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HomeMy WebLinkAboutAgenda Council Agenda 080201i City of Palm Beach wardens 0 Mayor Russo Council Agenda August 2, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Council Member Furtado Vice Mayor Jablin Council Member Sabatello • • I. II. III. IV. 1`A CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 2, 2001 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a. Proclamation — Southeast Shriners 2005 Convention -Palm Beach Gardens. 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 June 21, 2001 Regular City Council Meeting. b. Consideration of approving Minutes from the June 21, 2001 City Council Workshop Meeting. C. Consideration of approving Minutes from the July 5, 2001 Regular City Council Meeting. d. Consideration of approving Minutes from the July 5, 2001 City Council Workshop Meeting. e. Resolution 105, 2001 — Fire Station No. 3, Howell Lane - Dedication of Easements and Acceptance of Reservations. Consideration of executing the dedication of easements and acceptance of reservations for the Fire Station No. 3 Plat (Howell Lane). f. Resolution 106, 2001 — Fire Station No. 3, Howell Lane -Plat. Consideration of approving the Fire Station No. 3, Howell Lane Plat. g. Resolution 118, 2001 - NorthCorp Art. Consideration of approving the Art in Public Places proposal for the Northcorp Planned Community Development, located between Burns Road and RCA Boulevard and between Alternate A 1 A & I -95, as more particularly described herein; providing for conditions. CY/11 h. Resolution 120, 2001 - Frenchman's Reserve "Pod F." Consideration of approving a Site Plan Application for "Pod F" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 80 semi - custom and custom single - family homes, located approximately '/4 mile east of the intersection of Hood Road and Alternate A 1 A, and as more particularly described herein; providing for conditions of approval providing for waivers. i. Resolution 121, 2001 - Frenchman's Reserve "Pod D." Consideration of approving a Site Plan Application for "Pod D" located within the P% Frenchman's Reserve Planned Community Development, allowing for the �J development of 77 semi - custom single - family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate A 1 A, and as more particularly described herein; providing for conditions of approval providing for waivers. j. Resolution 122, 2001 - Parcel 8 at Mirasol Site Plan. Consideration of approving a Site Plan Application for "Parcel 8" located within the Mirasol Planned Community Development, allowing for the development of 35 custom single - family homes, located approximately 1 mile north of the intersection of PGA Boulevard and Jog Road, and as more particularly described herein; providing for conditions of approval; providing for waivers. k. Resolution 124, 2001 - Frenchman's Reserve "Pod G" Lot 3 Phasing. Consideration of amending Resolution 80, 2001 and providing for approval of a Site Plan Amendment Application to Frenchman's Reserve "Pod G," allowing for the re- designation of one lot (Lot 3) from Phase 2 to Phase 1, to be used as a temporary "Design Center," located approximately '/4 mile east of the intersection of Hood Road and Alternate A 1 A, and as more particularly described herein; providing for conditions of approval; providing for waivers. Resolution 125, 2001 - Temple Beth David Plat. Consideration of approving the Temple Beth David M. Resolution 126, 2001 - Replat of Marina Gardens Plat. Consideration of approving the replat of Marina Gardens Plat. n. Resolution 128, 2001 -Award of Bid/Fire Station #3. Consideration of awarding a bid for the construction of Fire Station No. 3 to Ahrens Enterprises, Inc. DB /A Ahrens Companies and authorizing staff to negotiate an agreement. IX. PUBLIC HEARINGS: a. Ordinance 11, 2001 - Road Impact Fees Amendment. (Second Reading) An ordinance of the City Council of the City of Palm Beach Gardens, v Florida, relating to road impact fees; amending Sections 49, 50, 51, 54, 55 and 57 of Division IV, "Citywide Impact Fees," of Article I11, "Development Review Process," of the City's Land Development Regulations to delete references to "Collector Roads" and to clarify those and credits for the of provisions relating to alternative payments payment - road impact fees; providing for codification; providing for severability; and providing for an effective date. b. Ordinance 13, 2001 — Hidden Hollow PUD Amendment. (Second Reading) Consideration of approving an application from Fercon Florida, Inc. to amend a previously approved Planned Unit Development by deleting Section 7 of Ordinance 16, 1987, as amended, that requires, by a date certain, the complete construction of the 51 single- family residential (�`� o units on the Hidden Hollow Planned Unit Development (PUD) Site, located on the south side of Northlake Boulevard, '/2 mile west of Military Trail, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date. J �R' P' Telecommunications Right Ordinance. c. Ordinance 17, 2001 - -of -Way (Second Reading) An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to communications facilities in public ( rights -of -way; amending Chapter 62 of the City Code of Ordinances to P, create a new Article VII entitled "Placement of Communications Facilities e in Rights -of- Way;" providing for definitions; providing for registration for (�q-� placing or maintaining communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment of assets in public Srights -of -way; providing for placement or maintenance of a X. RESOLUTIONS: a. Resolution 85, 2001 — PGA National Office Center Sidewalk. Consideration of approving an application from PGA of America for an amendment of a previously approved Site Plan by granting a waiver from Section 256 of the City's Land Development Regulations (LDRS), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, as more particularly described herein, and to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend its sidewalk from the northern limit of its property to PGA Boulevard; providing for a waiver. b. Resolution 116, 2001 — Appointing a Member to the Board of Trustees of the General Employees' Pension Plan. Consideration of appointing Holly Luzader as a member of the Board of Trustees of the General Employees' Pension Plan. C. Resolution 119, 2001 — Reappointing Members to Art Advisory Committee. Consideration of reappointing one regular member and one Alternate member to the Art Advisory Committee. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. . communications facility in public rights -of -way; providing for suspension of permits; providing for appeals; providing for existing communications facilities in public rights -of -way; providing for insurance; providing for indemnification; providing for construction bond; providing for security fund; providing for enforcement remedies; providing for abandonment of a communications facility; providing for force majeure; providing for reservation of rights and remedies; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. in /' ✓4 e. yc f. O 0Qod o acA G- v c.w,u .Ordinance 18, 2001 - Mirasol PCD Amendment. (Second Reading) Consideration of amending Ordinance 8, 2000, the Development Order for the Mirasol Planned Community District (formally known as Golf Digest Planned Community District), by adopting an amended Development Order; providing for amendment of the Master Development Plan to reconfigure golf and residential parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 19, 2001 - Parcel 34.01 Congress Plaza West Land Use Change (Second Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Resolution 81, 2001 - Regional Center NOPC Altering Master Plan Parcels 27.09 & 27.13. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the Community Serving Open Space Area around Lake Victoria, increase the square footage of Commercial Uses by 278,888 square feet, and amend condition #1 to establish and adopt a Land -Use Conversion Matrix; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. FILE No.298 08/02 '01 16:56 ID:URBAN DESIGN STUDIO FAX:5616890551 PAGE 1/ 1 August 2, 2001 Mr. John Lindgren, Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33401 RE: REQUEST FOR POSTPONEMENT OF PGA OFFICE CENTER SIDEWALK PBG PETITION - MISC-00 -23 OUR REF.:# 00- 000.00 (GA) Dear John: Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Please accept this as our request to postpone the hearing of this petition before the City Council from approval at their August 2, 2001 meeting to the August 16, 2001 meeting. It is the intent of the petitioner to meet with the City prior to being heard by the City Council in an effort to address the City's concerns. If you have any questions or concerns regarding this request, please call me immediately. Thank you for your time and work you have provided in reviewing this petition. Since/ Urbai Hank Principal cc: E. Llwyd Ecclestone, Jr. Andrew Deitz I 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax G, �C' bMMO NV obs\ P (iA\Mi4cAmd- (0NP4•alM)tichr.080:n I .wpd LCC 35 Irvine, CA 714.489.8131 FORM COUNTY, I ♦SI %A%II IIIt,I ♦ % %II %A % I I IM. 11 DIIRI I'll CI IY 813 MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS MII)I)I I %AMF I ?l. \Mt:OF HOARD. ('OIiN( 11 . COMMISSION. AU I IIORII Y. UR CUMMIIIE:E DATE ON W'HIC'H VOI F O( "CI'RRFD COUNTY I HI- HOARD. COUNCIL. COMMISSION. AUl'HORITN OR COMMI17EE Oh WHICH I SERVE IS A UNIT OF a cn y a COUNTY O OI HER I OCAL AGENCY NAME OF POLITICAL. SUBDIVISION: MY POSITION IS WHO MUST FILE FORM 88 C3 ELECTIVE a APPOI%TIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3133. Florida Statutes. Your responsibilities under the lase When faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the'instructions on this form before completing ;he reserse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elect I%e :ount municipal. or other local public office MUST ABSTAIN from noting on a measure Which inures to his special private gain. Each local officer also is prohibited from knosingly voting on a measure Which inures to the special gain of a principal (other than a gosernment agency) by Whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly hating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form With the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS A person holding appointise county, municipal, or other local public office `IUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. f F -"R.A .H • PROCLAMATION CITY OF PALM BEACH GARDENS STATE OF FLORIDA WHEREAS, Shriners are dedicated to serving the less fortunate children, regardless of their race, religion or relationship to a Shriner, who suffer from burns, spinal cord, orthopedic and various other diseases; and WHEREAS, the Shriners of North America have a budget of over $567, 000, 000 dedicated to 22 Shriners,' Hospitals for Children throughout North America; and WHEREAS, the Southeast Shrine Association is planning to hold their 2005 Annual Convention in the City of Palm Beach Gardens, Florida; and WHEREAS, the City of Palm Beach Gardens is honored and pleased to be considered the site for this prestigious annual occasion; and WHEREAS, the City Council, staff, residents and business community of the City support holding this event in Palm Beach Gardens and offer the Shriners, their families and friends the utmost hospitality during their experience in our lovely City; and WHEREAS, this Convention promises to be the best ever; and WHEREAS, there are countless ways that Shriners help support Shriners' Hospitals and it is with great pleasure that the City of Palm Beach, Florida elects to support the Southeast Shrine in their efforts to have their 2005 Convention in our City. NOW, THEREFORE, 1, Joseph R. Russo, by virtue of the authority vested'in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim support for holding the Annual 2005 Southeast Shrine Convention in the City of Palm Beach Gardens and urge all citizens to support this noble cause. Attest IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of August, Two Thousand - One. Mayor Joseph R. Russo .Carol Gold, MMC, City Clerk = • • • Public lnformatton Monthly Report June 2001 Public Information Related Activities Television Reports • Channel 5 report on Legacy Place June 22, 2001 • Channel 25 report on Kids Art at Riverside Community Center June 27, 2001 Some of the written coverage included: • Monthly PGA C.A.N. Article • Parents of patients pitch in to rescue Gardens therapy center for children (Palm Beach Post) • PBG will spend $17,000 to get rid of mold in Fire Station (Weekday) • Why can't gates be opened in PBG before flooding starts? (Weekday) • Nobody asked me, but (Weekday June 10 -16, 200 1) • Gardens manager's residence creates stir (Palm Beach Post) • Apartments face uncertain future (Neighborhood Post) • State's test flawed, not schools or students (Neighborhood Post) • Beginning June 25, Lighthouse Drive will be closed at Alternate AlA (Palm Beach Post) • Youngster to support diabetes research (Palm Beach Post) • PBG will spend $600,000 to clean up Gardens Park (Weekday) • Palm Beach Gardens High School awards 380 diplomas to Seniors (Weekday) • William T. Dwyer High School presented 350 diplomas on Graduation Day (Weekday) • Palm Beach Post editorial Make move in Gardens • Preserve mixes fun, learning for summer (Palm Beach Post) • Towns vying for right to annex neighborhoods (Palm Beach Post) • Gardens policeman KOs opponent in Miami bout (Neighborhood Post) • _Education projects benefit from 'Tea time in the Gardens' fund.,raiser (Palm Beach Post) • Theaters, upscale shops planned by Gardens Mall (Palm Beach Post) • The city will be spraying for mosquitoes Monday through Friday next week. (Palm Beach Post) • City Clerk Carol Gold has been elected (Palm Beach Post) • Well- dressed gunmen kill 1 in Gardens home invasion (Palm Beach Post) • Man charged in P.B. Gardens home invasion shooting death (Palm Beach Post) • Man killed outside mobile home in P.B. Gardens (Palm Beach Post) • Police say man shot neighbor in self - defense, won't be charged (Palm Beach Post) • Congratulations to the class of 200.1 ad in Weekday • Kudos - -Palm Beach Gardens City Clerk Carol Gold has been elected -- (Weekday) • Photo of Mayor Russo with Jason Malak (Weekday) • Lighthouse Dr. at Alt AlA will be closed starting Mon., June 25 (Weekday) • Photo Gardens staff learning to approach change as being positive (Weekday) • Police have identified William J. Russo Jr., 48, of Lot 116, as the man who was shot and killed Wednesday (Palm Beach Post) • Developers drop lawsuits against 2 men who opposed Gardens Drainage project (Palm Beach Post) • Gardens girl joins appeal to fight against diabetes (Palm Beach Post) • Gardens might lose grant for beautification (Neighborhood Post) • Officers turn kiddie hobby into business (Neighborhood Post) • Let Venus, Serena be stars of the show (Palm Beach Post) • Venus in'merciless' form (Palm Beach Post) • Pulling the plug on Swampfest (Palm Beach Post) • At Gardens City hall, it's art for art's sake (Palm Beach Post) • Gardens July 4 pool party (Weekday) • Photo entitled Wow, what a pain (Weekday) • Palm Beach Gardens Fire Rescue wins Award of Excellence in the Advanced Life Support competition (Weekday) • The Gardens of the Palm Beaches purchases life saving device for shopper safety (Weekday) Press Releases a • Outstanding high school seniors honored at June 7, 2001 City Council Meeting • Mosquito spraying from June 25, 2001 - June 29, 2001 in the City of Palm Beach Gardens • City Clerk, Carol Gold elected Southeast Director of the Florida Association of City Clerks • Lighthouse Drive will be closed at Alt. AlA beginning June 25, 2001 for six weeks 0 • Hampton Inn received proclamation for being the.Numiser.,LHampton Inn in the World at June 21, 2001 City Council Meeting Special Event Permits • Pep Boys Sidewalk Sale June 9, 2001• • Trinity Methodist Bible School Helicopter Landing June 13, 2001 • Unified Youth Sports Festival June 23, 2001 • Happy Holiday Sparkler Sale (Loehmann's Plaza) June 28 July 4, 2001 • Happy Holiday Sparkler Sale (Jerry and Joe's Market) June 28- July 4, 2001 • Sports Authority July 4`h Holiday Sale June 28 -July 8, 2001 • Gardenia Gardens Neighborhood July 4`h Party July 4, 2001 • Cosmos Street 2 "a Annual July 4`h Block Party July 4, 2001 • 1" Annual Block Party Lighthouse Drive July 4, 2001 • Dania Drive July 4`h Block Party July 4, 2001 • Police Department's National Nite Out August 7, 2001 • Style Ventures, Inc. Florida Skate 400k November 16, 2001 • Denied permit request for Swampfest 2001 0 Public Information Special Projects • Published monthly edition of City Hall Gazette • Coordinated with City Clerk reception for Outstanding Seniors June 7, 2001 • Photographed outstanding seniors and other award recipients June 7, 2001 City Council Meeting • Assisted with promotion of Golf Club Luncheon June 8, 2001 • Attended and photographed Golf Club Luncheon June 8, 2001 • Held Communication Team Meeting June 13, 2001 • Organized the State of Florida Department of Vocational and Rehabilitation Services Public Meeting June 14, 2001 • Continued to assist Police Department witkplans for Police National Night Out August 7, 2001 • Energy Task Force Meeting with FP &L representative to conduct energy audit of city buildings June 5, 2001 Is • Lunched with representatives form the Shrine Club, Doubletree Hotel and Palm Beach County Tourist Development Council regarding the Shrine Convention to possibly be held in the City in 2005 • Attended and photographed the reading of Governor Bush's Proclamation to the Shrine Club on June 29, 2001 • • • Citizen Services Related Activities - - - - COMPLAINTS /ISSUES /SERVICE REQUESTS/INQUIRIES • Received and processed 6 complaints through the "One Stop Shop" phone number all have been fully resolved. • There are now a total of 13 outstanding complaints in the Citizen Services Division, broken down as follows: • Administration -0 • Growth Management —0 • Code Enforcement —1 • Public Works -12 • Police Dept. -0 • Processed, received, collated and filed 48 new (June) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 38 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 70 new and completed complaints. Neighborhood Program • Held one GNA meeting on June 25, 2001 • Sent out notices to Burns Road businesses regarding the street flooding traffic plan. BIG Program • Collected $650.00 for the BIG program and this brings the total collected to date for the BIG Program to $25,400.00. VOLUNTEER PROGRAM • Utilized 16 volunteers for a total of 179 hours at a savings to the City of $2,559.70. _ CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 21, 2001 The June 21, 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 found to be in attendance: Vice Mayor Eric Jablin, Councilmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent from the meeting. PRESENTATIONS Vice Mayor Jablin read a proclamation recognizing the achievement of Palm Beach Gardens Hampton Inn, designated the best Hampton Inn in the world for the year 2000 and the first quarter of 2001. ITEMS AND REPORTS BY MAYOR AND COUNCIL Vice Mayor Jablin introduced elected official Jeff Atwater, who reported that the Turnpike Authority had indicated to the MPO that they intended to place a turnpike interchange directly behind Steeplechase in a T -bone interchange leading over the turnpike westward to Jog Road and they would build Jog Road from 710 to their interchange. The MPO had asked that discussion on this be tabled. Mr. Atwater had advised the Turnpike Authority representative that he did not favor this proposal. Vice Mayor Jablin called on Chief Bergel, who reported Public Broadcasting Station had filmed a documentary on automatic defibrillators at PGA National and that City personnel had participated in the show which would be shown on national television, and PBS had agreed to donate an automatic defibrillator to the City. Councilmember Sabatello recommended and received consensus to send a letter of congratulation to the new Principal of Dwyer High School and to express the City's support. CITY MANAGER REPORT Public Information Report - City Manager Ferris indicated he was available to answer any questions regarding the report which had been included in the packets. REORDER AGENDA: Councilmember Clark made a motion to reorder the agenda to hear Item for Discussion XIII (b) regarding the FEC Railroad Crossing immediately following comments from the Public. Motion was seconded by Councilmember Sabatello and unanimously carried by 3' -0 vote. COMMENTS FROM THE PUBLIC: Richard Orman expressed concern regarding proposed changes to the comprehensive plan requested by developer WCI, and urged that staff be.very careful about letting developers dictate changes rather than the residents. The Vice Mayor indicated there would be ample opportunity for residents to comment during the public hearings. Pat Hughey expressed concern over an incident where her grandchildren had gone to Lake Catherine to play ball when no games were scheduled and had not been allowed to play there, and that the Burns Road playground gates had been locked and children were not allowed to.play there either. 2 Mrs. Hughey was upset that her tax dollars were spent for playgrounds on which children were not allowed to play and requested help from the City Council. Mrs. Hughey expressed thanks to the Police Department for a quick response to an elderly resident during the past week. Mrs. Hughey was requested to contact the City Manager regarding use of the playgrounds.. CONSENT AGENDA: Councilman Clark made a motion to approve the Consent Agenda. Councilmember Sabatello seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the Consent Agenda: a. Minutes - Consideration of approving minutes of the May 17, 2001 Regular City Council City Meeting. b. Resolution 61, 2001 - Uniform Traffic Control Agreement. Consideration of approving an agreement with The Meadows Resort Partnership for uniform traffic control on private streets and roadways in the Meadows Community. C. Resolution 92, 2001 - DiVosta and Company Deed. Consideration of accepting a deed from DiVosta and Company for a tract of land within Plat No. 4, and authorizing recordation of the deed in the Public Records. d. Resolution 96, 2001 - Lease Agreement with Sprint Spectrum L.P. Consideration of executing a lease agreement with Sprint L.P. for the installation and operation of a wireless telecommunications facility at 11401 Northlake Boulevard (City's Municipal Golf Course). e. Resolution 98, 2001 - NorthCorp PCD Lots 10 & 11 Covered Parking Waiver. Consideration of approving a major site plan amendment for the construction of three covered parking structures over an existing portion of Lot 10 and Lot 11 of South Park center (a.k.a. 4600 East Park Drive) within the NorthCorp Planned Community District; providing for a waiver; providing for a condition of approval. f. Resolution 99, 2001 - Regional Center Parcels 27.09/27.13 (a.k.a. Legends at the Gardens) and Water Management Tract 3 -B Plat. Consideration of approving the Regional Center Parcels 27.09/27.13 and Water Management Tract 3 -B Plat. ITEMS FOR DISCUSSION: FEC Railroad Crossing - Consideration of a request by Roger Blangy to repeal Resolution 147, 1999, which supports a planned at -grade railroad crossing at Kyoto Gardens drive and Alternate AIA. Vice Mayor Jablin reported on work to obtain a quiet zone extending from Donald Ross Road to Lighthouse Drive and showed a video of crossings that had been fitted with new safety barrier gates. The Vice Mayor indicated he wanted to continue working toward getting a quiet zone. Principal Planner Steve Cramer explained that deleting the railroad crossing would delay the Flyover project and add considerable cost to re -do the plans. Growth Management Director Charles Wu reviewed the impact on the CRALLS designation in the event of elimination of this railroad crossing, which included revisiting of the CRALLS application, re- negotiation of the settlement agreement, amendment of the comprehensive plan, revisiting the linkage plan and the City's CRALLS designation, revisiting the PGA Flyover design, re- review of project 5A which received concurrency based on the existing linkages, and noted that future projects requesting concurrency needed the CRALLS. The City Attorney commented a lot of projects needed the CRALLS for concurrency and . if the CRALLS was not granted PGA Boulevard would have to be widened or there would be potential liability from landowners who could not develop their property. Vice Mayor Jablin proposed an alternative of a quiet zone and closing Kyoto Drive at 10 p.m. Roger Blangey read a a letter from FEC Railway-to the City Manager opposing the at -grade crossing at the proposed location and asked what the Vice Mayor would do to gain acceptance of the at -grade crossing. The Vice Mayor proposed to increase safety by providing supplemental safety measures on each of the six grade crossings in the City using new technology, and commented that the FEC was asking to build another flyover in lieu of the grade crossing, that the same number of trips would move to another crossing if this one was deleted, that FDOT had sole authority to approve crossings and it would be left in their hands. Discussion ensued. Sharon Long, Garden Woods resident, expressed support for a quiet zone and requested a better computer traffic model from the County. Vice Mayor Jablin read from a letter indicating the County could take away the City's CRALLS designation if Kyoto Drive was deleted from the City's linkage plan. John Arosa, Plat 4 resident, indicated support for a quiet zone but was against the proposed at -grade crossing before the quiet zone was instituted, and suggested a noise study, and a study which might indicate the crossing was not really needed. Vice Mayor Jablin reported he had contacted four of the major developers on the corridor and all had pledged to help with funding the quiet zone and the supplemental safety measures. The Vice Mayor expressed his belief that if everyone worked together the quiet zone would become a reality. An alternative crossing location was suggested. Bob Kaplan, 102 Windward Drive, expressed his opinion that everyone must establish in their own minds if the Kyoto Crossing was needed to relieve the traffic on PGA, and if that was the case, the risk to the City by not having that crossing to relieve the traffic became much greater than should be acceptable to the entire City because of its cascading effect on development. Mr. Kaplan did not favor a second flyover, and supported the grade crossing helped with CRALLS and the development, and if so, to pursue the quiet zone and supplemental safety measures. Councilmember Sabatello indicated he understood the residents wanted Resolution 147, 1999 because of the noise, but the noise would be about the same after moving the crossing, and a City -wide network was now what needed to be considered. Councilmember Sabatello favored pursuing the quite zone and supplemental safety measures, advised that the County dictated to the City the traffic performance and determined roadways, and indicated he saw no reason to repeal Resolution'147, 1999. Councilmember Clark stated he agreed with Councilmember Sabatello, and commented that the City Council's goal was to work hard to determine the best interests of the entire City and when that resulted in a negative for residents of a particular neighborhood to do their best to take away that negative in some other way, which was what was being done here. Councilmember Clark indicated that efforts would continue to get rid of the train noise and he said there is no reason to repeal Resolution 147, 1999.. Vice Mayor Jablin indicated he would provide updates on his efforts. PUBLIC HEARINGS: Ordinance 19, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 19, 2001 - for consideration of first reading. An ordinance o? the City Council of the City of Palm Beach Gardens, Florida, amending the comprehensive plan of the City of Palm Beach Gardens by changing the land use designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs, providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 19, 2001 to July 5, 2001. Motion was seponded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 20, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 20, 2001 - for consideration of first reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation for parcels known as 31.08 and 31_11, totaling approximately 80.55 acres, located at the northeast and northwest corners of Central Boulevard and I -95, from mixed use to residential high; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 20, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 21, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 21, 2001 - for consideration of first reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation to allow for golf testing facilities and other golf related uses with up to 15,000 square feet of building area; providing for transmittal to the Department of Community Affairs, providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 21, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 22, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2001 - for consideration of first reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 22, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 23, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 23, 2001 - for consideration of first reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01 located at the northwest corner of PGA Boulevard and Central Boulevard; providing for severability, providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 23, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 24, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2001 - for consideration of first reading. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadway #15 and #12 from the Conceptual Thoroughfare Plan between Alternate A 1 A and Military Trail; providing for severability; providing for conflicts; and providing for an effective date. Councilman Clark made a motion to continue Ordinance 24, 2001 to July 5, 2001. Motion was seconded by Councilmember Sabatello and carried by unanimous 3 -0 vote. Ordinance 25, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 25, 2001, for consideration of first reading - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Article IV, "Zoning Districts," of the land development regulations of the City of Palm Beach Gardens by amending Section 93, "Permitted Uses, Conditional, and Prohibited Uses," subsection 0)(66), 'Excavation and Fill, and Borrow Pit Operations" to allow excavation and fill operations as an independent development order; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu explained that developers with excess fill would be able to move it to other areas within the City with this proposed change. Hearing no comments from the public, Vice Mayor Jablin declared the public hearing closed. Councilman Clark made a motion to place Ordinance 25, 2001 on first reading by title only. Motion was seconded by Councilmember Sabatello and carried by unanimous 34. -vote. The City Clerk read Ordinance 25, 2001 on first reading by title only. RESOLUTIONS: Resolution 100, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, relating to the collection of permit fees from providers of communications services and the local communications services tax rate; providing for intent; providing for election not to require and collect permit fees; providing for election to increase local communications services tax; providing for notice to the Department of Revenue; providing for severability; providing for conflicts; providing for an effective date; and for other purposes. Finance Director Kent Olson explained the tax would eliminate the City's ability to levy a franchise fee on telephone and cable, which would be replaced by a local communications tax, recommended to be at. 12% to take advantage of State incentives as opposed to collecting a permit fee and using a lower rate. Telephone bills would increase while cable bills would go down, intended to even out. Councilman Clark made a motion to adopt Resolution 100, 2001. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. Resolution 101, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, relating to the local communications services tax rate; providing for intent; providing for an increased focal communications services tax rate; providing for notice to the Department of Revenue; providing for severability; providing for conflicts; providing for an effective date; and for other purposes. Finance Director Kent Olson explained this was the same topic as Resolution 100, 2001, setting future tax rates. Councilman Clark made a motion to adopt Resolution 101, 2001. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. Resolution 102, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an amendment to memorandum of agreement of May 18, 2000 with the Florida Department of Transportation for the beautification and maintenance of PGA Boulevard (S.R. 786); and providing for an effective date. Growth Management Director Charles Wu provided an update on median landscaping on PGA Boulevard from Fairchild Gardens to U.S. One, which would be revisited within the next few months, to request approval of the landscape plan, and to amend the landscaping maintenance agreement to extend to U.S. One. The City would be responsible for maintaining three landscape islands. Donaldson Hearing, representing the Florida Department of Transportation, presented the landscape plan that would eliminate vegetation that blocked clear sight triangles, and provide replacement groundcovers that would meet current requirements. Mr. Hearing explained that as many trees and landscape materials as possible would be retained. Councilmember Sabatello requested the City Manager to research whether efforts to avoid removing landscaping had been exhausted. Flyover and WCI roadway median landscaping • s was discussed. The City_ Forester clarified Fathoms Restaurant maintained the embankment and the City did not extend that maintenance requirement for the landscape island, and those possible upcoming Waterway Cafe and Soverel Marina projects could be required to maintain the other two islands. Initial funding of irrigation was discussed. Mr. Hearing described the landscaping for the island close to U.S. One. Councilman Clark e� pressed a preference for two trees in that median and agreed with Councilmember Sabatello that he wanted to see if more trees could be preserved. The City Attorney clarified that this resolution was only for the landscape maintenance of the islands. Mr. Hearing indicated variances had been approved on other projects. Councilman Clark made a motion to adopt Resolution 102, 2001. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. . . Resolution 103, 2001- A Resolution of the City Council of the City of Palm Beach Gardens, Florida, granting one waiver to the requirements of Policy 1.1.5.L(a).2 of the Future Land Use Element of the City's comprehensive plan for the minimum size threshold for parcel 18.A02, which consists of approximately 9.3 acres; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu explained this property existed prior to the required date and would not further urban sprawl; therefore, staff recommended approval of this resolution. Attorney Ray Royce spoke on behalf of the applicant, Florida Power & Light. Councilman Clark made a motion to adopt Resolution 100, 2001. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 13, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Fercon Florida, Inc. to amend a previously approved planned unit development by deleting section 7 of ordinance 16, 1987, as amended, that requires, by a date certain, the complete construction of the 51 single- family residential units on the Hidden Hollow Planned Unit Development (PUD) site, located on the south side of Northlake Boulevard, 1/2 mile west of Military Trail, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the application. Michael Sabatello, representative for the applicant, described progress to date on the project. Councilman Clark made a motion to place Ordinance 13, 2001 on first reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 13, 2001 on first reading by title only. Ordinance 18, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Ordinance 8, 2000, the development order for the Mirasol Planned Community District (fk.a. Golf Digest Planned Community District), by adopting an amended development order; providing for amendment of the Master Development Plan to reconfigure golf and residential development parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. Principal Planner Karen Craver presented the project. Vice Mayor Jablin requested a commitment from the School Board so that the proposed school site would not revert back to the developer before second reading. Anne Booth, Urban Design Studio, representative for the applicant, described the proposed reconfigurations. Ms. Booth explained there was full disclosure to all prospective homeowners of the proximity of the Seacoast Utility plant. Councilmember Sabatello disclosed he was a builder in a pod unaffected by the amendment. Jim Harvey, Taylor Woodrow Company, advised there were pipes connecting the two sides of the preserve primarily for hydraulic connection but which would also facilitate crossings. for small animals. Councilman Clark recommended other passages for animals. Councilman Clark made a motion to place Ordinance 18, 2001 on first reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 18, 2001 on first reading by title only. ITEMS FOR DISCUSSION: , Linda Hughey, Reed Drive, commented the softball program had 25 participants, and that George was doing a great job. Mrs. Hughey questioned why swales on her street were being done in unrelated areas which was not cost effective, and reported she had heard placement was complaint driven. Vice Mayor Jablin advised that City Manager Ferris would contact Mrs. Hughey. Alternate Al Roadway Beautification Grant - Growth Management Director Charles Wu advised this beautification was from Burns Road going south 1,000 feet and listed the costs which the City would incur by accepting this grant, which had not been included in the budget workshop. Councilmember Sabatello indicated this was expensive for such a short piece of roadway and there were other areas where the money could be better used at the present time. Vice Mayor Jablin agreed; Councilmember Clark disagreed. Mr. Wu asked if staff should pursue more grants of this type. Vice Mayor Jablin requested staff pose this question at another meeting when a full Council was present. Staff received direction to release the grant. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Sabatello, carried 3 -0, the meeting was adjourned at 10:20 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN 15AVID CLARK COUNCILWOMAN LAUREN FURI'ADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL AND PLANNING & ZONING COMMISSION WORKSHOP MEETING June 21, 2001 The June 21, 2001 Workshop Meeting of the Citx Council & Planning & Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order at 6:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin, Counclmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent. The following members of the Planning & Zoning Commission were in attendance: Chair Dennis Solomon, Vice Chair Craig Kunkle, Jr., Chair Pro Tem Barry Present, Joel Channing, John Glidden, Steven Tarr, Alternate Ernest Volonte, and Alternate David Kendall. Dick Ansay was absent from the meeting. ARCHITECTURAL DESIGN STANDARDS: Growth Management Director Charles Wu thanked the Planning & Zoning Commission for their work, and explained that a draft of architectural design guidelines had been prepared by the consulting firm of Glatting, Jackson, Kercher, Anglin and Lopez. Mr. Wu requested direction from the two boards on implementing and enforcing these guidelines, whether they would be guidelines or zoning regulations, whether they would apply to the whole City or only certain areas, and what style was desired. Mr. Wu explained that the consulting firm had used the original budget and direction was needed before new funding was requested. David Cutner, of Glatting, Jackson, reviewed the guideline principles, which had been divided into two categories: land use and site design principles and building design principles. Mr. Wu explained that the guidelines should not stifle creativity and that style should be discussed. �'Mr. Solomon indicated that many areas of the guidelines were vague, and he preferred they be applied initially as guidelines rather than regulations so they would be flexible, that they apply to a specific area, and that they should not include micro - management. Mr. Glidden expressed his opinion that the present system worked well and that the guidelines were needed only for two areas: smaller projects that were now scrutinized less than larger projects, and to give developers a sense of the direction their projects should take during their planning stage so that a great number of workshops would not be needed. Mr. Glidden agreed with Mr. Solomon that the guidelines should not include micro - management or specifying good and bad design. Mr. Glidden expressed his opinion that the guidelines should apply along PGA Boulevard rather than to the whole City, and should strive for quality design with creativity. Vice Mayor Jablin agreed the guidelines should encourage creativity and should not be requirements. Mr. Tarr expressed his opinion that the City was really not a pedestrian friendly community and the City worked the way it was laid out, but walking could be encouraged within projects and a pedestrian friendly downtown core area could be developed. Mr. Kunkle agreed with the previous comments, stated variety made the City good and a common theme for the whole City should not be imposed. Mr. Solomon suggested that staff work on the guidelines to bring them along, and present them in another workshop, with the consultants playing less of a role to save money. Mr. Channing described buildings in Paris created by micro - management, and favored the guidelines because the MacArthur Foundation was no longer guiding quality of development. Mr. Channing indicated the City was beautiful, and a lot of it was due to landscaping, that the guidelines should be applied City-side, and that he would rather make it harder for new projects in order to assure a better City in the future. Mr. Present agreed with Mr. Channing that the guidelines should be applied Citywide, and that the draft guidelines should be polished and some of the micro- management r� Mr. Sabatello favored the guidelines, indicated that the City needed to develop a consistent direction knowing it would change over time, and that the guidelines should apply City-wide because older buildings would be torn down and the guidelines would be needed for the upgrades. Councilmember Sabatello suggested upgrades to parcels be consistent with the newer nearby projects, that guidelines should enhance creativity, and that clearer direction as to what the City did not. want was needed. Mr. Sabatello questioned whether staff had enough direction to work on this, and complimented the Commission for their work. Councilmember Clark also complimented the Commission for their work that had saved the City Council so much time. Councilmember Clark indicated these should be guidelines rather than regulations, should enhance creativity, should include different types of architecture, should be Citywide, and should be pedestrian friendly. Councilmember Sabatello noted the City Council had been working on conriecting existing corridors to enhance them with pedestrian walkways. Mr. Channing commented strict code enforcement and new infrastructure had been used to start the redevelopment of Miami Beach, and cautioned that the City should not forget the older neighborhoods. Mr. Glidden noted that most of the City Council and the Commission seemed to favor making the guidelines City-wide and if that were done hard core formulas and specifics must be eliminated, suggested considering different project types by looking at examples, and considering a stricter standard on PGA Boulevard. Mr. Glidden acknowledged the need to fund additional monies for the consultant, but suggested an open volunteer brainstorming session that could provide written ideas to the consultant for review and presentation at another workshop, recommending that focus could be on special concerns such as power lines, covered parking, etc. Mr. Wu suggested the Chair be authorized to appoint a subcommittee to meet every other week and work with staff on these issues. Consensus of the City Council was to proceed with appointment of the subcommittee. It was clarified that the meetings of the subcommittee would be noticed and that anyone could attend. Mr. Solomon noted that a recent project had contained two buildings that were mirror images and the Commission needed direction on such items. Mr. Charming indicated the recent practice of holding more workshops to review project concepts had been good. Vice Mayor Jablin thanked everyone for his or her good work. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Sabatello, carried 3 -0, the meeting was adjourned at 7:00 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD, CITY CLERK L CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 5, 2001 The July 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 found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, and Chair Pro Tern Carl Sabatello. Councilmember David Clark was absent from the meeting. PRESENTATIONS Senator Ken Pruitt provided a legislative update, expressed his opposition to a turnpike interchange at Northlake Boulevard, and presented a check to the City for the District Park. Kent Olson, Finance Director, who was leaving the City for a position in Orlando, was presented with a key to the City in appreciation for his years of service. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado announced John Gary had become a first -time grandfather, that his partner's wife was responsible for all of the public school lunches, and that another resident, Bill Myers, would provide a jazz program at the library beginning in October. Councilmember Furtado expressed thanks to George Kelley for changing his sign on Burns Road, and announced that in Florida Trend Magazine four of the top 250 companies listed were in Palm Beach Gardens: two Wackenhut companies, Dicon Industries, and Correctional Properties Trust. Vice Mayor Jablin announced he had met with Derrick Carroll, Director of the Palm Beach Gardens concert band, to pursue ideas about a concert series. The Vice Mayor reported he was also working on a green market. CITY MANAGER REPORT Consultant Services for Stormwater Management - City Manager Ferris announced receipt of a flyer from the Department of Transportation regarding PGA BOULEVARD Bridge closures. The City Manager recommended Lindahl, Browning, Ferrari and Hellstrom, Inc. (LBFH) to provide consultant services for stormwater management under a scope of services not to exceed $46,000. Estimated time for LBFH to provide a report, the result of which would be to list priorities and estimated prices, was discussed. Councilmember Furtado noted the City had already paid LBFH over the years for reports and documentation which they would use in this project, and recommended an in -house engineer take possession of this documentation and coordinate it, and go forward with a master plan. Discussion ensued. Consensus was to move forward at this time with LBFH and save money in the following years. Vice Mayor Jablin made a motion to authorize the City engineer to proceed on the stormwater services. Councilmember Sabatello seconded the motion. During discussion of the motion, Councilmember Furtado asked if there were emergency plans for flood control, to which the City Manager responded standard operating procedures had been upgraded to deal with these problems. The Mayor suggested presentation of a plan to deal with flooding at the Gardens Neighborhood meeting. Motion carried by unanimous 4 -0 vote. Mayor Russo proposed a survey regarding whether City managers in other municipalities lived within their cities. The City Attorney was requested to present this survey at the next meeting. COMMENTS FROM THE PUBLIC: Paula Mag_ ason, 3167B Gardens East Drive, expressed concern with speeders and parking in the swales on Gardens East Drive; that Code Enforcement did not tow the cars from swales; and grass and irrigation were destroyed which the Sandalwood Association must replace. The City Attorney indicated he would coordinate enforcement of the codes. Barbara Broadbeck, 3941 Flag Drive, thanked City staff for a delightful 35 years residency in this City. Ms. Broadbeck commented she had suffered three floods during the past 5 % years since the Church in the Gardens had added a parking lot, and read a letter dated 1995 in which the church had promised to look into this matter. Ms. Broadbeck requested that a temporary structure not be placed at the church site until the drainage problems were resolved, which was Resolution 67, 2001, on the agenda. Roger Blangy, Garden Woods, presented a letter in which he recommended a future Tri Rail station near Parcel 5A and Kyoto Drive to provide access to proposed future shopping areas, a movie theater, and Gardens Mall. Mr. Blangy proposed use of some land owned by Catalfumo Construction Company and his belief that compensation could be worked out, to replace the at- grade crossing near Garden Woods. Mr. Blangy indicated Garden Woods residents opposed the proposed at grade railroad crossing, did not believe a quiet zone could be put in force, and explained that he planned to attend an upcoming FDOT meeting to review the PGA flyover southwest ramp, and requested a representative of Catalfumo Construction Company also attend. CONSENT AGENDA: Councilman Furtado made a motion to approve the Consent Agenda with the date changed in Resolution 114, 2001 from Monday, September 4 to Tuesday, September 4. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Minutes - Consideration of approving minutes of the June 6, 2001 Regular City Council City Meeting. b. Resolution 110, 2001 - Amending Investment Policy. Consideration of approving an amended investment policy. C. Resolution 113, 2001 - Agreement for Disaster Recovery. Consideration of awarding a "piggyback" contract for disaster recovery services to Grubbs Construction Company. d. Resolution 114, 2001 - Changing Dates for Regular City Council Meetings in September. Consideration of changing the regularly scheduled meeting dates for the month of September. e. Resolution 115, 2001 - Financial Assistance Agreement with Palm Beach County for the Burns Road improvements. Consideration of executing a Financial Assistance Agreement with Palm Beach County relating to the Bums Road improvements. f. Resolution 117, 2001 - Florida Intergovernmental Finance Commission. Consideration of amending Resolution 14, 2001 to designating the City Manager as the City of Palm Beach Gardens' representative on the Board of Directors of the Florida Intergovernmental Finance Commission. PUBLIC HEARINGS: Ordinance 19, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 19, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs, providing for severability; providing for conflicts; and providing _for an effective date. Growth Management Director Charles Wu presented the amendment. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Sabatello made a motion to place Ordinance 19, 2001 on first reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 19; 2001 on first reading by title only. Ordinance 20, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 20, 2001, for consideration of first reading, continued from June 21, 2001. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation for parcels known as 31.08 and 31.11, totaling approximately 80.55 acres, located at the northeast and northwest corners of Central Boulevard and I -95, from mixed use to residential high; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the amendment. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 20, 2001 on first reading by title only. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 20, 2001 on first reading by title only. Ordinance 21, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 21, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately 27.5 acres of land, located along Beeline Highway approximately 1,800 feet northeast of the intersection of PGA Boulevard and Beeline Highway, from rural residential -10 to golf tind amending the golf land use designation to allow for golf testing facilities and other golf related uses with up to 15,000 square feet of building area; providing for transmittal to the Department of Community Affairs, providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu announced this application had been withdrawn and no public comment was necessary. Mayor Russo declared the public hearing closed. Ordinance 22, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 22, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting.. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing fof severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the amendment. Mr. Wu reported receipt of communication from the Mayor of Jupiter Karen Golonka requesting continuance. Mr. Wu advised that staff recommended moving forward in order to allow the application to begin the process and that the application would be available for interested parties to comment and for problems to be worked out before second reading, which would allow sufficient time for processing deadlines. Vice Mayor Jablin made a motion to place Ordinance 22, 2001 on first reading by title only. Motigp was seconded by Councilmember Furtado to move this forward but indicated she was concerned with removing linkages. Mayor Russo indicated he was opposed to changing from mixed use to commercial, and' he. did -not want to see Donald Ross Road become big box commercial. Discussion ensued. Hank Skokowski commented that this change in land use did not entitle the applicant to CG or straight zoning, which the petitioner understood; that this portion of the overall property did not front on Donald Ross Road; and there was already frontage that was designated commercial, and he believed what would be proposed for this property would be compatible with the concerns of. the City and Jupiter. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Sabatello indicated he would vote against the motion since he would rather stay with mixed use and work with waivers on the site plan. The vote on the motion was 2 -2; therefore the motion failed Ordinance 23, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 23, 2001, for consideration of first reading, continued from June 21, 2001. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01 located at the northwest corner of PGA Boulevard and Central Boulevard; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the amendment. Mr. Wu responded to Councilmember Furtado staff believed the roadways would not substantially relieve PGA Boulevard traffic. Councilmember Furtado indicated that continually removing things from the comprehensive plan sent the wrong message. Mr. Wu confirmed there would be private entrances /exits on PGA Boulevard and Central Boulevard. Mr. Wu presented a request from Commissioner Karen Marcus for continuance because of traffic forum issues and to allow additional time for review. Hank Skokowski commented circumstances had changed regarding how this process worked; that in 1995 when these local linkage roads were added there was potential for 5,000 dwelling units and 700,000 square feet of commercial development. Mr. Skokowski commented there had been a substantial change, since WCI proposed only 450 dwelling units and nQ commercial development, and the County engineering review had concurred this change was acceptable, and that these roads were considered local streets and had not been factored into any regional analyses. Mr. Skokowski advised that the master plan for 450 dwellings was on file with the City waiting to be heard and could not be heard until the City Council had considered deletion of these roadways. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 23, 2001 on first reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 4- 0 vote. The City Clerk read Ordinance 23, 2001 on first reading by title only. Ordinance 24, 2001 - Vice Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2001, for consideration of first reading, continued from June 21, 2001 regular City Council meeting. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by deleting a portion of Roadway #15 from the conceptual thoroughfare plan between Alt. A -1 -A and Military Trail; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Growth Management Director Charles Wu presented the amendment. Mr. Wu indicated that communication had been received from Mayor Golonka of Jupiter and from Commissioner Karen Marcus requesting continuance. Mayor Russo requested and received confirmation from Mr. Wu that the commitment was being eliminated to have this road as a public road between Mijitary Trail~ and the railroad track. City Attorney Rubin advised this was the same situation as the public road through The Isles; that if this road remained it had to be public. Mayor Russo was advised it would be very difficult to make this an open community later. Vice Mayor Jablin indicated this seemed to be a road to nowhere and he did not wish to bisect communities just for the sake of putting a public road through them. The roadway configuration within the community and linkage to other roadways was discussed. Mayor Russo indicated he waj not comfortable with getting all parties together and agreeing on connectivity and then removing it. Discussion ensued whether the community would be open or closed. Attorney John Gary representing the applicant, commented that tonight the only consideration was to delete a road from the thoroughfare plan that went from Military Trail to the railroad tracks, which went nowhere, and later when the PUD was considered another configuration would be presented. Attorney Gary spoke fupther on connectivity and that it did not always work. Attorney Gary responded to Mayor Russo that the applicant would request gates during the PUD process, which the Mayor indicated was entirely different than originally proposed and he did not want gates. The City Attorney indicated if any waivers were requested the City would have the ability to require an open community in exchange for granting waivers. Hank Skokowski, representative for the petitioner, noted he could review what was presented at the October meeting. Consensus was to move forward and to consider the positions of Jupiter and Commissioner Marcus before second reading. Councilmember Sabatello commented he was not against controlled access and would vote in favor of removing the roadway. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin made a motion to place Ordinance 24, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 24, 2001 on first reading by title only. RESOLUTIONS: Resolution 67, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a site plan and a temporary conditional use for the placement and use of a modular classroom unit at the Church in the Gardens; providing for conditions of approval; and providing for an effective date. Growth Management Director Charles Wu presented the project. Comments made earlier in the meeting by a neighbor were incorporated. A proposed drainage solution was presented, which was a condition of approval and Mr. Wu explained that the project could not move forward until it was completed. The drainage problems and plan was discussed. Ron Baily, Project Coordinator for the Church in the Gardens discussed the flooding. Donaldson Hearing, agent for the applicant, reviewed the project on behalf of the applicant. Mr. Hearing clarified that the applicant understood this was a 3:year plan, and the drainage would be resolved. The Vice Mayor indicated he had a concern that the church had not previously addressed the drainage until they wanted an approval from the City. Mr. Hearing indicated he had been told the applicant had been working with Public Words to resolve the probleul; Mayor Russo commented that it was not the job of Public Works to resolve drainage, and residents should contact the City officials. Attorney Rubin advised the condition of approval would not allow the church to move forward with the temporary facilities until the City Engineer had been satisfied regarding the drainage. Vice Mayor Jablin made a motion to adopt Resolution 67, 2001. Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. Resolution 104, 2001 - A Resolution of the City Council of .the City of Palm Beach Gardens, Florida, providing for the approval of an application from A4assachusetts Mutual Life Insurance Company for an amendment to the "Crossroads at Northlake" shopping center, located at the southeast corner of interstate 95 and Northlake Boulevard. to allow fora 1'9,208 "square foot increase of retail space to the existing shopping center, to allow for modifications to the parking lot, to allow for an additional entrance from Northlake Boulevard, and to allow for facade renovations on a 21.09 acre portion of the "Crossroads at Northlake" shopping center as more particularly described in Exhibit "A" attached hereto; providing for conditions of approval; and providing for severability. Principal Planner Karen Craver presented the project. Rocky Biby, Kimley -Horn, explained a double lane eastbound exit off J -95 with a traffic signal stopping traffic had been approved by the County and DOT, which should help Northlake Boulevard traffic. The developer indicated two curb cuts had been eliminated. Robert Whitney, Asset Manager for the property, introduced others present on behalf of the property, provided a history of the project, and described the proposed major renovation. Councilmember Sabatello indicated he would like the improvements to the elevations to carry to the west elevation visible from I -95, and suggested one of the Sandtree ingress points be closed. Discussion ensued. The City Attorney advised that requests could be made, but all code requirements had been met, therefore the application should be approved. The Asset Manager indicated he would love to add more landscaping, etc., but finances precluded doing everything he would like. Suggestions were made to enhance the west elevation by adding molding, medallions, etc. Applicant requested the ability to work with staff to allow effective use of their funds. Staff indicated facades should be aesthetically pleasing from all rights - of -way and all facades could be required to be compatible. Vice Mayor Jablin made a motion to adopt Resolution 104, 2001 with the following condition as read into the record by the City Attorney: "The applicant shall work with City staff to provide additional features or banding on the west elevation to make it more compatible with the other elevations." Motion was seconded by Councilmember Furtado and carried by unanimous 4 -0 vote. Resolution 107, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the fee schedule for emergency medical services (EMS) transport as adopted by Resolution 125, 1994; providing for conflicts; and providing for an effective date. Chris Brown, EMS Commander, presented a new fee schedule for EMS services that had not been increased in seven years, and that broken fees were now required by Medicare and Medicaid. Councilmember Furtado made a motion to adopt Resolution 107, 2001. Motion was seconded by Vice Mayor Jablin and carried by unanimous 4 -0 vote. Resolution 108, 2001 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing three (3) members and reappointing one member to the Beautification and Environmental Committee, and providing for an effective date. Mark Hendrickson, City Forester, Committee Liaison, confirmed that Councilman Clark had agreed to these appointments, that he had confirmed with all three applicants that they wished to serve, and that Richard Beladino wished to serve even though he was on the Pension Board. Vice Mayor Jablin made a motion to approve Resolution 108, 2001 inserting the names Richard Mulligan, William Olsen, and Richard Beladino into the blanks. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 111, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, adopting a proposed maximum millage rate for the City of Palm Beach Gardens for fiscal year 2001/2002; setting the date, time and place of the first budget hearing; providing for severability; providing for conflicts; and providing for an effective date. Staff clarified items added back into the budget. Vice Mayor Jablin moved approval of Resolution 111, 2001 with a proposed maximum millage rate of 5.9746. Motion was seconded by Councilmembet Furtado and carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION July 191 2001 Regular City Council Meeting - Mayor Russo announced that the July 19 meeting was cancelled since a quorum will not be available. ITEMS FOR DISCUSSION: Legal Nonconformities - Growth Management Director Charles Wu discussed the upcoming August 18 deadline for legal nonconforming uses. Staff advised that the traditional approach, allowing all grandfathered nonconformities tq continue until they were abandoned or destroyed or until the property owner wished to modify the use or structure, was the safest and most conservative approach, and was advisable since an inventory of non - conformities had not been created in 1994. Mayor Russo indicated staff should proceed. CITY ATTORNEY REPORT City Attorney Rubin reported a decision had been received that day that the City did have the right to regulate the Vavrus property and upholding the Code Enforcement fines. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Furtado, carried 4 -0, the meeting was adjourned at 10:35 p.m. APPROVAL: 0 ATTEST: CAROL GOLD CITY CLERK • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO CITY COUNCIL WORKSHOP MEETING, 7/5/01 - CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING July 5, 2001 The July 5, 2001 Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, and Chair Pro Tem Carl Sabatello. Councilmember David Clark was absent from the meeting. BUDGET PRESENTATION City Manager Ron Ferris provided an overview of the proposed budget. Mr. Ferris noted that four engineering positions, services, and the dollars to do the PGA median projects had been added back into the budget. The City Manager reviewed items that were included in the budget for the various departments, and items that had been eliminated, reduced, or postponed. Proposed millage increase was 22 %. Mr. Ferris reviewed the expenditure summary that showed the requested amount, revised amount, and the difference of the current budget resulting in a change of approximately $4.5 million. New money anticipated was $1.3 million from property values. The millage rate was reviewed and projected through 2006. The rollback rate would need to be set at 5.922 at tonight's regular meeting in Resolution 111, 2001. Councilmember Furtado questioned what EMS equipment was being eliminated and the response was it was equipment for Station 5. Councilmember Furtado asked how much of the increase was related to value engineering, which the response was $200,000 +. Councilmember Sabatello indicated his major concerns were if there was sufficient staffing for MIS, the amount allocated for canal improvement, elimination of the lobbyist position, and elimination of the PAL program. Mayor Russo indicated he was not in favor of eliminating the PAL program, fire education, the overtime for PBGYAA, and the lobbyist position. Mayor Russo commented continuing to raise taxes at a 22% rate did not work. The Mayor requested stormwater expenses for last year and projection for the coming year. Mayor Russo suggested showing residents services they would receive as well as services that would be eliminated if the tax increase were lowered. Mayor Russo commented he was not comfortable with a 22% increase and requested more information on stormwater, since flooding had not been occurring. Councilmember Furtado commented there were two pending grants that could provide funding for the children's programs and she did not want the grant writer's or lobbyist positions eliminated. Mayor Russo requested justification for the number of employees in the City. Closing Station 16 and building a new Fire station was discussed. Councilmember Sabatello commented there should be a budget plan for the next seven years. Discussion ensued. The City Manager verified that no operational costs for Parks and Recreation had been included in the projections. The City's golf course was discussed, as well as re- issuing bonds at today's lower rates. Direction was to try to accommodate the issues discussed without increasing the roll back rate, or increasing it to accommodate the MIS Director, lobbyist grant writer, [-I CITY COUNCIL WORKSHOP MEETING, 7/5/01 - , - - 2 and the programs that were eliminated. Mayor Russo indicated he was looking for a lower rate than presented but was willing to go with a higher number tonight since it could be lowered but was difficult to increase. The City Manager indicated a new figure for the roll back rate would be ready by the time the City Council considered Resolution 111, 2001. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Sabatello, carried 4 -0, the meeting was adjourned at 6:50 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD CITY CLERK VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO s • CITY OF PALM BEACH GARDENS CIT'Y.COUNCIL - Agenda Cover Memorandum Date: July 12, 2001 Meeting Date: August 2, 2001 Subject/Agenda Item: Resolution 105, 2001 -Fire Station No. 3, Howell Lane- Dedication of Easements and Acceptance of Reservations Resolution 106, 2001 -Fire Station No. 3, Howell Lane -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. u Reviewed by Originating Dept.: Costs: $ 0 (Total) Council Action: City Attorney Growth Management [ ] Approved $ 0 [ ] Approved w/ Finance(. Cr Wk Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other mitted by: , can C. Donahue, P.E. Assistant City Engineer Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City M ager [X] Not required BACKGROUND: See attached memorandum. FS SRI NO M Ff - INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM - -TO: Carol Gold -City Clerk - - FROM: Sean C. Donahue, P.E .S DATE: June 20, 2001 FILE NO. 99 -4056 SUBJECT: Fire Station No. 3, Howell Lame -Plat We have completed our review of the plat for the referenced project prepared by Betsy Lindsay, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat, therefore we are recommending its approval. SCD/ P:\PROJECTS\PBGMEMO\4056\4056k CIVIL AGRICULTURAL AGRICULTURAL WATER RESOURCES \C/ATER & WASTEWATER TRANSPORTATION ° SURVEY & MAPPING GIS "Partners For Results Value By Design" 050 S.W. Corporate Pkwy. V Palm City, FL 34990 (561) 286 -3883 ' Fax 286-3925 ww www.lbfli.com - - - • CITY OF PALM BEACH GARDENS, FLORIDA " RESOLUTION 105, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE DEDICATION OF EASEMENTS AND ACCEPTANCE OF RESERVATIONS FOR THE FIRE STATION NO. 3 PLAT (HOWELL LANE); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is the owner of certain property along Howell Lane upon which City Fire Station No. 3 will be constructed; and WHEREAS, as part of the development process, the City is required to plat the property in accordance with the City's Land Development Regulations; and WHEREAS, in accordance with section 177.081, Florida Statutes, the owner of the property preparing a plat must execute the dedication of easements and acceptance of reservations prior to approval of the plat by the City Council. 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: In accordance with chapter 177, Florida Statutes, the City Council, as owner of the Howell Lane property, hereby authorizes the Mayor to execute the dedication of easements and acceptance of reservations for the Fire Station No. 3 plat. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. _ SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. -1- • ATTEST: MAYOR JOSEPH R. RUSSO CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that 1 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 40 COUNCILMAN CLARK v • • CITY OF PALM BEACH GARDENS CITY-COUNCIL. - Agenda Cover Memorandum Date: July 12, 2001 Meeting Date: August 2, 2001 Subject/Agenda Item: Resolution 105, 2001 -Fire Station No. 3, Howell Lane - Dedication of Easements and Acceptance of Reservations Resolution 106, 2001 -Fire Station No. 3, Howell Lane -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Growth Management [ ] Approved $ 0 [ ] Approved w/ Finance c) ULK.� Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other miffed by: ` GDonahue, can C. P.E. Assistant City Engineer Affected parties ( ]Notified Budget Acct. #: [ ]None Approved by: City M ager [X] Not required BACKGROUND: See attached memorandum. 9 RESOLUTION 106, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM -BEACH GARDENS, FLORIDA, APPROVING THE FIRE STATION NO. 3, HOWELL LANE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Fire Station No. 3, Howell Lane 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 bf 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 Fire Station No. 3, Howell Lane Plat consisting of two (2) sheets dated July 2001, prepared by Betsey Lindsay, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. 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H II O 1, g +OG 00 RR� � s flint a � .A W Asp£ � ♦r 1�1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 2, 2001 Date Prepared: July 5, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 118, 2001: a request by Lucy Keshavarz, agent for NorthCorp Development Inc., for approval of the proposed Art in Public Places for the NorthCorp PCD located between Burns Road and RCA Boulevard, and between Alternate Al and 1 -95. (7- 42S -42E) RECOMMENDATION Staff recommends that the City Council approve Resolution 118, 2001. Reviewed by: Originating Dept.: FINANCE: NA Art Advisory rowth Management: Committee Principal Planner Costs: $ Recommendation: Karen M. Craver, I Project Total [ j Approved- City Attorne Manager li [X] App. w/ conditions Vv Kara Irwin $ [ ] Denied Finance A Current FY [ ] Rec. approval [ ] Rec. app. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ]Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Manag nt Date: [X] Other NA • Resolution 118, 2001 • Artist Resume Directo . AU 6 Paper: • Proposed Art Charles K.1fVu, AICP • Details [X] Not Required Budget Acct. #: o Art Budget Breakdown Approved b pp y: City Manager NA • Site Plan (location) Affected parties: [X] Not Required [ ] None REQUES Lucy Keshavarz, agent for NorthCorp Development Inc., is requesting approval of the Art in Public Places proposed for the NorthCorp PCD. The applicant is proposing two works: "Poppies", a WWII Veteran sitting on a bench, which will be placed on the southeast comer of the intersection of RCA Boulevard and NorthCorp Parkway at the NorthCorp Center, and "Catch of the Day", a grouping of three bronze sculptures, which will be placed on the opposite side of the site at the NorthCorp Center entrance off of RCA Boulevard (see attached site plan). The sculptures will be for the "Art in Public Places" requirement for the 4600 East Park Drive building (lot 10 & lot 11) and the Hilda Flack building (lot 2) of the NorthCorp PCD development. - City Council 117feeting Date: August 2, 2001 Date Prepared: July 5, 2001 Petition Misc -01 -13 BACKGROUND On June 18, 1998, City Council approved the site plan for the construction of.a 69,208 square foot office building on lot 10 and lot 11 through the adoption of Resolution 46, 1998. On April 6, 2000, City Council approved the site plan for the construction of a 29,890 square foot design center building on lot 2A through the adoption of Resolution 30, 2000. Per Section 121 of the Land Development Regulations, Fee imposed on development, all budgets for new construction of private and public development shall include 1% of the total budgets as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute 1 % of the total building construction costs directly to the City for inclusion in the City's art account. The construction cost for the 4600 East Park Drive building was $6,600,168.00, and the construction cost for the Hilda Flack Interiors building was $2,079,447.00. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $86,796 (1% of the total building construction costs) for art for the project. The applicant has indicated that the cost of the proposed sculptures would be $97,504.00 (see attached). PROCEDURE jft This request has been classified as a Miscellaneous petition since the development review processes outlined in Section 25 are not applicable. The City Council has the authority to approve the request, approve with conditions, or deny the request. ART ADVISORY COMMITTEE At its June 28, 2001 meeting, the Art Advisory Committee reviewed the proposed art for the NorthCorp PCD and recommended approval (3 -0) with the following conditions of approval: ➢ The applicant shall provide a landscaping plan for the "Poppies" sculpture that will provide a backdrop for the sculpture to be approved by the Art Advisory Committee. ➢ The applicant shall provide a lighting plan for both sculptures to be approved by the Art Advisory Committee. ➢ The applicant shall provide elevations datum of the "Catch of the Day' sculpture to show the elevation of the concrete "pond" in relation to the surrounding area to be approved by the Art Advisory Committee. ➢ Applicant must submit the interior details of the concrete "pond" to be approved by the Art Advisory Committee, and must address the issue of reduction of the available dry retention area because of the installation of the concrete "pond" to the satisfaction of the City Engineer. RECOMMENDATION Staff and the Art Advisory Committee recommend approval of MISC- 0.1 -13 with conditions as contained in the proposed resolution. - 0 2 • _ - . - RESOLUTION 118, 2001 July--17L2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR THE NORTHCORP PLANNED COMMUNITY DEVELOPMENT, LOCATED BETWEEN BURNS ROAD & RCA BOULEVARD AND BETWEEN.ALTERNATE A1A & 1 -95, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application (MISC -01 -13) has been submitted by Lucy Keshavarz, agent, seeking the approval of the proposed art for the NorthCorp Planned Community Development, located between Burns Road & RCA Boulevard and between Alternate A1A & 1 -95; and WHEREAS, the City Council approved the site plan for the construction of a 69,208 square foot office building on lot 10 and lot 11 through the adoption of Resolution 46, 1998 and approved the site plan for the construction of a 29,890 square foot design center building on lot 2A through the adoption of Resolution 30, 2000; and WHEREAS, the site is currently zoned Planned Community Development (PCD), with a future land use of Industrial (1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on June 28, 2001, the Art Advisory Committee reviewed said application and recommended approval with conditions to the City Council; and WHEREAS, the Growth Management Department has recommended approval of the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves the art in public places for NorthCorp Planned Community Development, located between Bums Road & RCA Boulevard and between Alternate A1A & 1 -95, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the art in public places. SECTION 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. NorthCorp A.I.P.P. Sculpture Layout, Urban Design Studio, may 31, 2001, 1 sheet. 