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HomeMy WebLinkAboutAgenda Council Agenda 050301• City of Palm Beach Gardens Council Agenda May 3, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Russo Council Member Furtado Vice Mayor Jablin Z 0 Council Member Sabatello • E 0 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 3, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Comprehensive Annual Financial Report. 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 April 5, 2001 Regular City Council Meeting. b. Rejection of Bids for Fire Station No. 3. Consideration of rejecting all bids received for the proposed Fire Station No. 3 construction project. C. Resolution 63, 2001 — Florida Fish & Wildlife Field Operations Center — Concurrent Review. Consideration of approving concurrent processing of applications submitted by Florida Fish and Wildlife for a rezoning to Planned Unit Development and a Site Plan Review Application for property located 700 feet north of the Beeline Highway within the Sandhill Crane Ecosystem adjacent to the Loxahatchee Slough. • d. Resolution 65, 2001 — Grant Agreement for Burns Road Improvements. Consideration of authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with the Florida Department of Transportation and Palm Beach County. e. Resolution 69, 2001 — FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter training, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. f. Resolution 70, 2001 — FEMA Grant. Consideration of authorizing the Mayor to execute an application for assistance to Firefighters' Grant Program Funds for Firefighter wellness and fitness, and to enter into an agreement for the Federal Emergency Management Agency Fund monies. g. Police Department Road Patrol Vehicles. Consideration of purchasing three road patrol vehicles for the amount of $62,440.00. h. Resolution 71, 2001 - Roadway Lighting Maintenance Agreement with FDOT. Consideration of authorizing execution of a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. • i. Resolution 73, 2001 - Parcel 28.01(AKA Legacy Place) Plat. Consideration of approving the Parcel 28.01 (a.k.a. Legacy Place) Plat. j. Resolution 74, 2001 — Northlake /Congress Commercial Center — Plat. Consideration of approving the Northlake /Congress Commercial Center Plat. IX. PUBLIC HEARINGS: a. Ordinance 7, 2001 — Telecommunication Fees. Consideration of assessing a fee on Telecommunications companies that occupy municipal rights -of- way for telecommunications facilities; providing for payment and interest; providing for review of records. b. Ordinance 33, 2000 — Comprehensive plan Amendments. Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens based on the recommendations of the Local Planning Agency and staff, providing for transmittal; providing for codification in the Comprehensive Plan. C. Ordinance 10, 2001 — Legacy Place PCD Master Plan — Parcel 28.01. Consideration of rezoning approximately 74.2 acres of land generally • located southeast of the intersection of PGA Boulevard and Alternate AIA, as described herein; amending the City of Palm Beach Gardens official zoning map; approving a Master Plan of development for the Legacy Place Planned Community District; providing for conditions; . providing for waivers. X. RESOLUTIONS• a. Resolution 58, 2001 — Legacy Place Commercial Site Plan. Consideration of approving the construction of commercial Parcels "A," "B" and "C" within the Legacy Place Planned Community District, which is generally located southeast of the intersection of PGA Boulevard and Alternate A 1 A, as more particularly described in Exhibit "A" attached hereto; providing for conditions; providing for waivers; providing for conditions; providing for waivers. b. Resolution 59, 2001 — Legacy Place Residential Site Plan. Consideration of site plan approval of residential Parcel "D" within the Legacy Place Planned Community District, which is located at the northeast corner of Alternate A 1 A and RCA Boulevard, as described herein; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Stormwater Utility Fee. b. Project Graduation. XIV. CITY ATTORNEY REPORT: a. Settlement of Tanglewood Code Enforcement Liens. XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based • Public Information Monthly Report May 3, 2001 Public Information Related Activities ➢ Television Reports: ♦ Channel 5 report on the Traffic Summit March 30, 2001 ➢ Some of the written coverage included: ■ Monthly PGA C.A.N. Article • Catalfumo might buy five more companies (Palm Beach Post) • Police believe Ronald M. Snyder, 35, of West Palm Beach committed suicide (Palm Beach Post Metro Report) • • Gardens' growth infuses cash into candidates' coffers (Palm Beach Post) • Frenchman's Creek gifts benefit five organizations (Jupiter Courier) • Roller hockey resumes (Jupiter Courier) ■ Drastic steps for drought (Palm Beach Post) ■ Super school volunteer honored by State Education Commissioner (Jupiter Courier) Sister Act, or acting? editorial (Palm Beach Post) ■ Embraer opens P.B. Gardens office (Palm Beach Post) ■ Beth Ingold -Love, outgoing assistant to the city manager, was presented a key to the city (Palm Beach Post Metro Report) Stayed Tuned by Lauren Furtado (Weekday March 21 -27) ■ Albertson's Grand Opening photo (Weekday) • Russo says this is 'last year' as mayor (Weekday) • Photo of Beth Ingold -Love receiving key to City (Weekday) • Ceremony to make grand opening of renovated senior center official (Neighborhood Post) ■ Photo warming up for the game (Palm Beach Post) ■ Illegal watering in Palm Beach Gardens to get quite costly (Neighborhood News) ■ P.B. County backs plan to link houses, schools (Palm Beach Post) • 'Bomb' in car turns out to be harmless briefcase (Jupiter Courier) • 2000 distinguished Law Officers of the Year Awards (Palm Beach Post) • ■ County aims laser to map challenge to flood areas (Palm Beach Post) ■ Hunter's paradise lost (Palm Beach Post) r ■ Stayed Tuned by Lauren Furtado (Weekday March 28 -April 3) • Summit to examine growing traffic crisis (Palm Beach Post) • County could pick up state House seat (Palm Beach Post) ■ Cities no longer have white majorities (Palm Beach Post) Growth robs country feeling from state's suburban areas ( Palm Beach Post) • Water board pulls plug on extreme cuts (Palm Beach Post) ■ Thank you advertisement from Mayor Joe Russo (Neighborhood Post) ■ Letter to the editor Russo won because of service (Palm Beach Post) ■ A swift kick photo (Neighborhood Post) • Census charts and information (Palm Beach Post) ■ Traffic summit cites solutions to gridlock (Jupiter Courier) Forum targets traffic problems, solutions for Palm Beach County (Palm Beach Post) ■ Police are crediting the news media for the arrest of Steven F. Wilson (Metro Report Palm Beach Post) ■ An armed robbery suspect received minor injuries Monday afternoon when his car struck a utility pole (Metro Report Palm Beach Post) ■ City motorcycle officer Robert Thomas received rib injuries and cuts Monday afternoon when his motorcycle clipped a car (Metro Report Palm Beach Post) ■ Palm Beach Post editorial Solving traffic woes starts with cooperation ■ Topping off the big top photo (Palm Beach Post) • Circus comes to town: Shriners annual event set for the weekend (Neighborhood Post) • Gardens nips pruning problem in the bud (Neighborhood Post) ■ Gardens' assistant police chief awaiting word on fate after probe (Palm Beach Post) ■ Palm Beach county and Toronto based Kolter Property Co. have tentatively agreed on a county purchase of four acres of oak trees (Metro Report Palm Beach Post) ■ PGA bridge work to begin this month (Neighborhood Post) ■ Kids learn, fine -tune skills at soccer camp (Neighborhood Post) • Gardens police looking for Bank Robbery suspect (Weekday) ■ At 11:30 p.m. Sunday, Palm Beach Gardens police, with help from other police agencies (Metro Report Palm Beach Post) ■ Police dog helps catch Indiana prison escapee (Palm Beach Post) • Gardens Police Dog helps catch prison escapee from Indiana (Weekday) ■ A new church in town (Weekday) • Gardens Presbyterian Church plans worship in new building (Jupiter Courier) ■ Assistant chief of Gardens police fired over'threats' (Palm Beach Post) ■ Assistant PBG Police Chief fired after outside probe results (Weekday) ■ Gardens Council dealing with rapid growth plans for former MacArthur land (Weekday) ■ Proposed Garden Savings withdraws application (Palm Beach Post) • Frenchman's Creek Charity Day a success (Neighborhood Post) • Gardens assistant Police Chief files complaint with city under'Whistleblower Act' (Weekday) • ' Redistricting puzzle (Palm Beach Post) • Egg hunt Saturday in Palm Beach Gardens (Palm Beach Post) • North county putting damper on 'boom boxes' (Palm Beach Post) • Luxury rentals developer closes on 41- acre deal (Palm Beach daily Business Review) • PBG to conclude Defensive Driving Course for the city staff (Weekday)Proposal to be offered regarding canal maintenance for PBG (Weekday) • 12 -acre oak hammock preserved as Gardens housing project OK'd (Palm Beach Post) • Project could become Gardens downtown (Palm Beach Post) • Ready to 'doze? (Palm Beach Daily Business Review) • Medial Magnet students see surgery (Jupiter Courier) • Cheers: Gardens High squad gets 2 "d national title (Neighborhood Post) • Campus gives relief to working parents (Neighborhood Post) Press Releases • Stormwater Utility Schedule of Meetings • Defensive Driving Class April 18, 2001 • St. Mark's School Earth Day Celebration at Oaks Park on April 23, 2001 Special Event Permits Stella Marine Open House March 30, 31 and April 1, 2001 Relay for Life Rummage Sale March 31, 2001 • Publix Supermarket (Fairway Drive) March of Dimes Benefit April 10 - April 30, 2001 ■ Palm Beach Garden Club Plant Sale April 14, 2001 ■ Palm Beach Gardens Elementary Spring Carnival April 20, 2001 ■ American Cancer Society Relay for Life April 20 -21, 2001 ■ Edwin Watts Golf Shops Annual Tent Sale April 20 -22, 2001 • St. Ignatius Parish Family Picnic April 22, 2001 • Nutrition Smart Grand Opening April 28 - 29, 2001 ■ Dogwood Avenue Neighborhood Block Party May 19, 2001 ■ 1St Annual Block Party Lighthouse Drive July 4, 2001 Public Information Special Projects • Attended the Senior Center Ribbon Cutting Ceremony March 21, 2001 • Attended and photographed the GardensArt Reception March 29, 2001 • Published monthly edition of City Hall Gazette • Attended the monthly meeting of the Chamber of Commerce April 18, 2001 • Organized Earth Day Celebration in conjunction with St. Mark's School April 23, 2001 ■ Assisted Citizen Services with the Stormwater Utility informational meetings • ■ Planning and organizing with the Communication Team the Employee Family Picnic May 6, 2001 from 3:00 to 6:00 p.m. • Citizen Services Related Activities COMPLAINTS / ISSUES /SERVICE REQUESTSANQUIRIES • Received and processed 14 complaints through the "One Stop Shop" phone number.9 have been fully resolved and the remaining 4 are outstanding. • There are now (with the above outstanding complaints) a total of 22 outstanding complaints in the Citizen Services Division, broken down as follows: • Administration -1 • Growth Management —2 • Code Enforcement —5 • Public Works -13 • Police Dept. -1 • Processed, received, collated and filed 60 new (April) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 56 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 89 new and completed complaints. NEIGHBORHOOD PROGRAM • Held one GNA meeting on March 26, 2001. • ■ Sent out 19 letters to HOA's who held annual meetings in March, and updated our HOA database with responses from the HOA representatives. • Held 4 public meetings regarding Stormwater Utilities. "Buy into the Gardens" • Collected $200.00 for the BIG program and this brings the total collected to date for the BIG Program to $24,650.00. • Proofed the pavers sent from Lake Worth Monument and arranged for them to come out on April 24, 2001 to engrave the remaining pavers. ➢ VOLUNTEER PROGRAM • Requested background checks on 1 new volunteer. • Utilized 17 volunteers for a total of 252 hours at a savings to the City of $3,603.60. r 0 CITY COUNCIL REGULAR MEETING, 4/5/01 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 5, 2001 The April 5, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. A moment of silence was observed for U.S. military personnel in China. REORDER AGENDA: Councilmember Sabatello made a motion to reorder the agenda to next consider Item "h" from the Consent Agenda: Proclamation Amara Shrine 25th Annual Circus - April 12 -15, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. PROCLAMATION: Councilmember Clark made a motion to approve Item "h," Proclamation Amara Shrine 25th Annual Circus - April 12 -15, 2001.. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. Mayor Russo read the Proclamation into the record. A representative of Amara Shrine expressed thanks on behalf of the organization. ANNOUNCEMENTS: Mayor Russo expressed congratulations to City Attorney Len Rubin and his wife on the birth of their son. PRESENTATIONS: Team Building Facilitators - Human Resources Director Hank Dufour introduced Mr. Heinz, who provided a presentation describing his Vision 360 program, which helped organizations create a positive culture. Mr. Heinz described their processes that would be used in the program, and provided testimonials from former clients. Jim LaRue, LaRue Management, was the next presenter and he described how his program would help the City's management team implement goals, visions, and values established by the City Council. Mayor Russo indicated discussion of direction for this item would be held at the next meeting. Twogether for Life Organization - American Cancer Society/Heart Association - Mayor Russo announced this presentation would not be made tonight. Phase 3 Water Restrictions and Gray Water - Rim Bishop, Seacoast Utilities, indicated that under Phase 3 restrictions, the loss of property and business was possible, and since Northern Palm Beach County had no link to Lake Okeechobee, Seacoast had proposed not going to Phase 3 restrictions. Mr. Bishop noted that several cities in the northern part of the County had requested South Florida Water Management to continue Phase 2 restrictions. Mr. Bishop explained that Phase 2 restrictions were based on the historically low level of Lake Okeechobee, and that cities to the south did use Lake Okeechobee as their source of water; but there was no reason to restrict growth in this area based on water supplies here. Mr. Bishop reported Seacoast Utility had won the David York Wastewater Reuse Award for the State of Florida for the most innovative and effective wastewater reuse program. He explained that the reason the groundwater level was in such good shape in our CITY COUNCIL REGULAR MEETING, 4/5/01 2 area was that 100% of the wastewater was recycled and used for irrigation. Mayor Russo requested that an article explaining the water situation be placed in the next issue of City Line. Councilmember Furtado requested that the City share their conservation measures with other municipalities, and Councilmember Sabatello recommended revisiting the situation as the weather becomes hotter in order to request a waiver from water restrictions if there was no reason for those restrictions. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado thanked staff for their help with the Traffic Summit, expressed hope that the Council would support working with other governments to formulate alternative transportation issues, and volunteered to serve as a member of a Committee to develop those alternatives. Councilmember Furtado requested the lobbyist share what had happened at the Ironhorse meeting, to which the Mayor responded that there should first be a presentation from DOT. Vice Mayor Jablin indicated that he would also be interested in working on the alternative transportation issues, reported a wonderful meeting hosted by School of the Arts in the City Hall lobby displaying the banners made by their students, and indicated the Art Advisory Board was purchasing banners for display at City Hall. Councilmember Furtado proposed dividing the Burns Road underpass into spaces for different schools to paint murals, with which the Vice Mayor agreed. Mayor Russo reported he had discussed several items with Richard Orman and asked him to discuss the underpass under Comments from the Public. Councilmember Clark reported he and the Vice Mayor had attended a tour of the expanded Senior Center on Northlake Boulevard, and reported that the Senior Center offered a day care program for adults in the early stages of Alzheimers which was priced reasonably and that openings were available. Mayor Russo reported he had attended the last meeting of the North County Economic Advisory Group and that a new group consisting of all north county cities would replace that organization. Mayor Russo reported he had also attended a function by the marine industry in Palm Beach County, and had been amazed by their impact within the County. The Mayor had also attended the opening of the Environaire facility in Palm Beach Gardens, which employed 100. CITY MANAGER REPORT: The City Manager explained that a Public Information Report had been provided in the Council's packets. Hoyt Owens, Director of Public Works, reported that rainfall during the March 19, 2001 Rain Event was 6.625 inches, discussed the times that gate 1 and gate 2 had been open, and reported the magnitude of the backup of water during the event. Depictions of storm damage were reviewed. Councilmember Furtado commented on areas where the drainage had not properly performed. Councilmember Sabatello requested that consideration be given to system deficiencies, and questioned whether it was normal for the gates to take 45 minutes to open. Mr. Owens explained that was the normal time to open the gates and explained how the gate mechanism worked. Mr. Owens indicated items to be addressed with South Florida Water Management District were installation of remote sites to anticipate water flow and installation of gauges for City personnel to read and report to SFWMD. Discussion ensued regarding the need to improve communication with SFWMD. Mayor Russo recommended considering drainage improvements for the MacArthur Boulevard/Lighthouse Drive area, which the City Manager indicated could be considered in next year's capital improvements budget. Councilmember Clark expressed concern that one area on Burns Road always flooded, and suggested this area might be improved when Burns Road was widened. Councilmember Sabatello commented that the roads were designed to store water during CITY COUNCIL REGULAR MEETING, 4/5/01 3 storms, which was verified by City Engineer Dan Clark. The City Engineer discussed public meetings scheduled regarding the Stormwater Utility for 10 a.m. April 17; 3 p.m. April 19; 6:30 p.m. April 23, and 6:30 p.m. on April 25. Mr. Clark said that proforma and rate structure would be presented to the City Council at their May 3, 2001 meeting. COMMENTS FROM THE PUBLIC: Richard Orman, 4203 Oak Street, expressed his opinion that the proposed underpass for Burns Road was not needed and that a pedestrian light would be sufficient and much less costly, and requested more research be conducted on this item. Mr. Orman indicated he was an expert on crime prevention through environmental design and explained that a tunnel would invite crime. He questioned the need for waiving a time requirement for the Legacy Place development as listed on the Consent Agenda, to which Mayor Russo responded by explaining that the Council felt they needed to do what they could to get this development approved within a certain time frame. Mr. Orman expressed his opinion that the City Council granted too many waivers, which he intended to monitor. CONSENT AGENDA: Vice Mayor Jablin moved approval of the Consent Agenda. Councilman Clark seconded the motion, which was approved by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes for the March 1, 2001 City Council Regular City Council Meeting. b. Bid Award - Consideration of awarding the purchase of one cargo van and one 15- passenger van to Maroone Fleet for the amount of $38,658.00. C. Resolution 47, 2001 - Award of Contract - Bus Transportation for Summer Camp. Consideration of awarding the contract for summer camp bus transportation to Jupiter School Bus Services, Inc., in the amount of $60,50000. d. Resolution 51, 2001 - Upland Preserve. Consideration of approving a request by DiVosta and Company for upland preserve mitigation for The Isles (Parcel 4.05) Planned Unit Development to be located off -site on Parcel 4.07, at the northwest corner of Military Trail and Hood Road; providing for conditions. e. Resolution 53, 2001 - Mirasol Plats H & I. Consideration of approving Mirasol Plats H & I. f. Resolution 54, 2001 - Mirasol Parcel Three. Consideration of approving Mirasol Parcel Three Plat. g. Legacy Place - Development Application. Consideration of a request to waive Section 20(e)(1) of the City Land Development Regulations, which requires 23 days between a Planning and Zoning Commission recommendation and City Council consideration of a development application, in order to allow an expedited review schedule for Legacy Place. PUBLIC HEARINGS: Ordinance 5, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 5, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Providing for an Amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of Ordinances in conflict herewith; providing for severability, and providing for an effective date. Richard Orman questioned what the changes were, which Finance Director 0 CITY COUNCIL, REGULAR MEETING, 415101 4 Olson indicated the various changes totaled to a $2 million budget reduction for the balance of the year and that he would be happy to provide Mr. Orman with the list of items. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 5, 2001 on second reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2001 on second reading by title only. Ordinance 6, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 6, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, providing for the approval of an application from Marathon- Ashland Petroleum Corporation for a re- zoning of a .8 acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square - foot building and constructing a new 2,337 square -foot convenience store with gasoline sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. The applicant indicated they had moved the monument sign as requested by Council. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 6, 2001 on second reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 5, 2001 on second reading by title only. Resolution 36, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 36, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRl) and Planned Community District (PCD); providing for amendment of the Master Development Plan to designate an Oak Hammock Preserve of approximately eight acres, convert 151 hotel rooms to 213 residential units (as depicted on map H), combine all residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter Property (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, inc., Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc.; providing for repeal of resolutions in conflict; and providing for an effective date. Growth Management Director Charles Wu advised that the applicant had requested postponement to April 19, 2001 for both Resolution 36, 2001 and Resolution 50, 2001. Hearing no comments from the public, Councilmember Clark made a motion to continue the public hearing for Resolution 36, 2001 to the April 19, 2001 City Council meeting. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 50, 2001 - Kolter Site Plan. Consideration of approving an application from Kolter Properties and the Northern Palm Beach County Improvement District, requesting a Site Plan Review within a Planned Community District (PCD) for approval of a multi - family residential community within the Regional Center Planned Community District located north of Gardens Parkway and west of Prosperity Farms Road; the 49.37 acre site will contain 358 residential units 0 CITY COUNCIL REGULAR MEETING, 4/5/01 5 in Phase 1; and Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition. This item was pulled from the agenda at the request of the applicant. Resolution 48, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Taylor Woodrow Communities at Mirasol, Ltd., for Site Plan Approval to construct 475 multifamily units within Parcel D of the Mirasol Planned Community District (PCD) on the west side of Jog Road and the southwest comer of the Northern Rotary, approximately 1 -1/4 mile north of the intersection of Jog Road and PGA Boulevard, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing for an effective date. Planner John Lindgren presented the project. Ann Booth, agent for the petitioner, clarified the requested sidewalk waiver. Councilman Clark moved approval of Resolution 48, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 49, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Resolution 83, 1999, the Stainsafe (Lots 7 & 8) Development Order, to remove condition #7 of section 5; and providing for an effective date. Growth Management Director Charles Wu explained condition 7 relative to the traffic signal warrant study and the applicant's installation of said signal. He said that the study had indicated there was not sufficient traffic to warrant the traffic light. Councilman Clark moved approval of Resolution 49, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 7, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, assessing a fee on telecommunications companies that occupy municipal rights -of -way for telecommunications facilities; providing for payment and interest; providing for review of records; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark moved that Ordinance 7, 2001 be placed on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by 5 -0 vote. The City Clerk read Ordinance 7, 2001 by title only on first reading. ITEMS FOR DISCUSSION: Variable or Fixed Rate Debt - Because of changes in the market during the past six months, City Manager Ron Ferris requested flexibility to use either variable or fixed rates, or a combination of the two, to obtain the best interest rates for the City's debt. The City Manager received direction from the City Council to bring back a Resolution with the necessary changes to obtain the requested flexibility. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 8:50 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN • 0 CITY COUNCIL REGULAR MEETING, 4/5/01 6 ATTEST: CAROL GOLD CITY CLERK • CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Meeting Date: May 2001 Date Prepared:_, April 23, 2001 Subject/Agenda Item Rejecting bids for the construction of a Fire/Police Station at Howell Lane and Northlake Boulevard. Recommendation/Motion: Staff recommends rejecting all bids for the construction of a Fire/Police Station at Howell Lane and Northlake Boulevard. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Fire Rescue Total [ ] Approved., Finance $_ 1,500,000.00 [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. - Advertised: Other Funding Source: [ ] Continued to: Date: [ X ] Operating Attachments: Paper: [ ] Other Staff Report Submitted by: [ X ] Not Required Peter T. Bergel, Fire Chief Department He Affected parties ] ?�?-ti€ed Budget Acct. #:: 01- 522 - 1200.6210 [ ]None Appro City ger [ X ] Not required BACKGROUND: Staff report attached. CITY OF PALM BEACH GARDENS MEMORANDUM i TO: Mayor & City Council DATE: April 23, 2001 APPROVED: Ronald M. Ferris, Interim City Manager FROM: Peter T. Bergel, Fire C SUBJECT: Rejecting Bids for the Construction of Fire/Police Station 3 Background The construction of Fire/Police Station Three was budgeted in the 2000/2001 Fiscal year. On February 4, 2000 the City advertised a Notice to Bid for the construction of this station and subsequently held a pre -bid conference on February 20, 2001. Twenty -three (23) contractors were present at the pre -bid conference, which included a site visit. On March 15, 2001 the City opened and read aloud nine (9) bids which were received by the published deadline. Discussion The construction of Fire/Police Station Three was estimated and budgeted at $1,500,000 in Fiscal Year 2000/2001. The bids received ranged from the low bid of $1,776;518 to a high bid of $1,999,200. There were a total of nine bids received with the low bid being $276,000 higher than the estimated budget. Upon review of the bids it became apparent that the site improvement costs associated with eight acres was higher than originally estimated. This is partly due to the costs associated with achieving traffic and drainage concurrency for the improvements that will be done to Northlake Boulevard and to Howell Lane. Fire Rescue will revisit the building and site specifications for modifications in an attempt to lower the construction costs of this station. Major purchases for items such as appliances, lockers, and emergency generator will be removed from the bid specifications as well as revising the specifications for construction materials to a lesser grade than originally specified. Once the revisions to the bid specifications are complete Fire Rescue will re -bid the construction of this station. Recommendation Staff recommends rejecting all bids for the construction of Fire/Police Station at Howell Lane and Northlake Blvd and re- bidding the construction of this station. Ptb: PTB 0 cc: file • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 SUBJECT /CONSENT AGENDA ITEM Resolution 63, 2001- Approval of Concurrent processing of the applications submitted by Florida Fish & Wildlife for a Rezoning and a Site Plan Review. RECOMMENDATION Staff recommends approval of Resolution 63, 2001. Reviewed by Originating Dept.: Costs: $ Council Action: Total City Attorney (ZA;l . Growth Management [ ] Approved Finance N/A l $ [ ] Approved w/ Current FY conditions ACM 01� � / 1 [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [X] Not Required [ ] Other • Resolution 63, 2001 Location Map Mitted by: W.- L�lis. r, h Management Affected parties Budget Acct. #:: Director Notified ] None Approve City [X] Not required REQUEST Jose Aquila of Robert G. Currie Partnership, Inc., agent for Florida Fish & Wildlife, is requesting approval of the concurrent processing of a Rezoning application and a Site Plan Review application for an Operation Center located within the Sand Hill Crane Ecosystem adjacent to the Loxahatchee Slough. The parcel is located over 700 feet north of the Beeline Highway, and is accessible through a controlled gate to a shellrock access road (35 -41 S-41 E). City Council Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 Petition MISC -01 -07 DETAILS OF REQUEST The applicant will be requesting a rezoning of a 2.99 -acre site from Planned Development Area District (PDA) to a Planned Unit Development Overlay District (PUD) with an underlying zoning of Public /Institutional. Florida Fish & Wildlife acquired the land from the South Florida Water Management District, and plans to locate a maintenance facility from which to serve area Fish & Wildlife facilities. The applicant will be requesting site plan approval of a 4,620 square foot field operations center. The parcel is located within the Sand Hill Crane Ecosystem adjacent to the Loxahatchee Slough. The site is located over 700 feet north of the Beeline Highway northwest of the North Palm Beach Community Airport, and is accessible through a controlled gate to a shellrock access road. It is the applicant's position that the operations center will provide the facilities for the maintenance and regulation of natural resources and native vegetation within conservation areas, and therefore, is a compatible use within a conservation area. The site is currently zoned Planned Development Area District (PDA), which is used as a "holding zone" until applications are made for development approval. Prior to development the property must be rezoned according to the City of Palm Beach Gardens Comprehensive Plan. The applicant proposes to apply for a rezoning of the site concurrent with the application for site plan approval, if concurrent processing is approved by the City Council. PROCESS Section 21(b) of the City's Land Development Regulations states that the City Council may APPROVE concurrent processing of the above - mentioned applications only if the applicant can show compliance with the following criteria: (1) The application for approval of the amendment has not received an objection from a neighboring jurisdiction that has been raised through the development review committee process. (2) The application for approval of the amendment complies with adopted level of service standards and complies with the City's concurrency requirements. (3) The concurrent processing will benefit the City and will not cause an undue burden or adverse impact to the City. Section 21(c) of the City's Land Development Regulations further states that, "[I]f at any time during the concurrent processing an applicant fails to satisfy any of the criteria of 2 City Council Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 Petition MISC -01 -07 this section, such as the filing of an objection with the City, then concurrent processing shall immediately cease. The applicant is responsible at all times to comply with the requirements and criteria for concurrent processing and bears all risks for failure of an application to proceed in a timely fashion." RECOMMENDATION Staff has reviewed this request for concurrent processing and has determined that it meets all the requirements set forth in Section 21. Staff is recommending approval of this concurrent processing petition. • 0 3 Prepared 4/16/01 RESOLUTION 63, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF APPLICATIONS SUBMITTED BY FLORIDA FISH AND WILDLIFE FOR A REZONING TO PLANNED UNIT DEVELOPMENT AND A SITE PLAN REVIEW APPLICATION FOR PROPERTY LOCATED 700 FEET NORTH OF THE BEELINE HIGHWAY WITHIN THE SANDHILL CRANE ECOSYSTEM ADJACENT TO THE LOXAHATCHEE SLOUGH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received applications from Florida Fish & Wildlife for approval of Rezoning to a Planned Unit Development with an underlying zoning of Public/institutional and a Site Plan Review application; WHEREAS, Section 21, Concurrent Processing, of the City's Land Development Regulations prohibits the Growth Management Department from accepting or processing concurrent applications for a Rezoning to a Planned Unit Development and Site Plan Review; WHEREAS, Section 21 also provides that City Council may waive the requirements or prohibitions of said section if an applicant can demonstrate compliance with the criteria of Section 21(b); and WHEREAS, the City Council has determined that the concurrent review of the proposed Site Plan and Rezoning to a Planned Unit Development application will result in a more comprehensively planned project in this instance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review of concurrent processing of applications submitted by Florida Fish & Wildlife for a Rezoning to a Planned Unit Development and Site Plan Review. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY, 2001. JOSEPH RUSSO, MAYOR • • • ATTEST: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK Resolution 63, 2001 Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 Petition MIS C-01-07 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT f e �11. kn :e "'v .