2. W. Stanley Proctor Brochure Exhibit "B ", Proctor Fine Art, "Catch of the Day" (two life -size boys fishing with dog), Life -size Bronze Edition of 18, page 5. 3. Photograph of W. Stanley Proctor Sculpture Exhibit "C ", Proctor Fine Art, "Poppies" (WWII Veteran on black granite bench). SECTION 3. Said approval shall comply with the following conditions prior to the approval of a building permit: • Y • • Resolution 118, 2001 Meeting Date: August 2, 2001 Date Prepared: July 6, 2001 Petition MISC -01 -13 1. The applicant shall provide a landscaping plan for the 'Poppies' sculpture that will provide a backdrop for the sculpture to be approved by the Art Advisory Committee. 2. The-applicant shall provide a lighting plan for both sculptures to be approved by the Art Advisory Committee. 3. The applicant shall provide elevations datum of the "Catch of the Day sculpture to show the elevation of the concrete 'pond' in relation to the surrounding area to be approved by the Art Advisory Committee. 4. Applicant shall submit the interior details of the concrete 'pond' to be approved by the Art Advisory Committee, and shall address the issue of reduction of the available dry retention area because of the installation of the 'concrete pond' to the satisfaction of the City Engineer. SECTION 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO MAYOR JOSEPH R. RUSSO v AYE NAY ABSENT 2 • W. STANLEY PROCTOR FLORIDA MEDIUM: BRONZE SUBJECTS: FIGURATIVE AND WILDLIFE SCULPTURE ative Floridian W. Stanley "Sandy" Proctor has a national 11N reputation as a professional sculptor of the highest caliber. In recent years, Sandy was the Featured Master Sculptor at the Easton Waterfowl Festival in Maryland; the Southeastern Art Exposition in South Carolina; and the Wildlife Arts Festival in Georgia. Prior to concentrating in bronze sculpture, Sandy was an accomplished. painter and stone carver whose work has been displayed at the British Museum of Natural History, the Cleveland Museum of Natural History, the Smithsonian, and other museums of national and international recognition. Many art collectors value Sandy's figurative and commissioned works as among the finest examples of life -size sculpture available today. In the past several years, Sandy has installed numerous public and private commissioned monumental bronzes, including works at the Florida Governor's Mansion Children's Park; the National Jewish Center Hospital in Colorado; the Living Desert Museum in California; Fairbope ..High School in Alabama; the Arts Foundation of Farmers Branch in Texas; Maymount Gardens in Virginia; Hillside Galleria in Arizona; and two public libraries. Other significant pieces are located at the corporate headquarters of Nations Bank, the Leigh Yawkey Woodson Museum in Wisconsin; the Polk Museum of Art in Florida; and the Tallahassee Memorial Regional Medical Center. In 1995, the Governor of Florida presented the President of the United States with a gift of Sandy's work entitled "Bandanna," which is currently located in the Roosevelt Room of the White House in Washington, D.C. Sandy is equally comfortable modeling animals or people in any size, and he has completed many public and private commissions. Currently, he ins working on a six- person lifesize sculpture for the Florida Fallen Sheriffs Memorial and a three - figure monument for Florida State University. In the last few years, Sandy has been featured in several magazines, including Wildlife Art Magazine, Sporting Classics, and Southeastern Wildlife Exposition. In addition to annual private gallery shows in Hilton Head, South Carolina, and Naples, Florida, Sandy regularly participates in other regional and national exhibitions, including the Sculpture Invitational in Loveland, Colorado. - W. Stanley Proctor Business Office: WSP Bronzes, 192 Columbine Court, Sedona, AZ 86336 520- 203 -0773 phone, 520- 203 -4421 fax Residence: 1844 Chardonnay Place, Tallahassee, FL 32311 850- 216 -2754 phone, 850- 216 -2756 fax Partial List of Public Collections: White House, Roosevelt Room – Washington, D.C. Florida Governor's Mansion Children's Park – Tallahassee, FL National Jewish Center Hospital – Denver, CO ANkiving Desert Museum – Palm Desert, CA Wations Bank, Inc. – Jacksonville, FL Tallahassee Memorial Regional Medical Center Leigh Yawkey Woodson Museum – Wausau, WI Polk Museum of Art – Lakeland, FL - Bay County Public Library – Panama City, FL Fairhope High School – Fairhope, AL Leroy Collins Leon County Public Library – Tallahassee, FL John H. Phipps, Inc. – New York, NY Florida Association of Broadcasters – Tallahassee, FL Byers Choice, Inc. – Chalfont, PA Lawton Chiles Foundation – Tallahassee, FL Arts Foundation of Farmers Branch, Texas Arnica, Inc. – Boston, MA Maymount Gardens Foundation – Richmond, VA First United Methodist Church – Pensacola, FL City of Joseph, Oregon Hillside Galleria — Sedona, AZ Culpepper Construction, Inc. – Tallahassee, FL University of South Alabama Children and Women's Hospital – Mobile, AL Florida Sheriffs' Association – Tallahassee, FL (in progress) Florida State University – Tallahassee, FL (in progress) ity of Summerville, SC - W. Stanley Proctor Bronzes • 192 Columbine Court • Sedona, AZ 86336 • (520) 203 -0773 . (520) 20= W. Stanley "Sandy" Proctor has participated in the following shows during 1990 -2000: Easton Waterfowl Festival in Easton, MD -1999 Featured Sculptor Southeastern Art Exposition in Charleston, SC -1998 Featured Sculptor Thomasville Plantation Art Festival in Thomasville, CA -1997 Featured Sculptor Florida Wildlife and Western Art Exposition in Lakeland, FL Artistic Waters Show at the Tampa Aquarium in Tampa, FL Birds in Art Exhibition at the Leigh Yawkey Woodson Museum in Wausau, WI Safari Club International in Reno and Las Vegas, NV Sculpture in the Park in Loveland, CO Loveland Sculpture Invitational in Loveland, CO Masters Wildlife Show in Ligonier, PA Wildlife in Art Exhibition in Wausau, WI Sculpture in the South in Summerville, SC Images Gallery, two -man show in 1998, 1999, 2000, 2001 - Naples, FL Aftportsmans Gallery, one -man show in 2000- Atlanta, GA orris Whiteside Gallery, one man show in 1998, 1999, 2000, 2001 - Hilton Head Island, SC Altermann Gallery, two -man show in 2001 - Santa Fe, NM W. Stanley Proctor is represented by the following galleries: Martin LaBorde Gallery - New Orleans, LA Martin LaBorde Gallery - Carmel, CA Mountain Trails Gallery -- Jackson, Wyoming Mountain Trails Gallery -- Park City, UT Morris & Whiteside Gallery - Hilton Head, SC John Collette Fine Art -- Highlands, NC Bronze Gallery of Joseph -- Joseph, OR Images Art Gallery - Naples, FL The Sportsman's Gallery, Ltd. - Atlanta GA Maine's Massachusetts House Gallery - Lincolnville, Maine Proctor Fine Art - Sedona, AZ Richard Danskin Fine Art - Palm Desert, CA Altermann Galleries - Houston, TX Altermann Galleries - Dallas, TX Altermann Galleries - Santa Fe, NM Troika Gallery - Easton, MD • {Y. Stanley Proctor Bronzes - 192 Columbine Court - Sedona, AZ 86336 - (520) 203 -0773 -420) 20= "`a .+� �d �*,t` �y e� �''''�.fii''it t - � 4 sl,a � . r'r �:'� �'° - -• ^X v • � � Ec c h. �l � #e�''pc�+� �?f,e 1'X� .£ i'h'isF 7''g }�: is }�_,}, y� , � , v 3�� f xt3> r�.: 'A •..:' rr., � \ � � c� •wF t ��s 'Cfn� � �) r ) .. > +�zfn5. ' » ; r '"i" ,:ASS' - • ,' °."°' +. y3, �v �. J ` / j. z � ' f/ � °� fir, �•� t " CATCH OF THE DAY }� y Lifesize Bronze, Edition of 18 S � 4 H 96" L 46" W 90" Jm7.1 ��+xcbC, (includes fishing poles) Sandy's figurative works are meticulously sculpted with emphasis '. A on critical details like hands and facial expressions. In this piece, an older brother shows his younger brother and the labrador how to take the hook out of a fish's mouth. 39 i ~'i l,;a�. 1T , • ice. ,��� =rte � •� Ozi pj; ' e �L`ac� •v L:• � � :f `�j. IN im in Iq u I� �z T3Yy "GREATER LOVE HATH NO MAN THAN THIS. �-- (NAT A MAN LAY DOWN HIS LIFE FOR HIS COOTR;Q f 00 26/2 SOLID BLACK GRANITE BENCH 8 feet in length 18 1/4 inches in height 3 1/4 inches in thickness 19 112 inches in seat width 26 1/2 inches from left side to that 25 3/4 inches from right side to country" 4 M • TECHNICAL INFORMATION -- _ "Catch offihe Day" (two lifesize boys fishing with dog) L: 46" x W: 90" x H: 96" Placed on a concrete pad measuring 7' wide, 4' deep, and 6" thick. Concrete pad will have a surface finish to complement sculptures. "Poppies" (WWII Veteran on black granite bench) L: 4' x W 4' x H: 5' Sculpture will be "seated" on solid black granite bench. See following page for bench details. Sculpture and bench will be placed onla concrete pad measuring 10' wide, 6' deep and 6" thick. Concrete pad will have a surface finish to complement sculpture. Lighting Sculptures will have proper lighting to be seen well at night. Art Specific Site Improvements: Concrete dock Concrete pond to include underground plumbing and pump system Concrete pads and sidewalk Underground electricity • • ART BUDGET BREAIDON%W- On this -particular project the percentage for art budgets from two different buildings have been combined and will be used to place art on a separate site within the same development, but one which is more advantageous for both the public, the development, and the developer. In order to create a setting that will make sense for the sculptures on this site, the developer has collaborated with artist, landscape architect, and civil engineer to create a complete Art in Public Places Project at the major thoroughfare in this development. Total Art Budget Lot 2, Hilda Flack, $20,794.00 Lots 10 & 11, 4600 East Park Dr., $66,002.00 Combined lots art budget Total .......... ............................... .....................$86,796.00 "Poppies" & "Catch of the Day" & black granite bench ($54,485.00) Art specific site improvements: - concrete dock ..................$ 5,000.00 - concrete pond (incl. underground plumbing & pump system) ............. $15,000.00 - concrete pads and sidewalk.. $ 2,500.00 - underground electricity....... $ 1,000.00 -labor & misc. items by third party contractor ......... $ 6,500.00 Total art specific site improvements ($30,000.00) Art & Culture Group, Inc. fee 15 %... ($ 13,019.00) ($97,504.00)*** $86,796.00 v * * * Excess of $10,708 to be credited to remaining NorthCorp PCD Art in Public Places requirements. i II o o N � I C I � • o, 0 0 O r- (D d � d N•f - C7 l4• a e o � o rn v a c v M IOC c LL a co r- C N co CA O 0 r L U cc� C �-. N � N � C to v i W °� o a N CL co Y U w w LL = o c 0 co • • y .:7 4 0 � v m Z m 0 A G 2 V 4mi m I - ~ 0 I . n! I z m I Q� m o � C o Z M U U C r Z C 7 n c C r C Z C L Last Revised: Original: July 11, 2001 July 13, 2001 July 27, 2001 RESOLUTION 120, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD F" LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 80 SEMI - CUSTOM AND CUSTOM SINGLE - FAMILY HOMES, LOCATED APPROXIMATELY 1/. MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -06) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval of "Pod F" within the Frenchman's Reserve PCD, allowing for the development of 80 semi - custom and custom single - family homes, located approximately ' /< mile east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks four waivers as part of site plan approval; and WHEREAS, the 33.92 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on June 12, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 80 semi - custom and custom single - family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod F" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 80 semi - custom and custom single - family homes. Section 2. Said site plan approval shall comply with the following condition which shall be binding upon the applicant, its successors, assigns, and /or grantees: (1) Within thirty (30) days of site plan approval, the applicant shall provide a revised landscape plan indicating additional off -site landscaping adjacent to screen enclosures for lots with zero foot rear setbacks, to be approved by the Growth Management Department (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: (1) Section 75, Rear Setback, to allow for a three -foot rear setback for parcels adjacent to an upland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (2) Section 75, Rear Setback, to allow for u fc-c-t r eur screen enclosure setback of 0 feet for parcels adjacent to golf 'course or lake. The Land Qevelopment Regulations require a minimum rear setback of ten (10) feet for structures. (3) Section 75, Side Setback, to allow for a screen enclosure setback of 3.5 feet seven n/ foo} fnr nn _� _ n,,c The Land Development Regulations require a minimum setback of 7.5 feet setback 10% of lot width for screen enclosures. A minimum seven -foot clear zone must be maintained between screen enclosures. (4) Section 256, to allow for two four -foot sidewalks on either side of the street. The Land Development Regulations require one five -foot sidewalk on one side of the street for cul -de -sacs with 80 -foot wide lots or less. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) May 23, 2001 Site Plan, Land Design South, Sheet SP- 1. (2) February 9, 2001 Proto - typical Landscape Plan, Krent Wieland and Urban Design Studio, Sheets LA -PM3, LA -PM -4. (3) February 9, 2001 Street Tree Landscape Plan, Land Design South, Sheet LA- A1. (4) November, 2000 Prototypical Model Floor Plans and Elevations, Toll Architecture, Sheets A -1 and A -2a. (5) May 23, 2001 Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet. (6) February 6, 2001 Boundary Survey, Petzold Group, 1 Sheet. Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: JOE RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO \ \FILE_SRV\COMPROG \Short Range \sp0106rerev.doc 3 0 • CITY OF PALM BEACH- GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -06 - Frenchman's Reserve Pod F. Consideration of Approval: Resolution 120, 2001, A request by Jennifer Morton of Land Design South, on behalf of Toll Brothers Communities, Inc., for site plan approval for Pod F within the Frenchman's Reserve Planned Community Development (PCD), for 80 single - family dwelling units. RECOMMENDATION Staff recommends approval of the request, subject to a condition of approval. Reviewed by: Originating Dept.: Growth Management: FINANCE: NA P8Z Commission Action: Principal Planner Karen M. Craver, Project Costs: $ Total [ ] Approved ( ] App, w/ conditions City Attorney Manag [ ] Denied Edward Tom an $ ( ] Rec. approval Finance NA Current FY (X] Rec. app. w/ conds. [ ] Rec. Denial Human Res. NA Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: [ ] Operating • Resolution 120, Manag �,t ,- nn ,, II // Paper: 2001 Comparison Direct. Other N/A • Code Charles K. Wu, AICP • Zoning and Land Use [X] Not Required • Legal Description Approved b PP y: 0 Master Plan City Manager Affected parties: Budget Acct. #: • Project Narrative Notified N/A • Site /Landscape Plan [ x ] Not Required [ ] None ,za • -city Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -06 REQUEST Jennifer Morton of Land Design South; agent for Toll Brothers Communities Inc., is requesting site plan approval for 80 single - family dwelling units in Pod 'F', 28 of which are semi - custom model homes and 52 of which are custom homes. Pod 'F' is located within the Frenchman's Reserve Planned Community Development, and has a proposed density of 2.35 units per acre. The 33.92 -acre site is bounded by golf course to the north and west, Cabana Colony residential community in unincorporated Palm Beach County to the south, and Frenchman's Forest County Reserve to the east (41- 34S -42E). BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman's Reserve Planned Community Development (PCD) for 530 dwelling units. This is the fifth of eight residential pods to be submitted for site plan review. At this time, two residential pods have received final City Council approval. This petition shall be subject to all applicable PCD requirements. Pod F is the last residential pod located on the PCD Spine Road. The custom home lot size for this pod is 100 feet by 140 feet; the semi - custom lot size will be 80 feet in width. LAND USE & ZONING - The subject site is zoned PCD with an underlying zoning of Residential Low (RL -3), and has a future land use designation of Residential Low (RL). The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to final review of the Frenchman's Reserve PCD; therefore, this site is vested in terms of'concurrency. PROJECT DETAILS Site Access Access to the PCD site is available from the proposed Hood Road extension, which shall be constructed by the petitioner. The Hood Road extension shall connect Alternate A1A with Prosperity Farms Road, as required by the City's Comprehensive Plan. An internal PCD "spine road" shall access Pod F along with all other Residential Pods 0 2 • _ - City Council Meeting Dite: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -06 within the proposed PCD, with the exception of one (Pod H). The spine road shall intersect with the Hood Road extension at an approved roundabout. Signage There are no sign details proposed as part of this site plan approval; however, the location of the entrance signage has been noted on both the site plan and the landscape plan. The City Council has approved an application for entry features and signage throughout the PCD, and the Pod F signage to be developed as part of this site shall be consistent with the overall signage package. Landsca pinq/Bufferinq The petitioner is proposing common area plantings within the front entry feature (part of the entry features and signage submittal), as well as a streetscape plan for the Pod F. The petitioner is providing proto - typical model minimum landscaping plans for each lot, and for one versus two -story homes. The petitioner has provided a breakdown of the points for the prototypical landscaping plans, and staff has determined that the plans meet the minimum points requirement set forth by the landscape code. The petitioner has provided 45% open space in the overall PCD; however, the entry feature • is the only common open space set aside in Pod F. • Phasing Development of Pod F will be done in- one phase. The applicant is proposing no model homes as part of this application. The adjacent lake and golf course construction will be occurring simultaneously with the construction of Pod F. The master plan development order reg0res the completion of the PCD spine road prior to the issuance of the first Certificate of Occupancy for dwelling units within Pod F. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes, that are part of the surface water management system for the project. 3 EJ - City Council - Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -06 Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff June 12, 2001 Recommendation P&Z Commission Section 75 — Rear 10 feet 0 feet 10 feet `Conditionally *Conditionally Setback, Screen Support: Support: Enclosure — Golf additional additional Course and Lake landscaping in landscaping in rear may be rear may be required per required per G.M.D. review. G.M.D. review. Section 75 — Rear 10 feet 3 feet 7 feet Support Support Setback - Upland Preserve Section 75 — Side 8 feet: 80 3.5 feet 4.5 feet: 80 Support Support Setback, Screen foot lots foot lots Enclosures 10 feet: 100 6.5 feet: 100 ft. lots ft. lots Section 256 — 5 foot 4 foot sidewalk on One(1)foot Support Support Sidewalks sidewalks both sides of the required on street one side of the street The petitioner has provided sufficient justification for all waivers, which is included in the attached project narrative. *As a result of previous discussions with the Planning and Zoning Commission regarding the zero foot rear setbacks for screen enclosures and the surrounding landscaping, staff recommended a condition of approval to address the issue, which has been agreed to by the applicant. The applicant is currently developing the required landscape plan that shall be submitted to staff for review and approval. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this application at its June 12, 2001 meeting. The Commission unanimously recommended this application for City Council approval, with conditions. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -06 with a condition. G: \Short Range\sp0106st.doc 4 • List Revised: Original: RESOLUTION 120, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD F" LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 80 SEMI - CUSTOM AND CUSTOM SINGLE - FAMILY HOMES,•LOCATED APPROXIMATELY' /. MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. July 11, 2001 July 13, 2001 WHEREAS, the City has received an application (SP- 01 -06) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval of "Pod F" within the Frenchman's Reserve PCD, allowing for the development of 80 semi - custom and custom single- family homes, located approximately ' /< mile east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks four waivers as part of site plan approval; and WHEREAS, the 33.92 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on June 12, 2001, the Planeing and Zoning Commission recommended approval of the subject site plan for 80 semi - custom and custom single - family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITYJCOUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod F" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 80 semi - custom and custom single - family homes. Section 2. Said site plan approval shall comply with the following condition which shall be binding upon the a pp licant , its successors, assigns, and /or grantees: - (1) Within thirty (30) days of site plan approval, the applicant shall provide a revised landscape plan indicating additional off -site landscaping adjacent to screen enclosures for lots with zero foot rear setbacks, to be approved by the Growth Management Department (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: (1) Section 75, Rear Setback, to allow for a three -foot rear setback for parcels adjacent to an upland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (2) Section 75, Rear Setback, to allow for a zero -foot rear setback for parcels adjacent to golf course or lake. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (3) Section 75, Side Setback, to allow for a screen enclosure setback of seven (7) feet for non -zero side. The Land Development Regulations require a minimum 7.5 -foot setback for screen enclosures. A minimum seven —foot clear zone must be maintained between screen enclosures. (4) Section 256, to allow for two four -foot sidewalks on either side of the street. The Land Development Regulations require one five -foot sidewalk on one side of the street for cul -de -sacs with 80 -f6ot wide lots or less. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) May 23, 2001 Site Plan, Land Design South, Sheet SP- 1. (2) February 9, 2001 Proto - typical Landscape Plan, Krent Wieland and Urban Design Studio, Sheets LA -PM3, LA -PM -4. (3) February 9, 2001 Street Tree Landscape Plan, Land Design South, Sheet LA- A1. (4) November, 2000 Prototypical Model Floor Plans and Elevations, Toll Architecture, Sheets A -1 and A -2a. (5) May 23, 2001 Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet. (6) February 6, 2001 Boundary Survey, Petzold Group, 1 Sheet. Section 6. This Resolution shall. be effective upon adoption. 2 - Ir 51 PASSED AND APPROVED THIS THE DAY OF 2001. JOE RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: CAROL GOLD, CMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO \ \FILE SWCOMPROGMort Range \sp0108re1.doc 0 AYE NAY ABSENT • • • zEIST�I�VGZ aN1NCyND LAND USDEtG5NAIUN�S EXISTING USE ZONING LAND USE Frenchmen's Reserve Subject Property Planned Community Vacant/Undeveloped Development (PCD) Residential — Low (RL) Parcel F Master Plan Designation of Low ,Density North Frenchmen's Reserve Frenchman's Reserve Planned Community Residential — Low (RL) Planned Community Development (PCD) Development (PCD) Master Plan Designation of Low Pod D Density South Palm Beach County RS -5 Palm Beach County Low Single Family Residential Residential (RL) Cabana Colony Residential Community Unincorporated Palm Beach County East Frenchman's Landing Residential Low — 3 Residential Community (RL -3) w/ Planned Community Residential — Low (RL) Unincorporated Palm Beach District (PCD) Overlay County Frenchman's Forest Preserve Palm Beach County West Frenchmen's Reserve Frenchman's Reserve Planned Community Residential — Low (RL) Planned Community Development (PCD) Development (PCD) Master Plan Designation of Low Pod C Density • • • OUR SISTENCY °1NIT���E.