• I LF f G't Ari� / . ON G. • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 04/23/01 Meeting Date: 05/03/01 Subject/Agenda Item Resolution 65, 2001, approving a County Incentive Grant Agreement with the Florida Department of Transportation and Palm Beach County for the Burns Road improvements. Recommendation /Motion: Consider a motion to approve Resolution 65, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attom y Finance [ j 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 I\O Finance Director Affected parties �fdotifed Budget Acct. #: [ ] None Appro d by: City Mao. er [ X ] Not required BACKGROUND: See attached memorandum. BEACH c� GARDENS MEMORANDUM x CITY TO: Ronald M. Ferris, City Manager DATE: April 23, 2001 FROM: Kent R. Olson, Finance Director SUBJECT: Resolution 65, 2001— County Incentive Grant Agreement for Burns Road BACKGROUND Last September, the City applied for a County Incentive Grant to provide additional funding for the cost of improving Burns Road. Subsequently, we received approval of our grant application from both the County and the Florida Department of Transportation. Since the County Incentive Grant Program requires County approval, the grant agreement for the Burns Road project requires the approval of the City of Palm Beach Gardens, Palm Beach County and the Florida Department of Transportation (FDOT). 0 DISCUSSION Resolution 65, 2001 authorizes the City to enter into the County Incentive Grant Program Agreement with Palm Beach County and the FDOT. The Agreement is structured so that the City will deal directly with the FDOT to secure the grant monies and not have to use the County as a conduit. The City will invoice the FDOT on a monthly basis, including the appropriate supporting documentation, and will be reimbursed by FDOT. The Agreement includes the standard language used by the FDOT in all of its contracts, though we were able to make some minor revisions that were requested by City Attorney Len Rubin. Likewise, the County requested some changes that were acceptable to FDOT and the City. RECOMMENDATION Staff recommends approval of Resolution 65, 2001, authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with Palm Beach County and the FDOT for the Burns Road improvements. • RESOLUTION 65, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND PALM BEACH COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the improvements to Burns Road, the Florida Department of Transportation ( "FDOT ") has awarded a County Incentive Grant to help finance said improvements; and WHEREAS, FDOT has requested that the County and City enter into a Joint Participation Agreement outlining the responsibilities of each party with respect to the County Incentive Grant Program for the Bums Road improvements; and WHEREAS, the City Council has determined execution of the County Incentive Grant Program Agreement to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2. The City Council hereby authorizes the Mayor and City Clerk to execute the County Incentive Grant Program Agreement, copies of which are attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon adoption. • ul • INTRODUCED, PASSED AND ADOPTED this 3rd day of May, 2001. ATTEST: MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, MMC, CITY CLERK WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO NAY ABSENT Form 525- 010 -41 EXHIBIT A OGC - POLICY PLANNING 1 of 9 Catalog of State Financial Assistance No. 55.008 Financial Project No.: 409703- 1 -54 -01 COUNTY: Palm Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT ", and Palm Beach County, hereinafter referred to as the "COUNTY ", and the City of Palm Beach Gardens, hereinafter referred to as the "CITY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 409703- 1 -54 -01 for the widening of Burns Road from Military Trail to Prosperity Farms Road from two to four lanes, hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY is willing to assign all of its interests and obligations, financial and otherwise, in the oversight and management of the PROJECT to the CITY; and WHEREAS, the COUNTY by Resolution No. dated the day of _ , , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. WHEREAS, the CITY by Resolution No. dated the day of , , a copy of which is attached hereto and made a part hereof, has authorized the Mayor of its City Council to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: 1- SERVICES AND PERFORMANCE E -I J • Form 525 -010 -41 OGC - POLICY PLANNING 2 of 9 A. The COUNTY will assign all of its interests and obligations, fmancial and otherwise, in the oversight and management of the PROJECT to the CITY. The DEPARTMENT concurs with this assignment. The CITY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of design, right of way acquisition, landscape, construction and construction engineering inspection. B. The CITY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, and standards. The CITY shall be responsible for obtaining clearances /permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the CITY shall certify to the DEPARTMENT and COUNTY that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing. C. The DEPARTMENT and COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the CITY and of the details thereof. Coordination shall be maintained by the CITY with representatives of the DEPARTMENT. CITY shall provide the DEPARTMENT and COUNTY with quarterly progress reports. D. i) For projects located on the State Highway System, the DEPARTMENT must approve any consultant and/or contractor scope of services including project budget. CITY shall obtain DEPARTMENT approval of plans and specifications prior to bidding the project. This provision applies only to projects located on the State Highway System. ii) The CITY must certify that the consultant has been selected in accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be pre - qualified by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Construction (2000), as amended. E. The CITY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Josephine Softy 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 TO COUNTY: Mr. George Webb, County Engineer Department of Engineering and Public Works P. O. Box 21229 West Palm Beach, FL 33416 -1229 TO CITY: Mr. Ronald M. Ferris, City Manager 10500 North Military Trail Palm Beach Gardens, FL 33410 • Form 525 - 01041 OGC - POLICY PLANNING 3 of 9 2 -TERM A. The CITY shall perform the PROJECT activities in accordance with the following schedule: a) Design to be completed on or before January 1, 2002. b) Construction contract to be let on or before July 1, 2002. c) Construction to be completed on or before December 31, 2005. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by all parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3- COMPENSATION AND PAYMENT A. The parties agree that the estimated total project costs are $11,100,000. The parties further agree that the DEPARTMENT'S maximum participation is $3,885,000 and all remaining costs of the.project will be borne by the CITY. i) The CITY shall submit one invoice (4 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: _X_- monthly, or - quarterly, or - once the PROJECT has been accepted by the CITY and approved by the DEPARTMENT. ii) Any provisions for an advance payment are provided in Exhibit "A" attached to this agreement. iii) In the event the CITY proceeds with the design, construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the CITY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044 (29), Florida Statutes. C. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Form 525- 010-41 OGC - POLICY PLANNING 4 of 9 E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. F. Travel costs will not be reimbursed. G. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792. H. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be famished to the DEPARTMENT upon request. Records of costs incurred includes the CITY's general accounting records and the project records, together with supporting documents and records of the CITY and all subcontractors performing work on the project, and all other records of the CITY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. I. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. J. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. • • Form 525- 010-41 OGC - POLICY PLANNING 5 of 9 4- INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the CITY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and COUNTY and all of their officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the CITY, its officers, agents, employees, or due to any negligent act or occurrence of omission or commission of the CITY, its officers, agents, employees. Neither CITY nor any of its officers, agents, employees, will be liable under this section for the negligence of the DEPARTMENT or COUNTY or any of their officers, agents or employees. ii) The CITY agrees to include the following indemnification in all contracts with contractors / subcontractors, consultants /subconsultants, who perform work in connection with this Agreement: "The contractor /consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor /consultant, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The CITY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of the agreement, when it includes construction within the limits of a railroad right -of -way, the CITY must provide or cause its contractor to provide insurance coverage in accordance with Section 7 -13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COMPENSATION. Worker's Compensation insurance as required Compensation Law. 5- COMPLI4,NCE WITH LAWS The CITY shall also carry and keep in force for the State of Florida under the Worker's A. The CITY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Form 525 - 01041 OGC - POLICY PLANNING 6 of 9 CITY in conjunction with this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The CITY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The CITY and the DEPARTMENT agree that the CITY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. E. Recipients of state funds are to have audits done annually using the following criteria. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non -State funds. Reporting Packages and management letters generated from audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit Form 525 -010 -41 OGC - POLICY PLANNING 7 of 9 workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302 -1450 &TERNIINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the CITY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Contract may be canceled by the CITY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the CITY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the CITY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the CITY, the DEPARTMENT shall notify the CITY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the CITY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the CITY. 7- MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. Form 525- 010-41 OGC - POLICY PLANNING 8 of 9 All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the CITY. C. In no event shall the making by the DEPARTMENT of any payment to the CITY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the CITY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Palm Beach County, Florida. G. This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 6. H. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. s • Form 525 - 010-41 OGC - POLICY PLANNING 9 of 9 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of , the CITY has caused this Agreement to be executed in its behalf this _ day of , by the Mayor of the City Council, authorized to enter into and execute same by Resolution Number of the Board on the day of _, ' and the DEPARTMENT has executed this Agreement through its District Secretary for District , Florida Department of Transportation, this day of PALM BEACH COUNTY, FLORIDA ATTEST: (SEAL) CLERK BY: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS CITY of PALM BEACH GARDENS, FLORIDA ATTEST: (SEAL) BY: CLERK MAYOR, CITY COUNCIL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: BY: DISTRICT SECRETARY DISTRICT DOT Legal Review: Availability of Funds Approval: (Date) ,* Exhibit A PROVISIONS FOR ADVANCED PAYMENTS (If Applicable) (Reference section 3 A. ii, in agreement) A. The DEPARTMENT agrees to pay an amount of $582,750 which is equal to 15% of the DEPARTMENT'S maximum participation of the estimate of the cost of the project. B. The advanced amount shall be paid to the CITY after execution of this agreement and within the fiscal year of the project funding in the DEPARTMENT'S Adopted Work Program as of the date of execution. C. The amount advanced after execution shall be applied toward latter months payments or at the completion of the project. D. The CITY will submit an invoice for the advance. • • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 Subject/Agenda Item Supporting Assistance to Firefighter's Grant Program funds for expansion of the Training Program and authorizing the Mayor to enter into an agreement for Federal Emergency Management monies. Recommendation/Motion: Staff recommends approval of Resolution # 69 to support the expansion of the City's Training Program for firefighters through the application for a grant through the Federal Emergency management Agency. Reviewed by: Originating Dept.: Costs: $ 7,000 Council Action: Total City Attorne Fire Rescue [ ] Approved Finance $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] Operating Paper: [ ] Other Staff Report Letter of Support Grant Application [ X ] Not Required Resolution Submitted by: Peter T. Berg Department Head Affected parties otifed Budget Acct. #:: 01- 1200 - 522.3810 [ ] None App:�e:r City [ X ] Not required BACKGROUND: See staff report. U11 Y uk PALM UhAun UAKUENN MEMORANDUM TO: Mayor & City Council Date: April 17, 2001 APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chi SUBJECT: Support for Assistance to Firefighters Grant Program Background Fire Rescue has initiated a Training program for fire personnel. Through donations from businesses in the community, we have recently renovated our training tower, which is located at Fire Headquarters. Since we already contract with Palm Beach Community College to train personnel we are proposing our fire training tower be the designated training site for North Palm Beach County. Six North County Fire Departments will benefit "from our training site. Our Fire Department has been a recipient of the International Association of Fire Chiefs Life Safety Achievement Award for the last three- (3) years. We pride ourselves in providing comprehensive emergency services to our community including Fire Suppression, Emergency Medical Services, Fire Prevention and Community Education. Discussion 0 The grant proposal addresses the need to enhance our Training Program by certifying our qualified personnel to provide in -house training and to provide firefighting basic training. • The new upgraded fire training tower will provide a training site for our entire firefighting workforce. • We offer training through a contract with Palm Beach Community College so curriculum and hands on simulation will be provided. • The grant proposal will include funds for various training conferences for fire personnel. Recommendation Staff recommends of Resolution # 69 supporting Assistance to Firefighters Grant funds from the Federal Emergency Management Agency for the expansion of the Training Program. PTB:vhw i 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION NO. 69 , 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FUNDS FOR FIREFIGHTER TRAINING, AND TO ENTER INTO AN AGREEMENT FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY FUND MONIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Fire Department is involved in the delivery of comprehensive Fire Suppression, Fire Prevention, Pre - Hospital Emergency Medical Services, and other emergency functions within the City of Palm Beach Gardens; and WHEREAS, the efficient delivery of emergency services requires specialized training and practical simulation; and WHEREAS; the training facilities, on the campus of Fire Headquarters, is the only facility equipped for this training in Northern Palm Beach County; and WHEREAS, the training program must meet the extensive requirements of the State of Florida for Fire Fighter training and certification; and WHEREAS, the City of Palm Beach Gardens, through its Fire Department, also uses this training program and their facilities extensively for the training and education of incumbent Fire Fighters, Paramedics, and Line Officers; and WHEREAS, the City of Palm Beach Gardens also uses the services and instructional capability of the Fire Academy for other training programs required in Fire and EMS services dealing with confined space entry and safety, bloodborne pathogen training, and first responder hazardous materials training; and WHEREAS, the City Council supports the expansion of the City's firefighter training program through the filing an application for Assistance to Firefighters Grant Program monies, as administered by the Federal Emergency Management Agency. 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 to execute an application for Assistance to Firefighters Grant Program monies for the expansion of the Firefighter Training Program and to enter into an agreement with the Federal Emergency Management Agency. 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 effect 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 ATTEST: CAROL GOLD CITY,CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. , 2001. JOSEPH R. RUSSO, MAYOR LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE. NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO 2 0 • Exhibit A , Page 1 of 1 § 8-2 PALM BEACH GARDENS CODE mayor during any fiscal year in which the ordinance raising salaries is adopted, but they may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. ARTIC?.F Ea: APPOINTMENT, POWERS AND DUTIES OF CITY OFFICERS Section 9 -1. Powers and duties of the mayor. The mayor shall be the chief executive officer and shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds- and other documents, and as the city official designated to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. The vice -mayor shall assume the duties of the mayor during the absence or disability- of the mayor. In the absence or disability of both the mayor and vice- mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. Section 9 -2. Powers and duties of the city clerk. The city clerk shall be in charge of all general office administration involving the day -to -day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. [The city clerk shall] perform such other duties as the city council may prescribe by ordinance. Section 9 -3. Powers and duties of the city treasurer. The city treasurer shall receive, safely keep and disburse, under the direction of the council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disbursements in such manner as the city manager shall direct. The treasurer shall deposit funds of the city in such banks or trust companies as the city manager shall from time to time designate; and all checks drawn upon any depository of the city funds shall be signed by the treasurer unless otherwise provided by resolution of the council, and no .money shall be paid except by check, —less express authority to do so has been first given to the treasurer by the city manager. All checks drawn upon depository of city funds shall be countersigned by those persons designated by resolution of the city council. - CHT:30 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 16, 2001 Subject/Agenda Item Supporting Assistance to Firefighter's Grant Program funds for expansion of the Wellness and Fitness Program and authorizing the Mayor to enter into an agreement for Federal Emergency Management monies. Recommendation/Motion: Staff recommends approval of Resolution # 70 to support the expansion of the City's Wellness Program for firefighters through the application for a grant through the Federal Emergency Management Agency. Reviewed by: Originating Dept.: Costs: $ 7,000 Council Action: Total City Attorney Fire Rescue [ ] Approved Finance $ 0 [ )Approved w/ Current FY conditions ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] Operating Paper: [ ] Other Staff Report Letter of Support Grant Application [ X ] Not Required Resolution Submitted by: Peter T. Ber Department Head Affected parties ] Notified Budget Acct. #:: 01- 1200 - 522.6400 [ ] None Approve City an ger [ X ] Not required BACKGROUND: See staff report. S CITY OF PALM BEACH GARDENS MEMORANDUM V, TO: Mayor & City Council Date: April 16, 2001 APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chi SUBJECT: Support for Assistance to Firefighters Grant Program Background Fire Rescue has initiated a wellness and fitness program for fire personnel. A Wellness Committee was set up and personnel have been trained and certified as personal trainers through ARA Human Factors (sponsor and originator of the Firefighter Combat Challenge). The Wellness Program includes but is not limited to Physical Fitness testing twice a year with an incentive program in the form of paid time off. Body Composition testing, physical fitness evaluation as well as designing work out programs are also available to staff. Two of the three existing fire stations have sub standard fitness equipment and fitness equipment is needed for Station 63 when construction is complete. Our Fire Department has been a recipient of the International Association of Fire Chiefs Life Safety Achievement Award for the last three (3) years. We pride ourselves in providing comprehensive emergency services to our community including Fire Suppression, Emergency Medical Services, Fire Prevention and Community Education. Discussion • The grant proposal addresses the need to enhance our Wellness Program by providing upgraded fitness equipment. • The new upgraded fitness equipment will be located at all three existing fire stations and in the new station 63. • We offer entry level physical examination and an immunization program so this proposal will enhance our existing program by encompassing nutrition as well as mandatory fitness training. • Fire personnel have already received certification through ARA Human Factors and are qualified to provide wellness and fitness training. 0 The grant proposal will include a consulting sports medicine professional to oversee the program. • The wellness and fitness program will be extended to all City employees. r Recommendation Staff recommends approval of Resolution # 70 supporting Assistance to Firefighters Grant funds from the Federal Emergency Management Agency for the expansion of the Wellness and Fitness Program PTB:vhw • • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION NO. 70, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FUNDS FOR FIREFIGHTER WELLNESS AND FITNESS, AND TO ENTER INTO AN AGREEMENT FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY FUND MONIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Fire Department is involved in the delivery of comprehensive Fire Suppression, Fire Prevention, Pre - Hospital Emergency Medical Services, and other emergency functions within the City of Palm Beach Gardens; and WHEREAS, the efficient delivery of emergency services requires specialized physical training and wellness education; and WHEREAS, the department facilities do not meet the extensive requirements for providing adequate physical training and wellness activities; and WHEREAS, The City of Palm Beach Gardens, through its Fire Department, also intends to use these facilities and services for physical training and wellness activities of incumbent employees; and WHEREAS, the City Council supports the expansion of the City's firefighter wellness and fitness program through filing an application for Assistance to Firefighters Grant Program monies, as administered by the Federal Emergency Management Agency. 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 to execute an application for Assistance to Firefighters Grant Program monies for the expansion of its Wellness and Fitness Program and to enter into an agreement with the Federal 18 Emergency Management Agency. 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 effect 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 ATTEST: CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO F] , 2001. JOSEPH R. RUSSO, MAYOR ILI M_- ABSENT • • • Exhibit A , Page 1 of 1 § 8 -2 PALM BEACH G.AiDENS CODE mayor during any fiscal year in which the ordinance raising salaries is adopted, but they may raise or lower salaries of all members of future councils, to take effect during the fiscal year following the adoption of an ordinance to that effect. ARTICUP Ea: APPOIN' 11ENT, POWERS AND DUTIES OF CITY OFFICERS Section 9 -1. Powers and duties of the mayor. The mayor shall be the chief executive officer and shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all agreements Nrith other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall a voice and vote in the proceedings of the city council. The vice -mayor shall assume the duties of the mayor during the absence or disability of the mayor. In the absence or disability of both the mayor and vice- mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. Section 9 -2. Powers and duties of the city clerk. The city clerk shall be in charge of all general office administration involving the day -to -day business of the city and shall maintain all city records which the city manager may prescribe by administrative rules of procedure, attest all executory contracts made in behalf of the city as evidence of authorization of such contracts by the city council; and no executory contracts made in behalf of the city or to which the city is a party shall be valid unless attested by the city clerk. [The city clerk shall] perform such other duties as the city council may prescribe by ordinance. Section 9 -3. Powers and duties of the city treasurer. The city treasurer shall receive, safely keep and disburse, under the direction of the council, all funds belonging to or under the control of the municipality; shall keep an accurate account of all receipts and disbursements in such manner as the city manager shall direct. The treasurer shall deposit funds of the city in such banks or trust companies as the city manager shall from time to time designate; and all checks drawn upon any depository of the city funds shall be signed by the treasurer unless otherwise provided by resolution of the council, and no money shall be paid except by check, unless express authority to do so has been first given to the treasurer by the city manager. All checks drawn upon depository of city funds shall be countersigned by those persons designated by resolution of the city council. . CHT:30 • f CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared: April 23, 2001 Meeting date: May 3, 2001 Subject/Agenda Item: POLICE DEPARTMENT ROAD PATROL VEHICLES Recommendation /Motion: PURCHASE THREE (3) ROAD PATROL VEHICLES FROM DON REID FORD Reviewed' b Originating Dept.: Costs: $62,440.00 Council Action: .v!; City AttorrlI PUBLIC WORKS Total [ ] Approved A AFinance _1 $ ( ] Approved w1 conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating [ ] Other See attached Paper. [ ] Not Required Submitted by: Hoyt Owens, Public Works Director AW#4#f Affected parties Budget Acct# -- 031 -3020- 539.6410 ( ]None Jetitied Id M. rris, ger [ ] Not required Background: See attached Memorandum. El • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: April 23, 2001 FROM: Hoyt Owens, Public Works Director *&at SUBJECT: PURCHASE THREE (3) ROAD PATROL VEHICLES POLICE DEPARTMENT This request is for the purchase of three (3) road patrol vehicles, as noted, for the amount of $62,440. The City will purchase three (3) road patrol vehicles from the FLORIDA STATE VEHICLE CONTRACT #070- 100 -404. The vehicle purchases under the contract will be directed to Don Reid Ford. The Public Works Department budgeted funds for these purchases in vehicle account #31- 3020 - 539.6410. Public Works' staff has discussed these findings with the Police Department and they concur with this recommendation. Police Department has chosen to purchase three new replacement vehicles (301, 341 and 344) rather than rehabilitate four previously "deadlined" vehicles (296, 394, 397 and 759). At this time, the Public Works Department is requesting Council to consider a motion to award the purchase of the three (3) road patrol vehicles, as delineated in the accompanying documentation package. Should you have any questions regarding this recommendation, please contact me. I will make myself available for the next City Council meeting to answer any questions. attachments: HO /ca c: M.A. Vadas, Jr. James FitzGerald a: vehicle'purchase 042001 diskl L ­I LA NEW VEHICLE REQUEST FORM FY2000/2001 za2J00'i ONE DEPARTMENT POLICE DIVISION Patrol WILL REPLACE VEHICLE 301 ADDITION TO FLEET NO DATE 4/16101 CACTn0V IAICTAI I Fn nPTInNC RSTIMATFn RnCT GI FFT IIVCTAI 1 Fn Fnl IIPMFI IT FCTIIUTATFn rACT 1 BASE VEHICLE: FORD Crown Vic Patrol 4dr $ 19,820.00 1 VINYL REAR SEATS $ 65.00 1 TAG & TITLE $ 55.00 2 PUSH BUMPER $ - 2 SPECIAL WIRE TERMINALS $ 35.00 3 SPOT LIGHTS TWO LEFT & RIGHT $ 450.00 3 LENS KIT $ 70.00 4 ROOF REINFORCEMENT $ 70.00 4 COMPUTER BRACKET $ - 5 REAR END SLIP $ 95.00 5 RADIO,ANTENNA OLD CABLE ONLY $ - 6 REAR DOOR LOCKS,HANDLE,WINDOW INOPERATIVE $ 40.00 6 GRAPHICS $ 250.00 7 DOME LIGHT INOPERATIVE $ 15.00 7 LIGHT BAR, ARROWSTICK(OLD BRACKET ONLY). $ - 8 KEYED ALIKE & 3rd KEY Code 1284x $ 40.00 8 SIREN,CONTROLLER OLD BRACKET ONLY $ - 9 RADIO SUPPRESSION $ 70.00 9 RACK FOR VANS $ - 10 SILICON HOSES $ 300.00 10 TRUNK BOX COMPLETE $ - 11 RAINSHIELD 2dr ONLY $ 45.00 11 RADIO COMPLETE $ - 12 AUX FUSE BLOCK $ 50.00 12 PHONE $ - 13 ROOF WITHOUT HOLE $ - 13 K -9 WARNING $ - 14 TRAILER HITCH,TOW CHAINS ELECTRIC BRAKES $ - 14 SHOT GUN RACK $ - 15 TRUCK RELEASE $ - 15 CAGE $ - 16 REAR BENCH SEAT $ - 16 FIRST AID KIT $ - 17 TWO TONE PAINT BLACK & WHITE $ 450.00 17 LIGHT BAR, ARROWSTICK COMPLETE $ - 18 STROBE LIGHTS $ - 18 BACK -UP ALARM $ - 19 PUSH BUMPER $ - 19 WINDOW TINT $ - 20 HEAVY DUTY FLOOR COVER $ 20.00 20 SIREN COMPLETE $ - 21 GRILL GUARDS $ - 21 22 PRIVACY GLASS $ - 22 23 TRUNK RELEASE $ - 23 24 MAP LIGHT $ - 24 25 SKID PLATE $ - 25 26 A/C FRONT & REAR $ - 27 LIGHT BAR & SIREN COMPLETE $ - 28 AM /FM RADIO $ - TOTAL FLEET INSTALLED $ 410.00 FACTORY TOTAL WITH OPTIONS $ 21,530.00 REMARKS /JUSTIFICATION TOTAL ESTIMATED VEHICLE COST $ 25,082.00 All equipment will come from old 301 ABS brakes and map light are standard --dark blue interior —No hub caps ' Cnmrniters will bP su nln ied by police Department NEW VEHICLE REQUEST FORM FY2000/2001 M2O0 ONE DEPARTMENT POLICE DIVISION Patrol �II WILL REPLACE VEHICLE 341/344 ADDITION TO FLEET NO DATE 4/16/01 FACTORY INSTALLED OPTIONS FSTIMATFn COST PI FFT INSTAI I Fn FIJI IIPMFKIT CQTIIUTATCn ____ (9 1 BASE VEHICLE: FORD Crown Vic Patrol 4dr $ 19,820.00 1 VINYL REAR SEATS $ - 1 TAG & TITLE $ 55.00 2 PUSH BUMPER $ - 2 SPECIAL WIRE TERMINALS $ - 3 SPOT LIGHTS TWO LEFT & RIGHT $ - 3 LENS KIT $ - 4 ROOF REINFORCEMENT $ - 4 COMPUTER BRACKET $ 177.00 5 REAR END SLIP $ 95.00 5 RADIO,ANTENNA ( OLD CABLE ONLY $ 32.00 6 REAR DOOR LOCKS,HANDLE,WINDOW INOPERATIVE $ - 6 GRAPHICS $ - 7 DOME LIGHT INOPERATIVE $ - 7 LIGHT BAR, ARROWSTICK(OLD BRACKET ONLY). $ - 8 KEYED ALIKE & 3rd KEY Code 1284x $ 40.00 8 SIREN,CONTROLLER (OLD BRACKET ONLY $ - 9 RADIO SUPPRESSION $ - 9 RACK FOR VANS $ - 10 SILICON HOSES $ 300.00 10 TRUNK BOX COMPLETE $ - 11 RAINSHIELD 2dr ONLY $ - 11 RADIO COMPLETE $ - 12 AUX FUSE BLOCK $ - 12 PHONE $ - 13 ROOF WITHOUT HOLE $ - 13 K -9 WARNING $ - 14 TRAILER HITCH,TOW CHAINS ELECTRIC BRAKES $ - 14 SHOT GUN RACK $ - 15 TRUCK RELEASE $ - 15 CAGE $ - 16 REAR BENCH SEAT $ - 16 FIRST AID KIT $ - 17 TWO TONE PAINT BLACK & WHITE $ - 17 LIGHT BAR, ARROWSTICK COMPLETE $ - 18 STROBE LIGHTS $ - 18 BACK -UP ALARM $ - 19 PUSH BUMPER $ - 19 IWINDOW TINT $ - 20 HEAVY DUTY FLOOR COVER $ - 20 SIREN COMPLETE $ - 21 GRILL GUARDS $ - 21 22 PRIVACY GLASS $ - 22 23 TRUNK RELEASE $ - 23 24 STREET APPEARANCE $ 200.00 24 25 SKID PLATE $ - 25 26 A/C FRONT & REAR $ - 27 LIGHT BAR & SIREN COMPLETE $ - 28 AM /FM RADIO $ - TOTAL FLEET INSTALLED $ 264.00 FACTORY TOTAL WITH OPTIONS $ 20,455.00 REMARKS /JUSTIFICATION TOTAL ESTIMATED VEHICLE COST $ 20,719.00 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Beth Ingold -Love, Assistant to the City Manager DATE: February 19, 2001 APPROVED: FROM: Hoyt Owens, Director of Public Works A"Ad-- SUBJECT: POLICE DEPARTMENT VEHICLE REHABILITATION COST As per your request, I have researched the files on the above subject. The attached matrix provides a composite delineation of the costs per vehicle to provide a complete rehabilitation of four 1996 Chevrolet Caprice police vehicles ( #296, #394, #397 and #759). The engine replacement costs have increased over time, as follows: ORIGINAL DISCOUNTED ENGINE ENGINE DATE QUOTE QUOTE O/A 10 /00 $4,121.56 $2,597.88 O/A 01/25/01 $7,506.65 $4,495.00 Price Increase $3,385.09 $1,897.12 Percentage Increase 82.0% 73.0% The original written quotation that was received on or about 10 /00 was executed by the vendor on 09/26/00. The price change, that was received on or about 01/25/01 was a verbal update provided by the vendor to the City's Fleet Maintenance Supervisor. Unfortunately, no written confirmation was received at the time to substantiate the price change. The 01/25/01 memo from John Donahue to you is partially correct with the comment, "... costs of refurbishing engine and transmission items have almost doubled." As noted above, the discounted price for the new engine hac increased by 73.0 %, which was confirmed in writing from the vendor on 02/16/01. The inclusion of the "transmission" in the 01/25/01 memo text may be by association only, since the engine and transmission were included in the vendor's original written quotation. It is my summation after discussing this matter with the Fleet Maintenance Supervisor that there was no intent to provide misleading information. The cost for the engine change has increased $1,879.12 per vehicle for a composite total of $7,588.48 or a 14.5% total cost differential from the original quotation. As noted in the most recent documents received from Ed Morse.Restorations on 02/16/01, the total cost to refurbish the four (4) vehicles is $59,965.53. It is my understanding that the four vehicles under consideration do not currently have light bars installed, as standard equipment for a "road patrol" vehicle. There will be additional costs of approximately $1,646 per vehicle to place these vehicles in service. Consequently, the total costs to place these four vehicles on the street will be $66,549.53. The cost to purchase three new police pursuit vehicles (less graphics, communication equipment, prisoner cage and gun rack) from the State of Florida - Vehicle Contract is $23,890 each or $71,670. It may be in the City's best interest to place new pursuit vehicles on the street to preclude potential liability issues and the associated litigation costs to defend the logic of using 1996 refurbished vehicles, as first response vehicles. A significant amount of back -up materials are attached. If you have additional questions, please call me. attachments: a:love 021901 pursuit vehicles diskl C 4�� pµ'I • 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LAKUL, 4- VUOK.. Page 1 of 11 070 - 100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR SEDAN (RWD) (2A- LOCAL) (ADDED 20 OCT 00) NOTE: This detailed specification is not complete unless it is used in conjunction with Specification Number SRAT -1, Special Requirements All Automobiles and Light Trucks. INTENDED USE THIS IS STRICTLY A PURSUIT VEHICLE FOR LOCAL LAW ENFORCEMENT AGENCIES AND SHOULD BE USED ONLY BY LAW ENFORCEMENT POSITIONS FOR THIS PURPOSE. 10. ENGINE: Gasoline engine, V8, minimum 4.6L; standard alternator and battery; standard cooling system. 20. TRANSMISSION: Minimum 4 speed automatic with overdrive; transmission oil cooler. 30. AXLES: Standard axle ratio for specified engine /transmission combination. 40. PERFORMANCE ITEMS: Factory gauges (volt, oil pressure, water temperature and fuel); power steering; power steering fluid cooler; dome light, auxiliary map light and trunk light; heavy -duty suspension; certified speedometer, SEE SPECIFICATION PV -1. 50. COMFORT ITEMS: Air conditioning; all glass tinted; buckets seats with cloth upholstery; AM -FM radio; tilt steering wheel; remote decklid release; rear window defogger. 60. SAFETY ITEMS: 4 -wheel anti -lock braking system, SEE SPECIFICATION PV -1 for brake test; dual outside mirrors, remote control; power windows and door locks; air bags, driver and passenger. 70. TIRES & WHEELS: Five (5) P225/60VR16 or larger radial tires. Goodyear Eagle GT Speed Symbol "V' or approved equivalent. Full size spare; jack and lug wrench. • 80. CHASSIS, FRAME, CAB: Minimum 114.0 inch wheelbase; heavy -duty full rubber floor covering; all manufacturer's standard colors. 90. CONDITIONS: All enclosed Conditions and Requirements shall apply. MAKE: FORD CROWN VICTORIA 070 -100 -404 (2A- LOCAL) http://fcn.state.fl.us/st—contracts/07000199I/pfice6.htm „50 r 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 2 of 11 • NOTE: ONLY THE ABOVE NAMED DEALER(S) IS /ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! FACTORY CUT OFF DATE: *Discount for unit for vehicle picked up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 60 -180 DAYS OPTION: 070 - 100 -405 - Option, Local Pursuit Vehicle, Large, Spec. 2A -Local OPTIONS: (OB) ORVILLE BECKFORD (DF) DUVAL FORD (DR) DON REID FORD 1001 Silicone hose package. Radiator (OB) CODE: 177 PRICE: 300.00 hoses, heater hoses, and any other coolant hoses. (DF) CODE: 177 PRICE: 300.00 DEALER DISCOUNT* MODEL PRICE 40 Western ORVILLE 0 P71 19,879.00(A) District BECKFORD 2000 lbs. fully loaded. To include a (DF) CODE: DC 1 Northern DUVAL FORD 0 P71 19,798.00(B) District (DR) CODE: DITH PRICE: 305.00_ with adapter, pin, Central District DON REID FORD 0 P71 19,820.00(C) Southern DUVAL FORD 0 P71 _19,933.00(D) District (DF) CODE: 45C PRICE: 95.00 • NOTE: ONLY THE ABOVE NAMED DEALER(S) IS /ARE AUTHORIZED TO SELL THIS COMMODITY UNDER THIS CONTRACT! FACTORY CUT OFF DATE: *Discount for unit for vehicle picked up by ordering agency at contractor's place of business. Approximate delivery time required after receipt of order: 60 -180 DAYS OPTION: 070 - 100 -405 - Option, Local Pursuit Vehicle, Large, Spec. 2A -Local OPTIONS: (OB) ORVILLE BECKFORD (DF) DUVAL FORD (DR) DON REID FORD 1001 Silicone hose package. Radiator (OB) CODE: 177 PRICE: 300.00 hoses, heater hoses, and any other coolant hoses. (DF) CODE: 177 PRICE: 300.00 http://fcn.state.fl.us/st—contracts/07000199I/price6.htm 51 (DR) CODE: 177 PRICE: 300.00 2001 Trailer towing equipment for (OB) CODE: DITT PRICE: 305.00 towing trailers up to 2000 lbs. fully loaded. To include a (DF) CODE: DC 1 PRICE: 325.00 Class I receiver hitch, 2000 lbs. capacity, installed, (DR) CODE: DITH PRICE: 305.00_ with adapter, pin, clip and 1 -7/8 inch diameter ball. 3001 Limited slip or locking differential. (OB) CODE: 45C PRICE: 95.00 (DF) CODE: 45C PRICE: 95.00 (DR) CODE: 45F PRICE: 95.00 4001 Radio noise suppression package. (OB) CODE: 53M PRICE: 70.00 Order Code 53M. (DF) CODE: 53M PRICE: 70.00 (DR) CODE: 53M PRICE: 70.00 http://fcn.state.fl.us/st—contracts/07000199I/price6.htm 51 [7 is is .,, 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4 -DOOR. Page 3 of I 1 5001 Rain shields, all four door (OB) CODE: PRICE: 65.00 windows. Auto CODE:I DIRS (DF) Ventshade PRICE: 65.00 (DR) CODE:I Co. or approved (DF) CODE: PRICE: 78.00 equivalent. AVS (DR) CODE: PRICE: 90.00 DIRS 5002 Dome and courtesy lights (OB) CODE: PRICE: 15.00 inoperative. Order Code 478 478. (DF) CODE: PRICE: 15.00 478 (DR) CODE: PRICE: 15.00 478 5004 Delete AM -FM radio. (OB) CODE: PRICE: (100.00) Order Code 58B. 58B (Credit) (DF) CODE: PRICE: (50.00) 58B (Credit) (DR) CODE: PRICE: N/A N/A All vinyl upholstery on (OB) CODE: R PRICE: N/C seats. 5005 (NOTE TO USER: AVAILABLE WITH VINYL SPLIT BENCH AND VINYL REAR ONLY.) 5006 All vinyl upholstery on rear seat, only. (NOTE TO USER: AVAILABLE WITH CLOTH FRONT BUCKETS ONLY.) 5007 Full carpeting in lieu of HD full rubber floor covering specified in section 80. (DF) CODE: R PRICE: N/C (DR) CODE: R PRICE: N/C (OB) CODE:I PRICE: 65.00 (DF) CODE:I PRICE: 65.00 (DR) CODE:I PRICE: 65.00 (OB) CODE: PRICE: N/C D 127 (DF) CODE: PRICE: N/C D127 (DR) CODE: PRICE: N/C D 127 http://fcn.state.fl.us/st—contracts/07000199I/price6.htm PRICE: 52 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 4 of 11 5008 Power. driver's seat, 6- (OB) CODE way. 21A (DF) CODE 21A (DR) CODE 21A 5009 Electronic speed control (OB) CODE: with resume feature. (OB) 525 PRICE: (400.00) (DF) CODE: D525 (Credit) 525 (DF) (.DR) CODE: 525 5010 Split bench seat with cloth (OB) CODE: P upholstery. PRICE: (300.00) (DF) CODE: P (NOTE TO USER: (DR) CODE: P_ AVAILBABLE WITH standard hub caps. CLOTH REAR ONLY) PRICE: 360.00 PRICE: 360.00 PRICE: 360.00 PRICE: 215.00 PRICE: 215.00 PRICE: 215.00 PRICE: 90.00 PRICE: 90.00 PRICE: 90.00 6001 Delete anti -lock braking (OB) CODE: PRICE: (400.00) system specified in section D525 (Credit) 60. (DF) CODE: PRICE: (434.00 D552 (Credit) (DR) CODE: PRICE: (300.00) D552 (Credit) 7002 Full wheel cover in lieu of (OB) CODE: PRICE: 30.00 standard hub caps. 645 (DF) CODE: PRICE: 45.00 642 (DR) CODE: PRICE: 30.00 645 8001 Front license plate bracket. (OB) CODE: PRICE: N/C 153 (DF) CODE: PRICE: N/C 153 (DR) CODE: PRICE: N/C 153 8002 Keys, three (3) additional. (OB) CODE: PRICE: 4_0.00 DIKT (DF) CODE: 3K PRICE: 85.00 (DR) CODE: PRICE: 6_5.00 AK http, / /fcn. state. fl. us /st_ contracts /070001991 /price6. htm 53 i 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 5 of 11 8003 Body side molding, front (OB) CODE: PRICE: N/C doors, installed. Order (DF) 96C PRICE: N/C Code 96C. CODE: 96C (DR) CODE: PRICE: N/C 96C 8004 16" high strength (OB) CODE: PRICE: 235.00 aluminum push bumpers. (DF) DISA PRICE: 233.00 Setina model PB100 CODE: (phone 1 -800- 426 -2627) S16" or approved equivalent. Push bumpers (DR) CODE: PRICE: 200.00 must be installed in full BGS compliance with manufacturer's installation instructions. Factory or dealer installed. 8005 Vehicles keyed alike. All (OB) CODE: PRICE: 40.00 vehicles within a 432 -439 designated fleet to have (DF) CODE: PRICE: 40.00 identical key(s). VKA (DR) CODE: PRICE: 40.00 432 8006 Street appearance group. (OB) CODE: PRICE: 200.00 Order Code 60B. 60B (DF) CODE: PRICE: 200.00 60B (DR) CODE: PRICE: 200.00 60B N/A OPT 9901 Carpeted floor mats, front (OB) CODE: PRICE: 55.00 8007 and rear, color keyed. 12Y (DF) CODE: PRICE: 55.00 12Y (NOTE TO USER: NOT (DR) CODE: PRICE: 55_00 AVAILABLE WITH 12Y RUBBER FLOOR COVERING) 9901 Spotlight installed, (OB) CODE: PRICE: 170.00 mounted on LH side. 51A Order Code 51A. (DF) CODE: PRICE: 170.00 51A (DR) CODE: PRICE: 170.00 Is S1A http: / /fcn. state. fl. us /st_ contracts /07000199 I /price6. htm 4/23/2001 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 6 of 11 9902 Spotlight prep package, (OB) CODE: PRICE: 180.00 left and right hand side. 51Z Provides all components (DF) CODE: PRICE: 180.00 necessary for dealer to (DR) 51Z PRICE: 180.00 install the manufacturer's CODE: A- pillar mounted 51Z spotlight. Order Code 51Z. 9903 VASCAR installation. SEE (OB) CODE: DIVI PRICE: 260.00 SPECIFICATION PV -1. (DF) CODE: VAS PRICE: N/A (DR) CODE: N/A PRICE: N/A 9904 Dealer installation of decals (decals to (OB) CODE: DIDI PRICE: N/C be provided by purchasing agency). (DF) CODE: DEC PRICE: 25.00 (DR) CODE: DIDC PRICE: 85_00_ (NOTE TO USER: DECAL INSTALLATIONS MUST BE LIMITED TO THE FLORIDA HIGHWAY PATROL TYPE DESIGN AND CONFIGURATION.) 9905 Vehicle anti -theft system automatic (OB) CODE: DIVA PRICE: 135.00 activation. Factory or dealer installed. (DF) CODE: TREM PRICE: 153.00 Tremco Police Smart Anti -Theft (DR) CODE: DITC PRICE: 150_00 Systems, Tremco Products Company (1- 888 - 666 -3031) or approved equivalent. 9907 Lateral bow reinforcement. Order (OB) CODE: 185 PRICE: 70.00 Code 185. (DF) CODE: 185 PRICE: 70.00 (DR) CODE: 185 PRICE: 70.00 9911 Wiring, roof lamp - hole in roof. (OB) CODE: 187 PRICE: 80.00 Order Code 187. (DF) CODE: 187 PRICE: 80_00 (DR) CODE: 187 PRICE: 80.00 9912 Wiring, roof lamp - roof without hole. (OB) CODE: 189 PRICE: 60.00_ Order Code 189. (DF) CODE: 189 PRICE: 60.00 (DR) CODE: 189 PRICE: 60_00 http: / /icn.state.fl.us /st _contracts /070001991 /price6.htm 4/23/2001 070- 100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 7 of 11 9913 Rear door locks inoperative, with rear (OB) CODE: 157 PRICE: 20.00 door handles inoperative. Order Code 157. (DF) CODE: 157 PRICE: 20.00 (DR) CODE: 157 PRICE: 20.00 9915 Rear windows inoperative. Order (OB) CODE: 948 PRICE: 20.00 Code 948. (DF) CODE: 948 PRICE: 20.00 (DR) CODE: 948 PRICE: 20_00 9917 Auxiliary fuse block. Three (3) (OB) CODE: 417 PRICE: 50.00 circuits direct battery feed, three (3) (DF) CODE: 417 PRICE: 50.00 circuits ignition controlled. Order (DR) CODE: 417 PRICE: 50.00 Code 417. 9918 Complete set of service manuals. (OB) CODE: DISM PRICE: 245.00 (DF) CODE: DSM PRICE: 285.00 (DR) CODE: HELM PRICE: 295.00 Manufacturer's Extended Vehicle (OB) CODE: EVW PRICE: 3595.00 9919 Warranty. 5/75 Warranty shall be for a period of 5 (DF) CODE: EVW PRICE: 3885.00 years or 75,000 5/75 miles whichever occurs first. SEE (DR) CODE: ESP PRICE: 3795.00 SPECIFICATION EVW 5/75. 9920 Manufacturer's Extended Powertrain (OB) CODE: EPTW PRICE: 2150.00 Warranty. 3/100 Warranty shall be for a period of 3 (DF) CODE: EPTW_ PRICE: 2250.00 years or 100,000 3/100 miles whichever occurs first. SEE (DR) CODE: ESP PRICE: 2195.00 SPECIFICATION EPTW 3/100. 9921 Manufacturer's Extended Vehicle (OB) CODE: EVW PRICE: 3375.00 Warranty. 3/100 Warranty shall be for a period of 3 (DF) CODE: EVW PRICE: 3475.00 years or 100,000 3/100 miles whichever occurs first. SEE (DR) CODE: ESP PRICE: 3395.00 SPECIFICATION EVW 3/100. 9922 Manufacturer's Extended Powertrain (OB) CODE: EPTW PRICE: 1795,00 Warranty. 5/75 Warranty shall be for a period of 5 (DF) CODE: EPTW PRICE: 1895.00 years or 75,000 5/75 http://fcn.state.fl.us/st—contracts/070001 99 I/price6.htm 4/23/2001 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 8 of 11 http://fcn.state-fl.us/st_contracts/07000199 I /price6. htm 4/23/2001 miles whichever occurs first. SEE (DR) CODE: ESP PRICE: 1795.00 is SPECIFICATION EPTW 5/75. 9923 Delete Police Interceptor (OB) CODE: N/A PRICE: N/A Equipment. Provide a base 4 -door sedan. Model P73. (DF) CODE: N/A PRICE: N/A (DR) CODE: N/A PRICE: N/A (NOTE TO USER: SEE SPECIFICATION 070 - 200 -330 TO PURCHASE A NON - PURSUIT SEDAN) 9924 Vehicle Partition Barrier (FHP). (OB) CODE: DIVP PRICE: 479.00 Setina Bodyguard #10 -S, no holes drilled installation. (DF) CODE: S 10 PRICE: 533.00_ SEE SPECIFICATION PV -1. (DR) CODE: 10 -S PRICE: 579.00 9925 Ignition powered decklid release. (OB) CODE: 61H PRICE: 60.00 Order Code 61H. (DF) CODE: 61H PRICE: 60.00 (DR) CODE: 61H PRICE: 60.00 9926 Dual spotlamps, installed. Order (OB) CODE: 51 Y PRICE: 340.00 Code 51 Y. (DF) CODE: 51 Y PRICE: 340.00 (DR) CODE: 51Y PRICE: 450.00 9927 Lamp pre -wire group. Includes (OB) CODE: 476 PRICE: 45.00 package tray lamp wiring and inner decklid lamp wiring. (DF) CODE: 476 PRICE: 45.00 Order Code 476. (DR) CODE: 476 PRICE: 45.00 9928 Wiring - Horn/Siren system. Order (OB) CODE: 17D PRICE: 70.00 ,. Code 17D. (DF) CODE: 17D PRICE: 70.00 (DR) CODE: 17D PRICE: 70.00 9931 Slicktop lighting system (FHP). (OB) CODE: DISL_ PRICE: 360.00 Installation instructions to be (DF) CODE: SLICK PRICE: 1221.00 provided by the purchaser. SEE (DR) CODE: STFHP PRICE: 1461.00 SPECIFICATION PV -1. http://fcn.state-fl.us/st_contracts/07000199 I /price6. htm 4/23/2001 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 9 of 11 9932 Interior emergency warning lights (OB) (WHELEN). Installation (DF) instructions to be provided by the (DR) purchaser. SEE SPECIFICATION PV -1. Interior emergency warning lights (OB) 9933 (FHP). Installation instructions to (DF) be provided by the purchaser. SEE (DR) SPECIFICATION PV -1. 9934 Roof mounted visual warning (OB) system PVWL -6. Installation (DF) instructions to be provided by the (DR) purchaser. SEE SPECIFICATION PVWL -6. 9935 Roof mounted visual warning (OB) system PVWL -3 (FHP). Installation (DF) instructions to be provided by the (DR) purchaser. SEE SPECIFICATION PVWL -3 (FHP). 9936 Alternating lamp flashers. SEE (OB) SPECIFICATION PV -1. (DF) (DR) 9937 Roof mounted visual warning (OB) system PVWL -4. Installation (DF) instructions to be provided by the (DR) purchaser. SEE SPECIFICATION P VWL -4. 9938 Roof mounted visual warning system PVWL -5 (FWC). Installation instructions to be provided by the purchaser. SEE SPECIFICATION PVWL -5 (FWC). CODE: PV -1 CODE: WHELP V -1 CODE: PV 1 W CODE: PV -1 FHP CODE: PV -1 FHP CODE: PVFS CODE: PVWL6 CODE: PVWL6 CODE: C3DI CODE: PVWL3 CODE: PVWL3 CODE: PVWL3 CODE: PV -1 CODE: ALF CODE: FHL2 CODE: PVWL4 CODE: PVWL4 CODE: PVWL4 (OB) CODE: PVWL5 (DF) CODE: PVWL5 (DR) CODE: PVWL5 9939 Unmarked emergency warning lights (OB) (FHP). Installation instructions to (DF) be provided by the purchaser. SEE (DR) SPECIFICATION PV -l. 9940 100 Watt PA/S.IREN speaker, (OB) Federal Signal Model MS 100 or (DF) approved equivalent. Speaker to be (DR) mounted behind the front grille. CODE: FHP UNM CODE: UEW FHP CODE: UM FHP CODE: DIPA CODE: MS 100 CODE: MS 100 PRICE: 490.00 PRICE: 473.00 PRICE: 574.00 PRICE: 526.00 PRICE: 4_84.00 PRICE: 475.00 PRICE: 1049.00 PRICE: 1022.00 PRICE: 1474.00 PRICE: 1675.00 PRICE: 1649.00 PRICE: 1695.00 PRICE: 65.00 PRICE: 87.00 PRICE: 65.00 PRICE: 1799_00 PRICE: 1759.00 PRICE: 1899.00 PRICE: 1027.00 PRICE: 1012.00 PRICE: 1277.00 PRICE: 570.00 PRICE: 744.00 PRICE: 795.00 PRICE: 230.00 PRICE: 288.00 PRICE: 250.00 http://fcn. state. fl. us /st_contracts/070001991 /price6. htm 4/23/2001 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4 -DOOR. _ Page 10 of 1 I 9941 Roof mounted visual warning system (OB) CODE: PRICE: 1299.00 PVWL -7 (FWC). Installation (DF) PVWL7 PRICE: 1261.00 instructions to be provided by the (DR) CODE: PRICE: 1599_00 purchaser. SEE SPECIFICATION PVWL7 PVWL -7 (FWC). CODE: PVWL7 9942 Federal Signal SS 2000 SS Smart (OB) CODE: DIFS PRICE: 746.00 Siren with RMK microphone (DF) CODE: PRICE: 701.00 extension and MNCT microphone (DR) SS2000 PRICE: 695.00 with same touch pad (control head) CODE: as used with Federal Smart Vector SS2000 Lightbar, SVS4801. Location of equipment inside of vehicle will be provided by the purchaser. 9943 Lower level visual warning system (OB) CODE: DILL PRICE: 560.00 (FWC). Installation instructions to (DF) CODE: PV1 PRICE: 495.00 be provided by the purchaser. SEE (DR) FWC PRICE: 595.00 SPECIFICATION PV -1. CODE: FCC DI 9944 Sequential flashing arrow LED light. (OB) CODE:.DISF PRICE: 609.00 Whelen Model TA8FHP (phone 1- (DF) CODE: SEQ PRICE: 64_9.00 800 - 824 -8303) or approved (DR) CODE: PRICE: 69.00 equivalent. Installation instructions TA8FHP to be provided by the purchaser. 9945 Interior emergency warning light (OB) CODE: DIIE PRICE: 397.00 located at top of windshield. To (DF) CODE: ITWL PRICE: 3 10. 00 include one dual alternating blue (DR) CODE: MS2S PRICE: 275.00 strobe light. Whelen Model 413S1NT or Federal Signal Model .MS2S -FHP or approved equivalent. Installation instructions to be provided by the purchaser. 9946 Four corner strobe package with six (OB) CODE: DIFC PRICE: 590.00 head power supply capable of (DF) CODE: 4CS PRICE: 339.00 splitting lighting functions, Whelen (DR) CODE: SPS6J CODE: 399.00 model SPS660 or Federal Signal Model SPS6J. Exact location of lights and power supplies will be provided by purchaser. 9947 Two -way radio pre -wire. Two -way (OB) CODE: 946 PRICE: 45.00 radio connected to front speakers. (DF) CODE: 946 PRICE: 45.00 Order Code 946. (DR) CODE: 946 PRICE: 45.00 http://fcn.state.fl.us/st—contracts/07000199I/price6.htm 59 of 070 -100 -404 LOCAL LAW ENFORCEMENT PURSUIT VEHICLE, LARGE, 4- DOOR.. Page 11 of 11 9948 Power adjustable accelerator and (OB) CODE: 59C PRICE: 120.00 brake pedals. Order Code 59C. (DF) CODE: 59C PRICE: 120.00 Order Code 513. (DR) CODE: 59C. PRICE: 120.00 9949 Spot lamp prep package, driver's (OB) CODE: 51B PRICE: 90.00 side. Order Code 51B. (DF) CODE: 5 1 B PRICE: 90.00 Industries, Model #D3825FHP or (DR) CODE: 51B PRICE: 90.00 9950 Removable headliner with dual beam (OB) CODE: 513 PRICE: N'C map light (deletes 5" dome light). (DF) CODE: 513 PRICE: NN/C_ Order Code 513. (DR) CODE: 513 PRICE: N/C 9951 Trunk organizer. ABS, Pro Guard (OB) CODE: DITO PRICE: 210.00 Industries, Model #D3825FHP or (DF) CODE: PRICE: 135.00 approved equivalent. Morganelli & (DR) TRUNK PRICE: 198.00 Associates (904) 738 -3669. CODE: TO D3825 9952 Manufacturer's Extended Vehicle (OB) CODE: N /A, PRICE: N/A Warranty. Warranty shall be for a (DF) CODE: N/A PRICE: N/A period of 6 years or 100,000 miles (DR) CODE: N/A PRICE: N/A whichever comes first. SEE SPECIFICATION EVW 6/100. (NOTE TO USER: FOR OPTION 9923 ONLY) http:Hfcn. state.fl.us /st_contracts /070001991 /price6. htm 4/23/2001 is • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 23, 2001 Meeting Date: May 3, 2001 Subject/Agenda Item: Consideration of approval of Resolution 71, 2001, authorizing the Mayor and City Clerk to execute a Roadway Lighting System Maintenance Agreement and Addendum with the Florida Department of Transportation. Recommendation: Approval of Resolution 71, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney Not Applicable [ I Approved Finance [ ]Approved with conditions ACM ( ] Denied Other Advertised: Date: Funding Source: [ )Operating [ ] Continued to: Submitted by: Paper: [ ] Other City Attorney (X] Not Required Attachments: Approved by: Resolution 71, 2001 Affected parties: Maintenance Agreement Addendum City Manag [ ] Notified [ X] Not Required Background: In connection with the construction of improvements on PGA Boulevard east of the proposed flyover, the FDOT will be installing a roadway lighting system. By executing this Agreement, the City assumes all maintenance and operating costs forthe roadway lighting system. The City has already executed virtually the same agreement relating to the flyover improvements. FDOT cannot proceed with the project until this Agreement is in place. 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 71, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the construction of improvements on PGA Boulevard east of the proposed flyover, the Florida Department of Transportation ( "FDOT ") will be installing a roadway lighting sytem, the maintenance of which will be the responsibility of the City; and WHEREAS, FDOT has requested that the City enter into a Maintenance Agreement outlining the responsibilities of each party with respect to the roadway lighting system; and WHEREAS, the City and FDOT have negotiated an Addendum to the Maintenance Agreement to clarify certain provisions in the Agreement drafted by FDOT; and WHEREAS, the City Council has determined execution of the Roadway Lighting System Maintenance Agreement and Addendum 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 the Roadway Lighting System Maintenance Agreement and Addendum, copies of which are attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- 0 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. A, STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION Form No. 710 -010.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT R �'2/w ev. 12!00 �. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. Perform any work with its own forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. Indemnification FOR GOVERNMENT MAINTAINING AGENCY: To the extent provided by law, the MAINTAINING AGENCY shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING AGENCY in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT and the MAINTAINING AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON - GOVERNMENT MAINTAINING AGENCY: The MAINTAINING AGENCY shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The MAINTAINING AGENCY's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to Page 2 of 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth No. 710 -010.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Rev.. 12100 participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the MAINTAINING AGENCY of the FDOT's notice of claim for indemnification to the MAINTAINING AGENCY. The notice of claim for indemnification shall be served by certified mail. The MAINTAINING AGENCY's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the MAINTAINING AGENCY's inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and determines the MAINTAINING AGENCY is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the above duty to defend. 6. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to -the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 7. Miscellaneous a.. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. c. Time is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the MAINTAINING AGENCY: City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Page 3 of 3 J, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT If to the FDOT: _FDOT Resident Engineer 7900 W. Forrest Hill Blvd. West Palm Beach, FL 33413 Forth No. 710- 010-52 Uti lities Rev. 12/00 e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. f. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written MAINTAINING AGENCY DATE: BY: ( Signature) (Typed Name: ) Recommend Approval by the District Utility Office DATE: BY: (Signature) (Typed Name: *FDOT Legal Review Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT Y: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: • • Page 5 of 5 DATE: DATE: Forth No. 710-010 -52 Utilities Rev. 12/00 ADDENDUM TO ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT THIS ADDENDUM is entered into on even date with the Roadway Lighting System Maintenance Agreement ( "Agreement ") by and between STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, ( "FDOT ") and the CITY OF PALM OF PALM BEACH GARDENS, FLORIDA ( "MAINTAINING AGENCY "). WITNESSETH: WHEREAS, the FDOT and the MAINTAINING AGENCY wish to amend and clarify section 5 of the Agreement to more accurately define the MAINTAINING AGENCY's obligation to indemnify the FDOT. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in the Agreement and this Addendum, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. The following language shall be added to the end of the first full paragraph of Section 5: "Nothing contained herein shall be construed as a waiver of the MAINTAINING AGENCY's sovereign immunity protections orthe limitation of liability set forth in section 768.28, Florida Statutes." 2. The MAINTAINING AGENCY shall not be required to indemnifythe FDOTfrom any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission of its "contractors." Rather, the MAINTAINING AGENCY will require that the following indemnification language be placed in all contracts with contractors who perform any work in connection with this Agreement: The contractor shall indemnify, defend, save and hold harmless the FDOT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither'the contractor nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the FDOT or any of its officers, agents or employees. IN WITNESS WHEREOF, the parties have executed this Addendum on even date with the Roadway Lighting System Maintenance Agreement. 0 Page 1 of 2 [7 Attest: Carol Gold, CIVIC, City Clerk Attest: CITY OF PALM BEACH GARDENS, FLORIDA By: Joseph R. Russo, Mayor Approved as to form and legal sufficiency: Leonard G. 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Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Growth Management [ ] Approved a__ _ /,! le tt/4 $ 0 ( ] Approved w/ Finance (L�r�'- Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: [ ] Operating Other [X ]Not Required [ ] Other S fitted by• Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. 0 RESOLUTION NO. 73, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PARCEL 28.01 (AKA LEGACY PLACE) PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Parcel 28.01 (AKA Legacy Place) 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 Parcel 28.01 (AKA Legacy Place) Plat consisting of three (3) sheets dated April 2001, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. ATTEST: CAROL GOLD, CITY CLERK HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY • JOSEPH R. RUSSO MAYOR Resolution 73, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • AYE NAY ABSENT 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Date: April 24, 2001 Meeting Date: May 3, 2001 Subject/Agenda Item: Resolution 74, 2001 - Northlake /Congress Commercial Center -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney 249e Growth Management (Total) [ ] Approved cj6t& J f' ax, $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Funding Source: [ ]Continued to: Advertised: Attachments: [ ] Operating Other [X 1 Not Required [ ] Other bmitted t� C. Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. 9 RESOLUTION NO. 74, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE NORTHLAKE /CONGRESS COMMERCIAL CENTER PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Northlake /Congress Commercial Center 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 Northlake /Congress Commercial Center Plat consisting of one (1) sheet dated April 2001, prepared by Miller Land Surveying, 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 1 have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY 0 Resolution 74, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • AYE NAY ABSENT • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 22, 2001 Meeting Date: March 15, 2001 Subject/Agenda Item: Consideration of approval of Ordinance 7, 2001, assessing a fee on telecommunications companies that occupy City rights -of -way for telecommunications facilities. Recommendation: Approval of Ordinance 7, 2001 Reviewed by: City Attorney •'� Originating Dept: City Attome Costs: Not Applicable Council Action: [ ] Approved Finance kP7 [ ] Approved with conditions Funding Source: [ ] Denied [ ] Continued to: Submitted by: Advertised: City Attorne Date: [ ] Operating Paper: [ X] Not Required [ ] Other Attachments: Approved by: City Manager Affected parties: Memo to City Manager Ordinance 7, 2001 [ ]Notified [ X] Not Required • • • • M E M O R A N D U M WATFERSON, HYLAND & KLETT, P.A. To: Ronald Ferris, City Manager From: Leonard G. Rubin, City Attorney Subject: Fee Ordinance for Telecommunications Companies Occupying City Rights -of -Way for Telecommunication Facilities File No: 319.058 Date: February 22, 2001 As you are aware, the Florida Legislature enacted the Communications Services Tax Simplification Law during last year's legislative session. Effective January 1, 2001, a municipality may no longer require a telecommunications company to apply for or enter into a license or franchise agreement as a condition of placing or maintaining telecommunication facilities in municipal roads or rights -of -way. Consequently, the City must adopt a separate fee ordinance in order to impose fees on any new telecommunications company occupying municipal rights -of -way for such facilities after January 1, 2001. Please note that the proposed ordinance shall no longer be effective as of October 1, 2001. This sunset language is included because effective October 1., 2001, the authority to impose fees of the type set forth in this ordinance is removed and replaced with the authority to charge the new consolidated tax which will be collected by the Department of Revenue and rebated back to the City. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. PAU MISTORY\010131A\443 .308(319.058) CITY OF PALM BEACH GARDENS ORDINANCE NO. 7, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR PAYMENT AND INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 337.401, Florida Statutes (2000), provides that municipalities may require fees or other consideration from telecommunications companies occupying municipal rights -of -way for telecommunications facilities; and WHEREAS, the City seeks to establish fees for occupation of the City's rights -of- way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the City for occupation of the City's rights -of -way; and WHEREAS, the City intends to continue collecting fees from telecommunications companies occupying the City's rights -of -way as of the effective date of the ordinance and collecting the fees provided herein from any other telecommunications company; and WHEREAS, the City Council finds the adoption of this Ordinance to be in the interests of the public health, safety and welfare of the residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: Purpose, application and definition. A. The purpose of this Ordinance is to establish fees for occupation of the City's rights -of -way for telecommunications facilities of telecommunications companies not otherwise paying a fee to the City for occupation of the City's rights -of -way. Any telecommunications company paying fees for the occupation of the City's rights -of -way for telecommunications facilities as of the effective date of this Ordinance shall continue to pay fees to the City as the company has been paying them. • B. The fees imposed pursuant to this Ordinance shall apply to all telecommunications companies occupying the City's rights -of -way for telecommunications facilities and not otherwise paying a fee to the City for occupation of the City's rights -of- way. C. The fees imposed pursuant to this Ordinance constitute a fee and not a tax as specified in Section 337.401, Florida Statutes (2000). Consequently, (1) the payments to be made pursuant to this Ordinance shall not be deemed to be in the nature of a tax; (2) such payments shall be in addition to any and all taxes of a general applicability; and (3) the fee specified herein is consideration for occupation of the City's rights -of -way, including all public easements, for the purpose of erecting, constructing and maintaining telecommunications systems. D. As used in this Ordinance, the term "telecommunications company" shall have the meaning set forth in Section 364.02(12), Florida Statutes (2000). SECTION 3: Fee for telecommunications company occupation of rights -of -way. A. Types of Fees: (1) Any telecommunications company providing local telephone service, as defined in Section 203.12(3), Florida Statutes (2000), in the City and that is occupying City streets or rights -of -way within the corporate limits of the City with poles, wires or other fixtures shall pay to the City a fee in the amount of one percent (1 %) of the gross receipts on recurring local service revenues for services provided within the corporate limits of the City by such telecommunications company. Included within the fee are all taxes, licenses, fees, in -kind contributions accepted pursuant to Section 337.401, Florida Statutes (2000), and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings and similar improvements, and occupational license taxes levied or imposed by the City upon the telecommunications company. (2) In the event that a telecommunications company which provides telecommunications services defined as toll services in Section 203.012(7), Florida Statutes (2000), occupies the City's rights -of -way, the telecommunications company shall pay to the City annually Five Hundred Dollars ($500.00) per linear mile, which amount is prorated for any portion thereof, for any cable, fiberoptic, or other pathway that makes physical use of the City's rights -of -way. Such annual fee shall be prorated to reflect the expiration date of this Ordinance and shall be payable annually, in advance. If a telecommunications company that is required to pay fee pursuant to this subparagraph (A)(2) increases the amount of its facilities occupying the City's rights -of -way after such advance payment has been made, but prior to the expiration date of this Ordinance, the fees due for the additional -2- facilities shall be prorated and paid in full at the time facilities are installed in the City's rights of way. The fee or other consideration imposed pursuant to this subparagraph (A)(2) shall not apply in any manner to any telecommunications company which provides local telephone service as defined in Section 203.012(3), Florida Statutes (2000), for any services provided by such telecommunications company. B. The fees provided for in subsection (A)(1) shall be paid by the telecommunications company to the City in quarterly installments. The installment payments shall be based upon such gross receipts on recurring local service revenues for the immediately preceding installment period or portion thereof after the effective date of this Ordinance, and shall be made within thirty (30) calendar days following the end of the period. Past due payments or underpayments shall bear interest accrued from the last day of the quarter for which the payment was due. Interest shall be paid at the Florida statutory rate of interest on judgments as established by Section 55.03, Florida Statutes (2000). Payments shall include a statement as to how the fee amount was determined and the statement shall be certified by the telecommunications company's chief financial officer or other duly authorized representative of the company. C. If the City wishes to verify the payments due to the City under this section, the telecommunications company shall permit the City or a designated representative of the City, upon reasonable advancewritten notice, and during normal business hours atthe location of the telecommunications company where such records are maintained in the City, at another location satisfactory to the City, or elsewhere pursuant to (1) or (2) below, to review or audit the telecommunications company's billing and payment records kept in the ordinary course of business upon which the payments were based. If a telecommunications company's records are not maintained in the City, the telecommunications company shall either: (1) pay all reasonable expenses, including travel, following the provisions of subsections 112.061 (6), (7) and (8), Florida Statutes (2000), to the City for the City to have a review or audit performed; or (2) provide the City with access to copies of the telecommunications company's records in the City or within fifty -five (55) miles of the City or by an electronic method satisfactory to the City. Notwithstanding the foregoing, without specific written consent of a telecommunications company's audit representative, no company records may be duplicated or taken from the telecommunications company's premises, and the City shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purposes of verifying payments by the telecommunications company. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for sums due and payable under this Ordinance unless the City agrees in writing. In the event that the City, pursuant to the final audit -3- findings, determines that there exists a difference between the amount due to the City and the amount paid to the City, indicating an underpayment to the City, in excess of five percent (5 %) of the amount due, such telecommunications company shall pay all reasonable costs, fees and expenses of the audit. D. This Ordinance is adopted consistent with the provisions of Section 337.401, Florida Statutes (2000), and other applicable provisions of law. This section shall not be construed as a waiver or limitation of the power of the City to prescribe and enforce reasonable rules and regulations pursuant to applicable provisions of law. SECTION 4: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. This Ordinance shall not longer be of effect as of October 1, 2001. PLACED ON FIRST READING THIS DAY OF , 2001. PLACED ON SECOND READING THIS DAY OF , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY In • VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P:\CPWin\HISTORY\010131 A\43F.73(319.062)lgr- doc115 -5- 0 City Council Meeting Date: May 3. 2001 Date Revised: April 18, 2000 Petition: Txt -00 -02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 18, 2001 SUBJECT /AGENDA ITEM: Consideration of Approval: Public Hearing and Second Reading of Ordinance 33, 2000, regarding a City - initiated request to approve various amendments to the Future Land Use and Transportation Elements, including the incorporation of the City Center Linkages Plan into the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of Ordinance 33, 2000. • 1 Reviewed by: Originating Dept.: Costs: $ Council Action: Approved by: City Manager Total City Attorney Growth Management [ ] Approved Finance NA &I $ [ ] Approved w/ ACM Current conditions FY Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: [YesJ Attachments: Date: April 23, 2001 [ ] Operating • Ordinance 33, 2000 Paper: Palm Beach Post [ ] Other . Conceptual Thoroughfare Plan — • City Center Linkages Plan (Vehicular) • City Center Linkages Plan (Pedestrian/Bicycle) • City Center Existing and Planned Roadways • ORC Report • Response to ORC Report • 1 S tted by: owth Manage gent- DTlector [X] Required Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [X] Not required r • 1 City Council Meeting Date: May 3, 2001 Date Revised: April 18, 2000 Petition: Txt -00 -02 I. REQUEST: City staff requests the City Council's review and approval for various amendments proposed to the City's Comprehensive Plan. They include revisions to the Transportation Element consisting of incorporating the City Center Linkages Plan, deleting the southern alignment of Hood Road, the north -south linkage on the north side of Plat 4, and Fairchild extension from Northcorp Parkway/RCA Boulevard (Blvd.) to Campus Drive from the Conceptual Thoroughfare Plan, and clarifying Policy 2.1.2.2. Revisions to the Future Land Use Element consist of modifying Policy 1.1.1.3 and other text regarding the definitions of future land use categories to revise the minimum number of floors requirement for mixed -use developments. Finally, incorporating a policy to the Intergovernmental Coordination Element to support the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan" and amending the Capital Improvements Element to reflect the funding mechanism for implementing the City Center Linkages Plan. II. PROCEDURE: This is a request initiated by staff to formally amend the City's Comprehensive Plan. The Planning and Zoning staff has forwarded comments and recommendations to the Local Planning Agency (LPA). Acting in an advisory role, the LPA considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviews the request for approval, and makes a final determination of approval, approval with conditions, or denial. The Florida Department of Community Affairs (DCA) reviews the amendments for consistency with the State Comprehensive Plan and State statutes and administrative code regarding comprehensive planning and land development regulations. Once the review is completed, DCA issues a "Notice of Intent" to find the amendments "In Compliance" or "Not In Compliance." If a finding of "In Compliance" is issued, the amendments become effective twenty -one days after issuance of such finding. III. BACKGROUND: The City received the Objections, Recommendations and Comments (ORC) Report from DCA on February 28, 2001, which represents the State's response to the City's proposed amendments. The ORC Report contained one general objection consisting of several concerns raised by DCA with respect to the modified, Constrained Roadway At Lower Level of Service ( CRALLS). The City need not respond to the objection at this time, since the adoption ordinance does not include the CRALLS amendment. DCA raised a concern regarding how the City Center Linkages Plan was referenced in the proposed text to the Comprehensive Plan. The concern was that the plan might be self-amending without the initiation of a comprehensive plan amendment. Staff has contacted DCA and explained that this was not the case since the language incorporating the plan into the comprehensive plan clearly states the plan maps are part of the City's Conceptual Thoroughfare Plan Map, which is the City's official Transportation Map (Map O). No modifications can be made to the Linkages Plan without the initiation of a comprehensive plan amendment authorized and approved by the City Council. DCA has concurred with the City's position on this subject. The following is a brief summary of the proposed amendments for adoption. A. TRANSPORTATION ELEMENT First, staff was directed on July 15, 1999, during the "Main Street Visioning Session," to develop a linkages plan for the proposed City Center area. The City Council adopted the Linkages Plan by Resolution 93, 2000, on November 16, 2000. The plan is multi -model and provides for vehicular 2 • City Council Meeting Date: May 3, 2001 Date Revised: April 18, 2000 Petition: Txt-00 -02 as well as pedestrian and bicycle needs and improves circulation in the central business district of the City. It is one of several mitigation measures designed to elevate the impacts of the anticipated modified, CRALLS designation for PGA Blvd. Staff proposes incorporating the adopted plan into the City's Comprehensive Plan. Objective 2.1.6 of the Transportation Element has been revised to reflect the adoption of the Linkages Plan. A new policy, Policy 2.1.6.1, in the Transportation Element has been proposed to specify the standards for implementation and construction of the roadways in the Linkages Plan. Policy 2.1.6.1 has been modified since City Council's initial review of the proposed amendments. The text referring to the City granting credit for the construction of the roadways within the City's Center Linkages Plan toward the City's road impact fee has been deleted from the policy. Second, staff is proposing to delete the southern alignment of Hood Road because the segment would run through a nature preserve and is inconsistent with the County's Thoroughfare Right of Way Identification Map. Instead, a northern alignment for Hood Road, which is currently reflected and is consistent with the County's thoroughfare map. The County will construct the northern alignment of Hood Road, since it is a County road. The City's Conceptual Thoroughfare Plan map, the Conceptual Linkage Plan map, and the Project 2015 Traffic, LOS, & Proposed Laneage map have been revised to reflect this alignment and to be consistent with the County's thoroughfare map. Third, staff is requesting the deletion of the north -south linkage road north of Plat 4 (Garden Woods). The residents of Plat 4 have requested deleting this roadway. This segment is essentially a minor link envisioned to provide access and link two residential subdivisions only. This segment is proposed to be deleted from the Conceptual Thoroughfare Plan map. Fourth, staff requests deleting Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive because this link bisects and runs through a parcel of land that has a one unified plan of development (Legacy Place). Keeping the link would result in dividing the development essentially in half. This segment was not and is not on the City's capital improvements list. However, the property owner will provide an alternate east -west segment, but with a different alignment from Alt. A -IA to Fairchild Gardens Ave. This segment is reflected on the City Center Linkages Plan, which is proposed to be incorporated into the City's Comprehensive Plan. Fifth, staff requests revising Policy 2.1.2.2 of the Transportation Element to clarify that the laneage and right -of -way of arterial/primary roadways are to be based on County and State Standards. County staff has requested this revision. Sixth, staff has omitted the proposed CRALLS designation for PGA Blvd. and the traffic volumes to be permitted by such designation for the affected segments on PGA Blvd. from the adoption ordinance. This is because the County and DCA have not resolved the outstanding issues raised by the state to the County's CRALLS amendment for PGA Blvd. DCA has issued a finding of "Not In Compliance" to the County's adopted CRALLS designation for PGA Blvd. Staff recommends adoption of the CRALLS designation for PGA Blvd. in the next round of amendments and under a separate ordinance after all issues have been resolved. 3 U], City Council Meeting Date: May 3, 2001 Date Revised: April 18, 2000 Petition: Txt -00 -02 B. CAPITAL IMPROVEMENTS ELEMENT Staff requests amending the Capital Improvements Element to reflect the funding option/mechanism for implementing the City Center Linkages Plan. Policy 9.1.2.1 has been modified to specify the funding mechanism and timing of construction of the roadways in Linkages Plan. This must be included in the element to comply with State statutes. The City does not have to include the plan into the Capital Improvements Program (CIP) because the City will not be funding the construction of these roadways. Since the First Reading, staff has made a revision to this amendment by deleting a portion of the proposed language for adoption. The revised policy does not indicate that the City would grant credit toward the City's road impact fee for the construction of roadways within the City Center Linkages Plan. C. FUTURE LAND USE ELEMENT Staff requests revising Policy 1.1.1.3 and Policy 1.1.5.8 of the Future Land Use Element. The revisions to Policy 1.1.1.3 and other relevant text are to amend the required minimum number of floors (stories) for mixed -use developments with a more flexible requirement allowing for granting waivers from the requirement, as recommended by the Local Planning Agency (LPA). This request is being proposed so that the City retains flexibility without having to initiate a comprehensive plan amendment to the policy, should the need arise during site plan reviews of individual mixed -use projects. Also, the proposed revision is being made in order to facilitate the review and approval process of Legacy Place Planned Community District (PCD), since the PCD is currently inconsistent with the subject policy. The other revision to the element is to add language to Policy 1.1.5.8 to permit intensity increases of individual units of non - conforming multifamily residential uses, provided the density of such uses does not exceed the density permitted for the affected uses. The increase would only be allowed with City Council approval acting upon a recommendation from the Local Planning Agency. This revision to the subject policy is intended to facilitate the redevelopment of Tanglewood Apartments. D. INTERGOVERNMENTAL COORDINATION ELEMENT Staff requests incorporating a new objective, Objective 8.1.1.1, into the Intergovernmental Coordination Element to reflect the City's support for the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County. The plan is intended to form the basis for state and local agency cooperation and coordination for improving the appearance of U. S. 1 for northern Palm Beach County. The County has encouraged cities located in northern Palm Beach County to incorporate language into their respective comprehensive plans in support of the conceptual master plan and to assist in seeking funding to implement the plan. IV. LOCAL PLANNING AGENCY RECOMMENDATION: On October 24, 2000, the LPA has recommended approval (5 -0) of the proposed amendments to the City's Comprehensive Plan. As recommended by the LPA and approved on First Reading by the City Council, Policy 1.1.1.3, mixed -use policy, of the Future Land Use Element by reducing the minimum requirement for vertical integration and allowing waivers to be granted to waive the vertical integration requirement. The LPA requested this modification to facilitate the approval of Legacy Place PCD. 4 City Council Meeting Date: May 3, 2001 Date Revised: April 18, 2000 Petition: Txt-00 -02 V. STAFF RECOMMENDATION: Staff recommends approval and adoption of all proposed amendments to the City's Comprehensive Plan. G:Ta1a1 \Txt- 00- 02- str2 -2 • • 5 • Date Prepared: April 18, 2001 Ordinance 33, 2000 ORDINANCE 33, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BASED ON THE RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY AND STAFF; PROVIDING FOR ADOPTION; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, proposed text amendments to the Future Land Use, Transportation, Intergovernmental Coordination, and Capital Improvements Elements of the City's Comprehensive Plan have been prepared and reviewed by City Staff, who have determined that they meet all criteria set forth in Section 163.3184, Florida Statutes; and WHEREAS, on October 24, 2000, the Planning and Zoning Commission, the duly constituted Local Planning Agency for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Comprehensive Plan; and WHEREAS, the City has received public input and participation through public hearings before both the Local Planning Agency and the City Council, in accordance with Section 163.3181, Florida Statutes; and WHEREAS, the City Council determines that the adoption of the text and map amendments to the City's Comprehensive Plan is in the best interests of the residents and citizens of Palm Beach Gardens; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit A (as attached hereto and adopted by reference). Section 2. The City Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and other government agencies or departments in accordance with Section 163.3184(7) of the Florida Statutes and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any court'of competent jurisdiction 1 0 Date Prepared: April 18, 2001 Ordinance 33, 2000 to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. This ordinance shall become effective in accordance with Section 163.3189(2), Florida Statutes, which requires a twenty -one day appeal period after issuance of the Notice of Intent by the Florida Department of Community Affairs before becoming effective. PLACED ON FIRST READING THIS 5th DAY OF December , 2000. PLACED ON SECOND READING THIS 3th DAY OF May , 2001. PASSED AND ADOPTED THIS 3th DAY OF May , 2001. JOSEPH R. RUSSO, MAYOR • ATTEST: APPROVED AS TO LEGAL FORM CAROL GOLD, MMC, CITY CLERK AND SUFFICIENCY: BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO - VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:TalaUTxt- 00- 02- ord.33- transmittal -2 -2 • 2 • Date Prepared: April 18, 2001 Ordinance 33, 2000 EXHIBIT "A" CHANGES TO COMPREHENSIVE PLAN MAPS Modifications to the Conceptual Thoroughfare Plan, Map O consist of the following: Delete the north -south segment of Banyan Street extension north to Florida Blvd. extension; Delete east -west segment of Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Thoroughfare Plan Roads list: • Delete Banyan Street extension north to Florida Blvd. extension; • Delete Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Projected 2015 Traffic, LOS & Proposed Laneage, Map K: ■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Linkage Plan, Map I: • Delete the southern alignment of Hood Road extension to Prosperity Farms Road; and • Add the northern alignment of Hood Road. Incorporate the following maps to the Comprehensive Plan Map Series: • City Center Linkages, Existing and Planned Vehicular Traffic Connections (Map P) • City Center Linkages, Vehicular Traffic Connections (Map Q) • City Center Linkages, Pedestrian/Bicycle Connections (Map R) CHANGES TO MAPS OF COMPREHENSIVE PLAN SUPPORT DOCUMENTS Modifications to the Conceptual Linkages Plan, Map 1 -7: ■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road; and ■ Add the northern alignment of Hood Road. 3 • P__� Date Prepared: April 18, 2001 Ordinance 33, 2000 EXHIBIT "A" CONTINUED Modifications to the Projected 2015 Traffic, LOS & Proposed Laneage, Map 24: ■ Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Conceptual Thoroughfare Plan, Map 2 -5 consist of the following: Delete the north -south segment of Banyan Street extension north to Florida Blvd. extension; Delete east -west segment of Fairchild extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and Delete the southern alignment of Hood Road extension to Prosperity Farms Road. Modifications to the Proposed Thoroughfare Roads list, Table 2 -8: • Delete Banyan Street extension north to Florida Blvd. extension; • Delete Fairchild Gardens extension from Northcorp Parkway/RCA Blvd. to Campus Drive; and • Delete the southern alignment of Hood Road extension to Prosperity Farms Road. CHANGES TO TEXT AND MAPS Amendments to the Comprehensive Plan of the City of Palm Beach Gardens are depicted on the following pages in strife- tlfeugh and underline format. All maps have been revised/updated with best available data. 2 B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% 1:IGnl F1 Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% Min 2 F1 Max 60% Max 4 Fl Residential Low Min 0% Max 50% Max 2.5 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having atwo -story character containing some actual two-story space. n+ ,o^�* 7coi „f +I,e ry p l 11 1VLLJL -,/U V1 111V 11V1 VK31.1111�, LL1VLL Jl1K1L VV 4VJ1�,11LL1V,1 -1V1 yp(� ;A_ +' 1 ­ —A �1 ^11 I o 1^ + °a ^ ^ ^a +1 The City Council, acting upon 1V\Tl\AVlll1 LL1 -KJV KL1LL V11K11 VV 1VVKLVLL KVV, V 411V �aVKLItI 11VV3• a recommendation by the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision.. Residential High land in MXD projects shall have a maximum density of 15 units/acre as a bonus for consideration of planned, multi- faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. FUTURE LAND USE 6N9 1 -6 4:111 1 <,L!\llYlll, 111 nra:,, ., o �� 1 ()()Cl V.dinance !r / , ­1 C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% -in 2 Fl Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% l:Ifi:l 2 Fl Max 60% No Max Industrial Min 0% Max 60% 1 ♦1111 2 F. Max 60% Max 4 Fl Institutional Min 0% Max 50% Af L ♦1111 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% Min 2 Fl Max 60% No Max At least 51% of the.gross square footage of the Commercial use shall be contained in buildings having a two - story character containing some actual two -story space. The, City Council, acting upon a recommendation by the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. 4. The individual uses, buildings and/or developments pods within MXD developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi- ,modal accessibility. FUTURE LAND USE 611, ° 1 -7 uoo > ; :�cndm— : - // -1 l VLYllll{11VV � 0 6. The density/intensity of existing or future land uses immediately surrounding the parcel are compatible with non - residential uses. 7. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non - residential uses are determined to provide for greater horizontal integration of uses. 8. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% nii == 2 Fl Commercial Max 30% Max 4 Fl Residential High Min 20% Max 60% Residential Low Min 0% Max 60% Employment Center Min 2% Max 30% Special Definitions: Max 50% Alf- 2 F'. Max 4 Fl Max 50% Max 2.5 3 Fl Max 70% Max 4 Fl Neighborhood Commercial land shall be used for community- serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two -story character containing some actual two -story space. A+ least 2501 L LVMJF lr../ /V -Vl 11V µ114la1f, �LL Vk 1 VV 4VJ1 G114VV4 1V• �:ao� +;�� • ra ..h-" be 1 -cated above +1. ground floor. The City Council, acting upon reJ....,.�� ", us., ... J�..... V„ .... .. ......... . b..,....,. �..,.,.. r a recommendation by the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Residential High land in MXD projects shall have a maximum density of 15 units/acre as a bonus for consideration of planned, multi- faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, FUTURE LAND USE 5/ °° 1 -13 inn -; - end ::-::t ^rdiiw:�c- -)� 1 nn() U] El inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50 %- ::din 2 Fl Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% Min 2 Fl Max 60% No Max Industrial Min 0% Max 60% M;— 2 F: Max 60% Max 4 Fl Institutional Min 0% Max 50% Ml n 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% 11; Max 60% No Max At least 51% of the gross square footage of the Commercial use shall be contained in buildings having a two -story character containing some actual two -story space. The City Council, acting upon a recommendation by the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. 4. The individual uses, buildings and/or development within MXD developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi - modal accessibility. FUTURE LAND USE 619119 ffon 1 A n.cnd -cut 1 -14 D:ui:.::'.ce 27, 19nn Policy 1.1.5.7.: By the year 2000, the location of a district park shall be selected; acquisition negotiations shall be established with the property owner; recreational facilities shall be identified; and funding strategies shall be determined in conjunction with Palm Beach County. Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations will be notified that their use is nonconforming and will be required to come into compliance or be eliminated no later than 7 years from the date the use became nonconforming. The City Council may, on a case -by -case basis, exempt a non - conforming use only after a public hearing is held to consider its compatibility with surrounding properties. The City Council may require additional buffering, screening and modifications to bring the property more into compliance with the Comprehensive Plan and the Land Development Regulations. These uses will not be allowed to expand, and if damaged or destroyed by more than 50% of their value, will not be allowed to be reestablished. Nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or. restricted under the terms of the regulation or future amendment. However, if the. nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land -use is not exceeded and conformity the current Land Development Regulations will be required. Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the 2015 Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an interlocal agreement, the City, Palm Beach County and the City of West Palm Beach shall provide for a means of intergovernmental cooperation in implementing the recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The provisions of this interlocal agreement shall establish a procedure for heightened review of local land use change petitions and development permit applications. Objective 1.1.6.: The City's economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. FUTURE LAND USE 6, °° 1 -29 H11191 1. A.mendment an c c 2 7, 19191 _9 B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Neighborhood Min 2% Max 70% Min 2 P1 Commercial Max 30% Max 4 Fl Residential High Min 20% Max 50% 1.iii. 2 Fl Max 60% Max 4 Fl Residential Low Min 0% Max 50 %- Max 2.5 3 Fl Max 60% Employment Center Min 2% Max 70% Max 4 Fl Max 30% Special Definitions: Neighborhood Commercial land shall be used for community - serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two -story character containing some actual two -story space. At 1VKJ. 25X. of t le =let 1­­1A­_ ; �= ..1°Y _1��11 be de 1r b"teu _ .11.l �.d t 1 use and Gha» b0 to tc .,� cve *h- floor. The City Council, acting upon .�.�.a. ,.., ..Ll.. �..,.11,,.. �.,��„Y �,,., . ,, �..., &—.w-=d �1.,.,1. a recommendation by the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Residential High land in MXD projects shall have a maximum density of 15 units/acre as a bonus for consideration of planned, multi= faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. FUTURE LAND USE Support Doc 61O° 1 -26 41001 L1 ►l1VLYlLL\.4 t VLYL.1L11.VV VI, 1 /// • • C. General Mixed Use Future Land Use Category Intensity Measures for Non - Residential MXDs Land Use Land Allocation Lot Coverage Height Open Space Min 15% Commercial Min 0% Max 50% i:aiii 2171 Recreation Max 30% Max 4 Fl Commercial Min 0% Max 50% u:. 2 1 Max 60% No Max Industrial Min 0% Max 60% Min 2:R Max 60% Max 4 Fl Institutional Min 0% Max 50 % Min 2 Fl Max 60% Max 4 Fl Professional Office Min 2% Max 70% ::din 2-171 Max 60% No Max At least 51% of the gross square footage of the Commercial use shall be contained in buildings_ having a two -story character containing some actual two -story space. The City Council, acting upon a recommendation by the Local Plannine Ap-ency, retains the right to grant or deny waivers from the requirement of this provision. Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non - Residential MXD developments. The individual uses, buildings and/or developments pods within N= developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi -modal accessibility. FUTURE LAND USE Support Doc 6/99 1 -27 4400 1 A.: --A ::e :t nra,,.,.,,.e 27 191,11-3 • • • Policy 2.1.2.2.: Minimum right -of -way requirements for new roadways shall be: a) Arterial/Primary roadways - right -of -way and laneage based on County and State standard; b) City Collector roadways - 120' right -of -way; c) Neighborhood Collector roadways - 80' right -of -way d) Local roads - 60' right -of -way (swale drainage); and 50' right -of -way (curb and gutter). g) Parkways - 300 -400' right -of -way. Policy 2.1.2.3.: The City shall implement the Conceptual Thoroughfare Plan (Map O) to ensure that there is an adequate network of public streets (City Collectors, Neighborhood Collectors and Local Roads) to efficiently move traffic within the City and serve as a backup system to the County thoroughfare roads . Actual alignments for these public roadways will be established as part of the development review process. Policy 2.1.2.4.: The City shall modify its land development regulations to incorporate the minimum standards for Neighborhood Collector roadways to ensure that neighborhood collectors can remain two -lane roadways through build -out of the County. Actual alignments for these roadways will be established as part of the development review process. Policy 2.1.2.5.: Rights -of -way shall continue to be formally identified at the time of development approval and a priority schedule for acquisition or reservation established . Policy 2.1.2.6.: As a condition of plat approval, the City shall require mandatory dedications of rights -of -way, easements, or fees when the required ROW is not under the same ownership as the property being platted. Policy 2.1.2.73.: The City shall require that adequate roadway capacity, at the adopted level of service standards, is or will be available when needed in order to serve new development. Policy 2.1.2.8.: By 2000, the City shall complete a study to assess the need for impact fees to fund local (city) roadway capital improvements. Policy 2.1.2.9: The City shall continue to encourage the County, State and surrounding local jurisdictions to plan for a new Intracoastal Waterway (ICWW) crossing between PGA Boulevard and Donald Ross Road. Objective 2.13.4.: In accordance with section 163.3202, F.S., the City shall maintain its review by 1991, and revise where necessary, land development regulations for the provision of motorized and non - motorized transportation. TRANSPORTATION "8 C A R-B - -Sed A mendmen4c 2 -11 ilr`iinn nne A , 9OnQ • 0 Plan and Palm Beach County Five -Year Road Improvement Program in order to update or modify this element, if necessary. Policy 2.1.5.2.: The City shall review for compatibility with this element, the transportation plans and programs of the unincorporated County and neighboring municipalities as they are amended in the future. Policy 2.1.5.3.: The City shall coordinate with State and County traffic agencies to change the classification of Holly Drive on plans and models to that of a neighborhood collector. Objective 2.1.6.: To continue to plan for parkways, pedestrian and bicycle facilities. The City shall continue to plan for and provide transportation facilities to encourage various modes of transportation. The City shall also plan and provide for alternate routes to major arterials within the City Center area, which is bounded by RCA Blvd. to the south, Prosperity Farms Road to the east, Military Trail to the west, and Atlantic Avenue to the north. Accordingly, the City adopts and incorporates into the Conceptual ThorouLyhfare Plan map and the Future Land Use Map Series the City Center Linkages Plan (Maps P, Q, and R) for the City Center area to serve as alternate routes to PGA Blvd., Prosperity Farms Road, and Alt. A -1 -A, and other major thoroughfares within the City. The plan provides facilities for vehicles, pedestrians, as well as bicyclists within the right -of way. Policy 2.1.6.1.: The City shall require individual developments to dedicate the needed right - of -way during the site plan review process, be consistent with, and conform to the City Center Linkages Plan. However, the City Council may in its discretion accept a perpetual public access easement in lieu of dedication of right -of -way on tertiary and secondary roads (defined to be neighborhood collectors and local roads) only. This shall apply only to tertiary and secondary roads (neighborhood collectors and local roads) that are part of the City Center Linkages Plan. Roadway alignments, right -of -way, cross sections and construction of each link shall be consistent with the standards specified in the City's Land Development Regulations. However, Qranting of waivers may permit minor deviations from the plan and or roadway construction standards affecting such links. Such waivers are granted only by the City Council acting upon a recommendation from the Local Planning Agency. The City reserves the right to expand the laneage within the right -of -way and or the right -of -way itself, if so determined by the City, should the need arise in the future on roadways upon which the City is granted perpetual public access easements. Maintenance of such roadways, upon which the City is granted the mentioned easement, shall be the sole responsibility of the property owners /developers. TRANSPORTATION "8 EA Q. --sod Amondmcntc 2 -13 0rd;nnnno A 10nQ CITY OF PALM BEACH GARDENS CONCEPTUAL THOROUGHFARE PLAN ROADS 1. Burma Road extension to Northlake Boulevard Reliever. a e„+ 1.T nurv,y fDo n ncul °.,.,,.a t n. _, c D :. e. f.. V1111Y Vl1l V11J1 V11 L1 Vlll \V111lVVlt/ 1 11♦ M' /L�VI l YVM1V ♦i{LM V VK111tlN L 3. Alternate AIA bypass (west of Alt. AIA) from RCA Boulevard to north of PGA Boulevard, connecting Military Trail turnout. 4. Gardens Boulevard from Alternate AlA to Prosperity Farms Road. 5. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood Road/Alternate AIA. 6. uvvu Dcuu c� +° w D. , y °viat�r r'."""• 13-A 7. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms. 8. Alexander Run from Beeline Highway to future Donald Ross Road. 9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway. 10. Future 101 st Street from Seminole Pratt Whitney Road to Coconut Boulevard. 11. Shady Lakes extension to 117th Court North. 12. 117th Court North from Florida's Turnpike to Shady Lakes. 13. Hood Road protected as six -lane ultimate section (Turnpike east to Prosperity Farms Road). 14. Florida Boulevard from Lone Pine extension to Central Boulevard. 15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AIA to west of Central Boulevard and north to Donald Ross Road. 16. Elm Avenue extension to Hood Road. 17. Right -of -Way for I95 /Central Boulevard Interchange. 18. BallenIsles Drive extension north to 117th Court North extension. 19 a ,.,,.,,. Stroct c tc sio nort!i to Florid° TALBLE 2 -8 CITY OF PALM BEACH GARDENS PROPOSED THOROUGHFARE ROADS 1. Burma Road extension to Northlake Boulevard Reliever. 7. Fn:r`��'iiu °vn + °�'.aivai uvaia Dn-1 ...../D va i Bouivv :rd to 'C=npus Tl-4 - Fairchild avaa a.va uavvar a aaa ate.._j'a� Laa.v 3. Alternate AlA bypass (west of Alt. AlA) from RCA Boulevard to north of PGA Boulevard, connecting Military Trail turnout. 4. Gardens Boulevard from Alternate AlA to Prosperity Farms Road. 5. Flamingo Road from Prosperity Farms Road (Frenchman's Landing) to Hood Road/Alternate AlA. v. :'Iced Roared =tvusi ; n to Prospc. a . i- W IF= Road. ) . 7. Donald Ross Road extension from 69th Drive to Alexander Run/Jupiter Farms. 8. Alexander Run from Beeline Highway to future Donald Ross Road. 9. Coconut Boulevard extension from Northlake Boulevard to Beeline Highway. 10. Future 101st Street from Seminole Pratt Whitney Road to Coconut Boulevard. 11. Shady Lakes extension to 117th Court North. 12. 117th Court North from Florida's Turnpike to Shady Lakes. 13. Hood Road protected as six -lane ultimate section (Turnpike east to Prosperity Farms Road). 14. Florida Boulevard from Lone Pine extension to Central Boulevard. 15. New facility midpoint of Donald Ross Road and Hood Road from Alternate AlA to west of Central Boulevard and north to Donald Ross Road. 16. Elm Avenue extension to Hood Road. 17. Right -of -Way for I95 /Central Boulevard Interchange. 18. BallenIsles Drive extension north to 117th Court North extension. In .. pre„ a north tc Florida c.le.ar eXtea n- TRASPORTATION 6/98 2 -18 R n D Dnnoa A—_-- a.,,o., +s to fulfill the city's legal commitment to provide facilities and services, or to preserve or achieve full use of existing facilities or to eliminate existing capacity deficits; 2) Whether the project increases efficiency of use of existing facilities, prevents or reduces future improvement cost, provides service to developed areas lacking full service, or promotes infill development; and 3) Whether the project represents a logical extension of facilities and services. 4) Whether the project is consistent with the location needs based on the projected growth patterns, the accommodation of new development and redevelopment facility needs, and the plans of state agencies and South Florida Water Management District (SFWMD) that provide public facilities within the City's jurisdiction. 5) Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs. rural characteristics and service provision. Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements necessitated by the development in order to maintain adopted LOS standards. Policy 9.1.2.1.: The City shall continue to collect a countywide transportation impact fee to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development and shall consider adopting a city road impact fee for neighborhood collectors and local roads of City responsibility. The roadways within the City's Center Linkages Plan shall be constructed and financed by individual landowners whose developments will have a direct benefit by having access onto these roadways. The timing and construction of the Linkages Plan roadways are to coincide with the development of individual sites. The development approval for the affected parcels will be conditioned on the construction of the roadways coinciding with the development of these parcels. Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees in lieu of as a condition of development approval for the provision of recreation and open space. Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the following capital facilities needed to support new growth: 1) Park and recreation sites and facilities; and 2) Law enforcement and emergency services. 3) CAPITAL IMPROVEMENTS 6/98 9 -2 a7uR n.^aocd a:ii.. nd cnl--v viuia - •• -�••• 1 ii[]Q I 0 INTERGOVERNMENTAL COORDINATION ELEMENT Goals, Objectives and Policies GOAL 8.1.:: ESTABLISH EFFECTIVE COORDINATION MEASURES AMONG ALL PERTINENT PUBLIC AND QUASI- PUBLIC ENTITIES SO TO BEST MAINTAIN PALM BEACH GARDENS' QUALITY OF LIFE AND EFFICIENT USE OF RESOURCES. Objective 8.1.1.: The City shall continue to maintain formal, specific means of coordination with adjacent municipalities, the county, state, and federal agencies who have permitting and regulating authority, and quasi - public entities which provide services but lack regulatory authority in Palm Beach Gardens. Policy 8.1.1.1.: The City shall encourage the implementation of the Conceptual Master Plan for the U. S. 1 Corridor in Northern Palm Beach County known as the "seven- cities plan." Potential developments along U. S. 1 within the City's jurisdiction will be encouraged to conform with said plan. The City shall also provide support and assistance to nearby jurisdictions in obtaining funding for the implementation of the plan from regional, state, and federal agencies. Policy 8.1.14.2: The City, through its involvement with Seacoast Utility Authority and in conjunction with the City Engineer, shall review all plans for water and sewage systems when these improvements are to be maintained by the city after construction. Policy 8.1.1.2.3: The City shall notify Palm Beach County and surrounding municipalities in writing (prior to the application being considered by the City Planning and Zoning Commission) of all development applications received by the City requiring a Development Review Committee meeting. Policy 8.1.13.4: Palm Beach Gardens shall request that the state regulatory agencies create liaisons with the City. For example, the SFWMD recently implemented a program which has assisted liaison within the county. Policy 8.1.1.5: Through the City Council, the City Manager shall be responsible for ensuring an effective intergovernmental coordination program for Palm Beach Gardens. Policy 8.1.1.3.6: The City shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi - Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. INTERGOVERNMENTAL COORDINATION 8 -1 61[10 4100 1 n...o„(1. ent n,A; ------ )7 _1000 I • 3 'V • C 4 0 n 20 1O m a r. o z r u U-j � |� 2 CD. \ � k� Q k E o O ■ ■ « ©� d �e w Aa&.� - - - -- f 1 @° | Egg's !| • • • a i � !H� _ n m 0 x .n M] a M'ad 0 o o CD :3 o C N_ CA a i • • • i P � 1 I' I . / � air•. r�l I now. I D v O --1 m v • • D v O m v • I]l n v o v m v • • �' NOR ' ■II� ■1'll'II'III��� �""III'� - r I'I ff I I- I I jp �� rte' •rte 11 � I ... fili, lu � �� C��I,����i����I ►�'' ilnunuu►��� ••���illll� - ■�nniu�� v - -- � -..� -- ■IWRfilll 11.1. ►�I�,.���r� � ��o��« �� i�- ■����i� I ill �� 1 ��. ILIIII;Itt• �li��� / Unun■u■ � � sb� n 11 ■Ili/ D O O m v • • r d tl �. it f' G' � z _ � I / i WAUM n �� � 111111 IIIII m v o Q II • � o I y� O - 0 0 N S N m i f: {I � V 0. • • � �� � I Iilll 111111 �� � -�a I iil � iii ilii ---- �� � 1 III I lilliiii� ip E. so a ul y • 1111!!! N x H �r Ir O S� Yy � g n OF #- FIT. 0 4 44�® ■iir . A a � rim txx� �-i H 10 � �o o a III II ���B�glllll• � s ►-i a'I � co I p I � I �9 n O8 s� e I III 8 11- I p-1 i 1 J 4. �II - lF f. �I a A � I II II� III III SarMndsPrattWh Road Lull I b O O N r u Y Z (9 O �T •tT z 4 s A 0 3 R in at N.— - -- dllllllllllll � m N m a Z � v • y y • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH STEVEN M. SEIBERT Governor Secretary February 22, 2001 The Honorable Joseph R. Russo Mayor, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear Mayor Russo: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Palm Beach Gardens (DCA No. 01 -1), which was received on December 20, 2000. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for. their review, and their comments are enclosed. I am enclosing the Department's Objections, Recommendations and Comments (ORC) Report, issued pursuant to Rule 9J- 11.010, Florida Administrative Code "(F.A.C.). The issues identified in this ORC Report pertain to the Constrained Roadway At Lower Level of Service designation on PGA Boulevard. It is very important that the adopted plan amendment address these issues, and all of the objections in the Department's ORC Report. Upon receipt of this letter, the City of Palm Beach Gardens has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J- 11.011, F.A.C. The City must ensure that all ordinances adopting comprehensive plan amendments are consistent with the provisions of Section 163.3189(2)(a), F.S. Within ten working days of the date of adoption, the City of Palm Beach Gardens must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; V 3 A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which we 3 lot iniiid� tt ordinance; and FJ% Nxl 2555 SHUMARD OAK BOULEVARD •TALLAHASSEE, FLO ,BA 32 210 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/S�u�om 291.078 Internet address: http: / /www.dca.state.fl.us ' CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & ZS UNITY DEVELOPMENT 2796 Overseas Highway. Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard --f— C. 11 -1177 T.11A.— FI 17i09.71n0 Tallahaavw. Ft 121V47101 Tallah.— FI 17TQ0.71nn • The Honorable Joseph R. Russo February 22, 2001 Page Two A statement indicating the relationship of the additional changes to the Department's ORC Report. The above amendment and documentation are required for the Depaaanent to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J- 11.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact Valerie M. James, Planner II, or Bernard O. Piawah, Planning Manger, at (850) 487 -4545 if we can be of assistance as you formulate your response to this Report. • Sincerely yours, .� , 6 r) �,-, Charles Gauthier, AICP Chief, Bureau of Local Planning . CG /vmj Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Mr. Steven B. Cramer, AICP, Growth Management Director, City of Palm Beach Gardens Mr. Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council • • DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS THE CITY OF PALM BEACH GARDENS Amendment 01 -1 February 22, 2001 Division of Community Planning Bureau of Local Planning 144 • INTRODUCTION The following objections, recommendations and comments are based upon the . Department's review of the City of Palm. Beach Gardens's proposed 01 -1 amendment .to its comprehensive plan pursuant to Section 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J -5, Florida Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The local government should address each of these objections when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non - applicability pursuant to Rule 9J- 5.002(2), F.A.C., must be submitted. The Department will make a determination on the non - applicability of the requirement, and if the justification is sufficient, the objection will be considered addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form bases of a determination of non - compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under.the "Objections" heading in this report: • �f OBJECTIONS, RECOMMENDATIONS, AND COMMENTS PROPOSED COMPREHENSIVE PLAN AMENDMENT 01 -1 CITY OF PALM BEACH GARDENS AMENDMENT 01 -1 I. CONSISTENCY WITH CHAPTERS 163,F.S., AND RULE 9J -5, F.A.C. The City of Palm Beach Gardens has submitted a proposed comprehensive plan amendment for review by the Department. The amendment package consists of several text changes to the Future Land Use Element, Intergovernmental Coordination Element, Capital Improvements Element, and Transportation Element. The Department has the following objection to one of the proposed amendments: Transportation Element: Proposed Amendment for PGA Boulevard's CRALLS Objection. The City is proposing to designate several segments of PGA Boulevard as CRALLS. These segments are identical to those included in Palm Beach County's Amendment 00 -2. Based on the data and analysis provided by the City and supplemented by the County's data and analysis regarding the same CRALLS designation the Department objects to the amendment, because the data and analysis indicate that the CRALLS designation will (1) lower the level of service standard established by the. Florida Department of Transportation (FDOT) for I -95; (2)•adversely impact the ramp queue on I -95; and (3) create significant queuing on the north leg of the Turnpike and the PGA Boulevard (i.e., Turnpike exit). While these impacts are shown by the data and analysis, we believe that the data and analysis was limited and did not include full transportation analysis to determine if there are other impacts to I -95. It appears that the CRALLS designation is not based on the maximum densities and intensities allowed by the affected land use categories, but on a limited amount of density and intensity set out in a Forbearance Agreement. The objectives and policies have not been revised to incorporate into the comprehensive plan the limited density and intensity that the data and analysis has been based upon. Similarly, the City's proposed CRALLS designation for PGA Boulevard is not supported by adequate data and analysis demonstrating how the impact of the CRALLS designation on I -95 and the Turnpike will be mitigated. Although the City's proposed Objective 2.1.6 and the associated Policy 2.1.6.1, regarding a linkage plan will provide facilities for vehicles, pedestrians and bicyclists within rights - of -way, and will help improve mobility in the central area of the City, it will not address the impact of the CRALLS designation on I -95 and the Turnpike. In addition, the linkage plan should be properly incorporated into the comprehensive plan by reference. {Chapter 163.3180(10); Rules 9J- 5.0055(1)(a), (3)(c)2.; 9J- 5.019(3)(b),(d),(f),(h) &(j); and 9J- 5.14(4)(c)1.,11.,F.A.C] Recommendation: It is recommended that: (1) the City should conduct an analysis in coordination with FDOT to determine the full impact of the CRALLS designation on 1 -95 and the Turnpike. (2) based on these analysis, the City should appropriately revise objectives and polices to address the impacts; (3) revise proposed Objective 2.1.6, and the associated Policy 2.1.6.1 to properly incorporate by title or, volume and date the linkage plan as well as the associated Map Q into the comprehensive plan (the City could also adopt Map Q as part of the Future Land Use Map series); and (4) alternatively, the City should not adopt the proposed changes to the comprehensive plan relating to the CRALLS designation on PGA Boulevard. Since the purpose of the CRALLS designation on PGA Boulevard is to enable the development of the properties involved in the Forbearance Agreement.of April 14, 1999, the City should incorporate the Forbearance Agreement into the comprehensive plan, and, in addition, specify the maximum density and intensity of development that will occur on each property. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN The Department's staff has identified inconsistencies of the proposed amendment with the State Comprehensive Plan, Chapter 187, F.S.: (16) Land Use and Polices (b) 1., & 6., regarding promotion of state programs, investments, and development and redevelopment activities which encourage efficient development and to occur in areas which will have the capacity to service new population and commerce; and considering the impact of land use on water quality and quantity, the availability of public and natural resources to meet demands, and the potential of flooding. (20) Transportation Goal and Policies (b) 9. & 15., regarding ensuring easy mobility and promotion of effective coordination among various modes of transportation in urban areas to assist urban development and redevelopment efforts. Recommendation: Revise the proposed amendment to be consistent with the above referenced goals and polices of the State Comprehensive Plan, as recommended elsewhere in this report. • . RESPONSE TO ORC REPORT The Florida Department of Community Affairs (DCA) issued its ORC Report on February 22, 2001 for the City's proposed comprehensive plan amendments. DCA raised one objection to the proposed amendments to the City's Comprehensive Plan and exclusively dealt with the proposed CRALLS designation for PGA Blvd. and the incorporation of the City Center Linkages Plan into the comprehensive plan. The City of Palm Beach Gardens need not respond to the components of the objection directed to the CRALLS, since the City has decided not to adopt the CRALLS amendment at this time. However, the City will respond to the portion of the objection dealt with the incorporation and referencing of the City Center Linkages Plan into the City's Comprehensive Plan. The following is the component of the objection directed to the referencing of the Linkages Plan followed by the City's response to the objection. Objection... "in addition, the linkage plan should be properly incorporated into the comprehensive plan by reference." Response: DCA raised a concern regarding how the City Center Linkages Plan was referenced in the proposed text of Objective 2.1.6 to the Comprehensive Plan. The concern was that the plan might be self- amending without the initiation of a comprehensive plan amendment. Staff has contacted DCA and explained that this was not the case, since the language incorporating the Linkages Plan into the comprehensive plan clearly states that the three Linkages Plan maps are part of the City's Conceptual Thoroughfare Plan Map, which is the City's official Transportation Map (Map O). In addition, the adoption ordinance clearly states that the three maps of the Linkages Plan are now part of the comprehensive plan map series. Therefore, no modifications can be made to the Linkages Plan without the initiation of a comprehensive plan amendment authorized and approved by the City Council. Objective 2.1.6 incorporates the Linkages Plan into the comprehensive plan and properly titles the plan as reflected on all three- plan maps. All three maps of the plan, including Map Q, are referenced in the adoption ordinance, Exhibit A, and are properly dated and titled. 0 G:Talal /Orc- resp -00 -02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 24, 2001 Subject/Agenda Item: Public Hearing and Second Reading of Ordinance 10, 2001, regarding the rezoning of approximately 75 acres of land from PDA — Planned Development Area to PCD — Planned Community District and the corresponding master plan approval for the Legacy Place development located southeast of PGA Boulevard and Alternate A1A. Recommendation /Motion: Motion to adopt Ordinance 10, 2001, on Second Reading. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorney Planning Division [ ] Approved Finance ! $ NIA [ ] Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: April 12 & 28, 2001 [ ] Operating Attachments: Paper: Palm Beach Post [ ] Not Required [ ] Other 1. Ordinance 10, 2001 Submitted by: d/ Growth Mgt. Director Affected parties [ X ] Notified Budget Acct. #: [ ] None b F an ger (] Not required BACKGROUND: The Legacy Place Project is located on a 75 acre site, southeast of the intersection of PGA Boulevard and Alternate AIA. The future land -use designation for the entire site in the Comprehensive Plan is Mixed Use (MXD). The applicant is seeking a rezoning as part of this application from Planned Development Area (PDA) to Planned Community District (PCD). The development program for the 49 -acre commercial portion of Legacy Place consists of: t Retail 399,000 square feet Professional Office 69,000 square feet Total Commercial 468,000 square feet The Commercial Parcel will have a significant number of 2 -story buildings and one 3 -story structure. Some of the 2 and 3 story facades are for architectural purposes and will not contain actual floor space. There is a separate site plan application for the commercial parcels. The Residential Parcel (south) is approximately 26 acres in size and is currently proposed for 384 apartment units with a density of 15 units per acre. There is a separate site plan application for the residential parcel. Issues Mixed Use Density Bonus Under normal circumstances, the residential parcel in the PCD would be limited to 12 units per acre. The developer is requesting a density bonus for the residential parcel to increase the density to 15 units /acre. Policy 1.1.1.3 of the City's Comprehensive Plan indicates, in part, "Residential High land in MXD projects shall have a maximum density of 15 units /acre as a bonus for consideration of planned, multi- faceted development." The same Policy also grants the City Council the power to waive the "mandatory residential requirement for any MXD" that meets the stated criteria. This Comprehensive Plan policy is consistent with Section 91(f) (Table 18) of the City's Land Development Regulations. Within the subject table, Note #3 states, in part, "Residential High parcels shall have a maximum density of 15 units per acre as a bonus for implementation of planned, and vertically and horizontally integrated development." Section 91 of the City's LDR also provides the criteria for City Council to grant a waiver from the mandatory residential requirement for MXD projects. In March 1999, the applicant made a request to the City to waive the "mandatory residential requirement" for MXD projects. At its April 8, 1999, meeting, the City Council granted the residential waiver for the Legacy Place MXD PCD with the knowledge that there would be a residential component. The applicant felt that this was consistent with Policy 1.1.1.3 of the City's Comprehensive Plan and Section 91 of the City's Land Development Regulations, as the commercial and residential site plans have been prepared to provide horizontal integration in a multi - faceted development. Policy 1.1.1.3 lists the criteria for a density bonus as the "consideration of planned, multi- faceted development." With the planned residential, office and commercial development plan, the applicant felt they have met the Comprehensive Plan standard for the density bonus within a 2 0 Mixed Use development. The criterion for the density bonus, as expressed in Section 91 of the LDR, is the "implementation of planned, and vertically and horizontally integrated development." The applicant has worked with staff to provide an integrated environment for a successful mixed -use project in compliance with Section 91. Office and commercial uses are vertically integrated and the residential development is immediately adjacent with three points of pedestrian connection. The proposed residential component is within easy walking distance of the Legacy Place commercial /office component, as well as the North County Governmental Center, North County Library, the Eissey Theater, the Eissey Campus of Palm Beach Community College, the NorthCorp Business Park and a number of other employment opportunities. All of these nearby business, entertainment, and governmental activity nodes are part of the mixed -use City Center context in which Legacy Place is located. In addition, the office, commercial and residential developments of the Legacy Place PCD have numerous unifying elements. They include consistent architecture, building materials, colors and building scale (buildings are kept to a human scale maximum of three stories). Other unifying elements include streetscape landscaping, specialty lighting and paver, site furniture and fountains. Existing oak trees will be relocated throughout the project. The proximity of the commercial, office and residential uses also provides for the potential of cross parking utilization. Moreover, the three component uses within the PCD share an interconnected drainage system utilizing lakes and water features throughout the development. In addition to its consistency with the Comprehensive Plan and the LDRs, the applicant also believes that the density bonus is consistent with good urban planning. Providing residential units within the City's identified City Center is desirable in order to create an active and vibrant urban environment. This fact is echoed by Jane Jacobs in her seminal work, The Death and Life of Great American Cities, when she states, "If the object is vital city life, the dwelling densities should go as high as they need to go to stimulate the maximum potential diversity in a district." This principle is further articulated by Roberta Brandes Gratz and Norman Mintz, who, in their 1998 book, Cities Back from the Edge, New Life for Downtown, state, "High -rise or even low -rise density is not, by definition, bad and, in fact, it is the only thing that makes feasible a cost - effective and efficient urban infrastructure. Cities must have sufficient density to function well." Staff has considered the detailed justifications proffered by the applicant and finds that, in this unique case on a key site located in the City's Center, the mixed -use density bonus should be granted Legacy Drive 0 Staff has developed and is now recommending a revised four -lane corridor design alternative which 3 is shown in Exhibit 1 attached. The modified design includes a 6 -foot wall on the east side and an 8 -foot sidewalk/bikepath combination on the west side. The primary changes since the prior design include the removal of the 2 "in- road" bike lanes and reduction in the wall height from 8 to 6 feet. The revised alternative provides a 7- foot -wide landscape buffer in front of the east side wall, and a 3 -foot drainage swale behind the wall. This design would also extend to the future 4 -lane section planned for Fairchild Gardens Drive segment up to PGA Boulevard. Staff does not recommend the proposed 2 -lane Legacy Drive cross - section shown on the current version of the Master Plan, but does recommend a 4 -1ane Legacy Drive cross - section with a 6-foot- high wall on the east side. Internal Bicycle Facilities The PCD Master Plan as well as the individual project site plans do not adequately address bicycle facilities within the site pursuant to the City's Linkage Plan, in staff s professional opinion. The Master Thoroughfare Plan should be modified to add bikeways throughout the development. Special attention should be given to providing safe bicycle access along the East -West Connector. Staff has added a Development Order condition to address this issue. 0 Requested Waivers The applicant is requesting the following Master Plan waivers from current Land Development Code (LDC) requirements: 1.) Waiver to provide reduced right -of -way width for the Legacy Drive corridor; less than the standard City Code and Linkage Plan requirement of 80' for a secondary roadway. Justification: Applicant feels that Legacy Drive requirement was adopted well after initial PCD submittal in 1999. Thus, it was an extra requirement not planned for and applicant has made extraordinary effort to accommodate this new requirement within a relatively intensive, urban project. The 4 -lane Legacy Drive cross - section will meet the overall capacity, pedestrian and bikeway intent of the Linkage Plan. Due to the unique circumstances of this project, staff agrees with this reasoning provided staff recommended cross - section is adopted. 2.) Waiver to provide sidewalks on only one side (west) of the Legacy Drive corridor; sidewalks on both sides are required by Code. • a Justification: Stafffeels this waiver is acceptable since the east side sidewalk will not serve to enhance the area pedestrian network and the subject land area is necessary for Legacy Drive landscape buffer. 3.) Waiver for reduced tertiary road width to minimum of 30 feet for the East -West Connector Road, including the Northern Extension; less than the standard City Code and Linkage Plan requirement of 50 feet for a tertiary roadway. Justification: Applicant feels that the overall intent of the East -West Connector requirement is being met, while preserving the necessary local "urban -style entry drive ",function of this roadway to the commercial project. Staff indicates that this road will not function as a "tertiary road" under the Linkage Plan, but that the 4 -lane expansion of the Fairchild Gardens Drive/Legacy Drive corridor will serve to offset some of the east -west capacity loss which will occur with the proposed Connector design. Due to the unique circumstances of this application, staff accepts this waiver only if the applicant provides bicycle facilities along these roads in future amended plans to be submitted. 4.) Waiver to allow East -West Connector and Northern Extension to be dedicated as a "public access easement"; LDC requires roads to be designated as public rights -of -way. Justification: Stafffeels that in this unique circumstance where the function of the subject roadway will not be that of a tertiary road, the public easement dedication will be acceptable and not significantly impact the public access function and maintenance of the road. 5.) Waiver to not provide bikeway on east side of Legacy Drive. Justification: Staff supports this waiver and feels that a bikeway is not needed on the east side due to the unique right -of -way constraints of this project. A bikeway will not serve to enhance the area bicycle network because there is no connection point on the north end of Legacy Drive, and the subject land area is necessary for Legacy Drive landscape /wall buffer. 6.) Waiver to permit the PCD east buffer along future Legacy Drive at a width ranging from eight feet (south end) to 11 feet (most of the corridor); Less than required by City Code, which mandates a 15 foot buffer. [Code Section 160(a)] Justification: The latest staff cross- section alternative for Legacy Drive shows a reduced east buffer. In order to provide other important features of the corridor, such as a median and bikeway, the reduced buffer width is necessary and thus acceptable to staff. • 7.) Waiver to reduce the minimum processing time between the Planning and Zoning Commission and first consideration by the City Council to nine days. [City Code requires a minimum of 23 days.] Note. This waiver has been previously granted by the City Council. Recommendation The Planning and Zoning Commission voted 7 -0 on April 10, 2001, to approve the staff recommendation Staff recommends approval of Petition PCD -9 -02, with the conditions listed in the attached ordinance, and approval of the requested waivers. Previous Action On April 20, 2001, the City Council voted 5 -0 to pass Ordinance 10, 2001, on first reading. • g: \sc \txt \legfacypcdcc • 6 April 25, 2001 0 ORDINANCE 10, 2001 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING APPROXIMATELY 74.2 ACRES OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS DESCRIBED HEREIN; AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP; APPROVING A MASTER PLAN OF DEVELOPMENT FOR THE LEGACY PLACE PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING - FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received Petition PCD -99 -02 from PGA Gateway, Ltd. for the rezoning of approximately 74.2 acres of land located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" attached hereto, from PDA — Planned Development Area to PCD — Planned Community District; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City's Comprehensive Plan, which designates the subject property as Mixed Use; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on April 10, 2001; and WHEREAS, the City Council has granted a waiver from the City's land development regulations to reduce the minimum 23 -day review period between the recommendation from the Planning and Zoning Commission and the first consideration by the City Council; and WHEREAS, the Growth Management Department has recommended approval of this application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of a parcel of land described in Exhibit "A," which is attached hereto and made a part hereof, from PDA — Planned Development Area to a PCD — Planned Community District and the corresponding master plan of development known as Legacy Ordinance 10, 2001 April 25, 2001 Place, as described below. Section 2. Said Planned Community District is approved subject to the following conditions, which are the obligation of the applicant and its successors and /or assigns: Land Use 1.) The following shall be the only permitted uses allowed on the commercial parcels (Parcels A, B and C) of the Legacy Place PCD: Permitted Uses: Antique shop; appliance and /or electronics stores; art gallery and /or museum; arts, fabric, hobby and /or craft shops; bank/financial institutions (no drive thru); bakery, barber /beauty shops; bicycle sales; bookstore; bridal /formalwear store; camera and photography sales and service; candy, nuts and confectionary sales; card and party store; catering service; clothing and accessory store; comedy entertainment club; data processing service; department store (specialty or full line); drug store (specialty only with no drive - thru); dry cleaning; electronic repair; emergency health care; floor covering sales; floral or florist shop; furniture store; gift and card shop; grocery store (gourmet, natural foods or specialty only, not exceeding 40,000 square feet in floor area); hardware store (specialty only); interior design including sales; health and fitness club or day spa; houseware sales; jewelry store; leather goods and luggage stores; mail and packing store; marine equipment sales excluding boats and personal water craft; medical or dental offices or clinics; music and musical instrument sales; news and magazine sales (family oriented); office equipment sales; optical, optician or optometrist offices; photocopying store; personal services; picture framing; pet shop; pottery shop; private club or lodge; professional and business offices; public park; restaurants (no drive thru); shoe store; sporting goods; soft goods stores; studio (instructional or professional); tailoring shop; telecommunication equipment sales (for personal use only); travel agency; tobacco shop; toy store; video games and entertainment stores; video rental and sales (no pornographic material); minor utilities and accessory uses; similar uses normally occurring in "Lifestyle and Festival Centers;" and similar general retail uses. Such similar uses are subject to the approval of the Growth Management Director prior to licensing and occupancy. [Growth Management] 2.) Conditional uses, excluding any conditional uses shown as permitted in Condition 1 above, listed in the City's General Commercial District (CG1) may be allowed within Parcels A, B and C provided any such use is approved by the Planning and Zoning Board and City Council (maximum one meeting each) following DRC review Ordinance 10, 2001 2 April 25, 2001 and according to the applicable criteria contained in the Palm Beach Gardens Land Development Code, as amended. [Growth Management] 3.) Within the residential parcel (Parcel D) of the Legacy Place PCD, the maximum density shall be 15 dwelling units per acre. Permitted uses include residential, recreation, and associated utility uses. [Growth Management] 4.) Any conversions of uses between major use categories (residential, office, retail) involving more than five (5) percent of the total approved commercial /retail square footage shall be processed as a PCD amendment in which the applicant shall submit a Traffic Analysis for the City's review and approval. [Growth Management] Transportation 5.) Pursuant to Palm Beach County's Concurrency Certification for Legacy Place and City Traffic Concurrency requirements, the City will not issue any building permits for the project which will generate traffic in excess of the trip thresholds established below unless the following roadway conditions are met: . a. Prosperity Farms Road —Lone Pine to PGA Boulevard: No more than 3,575 daily external nonresidential trips until the widening of Prosperity Farms Road to four (4) lanes from PGA Boulevard to Lone Pine has commenced (89,570 square feet of retail or mix of nonresidential users thereof which does not exceed 3,575 daily nonresidential trips). [County] b. PGA Boulevard and Fairchild Gardens intersection: No more than 9,210 daily external nonresidential trips until construction for a second northbound left turn lane has commenced (302,300 square feet of retail, 100,000 square feet of office, or mix of nonresidential uses thereof which does not exceed 9,210 daily external nonresidential trips). [County] C. PGA Boulevard Victoria Gardens to Fairchild Gardens: No more than 10,283 daily external project trips until a fourth lane is added in the westbound direction, with appropriate distance through the Fairchild Gardens intersection (242,120 square feet of retail, 100,000 square feet of office and 384 multi - family units or mix thereof which does not exceed 10,283 daily external project trips). [County /Engineering] d. PGA Fly -Over: No more than 9,127 daily external nonresidential trips until the contract for the PGA fly -over project has been let (291,280 square feet of retail, 122,400 square feet of office or mix of nonresidential uses thereof Ordinance 10, 2001 3 Apri125, 2001 0 which does not exceed 9,127 daily external nonresidential trips). [County] e. Alternate A1A —PGA Boulevard to Hood Road: No more than 5,240 daily external nonresidential trips until the widening Al from PGA Boulevard to Hood Road has commenced (162,650 square feet of retail or mix of residential and nonresidential uses thereof which does not exceed 5,240 daily external trips). [County] The applicant shall submit a trip generation progress report prior to the issuance of each building permit showing the current and projected number of daily trips to be generated and how they compare to the above trip thresholds. In order to approve any building permit which would generate trips in excess of a threshold established above, a letter certifying satisfaction of the applicable condition from the County Engineer must be received by the City and approved by the City's Engineer. [Engineering] 6.) Prior to the issuance of the first certificate of occupancy, the applicant shall construct the east -west linkage road to a point of substantial completion. Substantial completion shall be defined as completing the first lift of asphalt, and all drainage and pedestrian features. [Engineering] 7.) Prior to the final certificate of occupancy, the applicant shall complete the construction of the east -west linkage road, including its northern extension, to the satisfaction of the City Engineer. [Engineering] 8.) Prior to the issuance of the first certificate of occupancy for non - residential development, the applicant shall construct the required westbound right turn lanes from RCA Boulevard to Legacy Drive and from RCA Boulevard to Alternate Al to the satisfaction of Palm Beach County. The applicant shall submit a letter from Palm Beach County verifying the completion of these improvements. [Engineering] 9.) Prior to the issuance of the first certificate of occupancy, the applicant shall complete the construction of the four -lane cross - section of Legacy Drive, including the west pedestrian bikeway and northbound left -turn lane at the Fairchild Gardens Avenue intersection, to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, pedestrian facilities, privacy wall and drainage structures). This cross - section shall include a left -turn lane at the residential project entrance. Exhibit B shows the approved cross - section for the construction of Legacy Drive and associated buffer areas. [Engineering] 10.) Prior to the issuance of the first certificate of occupancy, the applicant shall Ordinance 10, 2001 4 M April 25, 2001 complete the construction of a four -lane cross - section similar to the design of Legacy Drive and the west pedestrian bikeway, for Fairchild Gardens Avenue, between the proposed Legacy Drive and PGA Boulevard, to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, bike and pedestrian facilities, and drainage structures). [Engineering] 11.) Prior to the issuance of the final certificate of occupancy for commercial development, the applicant shall provide a Public Access Easement along the entire alignment of the east -west linkage road, including its northern extension. The applicant shall be responsible for the maintenance of the public improvements within this easement. [Engineering] 12.) . The applicant shall submit for review and approval by the City, the language for the dedication of the Legacy Drive right -of -way. The dedication of the right -of -way (complete with all of the required public improvements) and the recordation of the dedication documents in the official records of Palm Beach County shall occur prior to the issuance of the first certification of occupancy and following completion and acceptance of the City of the applicable roadways. [Engineering] 13.) Prior to the issuance of the first building permit, the applicant shall provide written correspondence from the Florida Department of Transportation that verifies the permitting and construction obligations of the FDOT for the two additional entrances to the project (one on PGA Boulevard and one on the loop road). [Engineering] 14.) The applicant shall provide a northbound left turn lane at the main entrance to the commercial portion of the project (i.e., at the intersection of Legacy Drive and Fairchild Gardens Avenue). [Engineering] 15.) The applicant will work with the Palm Beach County Transit Agency (PalmTran) to locate the appropriate number of bus stops to provide "urban level" service to this development and construct attractive shelters and bus pull -out lanes (where necessary) at each stop prior to the first certificate of occupancy. A letter from PalmTran documenting the adequacy of transit service to the PCD site will be required to satisfy this condition. [Growth Management] 16.) Prior to the first building permit, the applicant will submit a revised Master Thoroughfare Plan for City staff review and approval showing an 8 -foot, grade - separated bikeway /sidewalk along the East -West Connector Road and the Northern Extension, an 8 -foot grade- separated bikeway /sidewalk along the east side of Alternate A1A between RCA Boulevard and the project entrance on Al A, and a 8- foot grade - separated bikeway /sidewalk from the East -West Connector at the Ordinance 10, 2001 5 Apri125, 2001 0 residential project intersection north into the main commercial center. 17.) Initially the Legacy Drive /Fairchild Gardens intersection will operate as a two -way stop intersection with the north -south direction having the thru - traffic condition. The applicant shall conduct a signal warrant study within 120 days of the first commercial certificate of occupancy for review and approval by the City's Engineer. If a signal installation is warranted, the applicant shall install such improvements, at no charge to the City, per the requirements of the City Engineer. Stormwater Management 18.) No construction of any portion of the surface water management system shall be undertaken without first submitting to the City: plans, specifications and supporting computations for review and approval by the City. [Engineering] 19.) No construction /land alteration shall occur until an environmental resource permit for construction and operation of the water management system, or portions thereof, are issued by SFWMD and approved by the City. [Engineering] 0 20.) The applicant shall provide to the City copies of all correspondence to and from SFWMD regarding any permitting issues. [Engineering] 21.) The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to if required, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submittal of a Notice of Intent to the EPA or their designee and the City, implementation of the approved plan, inspection and maintenance of controls during construction, and submittal of a Notice of Termination to the EPA or their designee and the City. [Engineering] 22.) All areas designated for maintenance of the surface water management system shall be no less than 20 feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas that will unduly restrict, impede or otherwise limit the use of these areas for their intended purpose. [Engineering] 23.) Prior to the issuance of the first building permit, the applicant shall provide surety in a form acceptable to the City Manager, Finance Director and City Engineer in the amount of 110% of the estimated cost of constructing the surface water Ordinance 10, 2001 6 April 25, 2001 management system included in the SFWMD Environmental Resource Permit for this project, and all other public improvements as required by Code and associated with this project. [Engineering /City Forester] 24.) Prior to the issuance of the first building permit, the applicant's engineer shall certify that the construction plans are designed in accordance with the Unit 19 conceptual approval or the applicant shall submit for review and subsequent approval a dynamic model for the entire NPBCID Unit 19 Basin that incorporates the details of this project's discharge into that basin and confirms it is consistent with the approved Unit 19 SFWMD operation and maintenance permit. [Engineering] 25.) Prior to the issuance of the first building permit, the applicant shall conclude arrangements mutually satisfactory to the developer, the FDOT and the City that provide an easement for the construction and operation of the FDOT "pass through" drainage. [Engineering] 26.) Prior the issuance of the first building permit, the applicant shall submit the Legacy Drive and associated PCD buffer plans to the County's Engineering Department for review and comments regarding the consistency with County's stormwater management plans for the adjacent single- family homes. The applicant shall make 10 any buffer plan and /or stormwater management changes requested by the City Engineer based on County comments related to stormwater management for the adjacent single - family homes. In the event of any failure of the approved stormwater management system which negatively impacts the adjacent single - family homes, the applicant shall be responsible for implementing changes to the system for a period not longer than 12 months from the completion of the stormwater management system construction, in a manner acceptable to the City Engineer based on reasonable engineering practice. [Engineering] Landscape and Open Space 27.) The 55 -foot PGA Boulevard parkway easement shall be platted as a parkway easement for the purpose of landscaping, and other allowed uses per Division Il, Section 105, entitled PGA Boulevard corridor overlay. [City Forester /Growth Management] 28.) If FDOT does not grant the curb cuts on Victoria Gardens Avenue and /or PGA Boulevard, the PCD buffers shall be installed consistent with rest of the respective buffer /55 -foot PGA Boulevard parkway. [City Forester /Growth Management] 29.) Parking lots shall not be visible from PGA Boulevard, excluding views from the PGA Ordinance 10, 2001 7 W April 25, 2001 Boulevard flyover. Berms and landscaping shall be used to create a minimum six - foot screen consisting of shrubs (3-4 feet in height installed) of any future parking area. If the drainage areas and utility easements will not facilitate berms and landscaping, the 55 -foot parkway buffer shall be widened until there is enough open space for said berms and landscaping to achieve the said screen. [City Forester /Growth Management] 30.) Landscape beautification shall be provided for Alternate A1A, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens, and PGA Boulevard with the site plans associated with those roads. [City Forester /Growth Management] 31.) If any area is cleared and left vacant for three months, it shall be hydro- seeded upon the City's request. [City Forester /Growth Management] 32.) Additional groundcover and shrubs must be added to the median and road shoulder landscaping of Legacy Drive per City Forester requirements prior to the first certificate of occupancy. 33.) Prior to the issuance of the final certificate of occupancy of Parcel A, the applicant shall either: [City Forester /Growth Management] a.) Install the landscaping and irrigation within PGA Boulevard, Victoria Gardens, Avenue, and Alternate A1A, per the FDOT final plans (based on preliminary plans dated August 19, 1999), from and including the respective medians of said roads to the property line, which includes Parcel B and C, or b.) Installation of the landscaping and irrigation shall be the responsibility of the applicant within 12 months of the completion of the PGA Boulevard, Victoria Gardens Avenue, and Alternate A1A flyover improvements, or c.) If by any other separate agreement between the applicant and City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant shall not be responsible for said installation, or d.) If the PGA Boulevard flyover is not constructed by January 1, 2005, the PGA Boulevard and Alternate A1A median and road shoulder landscaping shall be installed, pursuant to the Legacy Place site plan approval roadway beautification plans on exhibit for those respective roads. The applicant may petition the City Council for temporary relief this provision. 34.) The PCD buffer(s) shall be installed prior to issuance of the first certificate of Ordinance 10, 2001 8 Apri125, 2001 0 occupancy with the respective parcel. [City Forester /Growth Management] 35.) In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other public entity, pertaining to PGA Boulevard or Alternate AIA and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and /or assigns. [Growth Management] 36.) The applicant will record City Resolution 1, 2001 addressing the provision of a 10- acre environmental preserve site on Parcel 5A, located immediately northwest of the PGA Boulevard /Alternate A1A intersection, in the public record of Palm Beach County prior to the issuance of the first building permit. [Growth Management] General 37.) Prior to the issuance of the first building permit for this project (including the construction of the surface water management system), the applicant shall submit a boundary plat of the entire PCD for review, approval and subsequent recordation. All additional parcels within the PCD shall be replatted prior to the issuance of the first certificate of occupancy for each parcel (A, B, C and /or D). The replats shall is contain the commons areas (roadway dedications, PCD buffers, open space, water management tracts, etc.) as the construction and /or approval of these amenities are completed. [Engineering] 38.) Prior to the issuance of the first building permit for vertical construction, the property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. [Engineering] 39.) The plat shall have a common open space easement around the entire PCD boundary of Parcels A, B, C, and D, excluding Legacy Drive, which will represent the PCD buffer. The PCD buffer shall be dedicated to the property owners association (POA) specifically for landscaping and perpetual maintenance by said POA. The width of said tract shall be the width of the buffer approved by the site plan associated with each parcel. [City Forester /Growth Management] 40.) The Property Owners Association (POA) for the Legacy Place PCD shall be responsible for the maintenance of landscaping on Alternate A1A, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens Avenue, and PGA Boulevard (Victoria Gardens Avenue intersection and east to PCD boundary only) from the median to the road shoulder adjacent to the Legacy Place PCD boundary, Ordinance 10, 2001 9 April 25, 2001 and on Legacy Drive where the entire right-of-way landscaping and adjacent east buffer area will be maintained. The applicant shall make arrangements with the Regional Center Property Owners Association to share in the maintenance cost of the one median of PGA Boulevard that they have in common. [City Forester /Growth Management] 41.) Clearing and earthwork is allowed after the City Council approves the site plans for Parcels A, B, C and D, subject to approval by the City Forester for on -site tree preservation and tree relocation. 42.) The clearing and earthwork along the eastern buffer, adjacent to the Monet Terrace subdivision, shall be completed within 30 days of the issuance of a City building permit for such work. The storm drainage improvements within the eastern buffer shall be completed within 30 days of completing the above earthwork. The eight - foot -high wall along the eastern buffer shall be constructed within 60 days of the completion of the above stormwater drainage system. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.) Waiver to provide reduced right -of -way width of less than 80 feet for the Legacy Drive corridor (City Code requires 80' for a secondary roadway). 2.) Waiver to provide sidewalks on only one side (west) of the Legacy Drive corridor (sidewalks on both sides are required by Code). 3.) Waiver for reduced tertiary road width to minimum of 30 feet for the East -West Connector Road, including the Northern Extension (less than the standard City Code requirement of 50' for a tertiary roadway). 4.) Waiver to allow East -West Connector and Northern Extension to be dedicated as a "public access easement" (LDC requires roads to be designated as public rights - of -way). 5.) Waiver to not provide bikeway on east side of Legacy Drive (City Code requires bikeway on both sides of this road). 6.) Waiver to permit the PCD east buffer along the future Legacy Drive to be reduced to a minimum of eight feet (City Code requires a minimum 15 foot buffer width). 7.) Waiver to allow City Council consideration of the Development Application within Ordinance 10, 2001 10 April 25, 2001 0 23 days after the Planning and Zoning Commission recommendation (City Code requires at least a 23 -day separation). Section 4. Construction of the Planned Community District shall be in compliance with the following plans on file in the City's Growth management Department, as may be amended by the above conditions of approval: 1.) Master Site Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Master Plan," prepared by Urban Design Studio, dated 2 -7 -01 (as amended to comply with this D.O.), 1 sheet. 2.) Thoroughfare Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Thoroughfare Plan," prepared by Urban Design Studio_ , dated 2 -7 -01 (and as amended to comply with this D.O.), 1 sheet. 3). Landscape Buffer Plan, prepared by Urban Design Studio, dated 2 -7 -01, 1 sheet. 4). Landscape Plans entitled "Legacy Place - Palm Beach Gardens, Florida - Landscape Buffer Plan - Sections A -A' through GG'," prepared by Urban Design Studio, dated 2- 7- 01.(and as amended to comply with this D.O.), and consisting of 7 sheets (LA -1 to LA -7). Section 5. The Growth Management Director is hereby directed to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE 19TH DAY OF APRIL 2001. PLACED ON SECOND READING THIS THE DAY OF PASSED AND ADOPTED THIS THE DAY OF JOSEPH RUSSO, MAYOR Ordinance 10, 2001 11 2001. 2001. • 1] • April 25, 2001 ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G:sc /ordAegacypcd AYE NAY ABSENT Ordinance 10, 2001 12 Commitment Number 991233 EXHIBIT "A" Parcels 28.01 and 28.02 That parcel of land lying in Section 6, Township 42 South, Range 13 East, 'xithin the municipal limits of the City of Paim Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows; That portion of said Section 6, lying Easterly of the East right of way- line 0:7 State Road 811 (Alternate A -1 -A), lying Southerly of the South right of wav line of P.G.A. Boulevard, lving Westerly of a line formed by the West line of the South vvest quarter (SW 1 /4) of the Southeast quarter (SE 1,4) of said Section 6 and the West right of way line of Fairchild Avenue as described in Official Records Book 5478, page .46, and lying Northerly of the ?north right of way line of R.C.A. Boulevard. Together with that pertion of said Section 6 lying Easterly of the East right of way line of Fairchild Avenue, lying Westerly of the West line of that certain parcel of lend described in Official Records Book 2719: page 21, public records of Paim Beach Count-;, Florida; and lying Southerly of the South right of way line of P.G.A. Boulevard. LESS A\'D EXCEPT-ING THEREFROM the parcel of land identified as Parcel 100, as recorded in Official Records Boom 17839, page 1477, of the public records of Palm Beach County, Florida. • • S3110H AlQ'N3 31MIS EXHIBIT B t :al W t~ A U W 'OW H391'M £L =8b =S0 L011vZ100'G-P'A3VS3TdW314O • Y CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 20, 2001 Subject/Agenda Item: Resolution 58, 2001, regarding site plan review for Commercial Parcels A, B and C at the proposed Legacy Place development located southeast of the intersection of PGA Boulevard and Alternate A1A. Recommendation /Motion: Motion to approve Resolution 58, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Total Council Action: City Attorney Planning Division [ ] Approved Finance ] Approved wi condltlons Other Current FY [ ] Denied Funding Source: ( ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: ( X ] Not Required [ ] Other 1. Resolution 58, 2001 Submitted by: C4&- Growth Mgt. Director Affected parties ] Notified Budget Acct. #: [ ] None Appro y: City nag [ X ] Not required BACKGROUND: The Legacy Place Project is located on a 75 acre site, southeast of the intersection of PGA Boulevard and Alternate Al A. The development program for the 49 -acre commercial portion (Parcels A, B and C) of Legacy Place consists of Retail 399,000 square feet Professional Office 69,000 square feet Total Commercial 468,000 square feet The three commercial parcels will have a significant number of 2 -story buildings and one 3 -story 1 structure. Some of the 2 and 3 story facades are for architectural purposes and will not contain actual floor space. The office component will be phased with 50,000 square constructed initially in Phase 1, and the remaining 19,000 square feet built in Phase 2, as needed. SiLynificant Issues Bicycle Facilities Per Linkage Plan The applicant agreed during consideration of the PCD Master Plan application to provide 3 -foot wide, grade - separated bikeways on the East -West Connector and its Northern Extension, and north from the East -West Connector /residential entry intersection into the commercial center. Verbally the applicant's representatives have also told staff they will provide convenient bicycle parking facilities in central locations. Staff recommends that three (3) such parking facilities be located in the main center and one (1) in the 900/910 building area. The staff - recommended Fairchild Gardens/Legacy Drive cross - section must also be adopted which contains a bikeway /sidewalk combination. Staff finds that the Plan, as proposed to be modified above, is consistent with the City's Linkage Plan with regard to bicycle facilities and access, provided the applicant accepts the proposed site plan condition addressing this topic. Staff has proposed Site Plan Condition #1 to address this issue. Requested Waivers The applicant is requesting the following commercial site plan waivers from current Land Development Code (LDC) requirements: 1.) Waiver to allow reduced off -street stacking distance of as little as eight (8) feet at several locations along the East -West Connector Road and its Northern Extension; less than the City standard of 100'. [Code Section 179 (h)] Justification: The applicant feels the East -West Connector and its Northern Extension are consistent with the City's Linkage Plan where they are labeled as "tertiary roadways" which are intended for lower speed travel than surrounding secondary and higher function roads. This lower speed is necessary to enhance the urban "feel" of the project and encourage pedestrian connections. The waiver is consistent with traffic calming principles and allows for a more pedestrian- friendly environment. Staff has reviewed this justification and recommends approval due to the unique circumstances of the overall mixed use PCD project 2.) Waiver to allow 32 parking spaces north and west of the 900 Building to be 9 feet wide, below the standard Code requirement of a 10 foot width. [Code Section 179 (1)] 0 2 Justification: The requested substandard spaces comprise only 2% of the total spaces in the commercial project. These spaces will be used exclusively for employee parking, which will have a much lower parking space turnover rate than the larger 10 -foot wide customer parking spaces. The reduced parking space size allows for additional open space within the project. Given these specific circumstances, staff recommends approval of this limited waiver. 3.) Waiver to permit the commercial tract to have a 11 -foot wide landscape and wall buffer along the east buffer of Legacy Drive adjacent to the unincorporated Monet Woods subdivision; less than required by City Code which mandates a 15' buffer width. [Code Section 160 (a.)] Justification: The latest staff cross- section alternative for Legacy Drive shows a reduced east buffer. In order to provide other important features of the corridor such as a median and bikeway, the reduced buffer width is necessary and thus acceptable to staff. The P &Z Board supported this waiver in its PCD approval. 4.) Waiver to allow for landscaping within the lake maintenance easements (LMEs); Code requires such tracts to be unencumbered. [Code Section 182 (e)] Justification: The applicant feels this waiver will enhance the aesthetics of the project. In particular, large Royal Palms are proposed along the southern entrance to the project off of Fairchild Gardens Drive. These palms are located in a LME. The project lakes will be privately- maintained and have been designed to allow for adequate maintenance access. Staff has reviewed the justification and recommends approval due to the very limited nature of the landscape areas in questions and other unique circumstances of this project. 5.) Waiver to allow 5 -foot wide sidewalks within the parking lot areas of the AM site; Code requires 8 -foot sidewalks in MXD projects. [Code Section 91 (h) (5) d.] Justification: Applicant suggests that intent of this section is to provide generous area for the pedestrian- oriented mixed use project. Within the Lifestyle Center, the sidewalks are generally more than 16 feet in width, which is double the Code requirement. Also, the applicant is also providing 8 -foot wide bikeway /sidewalk combinations along the East -West Connector and other areas. Given the unique circumstances of this project including the urban intensity and need for additional open space, staff recommends approval. 6.) Waiver to allow reduced location and size of building foundation plantings; Code requires foundation landscaping within 10 feet of all buildings, that it be at least 5 -feet wide for 1- story buildings, and at least 30% of the height of adjacent wall for buildings 2- stories or more in height, as well as, other requirements. [Code Section 161] Justification: Applicant presented conceptual "foundation" planting plans at the prior 4 -10 -01 meeting. Given the unique "urban" nature of the building and site design, landscaping will be near buildings but not actually at the foundation in many cases. Staff supports this waiver 3 • and is currently reviewing a recently submitted (4- 17 -01) set of Foundation Planting Plans. The plans must be consistent with verbal commitments presented and made to the Planning and Zoning Commission. The applicant has also utilized the Code option of submitting "alternative landscape plans" in order to address the unique circumstances of this project without specification of each waiver location. A site plan condition has been added to address this issue. 7.) Waiver to allow applicant to submit signed and sealed lighting plans after City Council approval. [Code Section 95] Justification: The applicant has stated that this requirement places an inordinate cost burden on them. The Code is not absolutely clear on this requirement. Staff recommends approval on this waiver provided the applicant submits the required plans, prior to the first building permit, for review and approval by staff, the Planning & Zoning Commission and City Council. A site plan condition has been added to address this requirement. 8.) Waiver to reduce the minimum processing time between the Planning and Zoning Commission recommendation and first consideration by the City Council from 23 days to 16 days. Justification: The master plan applicant for this project has requested this waiver due to contractual obligations. Proposed Site Plan Conditions The recommended conditions of approval for this development application are contained in the attached copy of proposed Resolution 58, 2001. Recommendation Staff recommends approval of the Legacy Place commercial site plan application and the associated waivers, subject to the proposed conditions of approval in the attached resolution. On April 17, 2001, the City's Planning and Zoning Commission recommended approval of this development application and all of the requested waivers, subject to the conditions of approval listed in the attached resolution. 4 April 25, 2001 0 RESOLUTION 58, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL OF COMMERCIAL PARCELS "A," "B" AND "C" WITHIN THE LEGACY PLACE PLANNED COMMUNITY DISTRICT, WHICH IS GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received Petition SP -00 -18 from Orix/TMK Palm Beach Gardens Venture and PGA Gateway, Ltd. for site plan approval for the construction of a commercial and office development on Parcels "A," "B" and "C" within the Legacy Place planned community district (PCD), which is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 48.5 -acre site currently has a future land -use designation of Mixed Use and is zoned Planned Development Area (PDA); and WHEREAS, the applicants have submitted a concurrent development application to rezone the subject property from Planned Development Area (PDA) to Planned Community District (PCD); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, has Growth Management Department has reviewed said application and determined that it is consistent with the City's comprehensive plan and land development regulations; and WHEREAS, the Growth Management Department has recommended approval of this site plan application; and WHEREAS, the Planning and Zoning Commission has recommended approval of this site plan application; and WHEREAS, the City Council has granted a waiver from the City's land development regulations to reduce the minimum 23 -day review period between the recommendation from the Planning and Zoning Commission and the first consideration by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Resolution 58, 2001 April 25, 2001 Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves site plan application SP -00 -18 for commercial Parcels "A," "B" and "C" within the Legacy Place PCD. This project is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. Section 2. Said site plan approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and /or grantees: 1.) Prior to the first building permit, the applicant shall submit a revised site plan for City staff review and approval showing a three -foot, grade- separated bikeway adjacent to the sidewalk at the following locations: a.) Along the internal East -West Connector Road and its northern extension; and b.) From the East -West Connector Road /residential project entry intersection into the main commercial center. The revised site plan shall also show the location of bicycle parking facilities. Three such facility locations shall be provided in the main center and one in the 900/910 building area. [Growth Management] 2.) Prior to the issuance of the first building permit for vertical construction, the applicant shall submit for City review and approval: a.) Signed and sealed signage program, lighting plan, and building color plan (including roof areas) for the commercial area for review and approval by staff, the Planning and Zoning Commission, and City Council. [Growth Management] b.) Foundation planting plans, based on specific graphics and verbal commitments presented and made to the Planning and Zoning Commission. c.) Revised site and landscape plans showing enhanced hardscape and landscaping for the intersection of the East -West Connector and the residential project entry, and ten additional tree "diamonds" in the parking areas west and south of the "Department Store" building, based on specific graphics and verbal commitments presented and made to the Planning and Zoning Commission. d.) Office phasing plan showing location of Phase 1 containing 50,000 square feet and Phase 2 containing 19,000. Phase 2 shall be subject to future site plan review by the City. e.) Note on revised site plan indicating that 40 parking spaces within the total Resolution 58, 2001 2 April 25, 2001 parking provided on -site have been allocated to outdoor restaurant seating areas, and that such seating areas shall not exceed a total area of 6,000 square feet. f.) Indicate valet parking areas located away from the commercial buildings on the revised site plans. 3.) Outdoor display areas may be administratively approved by the Growth Management Director, based on the following criteria: '[Growth Management] a.) They shall be located directly adjacent to an existing store and only display the products sold in that store. b.) They shall not extend more than four feet from the subject stores' outside wall, nor exceed 40 square feet in area and six feet in height. c.) Outdoor display areas shall not impede bicycle or pedestrian access or flow. d.) Exceptions for outdoor display for special events may be approved by the Growth Management Director. 4.) A limited number of kiosks and pushcarts (maximum of 12 in total) shall be allowed to operate within the commercial center. Kiosks and pushcarts can only sell products that are consistent with the approved permitted use list for the PCD commercial parcels. They shall not be visible from public rights -of -way adjacent to the PCD site. They cannot exceed eight feet in height and 50 square feet in 0 structure area nor impede bicycle or pedestrian access or flow. [Growth Management] 5.) Outdoor restaurant seating shall be limited to a maximum of 6,000 square feet of the commercial site. Such seating shall be located directly adjacent to an existing restaurant and only serve the food and beverages sold in that restaurant. Outdoor display areas shall not impede bicycle or pedestrian access or flow. [Growth Management] 6.) Applicant must double- stripe 32 employee parking stalls west and north of the 900 Building prior to the first certificate of occupancy of the abutting building. [Growth Management] 7.) Additional landscaping shrubs (minimum 3-4 feet in height installed) shall be added to the PGA Boulevard 55 -foot parkway to screen the parking areas, to the satisfaction of the Growth Management Director or his designee. [City Forester /Growth Management] 8.) Additional groundcover and shrubs shall be added to the median landscaping of Fairchild Gardens Avenue and Legacy Drive to the satisfaction of the Growth Management Director or his designee. [City Forester /Growth Management] 0 9.) All vegetation to be relocated or saved in -place shall be tagged and protected per Resolution 58, 2001 3 April 25, 2001 . City code prior to issuance of any land alteration or clearing permit. Native vegetation within the PGA Boulevard parkway and Alternate A1A 55 -foot setback shall be saved and protected from construction, consistent with the approved landscape plans. [Growth Management] 10.) Fairchild Gardens Avenue landscaping and irrigation shall be installed prior to the issuance of the first certificate of occupancy for Parcel A. [City Forester /Growth Management] 11.) The Landscape Architect of Record shall inspect and sign off on every certificate of occupancy. [City Forester /Growth Management] 12.) The commercial buildings shall not contain any color changes at the exterior corners of buildings. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.) Waiver to allow reduced off - street stacking distance of as little as eight (8) feet at several locations along the East -West Connector Road and its Northern Extension; less than the City standard of 100 feet. [Code Section 179 (h)] 2.) Waiver to allow 32 parking spaces north and west of the 900 Building to be 9 feet wide; below the standard Code requirement of a 10 -foot width. [Code Section 179 (I» 3.) Waiver to permit the commercial tract to have a 11 -foot wide landscape and wall buffer along the east buffer of Legacy Drive adjacent to the unincorporated Monet Woods subdivision; less than required by City Code which mandates a 15' buffer width. [Code Section 160 (a.)] 4.) Waiver to allow for landscaping within the lake maintenance easements; Code requires such tracts to be unencumbered. [Code Section 182 (e)] 5.) Waiver to allow 5 -foot wide sidewalks within the parking lot areas of the MXD site; Code requires 8 -foot sidewalks in MXD projects. [Code Section 91 (h) (5) d.] 6.) Waiver to allow reduced location and size of building foundation plantings; Code requires foundation landscaping within 10 feet of all buildings, that it be at least 5- feet wide for 1 -story buildings, and at least 30% of the height of adjacent wall for buildings 2- stories or more in height, as well as, other requirements. [Code Section 161] Resolution 58, 2001 4 April 25, 2001 7.) Waiver to allow applicant to submit signed and sealed lighting plans after City Council approval. [Code Section 95] 8.) Waiver to allow City Council consideration of the Development Application within 23 days after the planning and Zoning Commission recommendation (City Code requires at least a 23 -day separation). [Code Section 20(e)(1)J Section 4. Construction within commercial Parcels A, B and C at Legacy Place shall be in compliance with the following plans on file in the City's Growth Management Department, as may be amended by the above conditions of approval: 1.) Legacy Place Site Plan Parcels A, B and C, Urban Design Studio, 2- 16 -01, Sheets SP -1 through SP-4. 2.) Legacy Place Foundation Planting Plans for Dept. Store, Buildings 100 & 800, Urban Design Studio, 4- 16 -01, Sheets FP -1 through FP -9. 3.) Legacy Place Alternative Landscape Improvement Plan, Urban Design Studio, 2- 16-01, Sheets LA -1 through LA -9. 4.) Elevations and Floor Plans, KA Architects, 2- 02 -01, 14 sheets. 5.) Floor Plan and Detailed Elevations for the 200 Building, KA Architects, 4- 16 -01, three sheets. Section 5. This resolution shall be effective upon the effective date of Ordinance 33, 2000, for the City of Palm Beach Gardens, Florida. Said ordinance pertains to comprehensive plan amendments for mixed -use developments, and is subject to the provisions of Section 163.3189(2), Florida Statutes. PASSED AND ADOPTED THIS THE DAY OF 2001. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY Resolution 58, 2001 5 • • VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g:/sc /res /resolution 58, 2001 Resolution 58, 2001 6 April 25, 2001 Commitment Number 991233 EXHIBIT "A" Parcels 28.01 and 28.02 That parcel of land lying in Section 6, Tovimship 42 South, Range 413 East, •xithin the municipal limits of the City of Paim Beach Gardens, Palm Beach County,. Florida, and being snore particularly described as follows: That portion of said Section 6, lying Easterly of the East right of way line o;,' State Road 811 (A ternate A -1 -A), lying Southerly of the South right of way line of P.G.A_ Boulevard, lying Westerly of a line formed by the Vilest line of the Southwest quarter (SW 1/4) of the Southeast quarter (-SE 1/4) of said Section 6 and the West right of wav Tine of Fairchild Avenue as described in Official Records Book 5478. C pag 46, and 1 3ping Northerly of the I\orth right of way line of R.C.A. Boulevard. Together with that portion of said Section 6 Iying Easterly of the East right of way line of Fairchild Avenue, Iying Westerly of the West line of that certain parcel of lend described in Official Records Book 2719, page 21; public records of Paim Beach County, Florida, and lying Southerly of the South right of way line of P.G.A. Boulevard. LESS As \TD EXCEPTING T1]EREFROM the parcel of land identified as Parcel 100, as recorded in Official Records Boot: 10839. page 1477, of the public records of Palm Beach County: Florida. • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 3, 2001 Date Prepared: April 25, 2001 Subject/Agenda Item: Resolution 59, 2001, regarding site plan review for Residential Parcel "D" at the proposed Legacy Place development located southeast of the intersection of PGA Boulevard and Alternate A1A. Recommendation /Motion: Motion to approve Resolution 59, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: City Attorneys l'a Planning Division Total [ ] Approved Finance Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other 1. Resolution 59, 2001 Submitted by: / Growth Mgt Director Affected parties ] Notified Budget Acct. #: [ ] None Ap�v y:. City-NI� a [ X ] Not required Background The Legacy Place project is located on a 75 -acre site, southeast of the intersection of PGA Boulevard and Alternate AlA. The development program for the 49 -acre commercial portion of Legacy Place consists of 468,000 square feet of commercial space. The Residential Parcel (south) is approximately 26 acres in size and is currently proposed for 384 apartment units with a density of 15 units /gross acre. The future land -use designation for the entire site in the Comprehensive Plan is Mixed Use (MXD). The current zoning is Planned Development Area (PDA); however, the applicant is seeking a 1 0 rezoning as part of this application to Planned Community District (PCD). Significant Issues Mixed Use Density Bonus Under normal circumstances, the residential parcel in the PCD would be limited to 12 units/acre. The developer is requesting a density bonus for the residential parcel to increase the density to 15 units /acre. This issue is discussed in detail in the PCD Master Plan report. Staff has considered the detailed justifications proffered by the applicant and finds that, in this unique case on a key site located in the City's Center, the mixed use density bonus should be granted. Bicycle Facilities Per Linkage Plan The residential site plan does not adequately address bicycle facilities. The City's Linkage Plan calls for a bicycle access through this site connecting RCA Boulevard to the commercial center. At the previous meeting, the applicant agreed during consideration of the PCD Master Plan application to provide a 3 -foot wide, grade - separated bikeway on the east side of A 1 A between RCA Boulevard and the project's AlA entrance as an alternative. Staff finds that the alternative bikeway proposed above is consistent with the City's Linkage Plan with regard to bicycle access. Staff has proposed a site plan condition to address this issue. Requested Code Waivers 1.) Waiver to allow for large landscaping and structures within the Lake Maintenance Easements, and to allow relief from the 8:1 slope requirement; Code requires such tracts to be unencumbered. [Code Section 282] Justification: Applicant indicates the project lakes will be privately- maintained and have been designed to allow for adequate maintenance access while creating an attractive environment for future project residents. The proposed lake slope is 4:1. Staff notes that the easement area will contain trees, light poles.and structures, and the Code does not delineate between public or private ownership. Applicant has not provided evidence of how lake will be properly maintained given extensive number of encumbrances. Proper lake maintenance is critical to the stormwater management system for the entire PCD site. Staff supports this waiver provided the applicant submits a lake maintenance program for review and approval by the City Engineer prior to the first building permit. 2 0 2.) Waiver to allow for 9 -foot wide parking spaces throughout the project; the Code requires 10- foot wide spaces unless waived by City Council. [Section 179(1)] • Justification: Applicant indicates that size reduction provides additional open space for the site (35% required; 48% provided) and enhances the project aesthetics. Staff supports this waiver given the unique circumstances of this project including its important role in the overall mixed use PCD. 3.) Waiver from the Residential High Side, Side Facing Street and Rear Setbacks. The RH zoning district has setback requirements of "20 feet plus one foot for every foot of the building more than two stories" for the side, side facing street and rear setbacks. Applicant is proposing the following minimum setbacks for the three -story buildings: side (internal setback from the commercial portion of the Legacy Place PCD) 7 feet; side facing street (RCA Boulevard) 20 feet; and rear (from Legacy Drive right -of -way) 14 feet. [Section 75] 'Residential RH Zonmg Designation Popose'd Consistent Setbacks :Setbacks Front . 30 feet + 1 foot for each foot of building 55 feet yes height greater than two stories Side 20 feet + 1 foot for each foot of building 7 feet no, waiver height greater than two stories requested Side Facing 20 feet + 1 foot for each foot of building 20 feet no, waiver Street (RCA height greater than two stories requested Boulevard) Rear 20 feet + 1 foot for each foot of building 14 feet no, waiver height greater than two stories requested Justification: The applicant feels the proposed setbacks are consistent with the urban nature of the entire Legacy Place project. The building indicate many architectural articulations and the proposed setbacks are the bare minimum necessary. Some buildings have larger setbacks than required. The largest setback waivers (13 feet +) are requested for the side adjacent to the commercial center where strong use integration is required by the mixed use concept. Given the unique mixed use concept of this project and its crucial location in the City's urban center, staff supports the waiver request. 4.) Waiver to allow applicant to submit lighting plans after City Council approval. [Code Section 95] Justification: The applicant has stated that this requirement places an inordinate cost burden 3 on them. Staff recommends approval on this waiver provided the applicant submits the required plans prior to first building permit for review and approval by staff and the P &Z Commission. A site plan condition has been added to address this requirement. 5.) Waiver to reduce the minimum processing time between the Planning and Zoning Commission recommendation and first consideration by the City Council from 23 days to 16 days. Justification: The master plan applicant for this project has requested this waiver due to contractual obligations. Proposed Site Plan Conditions The recommended conditions of approval for this development application are contained in the attached copy of proposed Resolution 59, 2001. Recommendation Staff recommends approval of the Legacy Place residential site plan application and the associated waivers, subject to the proposed conditions of approval in the attached resolution. On April 17, 2001, the City's Planning and Zoning Commission recommended approval of this development application and all of the requested waivers, subject to the conditions of approval listed in the attached resolution. • April 25, 2001 RESOLUTION 59, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL OF RESIDENTIAL PARCEL "D" WITHIN THE LEGACY PLACE PLANNED COMMUNITY DISTRICT, WHICH IS LOCATED AT THE NORTHEAST CORNER OF ALTERNATE A1A AND RCA BOULEVARD, AS DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received Petition SP -00 -20 from The Beztak Land Development Company and PGA Gateway, -Ltd. for site plan approval for the construction of a multifamily residential development on Parcel "D" within the Legacy Place planned community district, which is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit °A" attached hereto; and WHEREAS, the approximately 26 -acre site currently has a future land -use designation of Mixed Use and is zoned Planned Development Area (PDA); and 40 WHEREAS, the City has received a concurrent development application to rezone the subject property from Planned Development Area (PDA) to Planned Community District (PCD); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's comprehensive plan and land development regulations; and WHEREAS, the Growth Management Department has recommended approval of this site plan application; and WHEREAS, on April 17, 2001, the Planning and Zoning Commission recommended approval of this site plan application; and WHEREAS, on April 5, 2001, the City Council granted a waiver from the City's land development regulations to reduce the minimum 23 -day review period between the recommendation from the Planning and Zoning Commission and the first consideration by the City Council. Resolution 59, 2001 April 25, 2001 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 site plan application SP -00 -20 for residential Parcel "D" at Legacy Place. This project is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. Section 2. Said site plan approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and /or grantees: 1.) Prior to the first building permit, the applicant shall submit a revised site plan showing: a.) Addition of a three -foot wide bikeway to the sidewalk along Alternate A1A between RCA Boulevard and the Al commercial project entrance, making a combination bikeway /sidewalk totaling eight feet in width; and b.) The four -lane cross - section and east buffer strip improvements for Legacy Drive consistent with the PCD Master Plan approved by Ordinance 10, 2001. 2.) Prior to the first building permit, the following additional site plan revisions and additions shall be provided to the City for review and approval: a.) Typical road cross - section of Legacy Place Boulevard, as well as entrance drives, drive aisles and parking areas. b.) Minimum five -foot wide sidewalks throughout entire project. c.) Removal of inadequate landscape areas which do not meet Code minimum size requirements on the site. d.) Add note to plans stating that all vegetation to be relocated or saved in place shall be tagged and protected per City Code prior to issuance of any land clearing permit. Also, native vegetation within the Alternate A1A 55 -foot setback shall be saved and protected from construction damage, consistent with the approved landscape plans. e.) All sidewalks in front of buildings must be connected and continuous. Also, sidewalks across landscape /paver "bulb- outs" must be fully delineated. Concrete utilization must be shown at all apartment driveway Resolution 59, 2001 2 April 25, 2001 0 crossings to delineate sidewalk from asphalt driveway. f.) Typical landscape screening must be shown for all ground- mounted utility equipment or service boxes. g.) Documented evidence showing how a full -size garbage truck will be able to maneuver safely in and out of the compactor locations. 3.) Additional groundcover and shrubs shall be added to the median landscaping of Legacy Drive to the satisfaction of the Growth Management Director or his designee. 4.) Prior to the first building permit, the applicant shall submit a lake maintenance program for review and approval by the City's Engineer. 5.) The project signage and lighting plans shall be subject to review and approval by staff, Planning and Zoning Commission, and City Council prior to issuance of the first building permit for vertical construction. 6.) Legacy Drive and RCA Boulevard right -of -way landscaping and irrigation shall be installed prior to the issuance of the first certificate of occupancy for Parcel D. 7.) Prior to the first building permit, a PCD buffer phasing program shall be submitted to the City for staff review and approval. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.) Waiver to allow for large landscaping and structures within the Lake Maintenance Easements, and to allow relief from the 8:1 slope requirement; Code requires such tracts to be unencumbered. [Code Section 282] 2.) Waiver to allow for 9 -foot wide parking spaces throughout the project; the Code requires 10 -foot wide spaces unless waived by City Council. [Section 179(1)] 3.) Waiver from the Residential High Side, Side Facing Street and Rear Setbacks. The RH zoning district has setback requirements of "20 feet plus one foot for every foot of the building more than two stories" for the side, side facing street and rear setbacks. The waiver is to allow the following minimum setbacks for the three -story buildings: side (internal setback from the commercial. portion of the Legacy Place Resolution 59, 2001 3 • 0 • April 25, 2001 PCD) 7 feet; side facing street (RCA Boulevard) 20 feet; and rear (from Legacy Drive right -of -way) 14 feet. [Section 75] 4.) Waiver to allow applicant to submit lighting plans after City Council approval. [Code Section 95] 5.) Waiver to allow City Council consideration of the Development Application within 23 days after the Planning and Zoning Commission recommendation (City Code requires at least a 23 -day separation). Section 4. Construction within residential Parcel D at Legacy Place shall be in compliance with the following plans on file in the City's Growth Management Department, as may be amended by the above conditions of approval: 1.) 3/16/01 Site Plan by Mouriz/Salazar Architects and Planners. Sheets SP -1 through SP -4. 2.) 4/4/01 Alternate Landscape Improvement Plan by Urban Design Studio. Sheets LA -1 through LA-4. 3.) Undated Clubhouse Elevations by Mouriz/Salazar Architects and Planners. Sheet CH3. 4.) 9/12/00 Building I elevations by Mouriz/Salazar Architects and Planners. Sheet A-4.1. 5.) 9/12/00 Building II elevations by Mouriz/Salazar Architects and Planners. Sheet A-4.2. 6.) 9/12/00 Building I I I B elevations by Mouriz/Salazar Architects and Planners. Sheet A -4.3b. 7.) 9/12/00 Building IV elevations by Mouriz/Salazar Architects and Planners. Sheet A-4.4. 8.) 9/11/00 Building I Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.1, A -2.1, and A -3.1. 9.) 9/11/00 Building Ii Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.2, A -2.2, and A -3.2. 10.) 9/11/00 Building III Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.3, A -2.3, and A -3.3. 11.) 9/12/00 Building IIIA elevations by Mouriz/Salazar Architects and Planners. Sheet A -4.3a. 12.) 9/18/00 Unit Plans by Mouriz/Salazar Architects and Planners. Sheets A -5.1, A 5.2, A -5.213, A- 5.3 and A -5.4. 13.) 1/19/00 Clubhouse floor plans by Mouriz/Salazar Architects and Planners. Sheets CH1 and CH2. 14.) 9/5/00 Pool Pavilion by Mouriz/Salazar Architects and Planners. Sheet PV -1 15.) 8/16/00 Spa Pool Pavilion by Mouriz/Salazar Architects and Planners. Sheet SPV -1. Resolution 59, 2001 4 April 25, 2001 16.) Undated Restroom Pavilion by Mouriz/Salazar Architects and Planners. Sheet RP -1. 17.) 9/5/00 Details by Mouriz/Salazar Architects and Planners. Sheet SP -3. 18.) 9/11/00 Building IV Floor Plans and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.4, A -2.4 and A -3.4. Section 5. This resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2001. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g: /sc /res /resolution 59, 2001 Resolution 59, 2001 5 0 Commitment 'Number 991233 EXHIBIT "A" Parcels 23.01 and 23.02 That parcel of land Iyine in Section 6, Township 42 South, Range -3 East, •within the municipal Iir i *_s of the City of Palm Beach Gardens, Palm Beach County. Florida, and being more particularly described as follows; That portion of said Section 6, lying Easterly of the East right of way- line o;; State Road 811 (Alternate A -1 -A), lying Southerly of the South right of way line of P.G.A_ Boulevard, lying Westerly of a tine formed by the "Arest line of the South-'west quarter (SW 1/4) of the Southeast quarter (SE 1,4) of said Section 6 and the `JVest ziaht of way line of Fairchild Avenue as described in Official Records Book 5478- page 46, and lying Northerly of the forth right of way line of R.C.A. Boulevard. Together with that portion of said Section 6 lying Easterly of the East right of way line of Fairchild Avenue, lying Westerly of the West line of that certair. parcel of lend described in Official Records Book 2719, page 21, public records of Pahn Beach County, Florida, and lying Southerly of the South right of way line of P.G.A. Bouieti.-ard. LESS A\TD EXCEPU G TBEEREFROM the parcel of land identified as Parcel 100, as recorded in Official Records Book 10839, page 1477, of the public records of Palm Beach County, Florida. • . XIII. ITEMS FOR DISCUSSION: a. Stormwater Utility Fee. • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 04/25/01 Meeting Date: 05/03/01 Subject/Agenda Item Project Graduation Recommendation /Motion: Consider a motion to approve $500 contributions each to Gardens High School and Dwyer High School for Project Graduation to be paid from Council Contingency. Reviewed by: Originating Dept.: Costs: $ 1,000 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: ['X ] Other Council Memorandum [ X ] Not Required Contingency Submitted by: Kent R. Olson KR6 Department Director Affected parties [ ] Notified Budget Acct. #: various ( ] None Approve y: City Man er [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: April 25, 2001 FROM: Kent R. Olson, Finance Director( SUBJECT: Project Graduation BACKGROUND The City of Palm Beach Gardens in the past has contributed funds to Project Graduation for both public high schools within the City. For the past few years the City has budgeted $500 for both Dwyer and Gardens high schools to contribute toward Project Graduation at each of these schools. DISCUSSION One of the budget reductions approved at the April 5 Regular City Council Meeting was the elimination of contributions for Project Graduation. In the revised FY2001 Budget, there are no funds specifically available for Project Graduation. If the Council would like to contribute to Project Graduation for both of these schools this year, the Council may use their Council Contingency account to fund these contributions. There is approximately $19,700 available in the Council Contingency account at this time. RECOMMENDATION Staff recommends that if the City Council decides to fund these contributions for Project Graduation, the Council utilize its Council Contingency account to pay for these contributions. Att. PROJECT GRAD li Dear Mr. Ferris: r iri . For the tenth consecutive year the parents and staff at William proud to host Project Graduation, an all night drug and alcoho: seniors. Plans are now underway for the June 3-40' celebratioc will include a super DJ, games, door prizes, food, and special events throughout the night! Thanks to the community's generous support last year, 300 graduates and guests safely partied until dawn. Could we look forward to your support this year? In return, you will receive a certificate and letter of appreciation. A list of sponsors will be placed in each graduate's gift bag and also in the football program in the fall of 2001. Remember, all donations are tax deductible. On behalf of the students of the Class of 2001, thank you! If your calendar is clear on the evening of June P1. stop by and join the parry! Sincerely, The Project Graduation Committee Yes, I am happy to support Dwyer's Project Graduation! I would like to sponsor /co- sponsor: Project Grad 2001 Gift Bags -$1000 Food/Beverage -$500 Decorations -$500 Money Wheel -$600 Photographs -$200 —Other- — Dis ther- Disc Jockey -$600 _Grand Prize at Dawn -$250 _Large Inflatable Game -$450 _Caricaturist -$250 _Here's $100 Use it anywhere! Door Prize ~ Name Business Name Address Phone Make checks payable to: Willitn T. Dwyer High School Attn: Project Graduation RECEIVED 13601 N. Military Trail CITY MANAGERS OFFICE Palm Beach Gardens, FL 33418 APR 242001 Palm -Beach Oarde-no $i& Oc-bool Project Graduation 2001 4245 Holly Drivel Palm Beach Gardens, FL 33410^'` Phone U Fax 561 -694 -7337 December 5, 2000 Dear Community Member, As past fundraising chair and a continued supporter of Project Graduation, an all night drug and alcohol free party for graduating seniors, I'm asking for your support. Palm Beach Gardens High School Project Graduation has succeeded in the past because of the commitment of parents, the backing of local governments and the generous support of community businesses such as yours. • The estimated cost of Project Graduation for over 400 graduating seniors will be 1 9 9 $20,000. Along with this letter, you will find different levels of sponsorship with varying levels of recognition. Even though graduation is months away, we need your commitment right away so that plans can get under way. All of us working together can help to make this a successful event in our community. Sincere, , J75w" 1414 Kare Marcus County Commissioner 'Please make your checks payable to , "Palm Beach Gardens High School Project Graduation " kS h_ 3 PROJECT GRADUATION 2001 SPONSORSHIP LEVELS PLATINUM: $1,000 & over - Business /Donor Name displayed on school football field banners, Business /Donor Name printed on Proj.Grad. T- Shirts, Business /Donor Name printed on all Proj. Grad. flyers, announcements, invites, etc., "Proud Supporter" Proj. Grad. Decal /Bumper sticker GOLD: $500 & over - Business /Donor Name printed on Proj. Grad. T- Shirts, Business /Donor Name printed on all Proj. Grad. flyers, annoucements, invites, etc., "Proud Supporter" Proj. Grad. Decal /Bumper sticker SILVER: $250 & over - Business /Donor Name printed on all Proj. Grad. flyers, annoucements, invites, etc., "Proud Supporter" Proj. Grad ". Decal /Bumper sticker BRONZE: $100 & OVER - "Proud Supporter" Proj. Grad. Decal /Bumper Sticker OTHER: If your business cannot provide a cash donation but can provide a good(s) or service(s) please specify (door prizes, food) All sponsors and benefactors will be listed in a full page "Thank You" in our community newspaper during Graduation Week • M E M O R A N D U M WATTERSON, HYLAND & KLE F, P.A. To: Hon. Mayor and City Council From: Leonard G. Rubin, City Attorney Subject: Tanglewood Code Enforcement/Proposed Settlement Date: April 25, 2001 cc: Ron Ferris, City Manager This is a request for approval of a proposed settlement with the owners of Tanglewood to resolve the outstanding code enforcement liens placed on the property. The City currently holds four liens against the owners of Tanglewood totaling slightly over $17,200.00. Pursuant to section 20(h) of the City's Land Development Regulations, City staff may not process the proposed PUD amendment and renovations to the Tanglewood development while the liens remain outstanding. The owners of Tanglewood have filed an appeal in circuit court challenging the imposition of the liens. This appeal maytake at least one yearto resolve, and the City will incur significant attorney's fees in its defense. In an effort to resolve the outstanding liens and allow the renovations to Tanglewood to move forward, this office has negotiated a settlement with counsel for Tanglewood. The terms of the proposed settlement are as follows: 1. Tanglewood will pay to the City the sum of $7,500.00; 2. Tanglewood will dismiss the pending appeal in the circuit court; and 3. The City will release the liens currently recorded against Tanglewood. The proposed release of lien is attached to this memorandum and has been approved by legal counsel for Tanglewood. Based on the foregoing, this office recommends that the City Council adopt the following motion: Motion to approve the proposed settlement as outlined by the City Attorney and to authorize the Mayor and City Clerk to execute the Release of Code Enforcement Liens. Should you have any additional questions relative to the foregoing, please do not hesitate to contact this office. 0 P:% CPWn\H ISTORY\010413A110D3.1D(319.055) M Prepared by and return to: Leonard G. Rubin, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 CITY OF PALM BEACH GARDENS, Petitioner, V. CSC TANGLEWOOD, LTD., Respondent. CEB Case Nos. 00 -295 00 -469 00 -577 00 -578 0 RELEASE OF CODE ENFORCEMENT LIENS KNOW ALL MEN BY THESE PRESENTS that the City of Palm Beach Gardens, a Florida municipal corporation, the owner of the following Code Enforcement Board liens recorded against the real and personal property of CSC Tanglewood, Ltd., a Florida corporation, for violations occurring at 10800 North Military Trail, Palm Beach Gardens, Florida and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference: Order Imposing Penalty /Lien dated August 7, 2000 and recorded in Official Record Book 11942, Page 1541 of the Public Records of Palm Beach County, Florida (Case No. 00 -295); 2. Order Imposing Penalty /Lien dated August 25, 2000 and recorded in Official Record Book 11985, Page 258 of the Public Records of Palm Beach County, Florida (Case No. 00 -469); 3. Order Imposing Penalty /Lien dated March 8, 2001 and recorded in Official Record Book 12383, Page 1915 of the Public Records of Palm Beach County, Florida (Case No. 00 -577); and Page 1 of 2 4. Order Imposing Penalty /Lien dated Record Book 12383, Page 1918 County, Florida (Case No. 00 -578) March 8, 2001 and recorded in Official of the Public Records of Palm Beach does hereby release and satisfy the liens described above upon the property described in Exhibit "A" and any other real and personal property owned by Tanglewood CSC, Ltd. and hereby directs the Clerk of the Circuit Court to satisfy said liens of record. IN WITNESS WHEREOF, the City of Palm Beach Gardens has caused these presents to be executed in its name and its seal affixed this day of May, 2001. CITY OF PALM- BEACH GARDENS, [City seal] a Florida municipal corporation in ATTEST: Carol Gold, MMC, City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) Joseph R. Russo, Mayor The foregoing instrument was acknowledged before me this day of May, 2001 by Joseph R. Russo and Carol Gold, as Mayor and City Clerk of the City of Palm Beach Gardens who are personally known to me. [Seal] PACPWin\H I STORY \010413A \10D3.19(319.094)-doc25 NOTARY PUBLIC (Print name) My commission expires: Page 2 of 2 May 3, 2001 PLACED ON FIRST READING THIS THE 19TH DAY OF APRIL 2001. PLACED ON SECOND READING THIS THE DAY OF PASSED AND ADOPTED THIS THE DAY OF JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR ATTEST: 2001. 2001. DAVID CLARK, COUNCIL MEMBER LAUREN FURTADO, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO attachments g:sc /ord /legacypcd Ordinance 10, 2001 12 Commitment 'Number 991233 EXI3IBIT "A" Parcels 28.01 and 28.02 That parcel of land Ivine in Section 6, To,Lnship 42 South, Range 13 East. •yithin the municipal limits of the City of Paim Beach Gardens, Pahn Be cli Counry� Florida, and being more particularly desc:-ib °d as follows.- That portion of said Section 6, lying Easterly of the East right of vN.-a\- line Of State Road 811 (.A!iernate A -1 -A), lying Southerly of the South right of way line of P.G.A. Boulevard, lying Westerly of a line formed by the West line of the Southwest quarter (SW 1/4) of th,e Southeast quarter (SE 1/4) of said Section 6 and the `dVest right of way line of Faimbild Avenue as described in Official Records Book 54787 page 46, and lying Northerly of the North night of way line of R.CA. Boulevard. Toaether with that nertion of said Section 6 lying Easterly of the East right of way line of Fairchild Avenue, lying Westerly of the West line of that certain_ parcel of lend described in Official Records Book 2719, page 21, public records of Palm Beach Count_, Florida., and 'lying Southerly of the South right of way line of P.G.A. Boulevard_ LESS A\ND EXCEPT-ING TBEREPRONI the parcel of land identified a< Parcel 100, as recorded in Official Records Boot: 10839, page 1477, of the public records of Palm Beach Count}, Florida. Jr y j EXHIBIT B Z W Q W W 'OBI H381'Wd 69:00170 LO /£O/SO'BMP'L£ OV031 \dW31\ 3 &bf INC. Consulting Engineers, Surveyors & Mappers " L F-6AG Y P&-Ac-F_ SHEET NO. 1 OF CALCULATED BY -5a P DATE S/3 IOI CHECKED BY DATE SCALE 1\ R�yA R)6uLc- \jAk o FAX lV (4 - LAh1E5) _ _. . ................ . - /azRCHT L A ..... i, � ... _...... LZ .1L.A . _EG E 0 L x 114 7C 3bJLf VA May 3, 2001 ORDINANCE 10, 2001 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING APPROXIMATELY 74.2 ACRES OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS DESCRIBED HEREIN; AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP; APPROVING A MASTER PLAN OF DEVELOPMENT FOR THE LEGACY PLACE PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received Petition PCD -99 -02 from PGA Gateway, Ltd. for the rezoning of approximately 74.2 acres of land located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" attached hereto, from PDA — Planned Development Area to PCD — Planned Community District; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City's Comprehensive Plan, which designates the subject property as Mixed Use; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on April 10, 2001; and WHEREAS, the City Council has granted a waiver from the City's land development regulations to reduce the minimum 23 -day review period between the recommendation from the Planning and Zoning Commission and the first consideration by the City Council; and WHEREAS, the Growth Management Department has recommended approval of this application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of a parcel of land described in Exhibit "A," which is attached hereto and made a part hereof, from PDA — Planned Development Area to a PCD - Planned Community District and the corresponding master plan of development known as Legacy Ordinance 10, 2001 May 3, 2001 Place, as described below. Section 2. Said Planned Community District is approved subject to the following conditions, which are the obligation of the applicant and its successors and /or assigns: Land Use 1.) The following shall be the only permitted uses allowed on the commercial parcels (Parcels A, B and C) of the Legacy Place PCD: Permitted Uses: Antique shop; appliance and /or electronics stores; art gallery and /or museum; arts, fabric, hobby and /or craft shops; bank/financial institutions (no drive thru); bakery, barber /beauty shops; bicycle sales; bookstore; bridal /formalwear store; camera and photography sales and service; candy, nuts and confectionary sales; card and party store; catering service; clothing and accessory store; comedy entertainment club; data processing service; department store (specialty or full line); drug store (specialty only with no drive - thru); dry cleaning; electronic repair; emergency health care; floor covering sales; floral or florist shop; furniture store; gift and card shop; grocery store (gourmet, natural foods or specialty only, not exceeding 40,000 square feet in floor area); hardware store (specialty only); interior design including sales; health and fitness club or day spa; houseware sales; jewelry store; leather goods and luggage stores; mail and packing store; marine equipment sales excluding boats and personal water craft; medical or dental offices or clinics; music and musical instrument sales; news and magazine sales (family oriented); office equipment sales; optical, optician or optometrist offices; photocopying store; personal services; picture framing; pet shop; pottery shop; private club or lodge; professional and business offices; public park; restaurants (no drive thru); shoe store; sporting goods; soft goods stores; studio (instructional or professional); tailoring shop; telecommunication equipment sales (for personal use only); travel agency; tobacco shop; toy store; video games and entertainment stores; video rental and sales (no pornographic material); minor utilities and accessory uses; other general retail uses; and similar uses normally occurring in "Lifestyle and Festival Centers." Such similar uses are subject to the approval of the Growth Management Director prior to licensing and occupancy. [Growth Management] 2.) Conditional uses, excluding any conditional uses shown as permitted in Condition 1 above, listed in the City's General Commercial District (CG1) may be allowed within Parcels A, B and C provided any such use is approved by the City Council, by resolution, following an advisory recommendation by the Planning and Zoning Commission (maximum of one meeting), DRC review, and according to the Ordinance 10, 2001 2 May 3, 2001 applicable criteria contained in the Palm Beach Gardens Land Development Code. [Growth Management] 3.) Within the residential parcel (Parcel D) of the Legacy Place PCD, the maximum density shall be. 15 dwelling units per acre. Permitted uses include residential, recreation, and associated utility uses. [Growth Management] 4.) Any conversions of uses between major use categories (residential, office, retail) involving more than five percent of the total approved office /retail square footage shall be processed as a PCD amendment in which the applicant shall submit a Traffic Analysis for the City's review and approval. [Growth Management] Transportation 5.) Pursuant to Palm Beach County's Concurrency Certification for Legacy Place and City Traffic Concurrency requirements, the City will not issue any building permits for the project which will generate traffic in excess of the trip thresholds established below unless the following roadway conditions are met: a. Prosperity Farms Road —Lone Pine to PGA Boulevard: No more than 3,575 daily external nonresidential trips until a contract has been let for the widening of Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road (89,570 square feet of retail or mix of nonresidential users thereof which does not exceed 3,575 daily nonresidential trips). [County] b. PGA Boulevard and Fairchild Gardens intersection: No more than 9,210 daily external nonresidential trips until the contract for construction has been let for a second northbound, left -turn lane has commenced (302,300 square feet of retail, 100,000 square feet of office, or mix of nonresidential uses thereof which does not exceed 9,210 daily external nonresidential trips). [County] t C. PGA Boulevard Victoria Gardens to Fairchild Gardens: No more than 10,283 daily external project trips until a contract has been let for construction adding a fourth lane in the westbound direction, with appropriate distance through the Fairchild Gardens intersection (242,120 square feet of retail, 100,000 square feet of office and 384 multi - family units or mix thereof which does not exceed 10,283 daily external project trips). [County /Engineering] R d. PGA Fly -Over: No more than 9,127 daily external nonresidential trips until the contract for the PGA fly -over project has been let (291,280 square feet of Ordinance 10, 2001 3 May 3, 2001 retail, 122,400 square feet of office or mix of nonresidential uses thereof which does not exceed 9,127 daily external nonresidential trips). [County] e. Alternate A1A —PGA Boulevard to Hood Road: No more than 5,240 daily external nonresidential trips until the contract has been let for construction of the widening Alternate Al from PGA Boulevard to Hood Road (162,650 square feet of retail or mix of nonresidential uses thereof which does not exceed 5,240 daily external trips). [County] The applicant shall submit a trip generation progress report prior to the issuance of each building permit showing the current and projected number of daily trips to be generated and how they compare to the above trip thresholds. In order to approve any building permit which would generate trips in excess of a threshold established above, a letter certifying satisfaction of the applicable condition from the County Engineer must be received by the City and approved by the City's Engineer. [Engineering] 6.) Prior to the first certificate of occupancy for non - residential parcels or the 236th certificate of occupancy for the residential parcel as defined in the letter from Urban Design Studio dated April 26, 2001, and in accordance with the construction phasing proposed in said letter, the applicant shall construct the east -west linkage road to a point of substantial completion to the satisfaction of the City engineer. Substantial completion shall be defined as completing the first lift of asphalt, and all drainage and pedestrian features. The applicant shall limit all pedestrian access from the residential parcel to the commercial parcels until the east -west linkage road is substantially completed and approved by the City engineer. All landscaping and buffers adjacent to the residential buildings shall be installed and completed. A temporary, impassable barrier shall be constructed between the completed residential buildings and the commercial parcels prior to the issuance of any certificate of occupancy for said buildings. [Engineering] r 7.) Prior to the final certificate of occupancy, the applicant shall complete the construction of the east -west linkage road, including its northern extension, to the satisfaction of the City Engineer. [Engineering] 8.) Prior to the issuance of the first certificate of occupancy for non - residential development, the applicant shall construct the required westbound right turn lanes from RCA Boulevard to Legacy Drive and from RCA Boulevard to Alternate Al to the satisfaction of Palm Beach County. The applicant shall submit a letter from Palm Beach County verifying the completion of these improvements. [Engineering] Ordinance 10, 2001 4 May 3, 2001 9.) Prior to the issuance of the first certificate of occupancy or such later date as is administratively approved by the City, the applicant shall complete the construction of a two -lane, divided cross- section for Legacy Drive, including the west pedestrian bikeway and northbound left -turn lane at the Fairchild Gardens Avenue intersection, to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, pedestrian facilities, privacy wall and drainage structures). Exhibit B and Exhibit C show the approved cross - section for the construction of Legacy Drive and associated buffer areas. [Engineering] 10.) Prior to the issuance of the first non - residential certificate of occupancy, the applicant shall complete the construction of a four -lane, divided cross - section and the west pedestrian bikeway for Fairchild Gardens Avenue, between the proposed Legacy Drive and PGA Boulevard, to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, bike and pedestrian facilities, and drainage structures). Exhibit C indicates the required turn lanes for this segment of Fairchild Gardens Avenue. [Engineering] 11.) Prior to the issuance of the final certificate of occupancy for commercial development, the applicant shall provide a Public Access Easement along the entire alignment of the east -west linkage road, including its northern extension. The applicant shall be responsible for the maintenance of the public improvements within this easement. [Engineering] 12.) The applicant shall submit, for review and approval by the City, the language for the dedication of the Legacy Drive right -of -way. The dedication of the right -of -way (complete with all of the required public improvements) and the recordation of the dedication documents in the official records of Palm Beach County shall occur following completion and acceptance of the City of the applicable roadways. The subject right -of -way shall be free and clear of any and all encumbrances. [Engineering] s 13.) Prior to the issuance of the first building permit, the applicant shall provide written correspondence from the Florida Department of Transportation that verifies the permitting and construction obligations of the FDOT for the two additional entrances to the project (one on PGA Boulevard and one on the loop road). [Engineering] 14.) The applicant will work with the Palm Beach County Transit Agency (PalmTran) to locate the appropriate number of bus stops to provide "urban level" service to this development and construct attractive shelters and bus pull -out lanes (where necessary) at each stop prior to the first certificate of occupancy: A letter from PalmTran documenting the adequacy of transit service to the PCD site will be Ordinance 10, 2001 5 May 3, 2001 required to satisfy this condition. [Growth Management] 15.) Prior to the issuance of the first building permit, the applicant will submit a revised Master Thoroughfare Plan for City staff review and approval showing an 8 -foot, grade- separated bikeway /sidewalk along the East -West Connector Road and the Northern Extension, an 8 -foot, grade- separated bikeway /sidewalk along the -east side of Alternate A1A between RCA Boulevard and the project entrance on A1A, and a 8 -foot grade- separated bikeway /sidewalk from the East -West Connector at the residential project intersection north into the main commercial center. 16.) Initially, the Legacy Drive /Fairchild Gardens intersection will operate as a two -way stop intersection with the north -south direction having the through - traffic condition. The applicant shall meet all the applicable requirements of the Manual of Uniform Traffic Control Devices, and obtain administrative approval from the City prior to installing multi -way stop signs. Stormwater Management 17.) No construction of any portion of the surface water management system shall be undertaken without first submitting to the City: plans, specifications and supporting computations for review and approval by the City. [Engineering] 18.) No construction /land alteration shall occur until an environmental resource permit for construction and operation of the water management system, or portions thereof, are issued by SFWMD and approved by the City. [Engineering] 19.) The applicant shall provide to the City copies of all correspondence to and from SFWMD regarding any permitting issues. [Engineering] 20.) The applicant shall comply with all Federal EPA and State of Florida Department of f Environmental Protection NPDES permit requirements, including but not limited to if required, preparation of'a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submittal of a Notice of Intent to the EPA or their designee and the City, implementation of the approved plan, inspection and maintenance of controls during construction, and submittal of a Notice of Termination to the EPA or their designee and the City. [Engineering] 21.) All areas designated for maintenance of the surface water management system shall be no less than 20 feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the Ordinance 10, 2001 6 May 3, 2001 maintenance areas that will unduly restrict, impede or otherwise limit the use of these areas for their intended purpose. [Engineering] 22.) Prior to the issuance of the first building permit, the applicant shall provide surety in a form acceptable to the City Manager, Finance Director and City Engineer in the amount of 110% of the estimated cost of constructing the surface water management system included in the SFWMD Environmental Resource Permit for this project, and all other public improvements as required by Code and associated with this project. [Engineering /City Forester] 23.) Prior to the issuance of the first building permit, the applicant's engineer shall certify that the construction plans are in accordance with the Unit 19 conceptual approval or the applicant shall submit for review and subsequent approval a dynamic model for the entire NPBCID Unit 19 Basin that incorporates the details of this project's discharge into that basin and confirms it is consistent with the approved Unit 19 SFWMD operation and maintenance permit. [Engineering] 24.) Prior to the issuance of the first building permit, the applicant shall conclude arrangements mutually satisfactory to the developer, the FDOT and the City that provide an easement for the construction and operation of the FDOT "pass through" drainage. [Engineering] 25.) Prior to the issuance of the first building permit, the applicant shall submit the Legacy Drive and associated PCD buffer plans to the County's Engineering Department for review and comment regarding the consistency with County's stormwater management plans for the adjacent single - family homes. The applicant shall make any buffer plan and /or stormwater management changes requested by the City Engineer based on County comments related to stormwater management for the adjacent single - family homes. In the event of any failure of the approved stormwater management system, as determined by the City engineer, which t negatively impacts the adjacent single - family homes, the applicant shall be responsible for implementing changes to the system for a period not longer than 12 months from the completion of the stormwater management system construction, in a manner acceptable to the City Engineer based on reasonable engineering practice. [Engineering] Landscape and Open Space 26.) The 55 -foot PGA Boulevard parkway easement shall be platted as a parkway easement for the purpose of landscaping, and other allowed uses "per Division II, Section 105, entitled PGA Boulevard corridor overlay. [City Forester /Growth Ordinance 10, 2001 7 May 3, 2001 Management] 27.) If FDOT does not grant the curb cuts on Victoria Gardens Avenue and /or PGA Boulevard, the PCD buffers shall be installed consistent with rest of the respective buffer /55 -foot PGA Boulevard parkway. [City Forester /Growth Management] 28.) Parking lots shall not be visible from PGA Boulevard through the 55 -foot parkway buffer, excluding views from the PGA Boulevard flyover. Berms and landscaping shall be used to create a minimum six -foot screen consisting of shrubs (3-4 feet in height installed) of any future parking area. If the drainage areas and utility easements will not facilitate berms and landscaping, the 55 -foot parkway buffer shall be widened until there is enough open space for said berms and landscaping to achieve the said screen. [City Forester /Growth Management] 29.) Landscape beautification shall be provided for adjacent rights -of -way and medians for the following roads: Alternate A1A, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens, PGA Boulevard, east of the Victoria Gardens intersection, and Prosperity Farms Road, from PGA Boulevard to Lone Pine Road, excluding areas being landscaped by the Florida Department of Transportation. [City Forester /Growth Management] 30.) If any area is cleared and left vacant for three months, it shall be hydro- seeded upon the City's request. [City Forester /Growth Management] 31.) Additional groundcover and shrubs must be added to the median and road shoulder landscaping of Legacy Drive per City Forester requirements prior to the first certificate of occupancy. 32.) The PCD buffer(s) shall be installed prior to issuance of the first certificate of occupancy with the respective parcels A, B and C. With respect to Parcel D, a PCD f buffer phasing program shall be established as a condition of approval of site plan review for Parcel D. [City Forester /Growth Management] 33.) In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other public entity, pertaining to PGA Boulevard or Alternate AIA and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and /or assigns. [Growth Management] R 34.) The applicant will record City Resolution 1, 2001 addressing the provision of a 10- acre environmental preserve site on Parcel 5A, located immediately northwest of Ordinance 10, 2001 8 May 3, 2001 the PGA Boulevard /Alternate A1A intersection, in the public record of Palm Beach County prior to the issuance of the first building permit. [Growth Management] General 35.) Prior to the issuance of the first building permit for this project (including the construction of the surface water management system), the applicant shall submit a boundary plat of the entire PCD for review, approval and subsequent recordation. All additional parcels within the PCD shall be replatted prior to the issuance of the first certificate of occupancy for each parcel (A, B, C and /or D). The replats shall contain the commons areas (roadway dedications, PCD buffers, open space, water management tracts, etc.) as the construction and /or approval of these amenities are completed. [Engineering] 36.) Prior to the issuance of the first building permit for vertical construction, the property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. [Engineering] 37.) The plat shall have a common open space easement around the entire PCD boundary of Parcels A, B, C, and D, excluding Legacy Drive, which will represent the PCD buffer. The PCD buffer shall be dedicated to the property owners association (POA) specifically for landscaping and perpetual maintenance by said POA. The width of said tract shall be the width of the buffer approved by the site plan associated with each parcel. [City Forester /Growth Management] 38.) The Property Owners Association (POA) for the Legacy Place PCD shall be responsible for the maintenance of landscaping on Alternate A1A, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens Avenue, and PGA Boulevard (Victoria Gardens Avenue intersection and east to PCD boundary only) from the median to the road shoulder adjacent to the Legacy Place PCD boundary, and on Legacy Drive where the entire right -of -way landscaping and adjacent east buffer area will be maintained. The applicant shall make arrangements with the Regional Center Property Owners Association to share in the maintenance cost of the one median of PGA Boulevard that they have in common. [City Forester /Growth Management] 39.) The applicant shall receive a permit for the clearing lifter the City Council approves the site plans for Parcels A, B, C and D, subject to approval by the City Forester. The applicant shall receive a permit for excavation of lakes and the rough filling of the parcels subject to the approval of an early work permit by the South Florida Ordinance 10, 2001 9 May 3, 2001 Water Management District, and approval from all other applicable governments and /or agencies, including the City of Palm Beach Gardens. [Growth Management] 40.) The clearing and earthwork along the eastern buffer adjacent to the Monet Terrace subdivision shall be completed within 30 days of the issuance of a City building permit for such work. The stormwater drainage improvements within said buffer shall be completed within 60 days of the issuance of said building permit. The eight- foot -high wall (east elevation) along the eastern buffer shall be constructed within 120 days of the issuance of said building permit. The City may administratively extend these times. [Engineering] Section 3. The City Council of the City of Palm Beach. Gardens hereby approves the following waivers with this approval: 1.) Waiver to provide reduced right -of -way width of less than 80 feet for the Legacy Drive corridor (City Code requires 80' for a secondary roadway). 2.) Waiver to provide sidewalks on only one side (west) of the Legacy Drive corridor (sidewalks on both sides are required by Code). 3.) Waiver for reduced tertiary road width to minimum of 30 feet for the East -West Connector Road, including the Northern Extension (less than the standard City Code requirement of 50' for a tertiary roadway). 4.) Waiver to allow East -West Connector and Northern Extension to be dedicated as a "public access easement" (LDC requires roads to be designated as public rights - of -way). 5.) Waiver to not provide bikeway on east side of Legacy Drive (City Code requires bikeway on both sides of this road). 6.) Waiver to permit the PCD east buffer along the future Legacy Drive to be reduced to a minimum of eight feet (City Code requires a minimum 15 foot buffer width). 7.) Waiver to allow City Council consideration of the Development Application within 23 days after the Planning and Zoning Commission recommendation (City Code requires at least a 23 -day separation). Ordinance 10, 2001 10 May 3, 2001 Section 4. Construction of the Planned Community District shall be in compliance with the following plans on file in the City's Growth management Department, as may be amended by the above conditions of approval: 1.) Master Site Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Master Plan," prepared by Urban Design Studio, dated 2 -7 -01 (as amended to comply with this D.O.), 1 sheet. 2.) Thoroughfare Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Thoroughfare Plan," prepared by Urban Design Studio, dated 2 -7 -01 (and as amended to comply with this D.O.), 1 sheet. 3.) Landscape Buffer Plan, prepared by Urban Design Studio, dated 2 -7 -01, 1 sheet. 4.) Landscape Plans entitled "Legacy Place - Palm Beach Gardens, Florida - Landscape Buffer Plan - Sections A -A' through GG'," prepared by Urban Design Studio, dated 2 -7 -01 (and as amended to comply with this D.O.), and consisting of 7 sheets (LA -1 to LA -7). Section 5. The Growth Management Director is hereby directed to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 8. This Ordinance shall be effective upon adoption. Ordinance 10, 2001 11 May 3, 2001 16.) Undated Restroom Pavilion by Mouriz /Salazar Architects and Planners. Sheet RP -1. 17.) 9/5/00 Details by Mouriz/Salazar Architects and Planners. Sheet SP -3. 18.) 9/11/00 Building IV Floor Plans and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.4, A -2.4 and A -3.4. Section 5. This resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTEST: BY: DAY OF 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO s g: /sc /res /resolution 59, 2001 Resolution 59, 2001 5 Commitment Number 99�1233 EXHIBIT "A" Parcels 28.01 and 28.02 That parcel of land lying in Section 6, Township 42 South, Range 413 East, %within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows. That portion of said Section 6, lying Easterly of the East night of way line of State Road 811 (.A-ternate A -1 -A), lying Southerly of the South right of way line of P.G.A. Boulevard, lying Westerly of a line formed by the West line of the Southtivest quarter (SW 1/4) of the Southeast quarter (SE 1/4) of said Section 6 and the West right of way line of Fairchild Avenue as described in Official Records Book 5478, page _46, and Iying N ortherly of the 'North right of -vay line of RC-A. Boulevard. Together with that portion of said Section 6 Iying Easterly of the East right of way a-- of Fairchild Avenue, lying Westerly of the West line of that certain. parcel of lznd descri "bed in Official Records Book 2719, page 2I, public records of Palm Beach Comity, Florida_. and lying Southerly of the South right of way line of P.G.A. Boulevard. E LSS A\TD EXCEPTiIN'G THEREFROM the parcel of land identified as Parcel 100, as recorded in OM, cial Records Book 10839, page 1477, of the public records of Palm Beach County, Florida. May 3, 2001 RESOLUTION 59, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL OF RESIDENTIAL PARCEL "D" WITHIN THE LEGACY PLACE PLANNED COMMUNITY DISTRICT, WHICH IS LOCATED AT THE NORTHEAST CORNER OF ` ALTERNATE A1A AND RCA BOULEVARD, AS DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received Petition SP -00 -20 from The Beztak Land Development Company and PGA Gateway, Ltd. for site plan approval for the construction of a multifamily residential development on Parcel "D" within the Legacy Place planned community district, which is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the approximately 26 -acre site currently has a future land -use designation of Mixed Use and is zoned Planned Development Area (PDA); and WHEREAS, the City has received a concurrent development application to rezone the subject property from Planned Development Area (PDA) to Planned Community District (PCD); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's comprehensive plan and land development regulations; and WHEREAS, the Growth Management Department has recommended approval of this site plan application; and WHEREAS, on April 17, 2001, the Planning and Zoning Commission recommended approval of this site plan application; and WHEREAS, on April 5, 2001, the City Council granted a waiver from the City's land development regulations to reduce the minimum 23 -day review period between the recommendation from the Planning and Zoning Commission and the first consideration by the City Council. Resolution 59, 2001 May 3, 2001 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 site plan application SP -00 -20 for residential Parcel "D" at Legacy Place. This project is located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A," which is attached hereto and incorporated herein by this reference. Section 2. Said site plan approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and /or grantees: 1.) Prior to the first building permit, the applicant shall submit a revised site plan showing: a.) Addition of a three -foot wide bikeway to the sidewalk along Alternate A1A between RCA Boulevard and the Alternate A1A commercial project entrance, making a combination bikeway /sidewalk totaling eight feet in width; and b.) The two -lane cross - section and east buffer strip improvements for Legacy Drive consistent with the PCD Master Plan approved by Ordinance 10, 2001. 2.) Prior to the first building permit, the following additional site plan revisions and additions shall be provided to the City for review and approval: a.) Typical road cross - section of Legacy Place Boulevard, as well as entrance drives, drive aisles and parking areas. b.) Minimum five -foot wide sidewalks throughout entire project. c.) Removal of inadequate landscape areas which do not meet Code minimum size requirements on the site. d.) Add note to plans stating that all vegetation to be relocated or saved in place shall be tagged and protected per City Code prior to issuance of any land clearing permit. Also, native vegetation within the Alternate A1A 55 -foot setback shall be saved and protected from construction damage, consistent with the approved landscape plans. e.) All sidewalks in front of buildings must be connected and continuous. Also, sidewalks across landscape /paver "bulb- outs" must be fully delineated. Concrete utilization must be shown at all apartment driveway Resolution 59, 2001 2 May 3, 2001 crossings to delineate sidewalk from asphalt driveway. f.) Typical landscape screening must be shown for all ground- mounted utility equipment or service boxes. g.) Documented evidence showing how a full -size garbage truck will be able to maneuver safely in and out of the compactor locations. 3.) Additional groundcover and shrubs shall be. added to the median landscaping of Legacy Drive to the satisfaction of the Growth Management Director or his designee. 4.) Prior to the first building permit, the applicant shall submit a lake maintenance program for review and approval by the City's Engineer. 5.) The project signage and lighting plans shall be subject to review and approval by staff, Planning and Zoning Commission, and City Council prior to issuance of the first building permit for vertical construction. 6.) Legacy Drive and RCA Boulevard right -of -way landscaping and irrigation shall be installed prior to the issuance of the first certificate of occupancy for Parcel D. 7.) Prior to the first building permit, a PCD buffer phasing program shall be submitted to the City for staff review and approval. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.) Waiver to allow for large landscaping and structures within the Lake Maintenance Easements, and to allow relief from the 8:1 slope requirement; Code requires such tracts to be unencumbered. [Code Section 282] 2.) Waiver to allow for 9 -foot wide parking spaces throughout the project; the Code requires 10 -foot wide spaces unless waived by City Council. [Section 179(1)] 3.) Waiver from the Residential High Side, Side Facing Street and Rear Setbacks. The RH zoning district has setback requirements of "20 feet plus one foot for every foot of the building more than two stories" for the side, side facing street and rear setbacks. The waiver is to allow the following minimum setbacks for.the three -story buildings: side (internal setback from the commercial portion of the Legacy Place Resolution 59, 2001 3 May 3, 2001 PCD) 7 feet; side facing street (RCA Boulevard) 20 feet; and rear (from Legacy Drive right -of -way) 14 feet. [Section 75] 4.) Waiver to allow applicant to submit lighting plans after City Council approval. [Code Section 95] 5.) Waiver to allow City Council consideration of the Development Application within 23 days after the Planning and Zoning Commission recommendation (City Code requires at least a 23 -day separation). Section 4. Construction within residential Parcel D at Legacy Place shall be in compliance with the following plans on file in the City's Growth Management Department, as may be amended by the above conditions of approval: 1.) 3/16/01 Site Plan by Mouriz/Salazar Architects and Planners. Sheets SP -1 through SP-4. 2.) 4/4/01 Alternate Landscape Improvement Plan by Urban Design Studio. Sheets LA -1 through LA -4. 3.) Undated Clubhouse Elevations by Mouriz/Salazar Architects and Planners. Sheet CH3. 4.) 9/12/00 Building I elevations by Mouriz/Salazar Architects and Planners. Sheet A-4.1. 5.) 9/12/00 Building II elevations by Mouriz/Salazar Architects and Planners. Sheet A-4.2. 6.) 9/12/00 Building 1116 elevations by Mouriz /Salazar Architects and Planners. Sheet A -4.3b. 7.) 9/12/00 Building IV elevations by Mouriz /Salazar Architects and Planners. Sheet A-4.4. 8.) 9/11/00 Building I Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.1, A -2.1, and A -3.1. 9.) 9/11/00 Building II Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.2, A -2.2, and A -3.2. 10.) 9/11/00 Building III Floor Plan and Roof Plan by Mouriz/Salazar Architects and Planners. Sheets A -1.3, A -2.3, and A -3.3. 11.) 9/12/00 Building IIIA elevations by Mouriz/Salazar Architects and Planners. Sheet A -4.3a. 12.) 9/18/00 Unit Plans by Mouriz/Salazar Architects and Planners. Sheets A -5.1, A 5.2, A -5.213, A- 5.3 and A -5.4. 13.) 1/19/00 Clubhouse floor plans by Mouriz/Salazar Architects and Planners. Sheets CH1 and CH2. = 14.) 9/5/00 Pool Pavilion by Mouriz/Salazar Architects and Planners. Sheet PV -1 15.) 8/16/00 Spa Pool Pavilion by Mouriz/Salazar Architects and Planners. Sheet SPV -1. Resolution 59, 2001 4 s 05/03/2001 THU 15:12 FAX 355 6094 R. MARCUS WPB WJUU1 .. .� .. .:� CPT:+....... _ . ..- •�- - �- ^�`fI'C�hln.e .a��_iit KAREN T. MARCUS COUNTY COMMISSIONER - DISTRICT 1 (FAX## 355 -6094 WPB OFFICE) FAX TRANSMITTAL FORM Cy of p.8. Gardens gay 37001 GRvwIIA �- IAANAGEMENT DEPARTMENT THIS FACSIMILE CONTAINS4 * PAGES (INCLUDING COVER). PLEASE CA: --L(561) 355 -2201 IF ANY PART IS MISSING OR RECEIVED POORLY, THANK YOU! Date: 5 3 f 01 To: C h er y ( Fax #: 7Qg - 142? I From: G I l'cl y b c- 9 1 i '0 o Phone #: Message: P.O. Box 1989 West Palm beach, Florida 33402 -1989 (561) 355 -2201 Fax: (561) 355 -1990 05/03/2001 THU 15:12 FAX 355 6094 K. MARCUS WPB Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen 7 Marcus Mary McCarty Burt Aaronson May 3, 2001 The Honorable Joe Russo, Mayor and City Council Members City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Russo and City Council Members: County AdmWstratmr Roben Weisman City of P.B. Gardens ; MAY 3 2001 GRoWin MANAGEMENT DEPARTMENT' BY FAX: 799 -4281 Attonight's City Council meeting, you will be considering the Legacy P ace PCD Master Plan. As you know, my office has been involved in this issue in an Effort to protect the residents on unincorporated Monet Terrace. As you'll reca.1 at the previous City Council meeting when this was discussed, you agreed to a condition of approval for an eight foot wall along the rear property line of the Monet Terrace residents. I know the residents are very appreciative of that requirement. There are three outstanding issues that I would like to bring to your attention and I would respectfully request your support in seeing that these items are also required as conditions of approval for this project. 1. A utility line currently exists on Legacy Place property that serves the residents of Monet Terrace. I would like your support in getting this utility line buried underground. and moved into the existing tan foot utility easement that exists in the backyards of the Monet Terrace residents. The three utility companies, FPL, BellSouth and A Jelphla Cable have estimated the cost would be less than $100,000 to bury the line and I have committed to splitting the cost with the de\ieloper. Burying the line will allow more landscaping options on the Legacy Place side of the wall which will enhance the resident's view fro m their backyard. "An Equal Opportunity Affirmative Action Employer" O. Box 1989 West Palm Bead+, Florida 33402-1989 (561) 355 -2001 Fa)c (561) 3553990 W P. p&+ad - McWW peper www.pbcgoy.com UO /VJ /4VU1 icnu ia:t[ kA& 355 OUV4 K. HAM;UJ WFB 2. As currently designed, the eight foot wall will end at the backyard of the most northern home on Monet Terrace. Unfortunately, this leaves a gap in the buffer for this homeowner. - since the Fairchild Gardens /Legacy Drive intersection will be a major intersection, I would like your consideration in having the wall extended along Fairchild Gardens Drive for the length of the two homes at the northern end of Monet Terrace. I've enclosed-a sketch which depicts this request. 3. Lastly, I would appreciate the Council's consideration in requiring the Legacy Place developer to install landscaping on the resident's side of the wall. I appreciate your consideration of these requests. WJUUJ Sincerely, Kare .Marcus R ae�s County Commissioner Enclosure 0.5/03/2001 THU 15:12 FAX 355 6094 K. MARCUS WPB May 03 01 12:O2P Bryant and Kim Rooney 1 82' PUBUC- ACCESS AC-fGiU MI LAKE 0.80 AC � a rrt� U. (5161) 776 -2384 tO004 P -2 AS434Y 3oo'-3SOl:,Iexjs� -V e- ♦ +oa �� ..Ir asi - • W V W . U. to .1 rJ I J it - � I qMM ~ -N.W.—Uvod�rl Y/ ow" M AS434Y 3oo'-3SOl:,Iexjs� -V e- ♦ +oa �� ..Ir asi - • W V W . U. to .1 rJ I J it - � I QVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. -� DATE: April 26, 2001 FILE NO. 96 -2101 SUBJECT: Northlake /Congress Commercial Center Attached please find the final plat for the referenced project prepared by Miller Land Surveying. The plat has been reviewed and found to be technically compliant with Chapter 177 of the Florida Statutes and the, City of Palm Beach Gardens requirements. The City engineer and reviewing surveyor have executed the plat and we have no other engineering concerns therefore, we recommend its approval. SCD/ cc: Melissa Prindiville PAPROJECTSTBGMEM0\2101 \2101 zr THE FOLLOWING PLANS ARE EXPECTED TO BE HEARD MAY 39 2001 COUNCIL MEETING LEGACY PLACE PCD MASTER PLAN (ORDINANCE 10, 2001) LEGACY PLACE COMMERCIAL SITE PLAN (RESOLUTION 58, 2001) LEGACY PLACE RESIDENTIAL SITE PLAN (RESOLUTION 59, 2001) g s� m' a^ ac m° g� < n �n I � - b b �1 o �+ 0 D I y W WO zo D QI I� sib I I � FECP RN � 1A s IS ,'I � #� o w b = UE U a ` -. 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PLACE BTAK COMPANY SALAZAR P2oj=-CT ARCHITECTS & PLANNERS PALM BEACH GARDENS N . —��� L Ilflli e N1'l� I!II i WN MOURIZ LEGACY . PLACE BTAK COMPANY SALAZAR P2oj=-CT ARCHITECTS & PLANNERS PALM BEACH GARDENS N r W - C r—. v z z m r m a z CAI 000000000 ®000rn s Ag o D € g � �Illlmll m - r m r r+� m x U) V mi m m a 1 O z t!1 MOURIZ p H _ BEZTACOMPANY V ALA Z A R PPO CT- ARCHITECTS & PLANNERS PALM BEACH GARDENS i e 1 lip C_ — _ 4-• c�- Q u_v_h'� -1 / s� 'I 4 u.JL� cam. �r Pe, - 1, fi' i dt 4JJ _ /0 eb - - N S- 3 -� b o 'r -. , y It �_ 3�1 GK /O� 'Z3 j' ,.1 /* f fyy�J 1�r f� Y� Ron Ferris From: Anne Miller Sent: Thursday, May 03, 2001 4:58 PM To: Ron Ferris Subject: FW: Phone conversation with Council Woman Lauren Furtado Hi Ron - FYI - - I will provide updates as I receive them. If you have any questions, just let me know. - - - -- Original Message---- - From: Jay Spencer Sent: Thursday, May 03, 20014:34 PM To: James FitzGerald Cc: Anne Miller Subject: Phone conversation with Council Woman Lauren Furtado On May 3, 2001, at approximately 10a, I had a phone conversation with Council Woman Lauren Furtado at her request. Lauren wanted to make the police department aware of two separate projects that she is involved with. First, Palm Beach Gardens High School is exceeding the maximum allowable persons (students) in their cafeteria during lunch periods. She is trying to remedy this situation through the Fire Dept. She feels that too many students in the cafeteria is analogous to increased student tensions, fights etc., not- withstanding being a fire hazard. Second, she is trying to improve driver sight lines at those intersections where there is a crosswalk, specifically the eastbound traffic on Holly Drive approaching Military Trail. Because vehicles are required to stop behind the stop bar and crosswalk, it inhibits the sightline to opposing traffic, thereby preventing safe advancement into the intersection. I will apprise you of the details at the next opportuntiy we have to speak together. CITY OF PALM BEACH GARDENS MEMORANDUM ?'u' TO: Suzanne Lansford DATE: 4/30/01 Lindahl, Browning, Ferrari & Hellstorm, Inc. FROM: Ernie Carr, Commander SUBJECT: Burns Road Tunnel and Other Telecommunications We have reviewed the drawing and other information you sent on the Burns Road tunnel. The following is an assessment of the requirements necessary to facilitate security within the tunnel and conduit and other telecommunications that would enhance the Burns Road project for the City of Palm Beach Gardens. Our proposed design for security of the 75 foot tunnel under Burns Road would require three (3) video cameras one at each end and one in the center with a wide angle lens focused on a ring down telephone device (Viking, heavy duty with push button connection) that connects to Dispatch Operations. The cameras would connect to our existing security system and be monitored in Dispatch Operations (expansion unit required). Also installed would be a number of motion detectors in the tunnel that would cause a chime at Dispatch to alert operators when people are present in the tunnel. Additionally, approximately 1000 feet of 2 -inch conduit with innerduct, 6 -strand fiber optic cable, and 6 pair shielded telephone cable would be needed. Handhold boxes should be place at the appropriate distances for pulling cable. An additional request NOT related to the tunnel project is that two (2), 2 inch conduit with innerduct and #200 pull strings, conduit plugged at both ends, with handhold boxes be installed from the complex to the east entrance to the ball fields, cross Burns Road, down the south side of Burns Road to Public Works, 3704 Burns Road. This will allow for the installation of fiber and telephone cable to Parks and Recreation and Public Works, which will eliminate present and future reoccurring cost for frame relay and telephone line costs from Bellsouth, allowing direct connect to the existing city telephone system and fiber network. This information is for design purposes only and is not to be considered a complete or partial specification. 05/03/2001 THU 15:12 FAX 355 6094 R. MARCUS WPB Board of County Co— d- Losionets Warren IL Newell. Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson May 3, 2001 The Honorable Joe Russo, Mayor and City Council Members City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Russo and City Council Members: 10002 County Adratnistrator Robert Weisman City of P.B. Gardens MAY 3 209 bKuvv m MANAGEMENT- DEPARTMENT BY FAX: 799 -4281 At tonight's City Council meeting, you will be considering the Legacy P ace PCD Master Plan. As you know, my office has been involved in this issue in an Effort to protect the residents on unincorporated Monet Terrace. As you'll reca'I at the Previous City Council meeting when this was discussed, you agreed to a cc-ndition of approval for an eight foot wall along the rear property line of the Monet Terrace residents. I know the residents are very appreciative of that requirement. There are three outstanding issues that I would like to bring to your attention and I would respectfully request your support in seeing that these items .are also required as conditions of approval for this project. 1. A utility line currently exists on Legacy Place property that serves the residents of Monet Terrace. I would like your support in getting this utility line buried underground. and moved into the existing tan foot utility easement that exists in the backyards of the Monet Terrace residents. The three utility companies, FPL, BellSouth and A aelphia Cable have estimated the cost would be less than $100,000 to bury the line and I have committed to splitting the cost with the de\ieloper. Burying the line will allow more landscaping options on the Legacy Place side of the wall which will enhance the resident's view fro m their backyard. R "An Equal Opportunity Affirmative Action Employer" O. Box 1989 West Palm Beach, Florida 334021989 (561) 355 -2001 Fare (561) 3551990 W P. pdnred on Mgded paper www pbcgovcom 05/03/2001 THU 15:12 FAX. 355 6094 R. MARCUS WPB 0 003 2. As currently designed, the eight foot wall will end at the backyard of the most northern home on Monet Terrace. Unfortunately, this leaves a gap in the buffer for this homeowner. Since the Fairchild Gardens /Legacy Drive intersection will be a major intersection, I would like your consideration in having the wall extended along Fairchild Gardens Drive for the length of the two homes at the northern end of Monet Terrace. I've enclosed -a sketch which depicts this request. 3. Lastly, I would appreciate the Council's consideration in requiring the Legacy Place developer to install landscaping on the resident's side of the wall. I appreciate your consideration of these requests. Sincerely, nre .Marcus County Commissioner XVIRM Enclosure 05/09/2001 THU 15:12 FAX 955 6094 R. 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