�C�OI��� .. Code Requirement Proposed Plan Consistent 2 Waiver Requested' Maximum Density for: Yes RL -3 = 5 du /acre 2.35 d.u. /acre • Minimum Site Area for RL -3: Yes 6,500 SF 14,000 SF Minimum Site Width for: RL -3 = Yes 65 feet 100' Maximum Building Lot No Waiver Coverage for RL -3: 35% 55% granted: PCD Approval Maximum Building Height for Yes RL -3: 36 feet 36' Front Setback for RL -3: No Waiver 25 feet Zero lots — 22.5 feet granted: PCD Approval Building Side Setback for: No Waiver RL -3 = >7.5 feet or 10% lot 0 granted: width PCD Approval Screen Enclosure Side Setback 3.5 feet No Yes (non -zero side) for RL -3 = 7.5 feet of 10% lot width Side Setback Facing a Street N/A for: N/A RL -3 = 20 feet Rear Setback for: Zero Lots — 0 -foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to lakes /golf course Rear Setback for: Zero Lots — 3 foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to upland preserve Minimum Building Separations: Seven feet between mechanical Yes 10 feet between buildings and 7 equipment feet between mechanical equipment Sidewalks: Two four -foot sidewalks No Yes One five -foot sidewalk on one side of road • Required Parking: 2 car garage and 2 spaces in Yes = >2 /dwelling unit or 1 /bedroom driveway EXHIBIT "A" 0im • • LEGAL DESCRIPTION: -- A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP -41 SOUTH,- RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST ONE -QUARTER (NE 1/4) OF SAID SECTION 31; THENCE SOUTH 02'-10'27" WEST, ALONG THE EAST LINE OF THE NORTHEAST ONE- QUARTER (NE 1/4) OF SAID SECTION 31, A DISTANCE OF 2509.25 FEET; THENCE NORTH 87'49'02" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 47.20 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02'11'28" WEST, A DISTANCE OF 1509.33- FEET; THENCE NORTH 88'50'23" WEST. A DISTANCE-OF 321.82 FEET; THENCE NORTH 88'51'59" WEST, A DISTANCE OF 385.16 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 870.07 FEET FROM WHICH A RADIAL LINE BEARS NORTH 01'08'09" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'57'14 ". A DISTANCE OF 242.27 FEET; THENCE SOUTH 01'06'48" WEST,.A DISTANCE OF 33.44 FEET; THENCE NORTH 88'53' 12" WEST, A DISTANCE OF 267.08 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 619.68 FEET FROM WHICH A RADIAL LINE BEARS NORTH 21'39'32" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33'22'01 ", A DISTANCE OF 360.88 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1065.84 FEET FROM WHICH A RADIAL LINE BEARS NORTH 53'44'15" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59'11' 36 ", A DISTANCE OF 1101.14 FEET; THENCE NORTH 23'09'14" EAST, A DISTANCE OF 82.51 FEET.; THENCE SOUTH 89'59'25" EAST, A DISTANCE OF 60.10 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 118.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 88'39'35" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56'02'47 ", A DISTANCE OF 115.43 FEET; THENCE SOUTH 66'59'58" EAST. A DISTANCE OF 50.25 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 118.00 FEET FROM WHIC_ti A RADIAL LINE BEARS NORTH 10'42'25" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 75' 00'36 ". A DISTANCE OF 154.48 FEET; THENCE NORTH 13'40'41" EAST, A DISTANCE OF 49.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 118.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 88'20' 28" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL S89 *59'25 "E (RADIAL) !,� 60.10' S88- 39.35 -1 jr y ! o p a O o >3 Sss 0 9 S� EXHIBIT "A" 0im • • k GLE OF 43-17-08", A DISTANCE OF 89.15 FEET TO -THE - PO I lYT OF REVERSE ATURE OF A CURVE CONCAVE TO THE EAST HAVING.A RA-D.W$ OF' 25.00 FEET; CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE )F 40'17'21 ", A DISTANCE OF 17.58 FEET TO THE POINT OF REVERSE CURVATURE OF k CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 667.25 FEET; THENCE IORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'50'39 ", k DISTANCE OF 56.41 FEET; THENCE SOUTH 76'10'50" EAST, A DISTANCE OF 46.66 'EET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH - HAVING A ADIUS OF 835.00 FEET; THENCE EASTERLY' ALONG THE ARC OF SAID CURVE THROUGH k CENTRAL ANGLE OF 17'19'02 ", A DISTANCE OF 252.37 FEET TO THE POINT OF 'ANGENCY; THENCE NORTH 86'30'07" EAST, A DISTANCE OF 859.09 FEET TO THE 'DINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF :10.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL iNGLE OF 28'53'31 ", A DISTANCE OF 105.,89-FEET; THENCE SOUTH 87'48'32" EAST, DISTANCE OF 127.26 FEET TO THE POINT OF BEGINNING. :ONTAINING 2,362,981 SQUARE FEET OR 54.247 ACRES, MORE OR LESS. NOT PLATTED "'50" E W.66'----, v C _X52. 3 3p_pp' N86'30'071 oc.ncn oa,� 17'19'02p R= 25.00' `°_ �'- L= 17.58' D= 40'17'21" r� M L=A -6Z p D =15 • R= 118.0-' L =89.15 N D =43'17 08 CeD U7 Ul UJ: JYP a��WiDuo7 /�=ON��O'► Hi/ IOJ QNVI NENS30 !fif nra pm..:.wq� �i 1p � 1 ,t 11 IZI L.ano 11051 rf1 AOUT.fI T / O -.7U i a r+. ' `Y 07d 9QNMKWN TNl OM 7HOaS 7701 YOAT any dayd a Qas Q S o d r• , EF 1 ,1 _`- ••'•,'•.� , � r ® � ,' :s: it ii is �� 11' H my p. 4� n 1 r � D .sS F �i IL CA 1 1 6�5 �L u i�I IV am "I, LAND Land Planning Landscape Architecture _ DESIGNEnvironmental Consultation SOUTH561 -478 -8501 • FAX 561-478-5012 • Congress DArx ss Center • 1280 N. Congress Avenue • Suite 215 . West Palm Beach Borldo 33409 PROJECT NARRATIVE City of P.B. Gardens FRENCHMAN'S RESERVE PCD ,1 G uwltl�� POD F MANAGEMENT ORIGINALLY SUBMITTED FEBRUARY 9, 2001 DEPARTMENT REQUESPLOCATION , This request is for Site Plan and Appearance approval for Pod F within the Frenchman's Reserve PUD. The Frenchman's Reserve PCD is located on the east side of Alternate AIA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. Pod F is comprised of approximately 33.92 acres and is located in the southeastern portion of the PCD. The pod is circular in shape. The subject property is bounded by golf course hole 16 on the north side, Frenchman's Forest Natural Preserve Area on the east side, Palm Beach Cabana Colony on the south side and golf course hole 18 on the west side. Golf course hole 17 is located in the center of the pod. The subject property is comprised of a total of 80 single- family dwelling units. There will be three different typical lot sizes in Pod F. There will be 28 80'x140', 28 100'xl40', and 24 100'x150'. The . proposed densities are consistent with the low- density designation for Pod F on the Master Plan. The proposed population for this pod will be approximately 216 persons. Toll Brothers will be the developer of the 80' lots in Pod F. The 100' lots will be customs homes built by several of the areas high -end builders. Architectural elevations and planting schedules will be different for these homes and therefore have not been included with this submittal package. Home construction practices and architectural styles will be consistent with the high quality of homes built in comparable Golf Course communities in Palm Beach Gardens. HISTORY On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The Project received approval from the Planning and Zoning Board on January 9, 2001. Next the project went before the City Council Workshop and First Reading on February 15, 2001. The second reading was held on March 15, 2001. The PCD application received final City Council approval on March 15, 2001. COMPLIANCE /LAND USE • The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. All surrounding property is zoned PCD and also has a Land Use Plan designation of RL. Development of this parcel is in conformance with the Master Plan currently in the review process. PHASING Development of Pod F will be done as one phase. Roadway, lake and golf construction will be occurring simultaneously with the construction of Pod F. Frenchman's Reserve Page 1 of 5 Apr m Pod F ACCESS Roadway access to Pod F will be via the main collector road, which runs from the west to the east. This collector road (80-foot-right-of-way (ROW)) connects to Hood Road (60 -foot ROW), which connects to Dixie Highway (125 -foot ROW). Residents will access the individual lots via a fifty (50) foot ROW. The following table identifies the different zoning districts and land use designations surrounding Pod F. EXISTING ZONING AND LAND USE DESIGNATION Proposed Use Zoning District Future Land Use Designation Subject Property: PCD Low — max of 5 du/ac Pod A: (Master Plan RL 43 Zero Lot line Homes Designation Low Density) To the North of: Golf Course Hole # 16 PCD RL To the South of: Council (required by LDRs) Palm Beach Cabana Colony Plat RM MR -5 No. 2 To the East of: Limit (Limits allowed 36 Feet Non Platted, Frenchman's Forest PDA CONS Preserve Area To the West of: Golf Course Hole # 18 PCD RL The following table compares the proposed site plan with the City of Palm Beach Gardens Land Development Code. SITE ANALYSIS FRENCHMAN'S RESERVE POD A Required Proposed Consistent Density (Allowed on Low — max of 5 du/ac 2.36 du/ac Yes Master Plan) Maximum Building Yes, Lot Coverage 35% 50% Council (required by LDRs) Approved Maximum Height Limit (Limits allowed 36 Feet 36 Feet Yes in PCD) Front Straight zoning varies from 25' (Subdivision code allows Front Loaded Garages: 22' Yes, Planned Developments to reduce 19 Council to 10' for side loaded garage & Side Loaded Garages: 10' Approved 20' for front loaded garage) Side Street 20' N /A, There are no side street Yes setbacks for this pod. Side Interior 10% of lot width, or 7.5', whichever is greater. 8' for the 7.5' Yes, *0' lots and 10' for the 100' lots Council required Approved Rear Building 10' Minimum 15' Yes Frenchman's Reserve Page 2 of 5 Ap Pod F • SITE ANALYSIS FRENCHMAN'S RESERVE POD A' " Required Proposed Consistent Rear & Side Setback -- Code varies from 25' to 10' for Rear-2' Yes f or Pool rear and 10% of lot width or Side — 2' Yes 7.5', whichever is greater Rear & Side Setback Code varies from 25' to 10' for Rear -0', except on lots adjacent to No for Screen Enclosure rear and 10% of lot width or preserve, where setback is 3' 7.5', whichever is greater Side — 3' No No Number & Size 5' on both sides of a non cul -de- 4' on both sides of the street sac street 8— Y tr3 -y i Two spaces per dwelling unit Each unit will have a minimum of Number (Required by Yes LDR's) plus one space for each bedroom a 2 car garage with a two car apron over two WAIVERS Deviations from the standards identified in the Palm Beach Gardens Land Development Regulations are allowed as part of the Planned Community Development (PCD) Zoning District we are requesting. The code allows for minor deviations from the required regulations in order to promote the development of a more unique community. The proposed community is considered superior design and function over a typical residential community in the RL -3 zoning district. The proposed community has an 18 -hole golf course and over 49 acres of preserve area. Many of the homes in the proposed community abut either a . golf course, preserve area or Lake Area. The regulations for residential developments in the RL -3 Zoning District are meant for communities without the large amounts of open space. Therefore, the City allows for minor deviations from the required development regulations. The following is a brief explanation of the requested waivers. Rear & Side Setback for Screen Enclosure. The applicant would like to request a waiver from Section 70 RL -3 Residential Low Density District, subsection (c), Table H, Property Development Regulations — Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and a rear setback which requires a 10 foot setback. The required setback for screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that screen enclosures be allowed to be constructed 3 feet from the property line (5' and 7' Waiver). This will allow for sufficient landscaping and access to the rear of the property. The applicant is requesting a waver to the 10 foot required rear setback for structures. The applicant is proposing that screen enclosures be allowed to be constructed 3 feet from the rear property line when adjacent to preserve area (7' waiver) and 0 feet from the rear property line when not adjacent to preserve areas (10' waiver). With only a few exceptions, all lots have rear frontage on some form of open space rather than another lot, which eliminates the impact that a reduced rear setback may have in a more standard subdivision. The 3 feet will not be landscaped. It will only contain sod as to minimize the need for upkeep on the rear portion of the lots. The 3 -foot area when adjacent to the preserve area allows residents to access the rear of the property for maintenance of the screen enclosure /pool area. There are only three (3) lots affected by this three (3) foot setback requirement. They are 26, 27, and 28. When adjacent to the golf course or lake maintenance easement, residents will be able to access the rear of their properties via the golf course open space or lake maintenance easement. i - Frenchman's Reserve Page 3 of 5 Pod F The applicant is proposing to allow pools and spas to be located 2' from fences afld screen enclosures. This is consistent with the Land Development Regulations. Sidewalks. The applicant is requesting a waiver from Section 256 Sidewalks, Subdivision IV, Property Development Regulations — Minimum requirements, which requires a five -foot concrete sidewalk on both side of the street in a subdivision with the exception of a cul -de -sac. The applicant is proposing four (4) foot sidewalks have on both sides of the street for Pod F. These sidewalks will allow- all residents to easily access the pedestrian circulation system in place for the entire PCD. We feel the additional one - foot of sidewalk required by the LDR's is not warranted when we are providing sidewalks on both sides of the street. The ROW for the streets in this pod is only 50'. The traffic on this roadway will be residents of the pod only. Pedestrians will be able to safely cross the street if one of the sidewalks becomes congested with pedestrians or bicycle traffic. ARCHITECTURAL STYLE AND SPECIAL FEATURES Pod F will be developed as single - family homes. Included in this application is a Proto - Typical elevation of the style and character of the proposed homes that will be located in the Pod. Design Guidelines for Pod F The follow design guidelines are being submitted to provide for consistency in the design and character of the homes within Pod F. • Unifying architectural treatments shall include: o Concrete Block Construction with textured or sand stucco finish o Double roll concrete tile roofs o Minimum 2 -car garages o Multi -pane front elevation windows o Roof styles shall be gable, hip, or Boston hip. o Garage doors paneled or with applied moldings. o Band treatments at windows and doors on sides of homes visible from street. o Smooth stucco band of- precast stucco trim • Building heights will not exceed 36 -feet. • Decorative pavement shall be used on driveways and entry walks. Minimum quantities of plant material required for each lot are: 0 12 canopy trees or large palms ( "required" trees planted at 12' o.a. height and "required" palms species will provide a spread of 15 -feet at maturity.) 0 5 small trees /accent plants 0 350 shrubs and groundcover plants. *Note: The numbers of plants listed are minimum numbers only. Shrubs are planted at 3 gallon minimal; ground covers are planted at one - gallon minimum. • No two homes located side by side shah have the same combination of exterior wall and trim color. • All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. • No two homes located side by side shall have the same front elevation. • Building lot coverage shall be limited to a maximum of 55 %. • Color selections for Pod A shall be as follows: • Roof Tiles — (Entegra) — Poinciana Blend, Addison Blend, Flagler Blend, Mizner Blend • Pavers/Drives/Walkways — (Paver Module2 E -10, E -17, P -235, P -448. • Exterior Wall Colors — (Color Wheel), Tavern Taupe (8673M), Northern Plains (8242W), Plantation Beige (8213M), Crisp Khaki (8233M) Frenchman's Reserve Page 4 of 5 Apr Pod F o - Exterior Trim Color — (Color Wheel), Tequila (.8672W), Botany Beige (8221W), Sandy Lane (8211 W), Sawyers Fence (8231 W) *100' wide lots will be custom homes. Therefore the above design guidelines may not be exactly what occurs on the 100' lots. These lots will contain material above and beyond that listed above. Lighting Streetlights will be field located to avoid conflicts with street trees and utilities. Streetlights are shown on the plan submitted with this justification statement. More detailed lighting plans will be submitted at a latter date. Landscape Plans This application includes a Common Area Planting, which includes several varieties of trees, shrubs, and groundcovers. The Property Owners Associations will do maintenance of all common area landscaping. Parking Required parking is calculated at two spaces per dwelling units plus one space for each bedroom in excess of two per dwelling. Each unit type will provide a minimum of a two -car garage with two spaces in the driveway apron. Signage The location of the entrance sign has been noted on both the site plan and landscape plan. It is the intention of the developer to submit a comprehensively designed signage package at a later date for review and approval of the City Council for all project signage. • Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes, which are part of the surface water management system for the project. 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' . !'oii•., ,�i �' GRuwiH, MANAGEMENT DEPARTMENT • IIIIIII11111III111IIIIl IIIIIIIIIIIIIIIIIIIII�IIillllllllllllll I +•FI•III•I•I•I•I+ I+•EI•I•I -I -Ill Ill 4.1- 1111.11. 111• VIII-- I- I- I- 1- t- I- I ;;- I- I- I- I- I- I -I - -I I�- I1 • i•iil•i!id! (I�kl�l�l�il I�I il�llili��ii511 Il���i, p' +I II �I�I�I��I�I�I�I'I�11���I�I��I a �.. It•I•I•I•F41 I, I I I I I I I I I It l 11 I I I I, .bl•I.b41.1.1. ►h d n m %1.,' 1, 41•F4b `�i 1 1� ! u JI I�1( Ill I i1►II'1 I il!jj Ell .. .••..•.. ll,.Lh11, kI t. ..L1.1. 1. 1. 1.1 llt"' 1, 1, 1, d 1 I, .ItI,p It I,M Pla,l.1,ltllle n dll� III ►11111 11► II II I I II+ I�IIIIIIIII' Illlllil� 11111.111111111111 ®}� ®® MEM as Last Revised: Original: July 11, 2001 July 13, 2001 July 17, 2001 July 27, 2001 RESOLUTION 121, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD D" LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 77 SEMI - CUSTOM SINGLE - FAMILY HOMES, LOCATED APPROXIMATELY '/4 MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF' APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -08) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval of "Pod D" within the Frenchman's Reserve PCD, allowing for the development of 77 semi - custom single - family homes, located approximately '/4 mile east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as part of site plan approval; and WHEREAS, the 26.21 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on June 12, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 77 semi - custom single - family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod D" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 77 semi - custom single - family homes. 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) Within thirty (30) days of site plan approval, the applicant shall provide a revised landscape plan indicating additional off -site landscaping adjacent to screen enclosures for lots with zero foot rear setbacks, to be approved by the Growth Management Department (Planning and Zoning). (2) A maximum of four dry model permits may be issued, subject to staff review and approval, prior to recording the plat (Engineering and Planning & Zoning). (3) Prior to the first building permit, excluding dry models, the applicant shall record the plat (City Engineer). (4) The applicant shall post a letter of credit prior to the issuance of a building permit for the dry models in the amount of one -third (1/3) the construction cost (to be agreed upon by staff) per model, for the purposes of demolition andlien protection, to remain in effect until the plat is recorded (City Engineer). (5) The issuance of permits for construction of the four dry models prior to platting shall be limited to the model lots as shown on the site plan (City Engineer). (6) No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). (7) No access by the general public will be allowed to a model home until the final certificate of completion is issued (City Engineer). (8) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). (9) The applicant acknowledges that the waiver granted from the requirement for platting prior to building permit is at the applicant's risk and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: (1) Section 75, Rear Setback, to allow for a screen enclosure setback of three -foot feet for parcels adjacent to a wetland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. 2 (2) Section 75, Rear Setback, to allow for a screen enclosure setback of 0 feet for parcels adjacent to golf course or lake. The Land "Development Regulations require a minimum rear setback of ten (10) feet for structures. (3) Section 75, Side Setback, to allow for a screen enclosure setback of 3.5 feet. The Land Development Regulations require a minimum 7.5 -foot setback of 10% of lot width for screen enclosures. A minimum seven -foot clear zone must be maintained between screen enclosures. (4) Section 256, to allow for two four -foot sidewalks on either side of the street. The Land Development Regulations require one five -foot sidewalk on one side of the street for cul -de -sacs with 80 lots or less. (5) Section 217, to allow for the issuance of a building permit for four dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) June 5, 2001 Site Plan, Land Design South, Sheet SP- 1. (2) . February 9, 2001 Proto - typical Landscape Plan, Krent Wieland and Urban Design Studio, Sheets LA -PM3, LA -PM -4. (3) February 9, 2001 Street Tree Landscape Plan, Land Design South, Sheet LA- A1. (4) November, 2000 Prototypical Model Floor Plans and Elevations, Toll Architecture, Sheets A -1 and A -2a. (5) May 23, 2001 Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet. (6) February 6, 2001 Boundary Survey, Petzold Group, 1 Sheet. (This space intentionally left blank) 3 a Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: JOE RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO \ \FILE_SRV\COMPROG \Short Range \sp0108rerev.doc AYE NAY ABSENT • CITY OF PALM BEACH-GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -08 - Frenchman's Reserve Pod D. Consideration of Approval: Resolution 121, 2001, A request by Jennifer Morton of Land Design South, on behalf of Toll Brothers Communities, Inc., for site plan approval for Pod D within the Frenchman's Reserve Planned Community Development (PCD), for 77 semi - custom single - family dwelling units. RECOMMENDATION Staff recommends approval of the request, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission Growth Management: Action: Principal Planner Karen M. Craver, Project Costs: $ Total [ ] Approved [ ] App. w/ conditions City Attorney Manager [ ] Denied Edward Tombari $ [ ] Rec. approval Finance NA Current FY X a [X] Rec. pp• w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growt Date: [ ]Operating 121, e e Direc or LIC Paper: [ x ] 2esolution ( ,14, , Other N/A • Code Comparison Charles K. Wu, AICP • Zoning and Land Use [X] Not Required • Master Plan Approved by: • Legal Description Affected parties: City Manager Budget Acct. #: • Project Narrative otified N/A • Site /Landscape Plan [ x ] Not Required • Building Elevations • Floor Plans [ ] None REQUEST Jennifer Morton of Land Design South, agent for Toil Brothers Communities Inc., is requesting site plan approval for 77 semi - custom single - family dwelling units in Pod D of City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -08 the Frenchman's Reserve Planned Community Development, with a proposed density of 2.94 units per acre. The 26.21 -acre site is bounded by the Hood Road extension to the north, Frenchman's Reserve clubhouse to the south, and golf course to the east and west (41- 34S -42E). BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman's Reserve Planned Community Development (PCD) for 530 dwelling units. This is the fourth of eight residential pods to be submitted for site plan review; two residential pods have received final City Council approval. This petition shall be subject to all applicable PCD requirements. Pod D is within the eastern half of the Frenchman's Reserve PCD located on the north side of the PCD Spine Road, directly across from the Clubhouse parcel. The typical lot size for this pod is 80 feet by 140 feet. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of Residential Low (RL -3), and has a future land use designation of Residential Low (RL). The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to final review of the Frenchman's Reserve PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Site Access Access to the site is available from the proposed Hood Road extension, which shall be constructed by the petitioner. The Hood Road extension shall connect Alternate All with Prosperity Farms Road, as required by the City's Comprehensive Plan. An internal PCD "spine road" shall access Pod D along with all other Residential Pods within the proposed PCD, with the exception of one (Pod H). The spine road shall intersect with the Hood Road extension at an approved roundabout. No Certificates of Occupancy shall be issued within Pod D prior to the completion of the Spine Road up to the entrance of Pod D, as required by the master plan development 2 City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -08 order. Signaq_ e There are no sign details proposed as part of this site plan approval; however, the location of the entrance signage has been noted on both the site plan and the landscape plan. The City Council has approved an application for entry features and signage throughout the PCD, and the Pod D signage to be developed as part of this site shall be consistent with the overall signage package. Landsca pinq/Bufferinq The petitioner is proposing common area plantings within the front entry feature (part of the entry features and signage submittal), as well as a streetscape plan for the Pod D. The petitioner is providing proto - typical model minimum landscaping plans for each lot, and for one versus two -story homes. The petitioner has provided a breakdown of the points for the prototypical landscaping plans, and staff has determined that the plans meet the minimum points requirement set forth by the landscape code. The petitioner has provided 45% open space in the overall PCD. The entry features, "eyebrow" islands and "cul -de -sac" provide for common open space opportunities. The applicant is proposing low ground cover and live oak trees within these locations. Phasinq Development of Pod D will be done in one phase and the applicant is proposing four model homes within the pod. The applicant is requesting that building permits for these models be issued prior to the recordation of the plat, which shall require a waiver from the LDR requirements. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes, that are part of the surface water management system for the project. Waivers The petitioner is requesting waivers from the following code requirements: 0 3 • City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -08 Code Section Required Provided Waiver Staff June 12, 2001 Recommendation P8Z Recommendation Section 75 — 10 feet 0 feet 10 feet Conditionally Conditionally Rear Setback, Support: Support: Screen Enclosure additional additional — Golf Course landscaping in landscaping in and Lake rear may be rear may be required per required per G.M.D. review. G.M.D. review. Section 75 — 10 feet 3 feet 7 feet Support Support Rear Setback, Screen Enclosure - Wetland Preserve Section 75 — Side 8 feet: 80 foot 3.5 feet 4.5 feet: 80 Support Support Setback, Screen lots foot lots Enclosures 10 feet: 100 ft. 6.5 feet: lots 100 ft. lots Section 217 — (c) No building Dry model Prior to plat Conditionally Conditionally Platting permits issued building recordation Support Support until plat permits prior recorded. to plat recordation Section 256 — 5 foot sidewalks 4 foot sidewalk on One (1) foot Support Support Sidewalks i required on one side both sides of the of the street street _ The petitioner has provided sufficient justification for all waivers, which is included in the attached project narrative. *As a result of previous discussions with the Planning and Zoning Commission regarding the zero foot rear setbacks for screen enclosures and the surrounding landscaping, staff recommended a condition of approval to address the issue, which has been agreed to by the applicant. The applicant is currently developing the required landscape plan that shall be submitted to staff for review and approval. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission reviewed this application at its June 12, 2001 meeting. The Planning and Zoning Commission unanimously recommended this application for approval with conditions. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -08 with conditions 4 Last Revised: Original: July 11, 2001 July 13, 2001 July 17, 2001 RESOLUTION 121, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD D" LOCATED WITHIN THE FRENCHMAN'S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 77 SEMI - CUSTOM SINGLE - FAMILY HOMES, LOCATED APPROXIMATELY % MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -08) from Land Design South, agent for Toll Brothers Communities, Inc., for site plan approval of "Pod D" within the Frenchman's Reserve PCD, allowing for the development of 77 semi - custom single - family homes, located approximately t/< mile east of the intersection of Hood Road and Alternate All A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as part of site plan approval; and WHEREAS, the 26.21 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on June 12, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 77 semi- custom single - family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod D" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 77 semi - custom single - family homes. • _ 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) Within thirty (30) days of site plan approval, the applicant shall provide a revised landscape plan indicating additional off -site landscaping adjacent to screen enclosures for lots with zero foot rear setbacks, to be approved by the Growth Management Department (Planning and Zoning). (2) A maximum of four dry model permits may be issued, subject to staff review and approval, prior to recording the plat (Engineering and Planning & Zoning). (3) Prior to the first building permit, excluding dry models, the applicant shall record the plat (City Engineer). (4) The applicant shall post a letter of credit prior to the issuance of a building permit for the dry models in the amount of one -third (1/3) the construction cost (to be agreed upon by staff) per model, for the purposes of demolition and lien protection, to remain in effect until the plat is recorded (City Engineer). (5) The issuance of permits for construction of the four dry models prior to platting shall be limited to the model lots as shown on the site plan (City Engineer). (6) No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). (7) No access by the general public will be allowed to a model home until the final certificate of completion is issued (City Engineer). (8) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). (9) The applicant acknowledges that the waiver granted from the requirement for platting prior to building permit is at the applicant's risk and that any potential construction changes to the model hombs due to the eventual plat recordation is the sole responsibility of the applicant (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: (1) Section 75, Rear Setback, to allow for a three -foot rear setback for parcels adjacent to a wetland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. • 2 (2) Section 75, Rear Setback, to allow for a zero -foot rear setback for parcels adjacent to-golf course or lake. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. (3) Section 75, Side Setback, to allow for a screen enclosure setback of 3.5 feet. The Land Development Regulations require a minimum 7.5 -foot setback for screen enclosures. A minimum seven -foot clear zone must be maintained between screen enclosures. (4) Section 256, to allow for two four -foot sidewalks on either side of the street. The Land Development Regulations require one five -foot sidewalk on one side of the street for cul -de -sacs with 80 lots or less. (5) Section 217, to allow for the issuance of a building permit for four dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) June 5, 2001 Site Plan, Land Design South, Sheet SP- 1. (2) February 9, 2001 Proto - typical Landscape Plan, Krent Wieland and Urban Design Studio, Sheets LA -PM3, LA -PM-4. (3) February 9, 2001 Street Tree Landscape Plan, Land Design South, Sheet LA- A1. (4) November, 2000 Prototypical Model Floor Plans and Elevations, Toll Architecture, Sheets A -1 and A -2a. (5) May 23, 2001 Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet. (6) February 6, 2001 Boundary Survey, Petzold Group, 1 Sheet. (This space intentionally left blank) 0 3 • Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. JOE RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: CAROL GOLD, CMC, CITY CLERK . LEONARD RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO GAShort Range1sp0108re1.doc 0 • Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. _ JOE RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: CAROL GOLD, CMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO GAShort Range \sp0108re1.doc • 4 AYE NAY ABSENT r� L • Code Requirement Proposed Plan consistent Waiver Requested Maximum Density for: Yes RL -3 = 5 du /acre 2.93 d.u. /acre Minimum Site Area for RL -3: Yes 6,500 SF 11,200 SF Minimum Site Width for: RL -3 = Yes 65 feet 80' Maximum Building Lot No Waiver Coverage for RL -3: 35% 50% granted: PCD Approval Maximum Building Height for Yes RL -3: 36 feet 36' Front Setback for RL -3: No Waiver 25 feet Zero lots -22.5 feet granted: PCD Approval Building Side Setback for: No Waiver RL -3 = >7.5 feet or 10% lot 0 granted: width PCD Approval Screen Enclosure Side Setback 3.5 feet No Yes (non -zero side) for RL -3 = 7.5 feet of 10% lot width Side Setback Facing a Street N/A for: N/A RL -3 = 20 feet Rear Setback for: Zero Lots — 0 -foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to lakes /golf course Rear Setback for: Zero Lots — 3 foot for screen No Yes RL -3 = 10 feet enclosure setbacks, adjacent to wetland preserve Sidewalks: Two four -foot sidewalks No Yes One five -foot sidewalk on one side of road Required Parking: 2 car garage and 2 spaces in Yes = >2 /dwelling unit or 1 /bedroom drivewey • • • EXHIBIT "A" Page 1 • ON LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST ONE — QUARTER (NE 1/4) OF SAID SECTION 31; THENCE SOUTH 02'10'27" WEST, ALONG THE EAST LINE OF THE NORTHEAST ONE— QUARTER (NE 1/4) OF SAID SECTION 31, A DISTANCE OF 2368.13 FEET; THENCE NORTH 87'49'33" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 3796.14 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02'10'27" WEST, A DISTANCE OF 605.09_ FEET TO THE POINT OF CURVATURE-OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 1000.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4'00'18 ", A DISTANCE OF 69.90 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 196.04 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 186'51'08 ", A DISTANCE OF 639.32 FEET; THENCE NORTH 05'01'13" EAST, A DISTANCE OF 65.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 15.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'42'48 ", A DISTANCE OF 10.92 FEET TO THE POINT OF TANGENCY; THENCE NORTH 46'44'02" EAST, A DISTANCE OF 48.67 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 60.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'33'35 ", A DISTANCE OF 46.66 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02'10'27" EAST, A DISTANCE OF 442.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 38.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 95'18'08 A DISTANCE OF 63.21 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 86'52'19" WEST, A DISTANCE OF 681.49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 235.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80'57'11 ", A DISTANCE OF 332.03 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 05'55'08" WEST, A DISTANCE OF 216.47 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO' THE WEST HAVING A RADIUS OF 2015.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 84'13'42" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 652'54 ", A DISTANCE OF s co N� M d-� N__ • • EXHIBIT "A" Page2 i 242.01 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 12'39'11" WEST, A DISTANCE OF 176.42 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO .THE EAST HAVING A RADIUS OF 5200.00 FEET; THENCE SOUTHERLY ALONG.THE ARC OF OSAID CURVE THROUGH A CENTRAL ANGLE OF 2'29'53 ", A DISTANCE OF 226.72 FEET; THENCE NORTH 80'24'31" WEST, A DISTANCE OF 190.25 FEET; THENCE NORTH 09'35' 29" EAST_, A DISTANCE OF 21.27 FEET; THENCE NORTH 80'24'31" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 09'35'29" EAST, A DISTANCE OF 68.87 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 750.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3'13'05 ", 'A DISTANCE OF 42.13 FEET TO THE PO MT OF TANGENCY; THENCE NORTH 12'48'34" EAST, A DISTANCE OF 200.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 3000.00 FEET; ;THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6' 57'05 ", A DISTANCE OF 363.98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 05'51'28" EAST, A DISTANCE OF 109.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1500.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1'52'56 ", A DISTANCE OF 49.28 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE .EAST HAVING A RADIUS OF 453.82 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'24'23 ", A DISTANCE OF 82.42 FEET TO THE (POINT OF TANGENCY; THENCE NORTH 14'22'55" EAST, A DISTANCE OF 210.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 189.68 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62'14'09 ", A DISTANCE OF 206.03 FEET TO THE POINT OF TANGENCY; THENCE NORTH 76'37'04" EAST, A DISTANCE OF 231.54 FEET TO THE .POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF `565.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL .ANGLE OF 10'15'15 ", A DISTANCE OF 101.12 FEET TO THE POINT OF TANGENCY; R ,565'0' " 0.15 2 N86'52'19 "E 789.01' L.101 Oq. " �f- S86-52 19 "W 681.49' ' O � k h00 • EXHIBIT "A" m!I im • • T, TO OF 0 CE TO OF AL Y; OF T; 6' TH A LY CE HE ID HE ET A GH OF HE OF AL r • THENCE NORTH 86'52'19" EAST, A DISTANCE OF 789.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 250.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 36'17 ", A DISTANCE OF 55.00 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 192.77 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 114'06'27 ", A DISTANCE OF 383.90 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 08'22'29" WEST, A DISTANCE OF 71.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 250.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6'12'01 ", A DISTANCE OF 27.05 FEET TO THE POINT OF BEGINNING. CONTAINING 1,118,015 SQUARE FEET OR 25.666 ACRES, MORE OR'LESS. R= 38.00' L= 63.21' A D =95'18 08 R=25() D=l 2- 3 � L=55-0 �. R= 250.09' L=27.95 D =6'12 01 (TIE LINE ONLY) _ N87'493A"W ' 350.00 �-o:1 LAND Land Planning' OPESIGN Landscape Architecture Environmental Consultation SOUTH561- 478 -8501 • FAX 561- 478 - 5012 • Congress Business Center • 1280 N. Congress Aver ue • &Ae 215 • west Pc dm Beoch Flo k 33409 PROJECT NARRATIVE FRENCHMAN'S RESERVE PCD POD D FEBRUARY 9, 2001 Request/Location This request is for Site Plan and Appearance approval for Pod D within the Frenchman's Reserve PUD. The Frenchman's Reserve PCD is located on the east side of Alternate A 1 A, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. Pod D is comprised of approximately 26.37 -acres and is located in the northeastern portion of the PCD. The subject property is bounded by golf course hole 12 on the north side, golf course hole 13 on the east side, golf course hole 14 on the south side, and golf course hole 10 on the west side. The subject property is comprised of a total of 77 single- family dwelling units. This pod will be comprised of 80' x 140' lots. The proposed densities are consistent with the low- density designation for Pod D on the Master Plan. The proposed population for this pod will be approximately 208 persons. Toll Brothers will be the developer of the -homes located in Pod F. Home construction practices and architectural styles will be consistent with the high quality of homes built in comparable Golf Course communities in Palm Beach Gardens. History On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The PCD then went before the Planning and Zoning Board*Public Hearing on January 19, 2001. The P & Z Board recommended approval of the PCD. The PCD is scheduled to go before the City Council on February 15, 2001 for the first reading and March 15, 2001 for the second reading and final adoption. ' The City Council approved Resolution 124,1999 which allows for the concurrent processing of site plans while the PCD Master Plan application is being reviewed. The uses and densities proposed for Pod D are consistent with those of the Master Plan currently being reviewed. The applicant understands that the PCD amendment application must be approved prior to approval of this application. Compliance/Land Use r!eP The proposed development is in compliance with all environmental ordinances Palm Beach Gardens. All surrounding property is zoned PCD and also has a L designation of RL. Development of this parcel is in conformance with the Master in the review process. Frenchman's Reserve Pagel of 4 Fe 9, Pod D • • • Phasing Development of Pod D will be done as one phase. Roadway, lake and golf construction will be occurring simultaneously with the construction of Pod D. Access Roadway access to Pod D will be via the main collector road, which runs from the west -to the east. This collector road (80 -foot right -of -way (ROW)) connects to Hood Road (60 -foot ROW), which connects to Dixie Highway (125 -foot ROW). Residents will access the individual lots via a fifty (50) foot ROW. The following table identifies the different zoning districts and land use designations surrounding Pod D. EXISTING ZONING AND LAND USE DESIGNATION Proposed Use Zoning District Future Land Use Consistent Density (Allowed on Designation Subject Property: PCD Master Plan) Pod D: (Master Plan RL 77 Single Family Homes Designation Low Density) To the North of: Lot Coverage 35% Goff Course Hole # 12 PCD RL To the South of Got (Course Hole #14 & #15 PCD RL To the East of Limit (Limits allowed 36 Feet Got (Course Hole 913 PCD RL To the West of. Golf Course Hole # 10 PCD RL The following table compares the proposed site plan with the City of Palm Beach Gardens Land Development Code. SITE ANALYSIS FRENCHMAN'S RESERVE POD A Required Proposed Consistent Density (Allowed on Low — max of 5 du /ac 2.92 du/ac Yes Master Plan) Maximum Building Lot Coverage 35% 55% No (required by LDRs) Maximum Height Limit (Limits allowed 36 Feet 36 Feet Yes in PCD SETBACKS, Front Straight zoning varies from 35' to 25', Subdivision code 22 feet Yes allows Planned Developments to reduce to 1 v 10' for side loaded garage & 20' for front loaded garage Frenchman's Reserve Pod D Page 2 of 4 February 9, • • Side Street 20' N /A, There are no Yes side street setbacks for this pod. Side Interior 10% of lot width, or 7.5', 7.5' No whichever is greaterO Rear Code varies from 25' to 10' 15' No PARKING Number (Requires by Two spaces per dwelling unit Each unit will have Yes LDR's) plus one space for each a minimum of a 2 bedroom over two car garage with a two car apron Architectural Style and Special Features Pod D will be developed as single - family homes. Included in this application is a Proto - Typical elevation of the style and character of the proposed homes. Design Guidelines for Pod D The follow design guidelines are being submitted to provide for consistency in the design and character of the homes within Pod D. • Unifying architectural treatments shall include: • Concrete Block Construction with textured or sand stucco finish • Double roll concrete the roofs • Minimum 2 -car garages • Multi -pane front elevation windows • Roof styles shall be gable, hip, or Boston hip. • Garage doors paneled or with applied moldings. • Band treatments at windows and doors on sides of homes visible from street. • Smooth stucco band or precast stucco trim • Building heights will not exceed 36 -feet. • Decorative pavement shall be used on driveways and entry walks. • Minimum quantities of plant material required for each lot are: 0 12 canopy trees or large palms ( "required" trees planted at 12' o.a. height and "required" palms species will provide a spread of 15 -feet at maturity.) 0 5 small trees /accent plants 0 350 shrubs and groundcover plants. *Note: The numbers of plants listed are minimum numbers only. Shrubs are planted at 3 gallon minimal; ground covers are planted at one - gallon minimum. • No two homes located side by side shall have the same combination of exterior wall and trim color. • All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. • No two homes located side by side shall have the same front elevation. Building lot coverage shall be limited to a maximum of 55 %. Color selections for Pod A shall be as follows: • Roof Tiles — (Entegra) — Poinciana Blend, Addison Blend, Flagler Blend, Mizner Blend • Pavers /Drives/Walkways — (Paver Module) E -10, E -17, P -235, P -448. • Exterior Wall Colors — (Color Wheel), Tavern Taupe (8673M), Northern Plains (8242W), Plantation Beige (8213M), Crisp Khaki (8233M) Frenchman's Reserve Pod D Page 3 of 4 February 9, 0 o Exterior Trim Color — (Color Wheel), Tequila (8672W), Botany Beige (8221 W), Sandy Lane (8211 W), Sawyers Fence (8231 W) • Lighting Streetlights will be field located to avoid conflicts with street trees and utilities. Streetlights are shown on the plan submitted with this justification statement. More detailed lighting plans will be submitted at a latter date. Landscape Plans This application includes a Common Area Planting which includes several varieties of trees, shrubs, and groundcovers. It is the intent of the developer to submit the detailed entry features /signage and landscaping at a future date for City Council approval. The Property Owners Associations will do maintenance of all common area landscaping. Parking Required parking is calculated at two spaces per dwelling units plus one space for each bedroom in excess of two per dwelling. Each unit type will provide a minimum of a two -car garage with two spaces in the driveway apron. Signage The location of the entrance sign has been noted on both the site plan and landscape plan. It is the intention of the developer to submit a comprehensively designed signage package at a later date for review and approval of the City Council for all project signage. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes which are part of the surface water management system for the project. 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Community Development (PCD), for 35 custom single family lots. RECOMMENDATION Staff recommends approval of the request. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission rowth Management: Action: Principal Planner Karen M. Craver, 10 Project O�f Costs: $ Total [ ] Approved [ ]APP• w/ conditions City Attorne Manager [ ] Denied Edward Tombari $ [X] Rec. approval Finance NA Current Y F Rec. a w/ conds. [ ] PP• [ J Rec. Denial Human Res. NA Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: [ ] Operating • Resolution 122, Manage god Director (C Paper: Other N/A •Code Comparison Charles K. Wu, AICP • Zoning and Land Use [X] Not Required • Legal Description Approved b PP y: • PCD Master Plan Al a arties: City Manager Budget Acct. #: • Project Narrative ] Notified N/A • Site /Landscape Plan [ x ] Not Required [ ]None REQUEST Anne Booth of Urban Design Studio, agent for Taylor- Woodrow Communities Inc., is requesting site plan approval for 35 custom single - family dwelling units in Parcel 8 of the Mirasol Planned Community Development, with a proposed density of 3.08 dwelling units . City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -12 per acre. The 16.59 acre site is located on the western edge of the Mirasol PCD, approximately one (1) mile northwest of the intersection of Jog Road and PGA Boulevard. (4-41 S-42E) BACKGROUND On May 18, 2000 the City Council approved Ordinance 8, 2000, which approved the Master Plan of the Golf Digest Planned Community District (PCD), which is now known as the Mirasol PCD, and included a total of 2145 dwelling units. As of this date, no Certificates of Occupancy have been issued for residential units within Mirasol. However, the City Council has approved site plans for eleven residential pods, which includes 860 dwelling units. This petition shall be subject to all applicable PCD requirements. Parcel 8 is located on the western side of the Mirasol PCD, adjacent to the preserve area and the C -17 canal. The typical lot size in Parcel 8 is 100 feet by 145 feet. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL -3) with a Planned Community Development (PCD) overlay and has a future land -use designation of Residential Low (RL). The site is also designated as "Low" on the approved Mirasol Master Plan, which permits the parcel to be developed to a maximum density of five (5) dwelling units /acre. CONCURRENCY Concurrency for this site was established prior to the approval of the Mirasol PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Site Access Access to the site is available from an internAl PCD "spine road ", Mirasol Way. Mirasol Way intersects with Mirasol Boulevard, which connects with Jog Road at a landscaped roundabout. Jog Road intersects with PGA Boulevard just to the south of the roundabout. Mirasol Way is currently under construction and will be completed simultaneously with the parcel construction. In accordance with condition number 63 of Ordinance 8, 2000, a stabilized road base will be completed prior to the start of construction. Signage The location of the entrance signs has been noted on both the site plan and the landscape 0 2 • City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -12 plan. The proposed signs will be consistent with the Master Signage Program, which has been approved by the City. Landscapinq/Bufferinq The applicant has provided landscape plans for the entry areas, open space areas, cul -de- sacs and the pump house buffer. The planting concepts within this parcel maintain the native theme which is present throughout the overall development. Maintenance of all landscaping within the parcel will be by the Homeowners Association of the parcel. Phasing Development of Parcel 8 will be done in one phase. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes, that are part of the surface water management system for the overall Mirasol PCD. Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff P& Z Recommendation 6/12/01 Section 75 – Rear 10 feet 3 feet 7 feet Support Support Setback, Screen Enclosure. Section 75— Side 10 feet 5 feet 5 feet Support Support Setback, Screen Enclosures Section 75 – Lot Maximum lot coverage Maximum lot coverage 10% Support Support Coverage I of 35% of 45% The petitioner has provided sufficient justification for all waivers. The justification is in the attached project narrative. ' PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this application at its June 12, 2001 meeting. The Commission unanimously recommended approval of this application. STAFF RECOMMENDATION Staff recommends approval of petition SP- 01 -12. 0 3 • Last Revised: Original: July 11, 2001 July 13, 2001 July 17, 2001 July 18, 2001 RESOLUTION 122, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL 8" LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 35 CUSTOM SINGLE - FAMILY HOMES, LOCATED APPROXIMATELY 1 MILE NORTH OF THE INTERSECTION OF PGA BOULEVARD AND JOG ROAD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (SP- 01 -12) from Urban Design Studio, agent for Taylor- Woodrow Communities, Inc., for site plan approval of "Parcel 8" within the Mirasol PCD, allowing for the development of 35 custom single - family homes, located approximately 1 mile north of the intersection of PGA Boulevard and Jog Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks three waivers as part of site plan approval; and WHEREAS, the 16.59 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on June 12, 2001, the Planning and Zoning Commission recommended approval of the site plan for "Parcel 8 ". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: • Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves.a site plan for "Parcel 8" within the Mirasol PCD, allowing for the development of 35 custom single - family homes, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens hereby approves the following three waivers with this approval: (1) Section 75, Maximum Lot Coverage, to allow for 45% lot coverage. The Land Development Regulations (LDRs) require a maximum of 35% lot coverage. (2) Section 75, Rear Setback, to allow for a three -foot rear setback for screen enclosures. The LDRs require a minimum rear setback of ten feet. (3) Section 75, Side Setback, to allow for a side setback of 5 feet for screen enclosures. The Land Development Regulations require a minimum ten -foot side setback for structures, including screen enclosures. Section 3. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 4. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) May 23, 2001 Site Plan, Sanderz Planning Group, Sheet SP -1 (2) February 22, 2001 Entry and Buffer Landscape Plans, Sheets L -1, L -2 (3) May 23, 2001 Buffer Landscape Plan, Krent Wieland, Sheet L -3 (4) August 2000, Primary Pump Station Structural Plans, Mock -Roos, 6 Sheets (5) May 23, 2001 Conceptual drainage Layout, Mock -Roos, 1 Sheet (6) February 7, 2001 Specific Purpose Survey and Aerial, Mock -Roos, 2 Sheets Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. (This space left intentionally blank) • Section 7. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: CAROL GOLD, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCIL PERSON SABATELLO JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT WILE SWCOMPROG \Short Range \sp0112re.doc is 9 • • • CON9iSITEi CO Code Requirement Proposed Plan CGnslistent 7 Waiver Requested Maximum Density for: Yes RL -3 = 5 du /acre 2.12 du /acre Minimum Site Area for RL -3: Yes 6,500 SF 14,000 SF Minimum Site Width for: RL -3 = Yes 65 feet 100' Maximum Building Lot No Waiver Coverage for RL -3: 35% 45% requested Maximum Building Height for Yes RL -3: 36 feet 36' Front Setback for RL -3: Yes 25 feet 25 feet minimum Building Side Setback for: No Waiver RL -3 = >7.5 feet or 10% lot 5 feet for screen enclosures requested width Side Setback Facing a Street N/A . for: N/A RL -3 = 20 feet Rear Setback for: 3 feet for screen enclosures No Waiver RL -3 = 10 feet requested Required Parking: 2 car garage and 2 spaces in Yes = >2 /dwelling unit or 1 /bedroom driveway 107 • • • F%S�T1NG Z�O�d''C�t3zL.. `5, D�SIG�NASAQIS EXISTING USE ZONING LAND USE Subject Property Planned Community Vacant/Undeveloped Development Residential — Low (RL) (PCD) Master Plan Designation Low North Planned Community District Lake /Mirasol Parcel 9 (PCD) Residential — Low Density (RL) (unapproved) Master Plan Designation Low South Planned Community Golf Course /Mirasol Parcel 7 Development (PCD) Residential —Low (RL) (unapproved) Master Plan Designation Medium East Planned Community Development Residential —Low (RL) Mirasol Golf Club Driving Range (PCD) Master Plan Designation Golf Planned Community Residential — Low (RL) West Development Preserve Area (PCD) Master Plan Designation Preserve • EXHIBIT "A" • LWAL Ut5(:KII' I IUN 4 PARCEL OF LAND SITUATE IN SECTIONS 4 AND 5, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: �ENCING AT THE NORTHWEST-CORNER OF SAID SECTION 4; THENCE ALONG THE H LINE OF SAID SECTION 4, SOUTH 89'24'34" EAST, A DISTANCE OF 530.93 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00'35'26" WEST, A DISTANCE OF 1151.80 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF MIRASOL WAY, TRACT A, MIRASOL PLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 61 THROUGH 65, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 630.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 41'13'28" EAST. SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT -0F -WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33'00'48 ", AN ARC DISTANCE OF 363.00 FEET; THENCE DEPARTING SAID WEST RIGHT -OF -WAY LINE, NORTH 57'43'52" WEST, A DISTANCE OF 215.44 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 335.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44'14'33 ", AN ARC DISTANCE OF 258.68 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 78'01'36" WEST, A DISTANCE OF 239.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 665.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'02'27 ", AN ARC DISTANCE OF 128.15 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89'04'03" WEST, A DISTANCE OF 725.69 FEET; THENCE NORTH 10'18'11" WEST, A DISTANCE OF 190.65 FEET; THENCE NORTH 24'42'12" EAST, A DISTANCE OF 70.50 FEET; THENCE SOUTH 73'04'08" EAST, A DISTANCE OF 94.42 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 53.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 60'03'19" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'16'45 ". AN ARC DISTANCE OF 15.06 FEET TO THE POINT OF TANGENCY; THENCE NORTH 46'13'26" EAST, A DISTANCE OF 11.88 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE "TO THE WEST HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL LE OF 84'43'46 ", AN ARC DISTANCE OF 59.15 FEET TO THE POINT OF ERSE CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF .50 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70'54'12 ". AN ARC DISTANCE OF 275.34 FEET TO THE POINT OF TANGENCY; THENCE NORTH 32'23'52" EAST, A DISTANCE OF 356.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO. THE SOUTH HAVING A RADIUS OF 53.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79'19'54 ", AN ARC DISTANCE OF 73.38 FEET; THENCE NORTH 33'57'00" EAST, A DISTANCE OF 146.20 FEET; THENCE SOUTH 57'36'08" EAST. A DISTANCE OF 46.01 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 198.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 122'51'19 ", AN ARC DISTANCE OF 424.56 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'51'19'. AN ARC DISTANCE OF 114.69 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 32'23'52" WEST, A DISTANCE OF 58.84 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76'10'26 ", AN ARC DISTANCE OF 132.95 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 43'46'34" EAST, A DISTANCE OF 17.59 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47'09'23 ", AN ARC DISTANCE OF 82.30 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89'04'03" EAST, A DISTANCE OF 292.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 335.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11'02'27 ". AN ARC DISTANCE OF 64.55 FEET TO THE POINT OF TANGENCY; THENCE NORTH 78'01'36" EAST, A DISTANCE OF 279.47 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 665.00 FEET; THENCE EASTERLY ALONG THE ARC 0 SAID CURVE THROUGH A CENTRAL ANGLE OF 44'14'33 ". AN ARC DISTANCE OF 50 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 57'43'52" EAST, A TANCE OF 186.69 FEET TO THE POINT OF BEGINNING. CONTAINING 722,677.73-SQUARE FEET OR 16.59 ACRES, MORE OR LESS. 4 •4. f s fF s RRESERVE .R � R� j : �\ � • - � ` '.. aassERVE •r • °'x^f'.i ■- +ti�'"rY.�`�'.��.�'�:i.�fi h � 4 ".4a..t•az.%s'�ei ...c$:�f^4�`w.3's3.a -� ., ..�� •, 1 61, -..��� C ' mil' 8+�� RREEEpvE "0" ORESERI['r- yam. � ::;�� j�; -,d°° •��;: �.. - � s_ �d"'�.��LL �.�.� ~9►.� - .. oatscRVE�•r ar���V�L ��� ✓ i Iii J J u 111 • PROJECT NARRATIVE Parcel 8 at Mirasol (GOLF DIGEST PCD) February 23, 2001 Request/location This is a request for Site Plan and Appearance Review Committee approval of Parcel 8 within Mirasol (the Golf Digest PCD). The proposed plan of development is for 35 single family custom home lots on 16.54 acres at a proposed density of 2.12 du's /ac. This density is below the 5 du's /ac threshold that is allowed by the Master Plan. Parcel 8 is located on the west side of Mirasol Way, in the southeast area of the PCD. The site is surrounded on the north by a 24.9 acre lake, on the south by golf hole number 4, on the east by Mirasol Way and the Clubhouse Parcel, and on the west by a major preserve area. The proposed lots are a minimum of 100' x 144' in size. At the request of City staff, the Pump House architectural and landscape plans have been included in this application for approval. The Pump House is an important part of the master water management system and is included in the South Florida Water Management permit, as well as being shown on the Master Plan. The pump house is located to the north and west of the parcel and will be accessed from an private drive at the end of the parcel cul -de -sac. The applicant and developer of the property will be Taylor Woodrow Communities. The Mirasol • Architectural Review Committee has reviewed and approved the proposed plans for development. History On May 18, 2000 the City Council approved Ordinance 8,2000, which approved the Master Plan of the Golf Digest PCD. The uses proposed on these parcels are consistent with the approved Master Plan. Currently the City staff is reviewing an amended Master Plan. This parcel is also consistent with the proposed Master Plan. Land Use and Zoning The Future Land Use Plan designation of the PCD .is RL, and the zoning designation of the site is PCD. The parcel has a maximum development intensity level identified on the Master Plan as "Low" which allows a maximum density of 5 du's /ac. The density of the proposed plan is 2.12 du's /ac which is less than 5 du's /ac threshold therefore it is in compliance with the approved Master Plan. The underlying zoning used for comparison purposes for this site is RL -3 - Residential Low Density. Included in this narrative is a chart which compares the proposed development to the RL3 Land Development Regulations. 0 Environmental Compliance The PCD is in compliance with all environmental ordinances of the City of Palm Beach Gardens. • • Project Narrative - Mirasol Parcel 8 February 23, 2001 Page 3 Surrounding Uses To the north of the site is a 24.9 acre lake, to the south is golf hole number 4, to the east is Mirasol Way and the Clubhouse parcel, and to the west is preserve area. All surrounding properties are within the PCD. Existing Zoning and Land Use Desienations EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Vacant PCD MP designations Low) RL TO THE NORTH: PCD RL Lake/Parcel 9 TO THE SOUTH: PCD RL Golf Course /Lake TO THE EAST: PCD RL Mirasol Way/Clubhouse TO THE WEST: PCD RL Preserve Concurrency Traffic, Drainage and Utility Concurrency for this site were granted at the time of PCD approval. Traffic The development of this site is consistent with the approved Master Plan. The design of the adjacent roadway system has been submitted and reviewed by the City Engineer. No operational improvements are required as a result of the development of this parcel. Recreation This parcel is directly across from the Clubhouse Parcel which will include golf, tennis and swimming facilities. Sidewalk connections are also provided to the community pedestrian system which includes over 6 miles of Parkways, over 10 miles of multi -use pathways and access to public and private parks. 0 Site Access and Circulation Project Narrative - Mirasol Parcel 8 February 23, 2001 Page 4 Roadway access to the site, via Mirasol Way, is under construction and will be completed simultaneously with the parcel construction. In accordance with condition number 63 of Ordinance 8,2000, a stabilized road base will be completed prior to the start of construction. The site will have a single access point off of the collector roadway which connects the community to Jog Road. Phasing Development of this parcel will be in a single phase. Roadway construction will be occurring simultaneously with the construction of the parcel. Architectural Style and Special Features This parcel will be developed as single family custom homes. All architectural plans will be subject to Mirasol Design Committee review and approval prior to submission to the City for building permit. Lighting Decorative fixtures to match the lighting within the other single family residential communities of the PCD will be provided throughout the development. Locations of light poles have been indicated on the site plan and landscape plan. A lighting detail has been included on the site plans. Street lights will be field located to avoid conflicts with street trees and utilities. Landscape Plans - This application includes Common Area Planting Plans for all common areas including the entry, open space areas, cul -de -sacs and Pump House buffer. The planting concepts within this parcel maintains the native theme which is present throughout the overall development. Planting includes shade trees such as Live Oaks, Mahogany, Green Buttonwood, and Shady Lady. Flowering trees, Palms, native shrubs and groundcovers are also included. Maintenance of all landscaping within the parcel will be by the Home Owners Association of the parcel. Parking Parking will be provided through garage and driveway spaces at one space per bedroom. Signage The location of the entrance signs have been noted on both the site plan and the landscape plan. The proposed signs will be consistent with the Master Signage Program which is currently under review by the City. Specific design criteria for the entrance signs will be submitted at a later date in accordance with the criteria established by the Master Signage Program. 0 Drainage Project Narrative - Mirasol Parcel 8 February 23, 2001 Page 5 Drainage outfall from the site will be accomplished by drainage into inlets and culverts, outfalling into internal as well as adjacent lakes which are part of the surface water management system for the project. (See attached Conceptual Drainage Layout Plan prepared by Mock Roos and Associates ) CPTED Compliance In accordance with condition 52, CPTED criteria was established for the overall PCD. This parcel complies with the CPTED guidelines. The following is a comparison of the parcels to the RL3- Residential Low Land Development Regulations SITE ANALYSIS, Miras l Parcel 8 Comparison Proposed Consistent Density (Allowed on Master Plan Maximum of 5 du's /ac 2.12 du's /ac yes Minimum Open Space minimum of 35% 7.1 ac 43% yes Maximum Building Lot Coverage 35% 45% no Minimum Lot Area 6500 square feet 14400 sf yes Minimum Lot Width 65 feet 100feet yes Max. Height 36 feet 36 feet yes Setbacks Front 10' Front Bldg. setback 20' for front entry garage 50% of unit @ 30' 50% of unit @ 20' yes Side Facing Street 20' 15' N/A Side 7.5' or 10% which ever is greater 10' yes Rear 10' 50% of unit @25' 30% of unit @ 15' 20% of unit 10' yes Parkin Number Ones ace per bedroom Ones ace per bedroom yes Landscaping Points (Required by LDR's 1398 1941 yes WAIVERS Justification Statement Deviations from the standard Land Development Regulations have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan approval process. The code allows and encourages ingenuity,' flexibility and imagination in Project Narrative - Mirasol Parcel 8 February 23, 2001 Page 6 the design of development parcels within a Planned Community District. The consolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. The proposed development plans for Parcel 8 are consistent with other previously approved Custom Home Lot plans within the City as well as the intent of the Planned Development District regulations. The Code requires 20% (461 acres) of the PCD to be preserved as Community Serving Open Space. The Golf Digest PCD provides for over 65% (1505 acres) of the PCD in Community Serving Open Space. The gross density of the Golf Digest PCD is .93 du's /ac. In comparison, PGA National, has 46% open space with a gross density of 2.24 du's /ac and BallenIsles has 52% open space with a gross density of 1.8 du's /ac. All lots within this application abut open space in the form of water or golf. Water and golf frontage provides for a feeling of open space around the units as well as access to both ends of the lot. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. While these parcels meet their required open space requirements, the perception of the adjacent open space for both the home owner and the public is enhanced by designing the lots to be adjacent to landscaped areas or water. Careful attention has been given to the design of the parcels to provide this amenity. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard land development regulations. Parcel 8 is designated on the Master Plan as "Low" which allow a maximum density of 5 du's /ac. The proposed development of this Parcel is for single family custom home lots at a density of 2.12 du's /ac. We have selected the RL -3 Residential Low Density District as the most appropriate zoning district for comparison purposes. We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Community District regulations, and is consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The proposed development is requesting the following waivers from the Land Development Regulations: SIDE AND REAR POOL /SPA/SCREEN /ACCESSORY STRUCTURE SETBACK • Project Narrative - Mirasol Parcel 8 February 23, 2001 Page 7 The applicant would like to request a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table 11, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and Rear Setback which requires a 10 foot setback. The required setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that accessory structures be allowed to be constructed 5 feet from the side lot line (5' waiver), and pools /spas, screen enclosures and accessory structures to be allowed to be constructed 3 feet from the rear lot line (7' waiver). All lots have rear frontage on some form of open space rather than another lot which eliminates the impact that a reduced setback may have in a more standard subdivision. The developer will also be providing landscape screening for the rear areas of the units adjacent to open space or lakes. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL -3 Residential Low Density District, subsection (c), Table 11, Property Development Regulations - Maximum Lot Coverage, which allows a maximum lot coverage of 35 %. This applicant is requesting approval for 45% lot coverage. The proposed 45% maximum lot coverage is consistent with the lot coverage standards for other high -end single family custom residential projects. For example, many of the recent approvals for individual custom home parcels within the Golf Digest PCD have a lot coverage of 45 %. BallenIsles PCD has lot coverage standards of 45 % to 60 %. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67 %. With the provision of additional landscaping on the lot as well as the open space and landscaping surrounding the lots, the effect of increased lot coverage is minimized. A summary of the waivers requested are as follows: Lot Coverage 45% (10% waiver) Rear setback for Pools and Screens 3' (7' waiver) Side Setback for Accessory Structures 5' (5' waiver) Rear Setback for Accessory Structures 3' (7' waiver) S CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report • Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 SUBJECT /AGENDA ITEM Petition SP -01 -21 - Frenchman's Reserve Pod G Lot 3 Phasing (Design Center). Recommendation to City Council: A request by Jennifer Morton of Land Design South, on behalf of Toll Brothers Communities, Inc., for a site plan amendment and waiver request, to allow for the re- designation of one lot (lot 3) from Phase 2 to Phase 1, and to allow for building permit issuance prior to boundary plat recordation for the subject site. RECOMMENDATION Staff recommends approval of the request, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission (l Growth Management: Action: N/A Principal Planner / Karen M. Craver, 'A ' `� Project n�� Costs: $ Total [ ] Approved [ ] App. w/ conditions City Attorney Manager g [ ] Denied � Edward Tom�rt $ [ ] Rec. approval Finance NA Current FY Rec. a w/ conds. [ ] app. [ ] Rec. Denial Human Res. NA Funding Source: [ l Continued to: Submitted by: Advertised: Attachments: Growth Date: [ ] Operating • Resolution 124, 2001 j Managed. [ x l •Legal Description Director Paper: Other N/A • Project Narrative Charles K. Wu, AICP [X] Not Required • Master Plan • Site /Landscape Plan Approved by: Affected parties: City Manager Budget Acct. #: [ ]None [ ] Notifi N/A x ] Not Required REQUEST Jennifer Morton of Land Design South, agent for Toll Brothers Communities Inc., is requesting a site plan amendment to allow for the re- designation of one lot (lot 3) from City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -21 Phase 2 to Phase 1. The lot shall initially house a "design center" that will be converted to single family home at the time that the model center is closed. Pod G is located within the western portion of the "Frenchman's Reserve" PCD, approximately '/4 mile-east of the intersection of Hood Road and Alternate Al (41- 34S -42E). BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman's Reserve Planned Community Development (PCD) for 530 dwelling units. Pod G was the first residential pod to receive approval from the City Council. Pod G is located on the south of the PCD Spine Road, directly across from Pod A. The typical lot size for this pod ranges from 60 feet by 140 feet to 100 feet by 140 feet. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of Residential Low (RL -3), and has a future land use designation of Residential Low (RL). The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to final review of the Frenchman's Reserve PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Phasing The applicant wishes to amend "Phase 1" to allow for the development of one additional lot as a "design center ". The lot was previously designated within "Phase 2 ". Waivers The petitioner is requesting waiver from the following code requirement: Section 222: Plat review and approval process, which requires that plat recordation occur prior to the issuance of a building permit. The applicant is requesting that the building permit for the "design center" be issued prior to the recordation of the plat. The petitioner has provided sufficient justification for the waiver. The justification is in the • attached project narrative. Council previously approved waivers from the same code 2 120 City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition SP -01 -21 requirement to allow for six additional units to obtain building permits prior to plat recordation, within Pod G. STAFF RECOMMENDATION Staff recommends approval of petition SP -01 -21 with conditions of approval. ITILE_SRVICOMPROG1Short Range\sp0121 cc.doc 1] 0 3 • Last Revised: July 13, 2001 July 18, 2001 RESOLUTION 124, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 80, 2001 AND PROVIDING FOR APPROVAL OF A SITE PLAN AMENDMENT APPLICATION TO FRENCHMAN'S RESERVE POD G, ALLOWING FOR THE RE- DESIGNATION OF ONE LOT (LOT 3) FROM PHASE 2 TO PHASE 1, TO BE USED AS A TEMPORARY "DESIGN CENTER ", LOCATED APPROXIMATELY' /4 MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (Petition SP- 01 -21) from Land Design South, agent for Toll Brothers, Inc., for a site plan amendment of "Pod G" within the Frenchman's Reserve PCD, as approved by Resolution 80, 2001, allowing for the re- designation of one lot (lot 3) from Phase 2 to Phase 1, to be used as a temporary "design center", located approximately' /4 mile east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks one waiver as part of site plan approval; and WHEREAS, the 11 -acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL -3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Resolution 80, 2001 and approves a site plan amendment for "Pod G" within the Frenchman's Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the re- designation of one lot (lot 3) from Phase 2 to Phase 1, to be used as a temporary "design center". 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) A maximum of one additional dry model permit ( "Design Center ") may be issued within "Phase V, subject to staff review and approval, prior to recording the plat (Engineering and Planning & Zoning). (2) The applicant shall post a letter of credit prior to the issuance of the building permit for the "design center" in the amount of one -third (1/3) the construction cost (to be agreed upon by staff), for the purposes of demolition and lien protection, to remain in effect until the plat is recorded (City Engineer). (3) The issuance of the permit for construction of the "design center" prior to platting shall be limited to the "design center" lot as shown on the site plan (City Engineer). (4) No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). (5) No access by the general public will be allowed to the design center until the final certificate of completion is issued (City Engineer). 0 (6) The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). (7) The applicant acknowledges that the waiver granted from the requirement for platting prior to building permif-is at the applicant's risk and that any potential construction changes to the design center due to the eventual plat recordation is the sole responsibility of the applicant (Planning and Zoning). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: (1) Section 222, to allow for the issuance of a building permit prior to the recordation of the boundary plat. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: (1) June 22, 2001 Site Plan, Land Design South, Sheet 1 of 1. (2) June 21, 2001 Model Park/Piazza Plan, Urban Design Studio /Krent Wieland, Sheets LA -H1 — LA -H3 0 2 • • • Section 6. All resolutions or plats of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 7. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE ATTESTED BY: CAROL GOLD, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO GAShort Range \sp0121 re.doc DAY OF 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY 3 AYE NAY ABSENT • EXHIBIT ` • • m LEGAL DESCRIPTION: 4fPARCEL OF LAND SITUATE IN SECTION 31. TUAINSHIP 41 SOUTH. RANGE 43 EAST. ALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM ENCING AT THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 31; THENCE SOUTH 02010'27' VEST. ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 31. A DISTANCE OF 2368.13 FEET; THENCE NORTH 87'4933' WEST. DEPARTING SAID EAST LINE. A DISTANCE OF 3796.14 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 2821'03" WEST, A DISTANCE OF 250.93' FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHIMEST HAVING A RADIUS OF 424.00 FEET; THENCE SOUTHMESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73'36049'. A DISTANCE OF 544.76 FEET TO THE POINT OF TANGENCY; THENCE NORTH 78002'08' WEST. A DISTANCE OF 295.12 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24'192230. A DISTANCE OF 10.61 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 336.72 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34' 48'08`. A DISTANCE OF 204.53 FEET; THENCE NORTH 11'57'52' EAST. A DISTANCE OF 191.49 FEET; THENCE NORTH 78002'08' WEST. A DISTANCE OF 10.24 FEET; THENCE NORTH 11'57'52` EAST. A DISTANCE OF 192.86 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 291.62 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 01039806' EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 41'06'07'. A DISTANCE OF 209.19 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC ID CURVE THROUGH A CENTRAL ANGLE OF 27'29'09`. A DISTANCE OF 11.99 WEE;� TO THE POINT OF TANGENCY; THENCE SOUTH 78'02'08` EAST. A DISTANCE OF 196.28 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 190.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73'36'49`. A DISTANCE OF 244.11 FEET TO THE POINT OF TANGENCY; THENCE NORTH 28'21'03' EAST. A DISTANCE OF 45.54 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 499.55 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35'03040, A DISTANCE OF 305.69 FEET TO THE POINT OF TANGENCY; THENCE NORTH 06'42'37' WEST. A DISTANCE OF 6.48 FEET; THENCE NORTH 83017023' EAST, A DISTANCE OF 190.00 FEET; THENCE SOUTH 07' 17002' EAST. A DISTANCE OF 46.58 FEET; THENCE NORTH 83'17'23' EAST. A DISTANCE OF 144:21 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 300.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH 74013'33' EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6'050130. A DISTANCE OF 31.87 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 367.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50' 12'42'. A DISTANCE OF 321_62 FEET TO THE POINT OF BEGINNING. CONTAINING 479.237 SQUARE FEET OR 11.002 ACRES. MORE OR LESS. I Q (� D Land Planning v ES�v iG N Landscape Architecture Environmental Consultation mw SOUTH 561- 478 -8501 • FAX 561.478-6012 • Congress Bumress Center • 1280 N. Congress Avenue • Sulte 215 • West Pptrn Beoch Fier l &U09 City of PP P GNP.•,•; i ti PROJECT NARRATIVE MANACEMFNT_ FRENCHMAN'S RESERVE PCD DEPARTMENT POD G REQUEST/LOCATION This request is for Site Plan and Appearance Approval for Pod G within the Frenchman's Reserve PUD. More specifically this request is to change the phasing for Lot 3. Originally Lot 3 was located in Phase II. We are proposing to change Lot 3 to Phase 1. The Frenchman's Reserve PCD is located on the east side of Alternate AIA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres with a total of 530 units proposed. The PCD application received final City Council approval on March 15, 2001. Pod G is comprised of approximately 11.00 acres and is located in the western portion of the PCD. The subject property is bounded by golf course holes 2, 3, and 4 on the south, west, and northwest sides. To the north of the subject property will be the main collector for the community, which runs from the western portion of the property to the eastern portion. There will be a large 24.65 -acre preserve area to the east of the pod. The subject property is comprised of a total of 36 dwelling units. Twenty-nine (29) of these units will be zero lot line homes (65'x140') and seven (7) will be single - family homes (80'x140'). The proposed densities are consistent with the low- density designation for Pod G on the Master Plan. Toll Brothers will be the developer of Pod G. Home construction practices and architectural styles will be consistent with the high quality of homes built in comparable Golf Course communities in Palm Beach Gardens. The purpose of this request is to change the proposed development type of Lot 3 with Pod G. Lot 3 was originally proposed to contain a dry model located in Phase II. We are proposing to move this lot into Phase I and change the use from a model to a design center. This will be the area where new home owners will design the interiors of their homes. Once again, the only change proposed to the approved plan for Pod G.is to allow Lot 3 to be constructed as a Phase I model to allow for a design center to be constructed on the project. The purpose of the design center is to provide an area for potential residents to view design options such as wall color samples, carpet samples, and Corian, tile and cabinetry samples. The future residents will actually work with the interior designers for the units to select the interior and exterior colors and finishes for their future homes. Having a design center has become a part of the Toll, Brothers sales experience and hag proven to be a very successful component of their marketing approach. PHASING Development of Pod G will be done in three phases. Roadway, lake and golf construction will be occurring simultaneously with the construction of Pod G. Construction of the two proposed parking areas, the sales center, proposed design center and six models will be done in the first phase for this pod.. The two parking lots will be located on Lots 1 and 36. The sales ,center will be located on Lot 2and the proposed design center on Lot 3. Along with the sales facility. lots 30 -35 will be developed as sales models for the community. Lots 33, 34, and 35 will be built as zero lot line homes and Lots 30, 31, and 32 will be built as single - family lots. The roadway for this pod will only be constructed to service the sales center during phase one of this pod. Phase II is being modified to be comprised of five additional Frenchman's Reserve Page 1 of 3 Jun Pod G • lots (4 -8) on the west side of the roadway. These lots will become the models and the original models will be sold. Lots 4, & 5 will be zero lot line homes and lots 6, 7, and 8 will be single - family homes. The remainder of roadway in the pod will built at this time. As shown on the plan the northern section of the access roadway for this pod has an 81' ROW. Within this ROW there is a 22' landscaped median. During phase II the eastern section of this median will be open to two -way traffic. The roadway width in this area is 20'. The western side of the median will be landscaped as part of the new model park. The remainder of the lots in pod G will be built in phase M. ACCESS Roadway access to Pod G will be via the main collector road, which runs for the west to the east. This collector road (80 -foot right -of -way (ROW)) connects to Hood Road (60 -foot ROW), which connects to Dixie Highway (125 -foot ROW). Residents will access the individual lots via an eighty (80) foot and fifty (50) foot ROW. In the eighty (80) foot portion there will be a landscaped median with one -way traffic on either side. SURROUNDING PROPERTIES The following table identifies the different zoning districts and land use designations surrounding Pod G. EXISTING ZONING AND LAND USE DESIGNATION Proposed Use Zoning District Future Land Use Designation Subject Property: Pod G. 29 Zero Lot line Homes PCD (Master Plan Designation Low Density) RL 7 Single Family Homes Yes Master Plan) To the North of. 80' community collector /Golf Course PCD RL Hole #413.35 Acre Lake. Lot Coverage o 35% To the South of PCD RL Golf Course Hole # 2 To the East of " PCD RL 24.65 Acre Preserve Area Limit (Limits allowed 36 Feet To the West of: PCD RL Golf Course Hole # 3 LAND DEVELOPMENT CODE The following table compares the proposed site plan with the City of Palm Beach Gardens Land Development Code. This table identifies the proposed waivers being requested for this pod. The waivers were approved at the May 16, 2001 City Council meeting. They are included here merely for informational purposes. SITE ANALYSIS FRENCHMAN'S RESERVE POD G Required Proposed Approved Density (Allowed on Low — max of 5 du/ac 3.27 du/ac Yes Master Plan) Maximum Building Single Family — 50% Yes, Council Lot Coverage o 35% Zero Lots — 55% Approval (required by LDRs) Maximum Height Limit (Limits allowed 36 Feet 36 Feet Yes in PCD) Frenchman's Reserve Pod G Page 2 of 3 irl g ill 28 SITE ANALYSIS FRENCHMAN'S RESERVE POD G Required Proposed Approved Straight zoning 25', 1 1 es, (Subdivision code allows Single Family — 22 feet C Approval Front Planned Developments to reduce . . _ g 5 Approval Side Street 20' N /A, There are no side street Yes setbacks for this pod. Side Interior Code varies from 15' to 7.5' or Single Family (80' and 100' lots)— Yes, 10% of lot which ever is greater. 7.5 feet Council There are no code provision for Approval ZLL Zero Lots — 10 feet Yes, Council Approval Building Separation Yes, Zero Lot Line 12' 10 Ann —al Building Separation With Mechanical Yes, Equipment 10' Mtntmttm 7' A Council pproval Zero Lot Line Single Family — 15 feet Yes Rear Building 10' Minimum Zero Lots — 10 feet Yes Rear & Side Setback Rear -2' Yes or Pool 2' Minimum Single - Family Side — 2' Yes f - Zero Side & Non Zero Side — 2' Yes Rear -0', except on lots adjacent to Yes Rear & Side Setback Code varies from 25' to 10' for preserve, where setback is 3' for Screen Enclosure rear and 10% of lot width or Single - Family Side — 3.5' yes 7.5 for side, whichever is greater Zero Side — 0 & 7 Yes • LDR's) plus one space for each bedroom over two a 2 car garage with a two car apron PARKING As part of this request, there will not be an increase in the required parking for Pod G. Based on the above and attached information, the applicant respectfully request approval of this modification to Pod G. G:submittal docs\Frenchman's Pod G Justification Statements Sales Model.doc File #: 512.31 Frenchman's Reserve Page 3 of 3 Jun Pod G Building Separation With Mechanical Yes, Equipment 10' Mtntmttm 7' A Council pproval Zero Lot Line Single Family — 15 feet Yes Rear Building 10' Minimum Zero Lots — 10 feet Yes Rear & Side Setback Rear -2' Yes or Pool 2' Minimum Single - Family Side — 2' Yes f - Zero Side & Non Zero Side — 2' Yes Rear -0', except on lots adjacent to Yes Rear & Side Setback Code varies from 25' to 10' for preserve, where setback is 3' for Screen Enclosure rear and 10% of lot width or Single - Family Side — 3.5' yes 7.5 for side, whichever is greater Zero Side — 0 & 7 Yes • LDR's) plus one space for each bedroom over two a 2 car garage with a two car apron PARKING As part of this request, there will not be an increase in the required parking for Pod G. Based on the above and attached information, the applicant respectfully request approval of this modification to Pod G. G:submittal docs\Frenchman's Pod G Justification Statements Sales Model.doc File #: 512.31 Frenchman's Reserve Page 3 of 3 Jun Pod G • LDR's) plus one space for each bedroom over two a 2 car garage with a two car apron PARKING As part of this request, there will not be an increase in the required parking for Pod G. Based on the above and attached information, the applicant respectfully request approval of this modification to Pod G. G:submittal docs\Frenchman's Pod G Justification Statements Sales Model.doc File #: 512.31 Frenchman's Reserve Page 3 of 3 Jun Pod G nnOS 0 asrnd 3r. YY 0 - R it ff A ���d� Y All R7 p+. .1111 W • • gg�A�� � �•: ` ° -w� af t� � �b��� a�� y`�� Mme: •��`��. ;,,;. •!'�. ���r �� a i Q G' / �xb$4 !• N \ x > rq � • 71� \ r it o g�? Wmld / , 3IJed 18POW zz UPPOW 'SUOPJeM 40608 wled enJasaa sueuy0ua.1� W� MW ;[! saaujoas 1101 o E ' i ! tt1 r } Z Ito, �# !oil tIQ 'it ��M,rs }i ,ll},t� Pl,! !lU ik ��� j 1!�! !� Flu i! ,11, y�jE! City o, n'D j!,e Carderys M4r,�ti� �rrt( � r / to j`l'i� WW Sri: ■• • ` �I e a C t 1 BMW 31JOd IGPoW Az }�� 8pmow j 8uepaeD 43808 weed wwtn , I GAJOBea s,uewy0uaJd �. 5 ��o �� , }� f1! I saa4}oa8 Ilol lu 11 a� • 111101 $ U$ 'r-1v L' ILI �•` {v' . Y�V Jul V 1 i u i t t �f J KIM +►�it i i ' oipil Ill F 11 11 ,'tm I1,i KIM 111H ! o g N IM, k FAA. - T IM !Nd r� i N 0 N rly� � N 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Date: July 12, 2001 Meeting Date: August 2, 2001 Subject/Agenda Item: Resolution 125, 2001 - Temple Beth David -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Growth Management [ ] Approved $--Q— [ ] Approved w/ Finance J"'Lk' It& Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other S miffed by: L. Sean C. Donahue, P.E. Assistant City Engineer Affected partles' [ ] Notified Budget Acct. #: [ ] None ARPrVved by Ci Ma ger [X] Not required BACKGROUND: See attached memorandum. CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Desie' 50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfli.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. DATE: July 12, 2001 FILE NO. 96 -2111 SUBJECT: Temple Beth David Attached please find the final plat for the referenced project prepared by Lidberg Land Surveying, Inc. received on July 11, 2001. We have reviewed the plat and found it to be technically compliant with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Therefore, we recommend its approval. SCD/ PAPROJECTSTBGMEM0\211 1\21 11 zb 0 RESOLUTION 125, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE TEMPLE BETH DAVID PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Temple Beth David 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 Temple Beth David Plat consisting of two (2) sheets dated July 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. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 125, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • AYE NAY ABSENT • • € o 7c - - o - - a9 r M - c� - M x H - --- € o i r m r v , u' - = - a c - - - -- - - K c c c� 0 m CA x c H b .b O C a r CA MH H .A 13� 0 ca y - _ M -10 - _ _ 1A d H - a ta., - Iz " i r m r v , u' - = - a c - - - -- - - K c c c� 0 m CA x c H b .b O C a r CA MH H .A 13� :s o� ri$ m� 6 w II m; nr •YK POEM a % I m cy m d n a H O x a x 0 70 W O t! 70 C H 0 x C/J n LTV H n a O x r z c� z m c� z 0 �y ar Lao rn N C O M O Di , r S m M 67 O M N Z' ( m7 Nom_ O C' --4 M m WU) t m =m -1 = O'er N :<"o bond r� tw ox �g C) m N �m 0 :s o� ri$ m� 6 w II m; nr •YK POEM a % I m cy m d n a H O x a x 0 70 W O t! 70 C H 0 x C/J n LTV H n a O x r z c� z m c� z 0 �y ar Lao rn N C O M O Di , r S m M 67 O M N Z' ( m7 Nom_ O C' --4 M m WU) t m =m -1 = O'er N :<"o bond r� tw ox �g C) m N �m • I I I I I I I I J +a r F� m 5-11 �li,IolA al a CENTRAL BOULEVARD N G i M QQ a O � �N 8�m N � C N� 02 - �Fao w 1 � D� a I ■—� -- 6 1 AK P N m Uo �I °- iO I '10 1 4 Wo 6, :q) " I � a � � c= e D I I �9oi a t 10 nib a _i r F� m 5-11 �li,IolA al a CENTRAL BOULEVARD N 'j -- —7 y-- ---0.?ETd1---.,.s----- ---- - - - --- - - -- I I O D • 0 660.00 ' I 0 .,�(� -- -- — crxu�nan-- --- - -- —air ¢;g -- = _ EV -- - - - - -- ems+--- �E.ar— _ -- 1 .,: G YYY f W %a �� • 0 M ® o ■ i M QQ a O � �N ® N� o OK N � C N� 02 0 �Fao w a p 2,N) D� a I ■—� -- 6 1 AK P N m H F� O — 6, e 6 � � c= . 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I I NOI.07119 "E 660.00' ' I ■—� -- 6 wur a v.um raa to — mw - -- — _- waves. wo.. fill a� �j. 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Date: July 12, 2001 Meeting Date: August 2, 2001 Subject/Agenda Item: Resolution 126, 2001 - Replat of Marina Gardens -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by City Attorney Originating Dept.: Gro Management Costs: $ 0 (Total) Council Action: [ ] Approved $ 0 ( ] Approved wl Finance f Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ )Other S matted by: can C Don P.E. Assistant City Engineer Affected parties Notified Budget Acct. #: [ ]None Approv y: / Ci a g [X] Not required BACKGROUND: The City engineer has reviewed the plat at found it to be technically compliant with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. • and RESOLUTION 126, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REPLAT OF MARINA GARDENS PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Replat of Marina Gardens Plat; 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 Replat of Marina Gardens Plat consisting of Three (3) sheets dated July 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit A.- SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY • JOSEPH R. RUSSO MAYOR 141 • Resolution 126, 200. 1 Page '2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • • AYE NAY ABSENT 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 2, 2001 Date Prepared: July, 2001 Subject/Agenda Item: Awarding of bid for the construction of Fire / Police Station #3. Recommendation/Motion: Staff recommends award of the bid for the construction of Fire/Police Station #3 to Ahrens Enterprises, Inc. d/b /a Ahrens Companies in the amount of $1,645,646.00 Reviewed by: Originating Dept.: Costs: $ 1,645,646.00 Council Action: Total City Attorney % FIRE- RESCUE [ ] Approved Finance $ 100,000.00 [ ] Approved w/ Current FY conditions ACM $ 1,545,646 ( ] Denied 2001/2002 FY Human Res. Advertised: Funding Source: [ ] Continued to: Other Attachments: Date: May 20, 2001 [ X ] Operating Paper: Palm Beach Post [ ] Not Required ( X) Other Impact Fees Gas Tax Staff Report Bid Documents Submitted by: Peter T. Berg Department HIte2d6V Affected parties [ ] Notified Budget Acct. #:: QO1- 1200 - 522.6210 [ ] None Approved by: City ag [ X ] Not required 013 - 1200 - 522.6210 016 - 3000 - 539.5265 BACKGROUND: See Attached Staff Report FIRL/POLICE STATION N1,80. 3 Al • CITY OF PALM BEACH GARDENS MEMORANDUM T Alt TO: Ronald Ferris, City Manager DATE: July 9, 2001 APPROVED: Peter T. Bergel, Fire Chie7 FROM: Scott Fetterman, Deputy Chief SUBJECT: Awarding of Fire/Police Station #3 bid. Background Fire Rescue's Budget for Fiscal Year 2000/2001 includes the construction of Fire/Police Station #3 to be located on Northlake Blvd. at Howell Lane. The addition of this station has been planned for several years and is needed at this time to better serve the residents and businesses located in the southern portion of the City. The request for bids was advertised in the Palm Beach Post on May 20, 2001. A mandatory pre -bid meeting was held on June 5, 2001 in which eight contractors attended. Four bids were received and opened on June 26, 2001 ranging from a low of $1,645,646 and a high of $1,761,838. Discussion - Staff has evaluated the bids and determined that the lowest bid, from the Ahrens Companies, has met all of the bid requirements and is capable of completing the project within the specified time period. The Ahrens Companies is currently under contract to build the Recreation Departments storage building at Gardens Park and the concession stand at Roller Hockey Rink on Plant Drive. The bid price for the construction of Station 93 is $1,645,646. This amount will be split over this current fiscal year and the next fiscal year and be funded from General Revenue, Impact Fees, and Gas Tax as follows: • $100,000 from acct. # 001- 1200 - 522.6210 (2000/2001) • $1,400,000 from acct. # 001 - 1200 - 522.6210 (2001/2002) o $200,000 from acct. # 013- 1200 - 522.6210 (2001/2002) • 85,077 from acct. # 016- 3000 - 539.5265 (2001/2002) I have presented this information and process to Kent Olson and he is in agreement with this award of bid. ! Recommendation Staff recommends award of the bid for the construction of Fire/Police Station #3 to Ahrens Enterprises, Inc. d/b /a Ahrens Companies in the amount of $1,645,646.00 enc. cc: file • • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 128, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AWARDING A BID FOR THE CONSTRUCTION OF FIRE STATION NO.3 TO AHRENS ENTERPRISES, INC. D /B /A AHRENS COMPANIES AND AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a. request for bids ( "RFB ") for the construction of Fire Station No. 3, to be located on Northlake Boulevard at Howell Lane; and WHEREAS, four companies submitted bids in response to the RFB; and WHEREAS, the bid of Ahrens Enterprises, Inc. d /b /a Ahrens Companies ( "Ahrens ") in the amount of $1,645,646 was the lowest bid received; and WHEREAS, City staff evaluated all of the bids, determined that Ahrens was the lowest responsible bidder and recommended award of the bid to Ahrens. 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 awards the bid for the construction of Fire Station No. 3 to Ahrens Enterprises, Inc. d /b /a Ahrens Companies in the amount of $1,645,646 and authorizes City staff to negotiate an agreement with Ahrens for the construction of the Fire Station. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. , SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. . , 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 � 0 -2- Gee & Jenson C. CFIRERESCUE Celebrating 50 Years of Design Excellence July 11, 2001 Mr. Scott Fetterman Re: Ahrens Companies Reference check for Construction of Palm Beach Gardens Fire Station #3 Dear Scott: Please be advised that based on information provided by Mr. Al Siwik (with Ahrens Companies) we have concluded that we would recommend The City o Palm Beach Gardens to award the construction contract for the above - mentioned project to Ahrens Companies. We have reviewed their Financial Statement and in our opinion it is in good order, also the following are the 8 questions (with answers in quotation marks) that we asked during our telephone interview with one of their client references: Client: Mr. Michael O'Brien (Phone #: 813/248 -3878) 1. What project did contractor complete for client? "Metal Building — Recycling Plant, Miami" 2. What was the value of construction? "$500,000" 3. What was the quality of work? "Excellent" 4. Was project completed on schedule? "Yes" 5. Was project in budget? "Yes" 6. Was job properly staffed? "Yes" 7. Did contractor control his subs? "Yes" 8. Would you use him again? Rate from 1 to 10: "Yes, 8" Also, we would like to inform you that Ahrens-Companies have recently filled an Application with us for Contractor's Qualification Statement (Standard document A305 by the American Institute of Architects) for our ongoing Public Safety Facility Project in Tequesta. Ahrens Companies duly sworn deposed that the following information provided is true and sufficiently completed so as not to be misleading: 1. Has your Organization ever failed to complete any work? "No" 2. Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? "No" 3. Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? "No" 4. State total worth of work in progress and under contract: $7,000,000 5. State average annual amount of construction work performed during the past five years: $12,000,000. 6. List categories of work that your organization normally performs with its forces: Concrete forming, Pre - engineering building erection and Carpentry. Please don't hesitate calling me with questions. ao Brian Tavares Architect, Project Manager b.t. cc: File \\wpb -dc2\ projects \99178\Admin\ixttersSLtr Fetterman Ahrens 7- 11- 0i.doc One Harvard Circle, West Palm Beach, FL 33409 -1923 T(561) 515.6500 F(561) 515.6502 ENGINEERING 1E8 0002934 ARCHITECTURE 1AA C0006S6 LANDSCAPE ARCHITECTURE !LC 0000050 LAND SURVEYING A8 0002934 INTERIOR DESIGN m 0001020 99- 173.00 - PALM BEACH GARDENS 05/110 - FIRE /POLICE STATION NO. 3 - BID FORM - LUMP SUM Bid of Ahrens Rntpmri sps . Tnc- d/b /a Ahrens Companies (Name) 1461 Kinetic Road, Take Park, FL 33403 (Address) to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of Palm Beach Gardens Fire Station #3 located in Palm Beach Gardens, Florida. To: Palm Beach Gardens City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 Gentlemen: The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed Work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Architect/Engineer for the lump sum price stated in the spaces herein provided, for each of the items or combination of items stipulated. Lump sum price shall include implementation of all'applicable safety requirements. The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents; in the manner prescribed therein and to the standards of quality and performance established- - by the Architect/Engineer for the unit price amounts stated in the spaces herein provided on the attached Exhibit A,, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. B(assele �Bid i/n1c/llud(e/s1 the Unit Price Bid Total Lr^ � r� �� /�LV 1 ► l X Y f fSh .� � "U /1t �' � f Q�� -c—,, F- "Q, A A n /L- e'Q- Wf_, 4, CF n_c 6— FcA;k . )%,� �t� -�.P�� A00 Dollars ($ BID SECURI"IY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $_ 90, 000.00made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required BID FORM - LUMP SUM BFL -1 99- 178.00 -PALM BEACH GARDENS 0 FIRE/POLICE STATION NO. 3 performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified orcashier's check or bid bond will be returned to the undersigned. TIME I The undersigned Bidder agrees to commence work within 10 days after the date of written Notice to Proceed, to substantially complete the entire Work within 300 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract, and to achieve Final Completion of the Work by no later than 30 days after the actual date of substantial completion. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 45 days after the scheduled closing time for receiving bids. LIQUIDATED DAMAGES The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of 5500.00 per calendar day. - The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of final completion and the actual date of final completion of the contract work, the amount of $500.00 pei- 61endar day. ADDENDA Bidder acknowledges the receipt of Addendum No.'s L 6- 15 -01' , 2- , 3. , 4. , 5. Dated this ?6th day of June __. -2001 (month) (year) Contractor: Ahrens Enterprises, Inc. d/b /a Ahrens CarrPan: Address: 1461 Kinetic Road SEAL Lake Park, FL 33403 -191.1 n By: Ael"/ C irharcl C'. Ahren Title: Vice President Attachments: Contractor's License No, CBC- 006515 Certified Financial Statement Subcontractor List _ Bid Security Trench Safety Act documentation Appendix A - Drug Free Workplace Form Exhibit A - Unit Price Schedule Exhibit B -Unit Price Schedule 1 BID FORM - LUMP SUM BFL -2 99- 178.00 - PALM BEACH GARDENS 05/11/01 FIRE/POLICE STATION NO. 3 SUBCONTRACTOR LIST FOR PALM BEACH GARDENS FIRE/POLICE STATION NO. 3 The following is a complete list of major suppliers and subcontractors to be used if the undersigned siir Bidder is awarded the Contract for this Project. Also indicated are suppliers and subcontractors who qualify for participation as Small/Minority/Women's businesses. SUBCONTRACTOR LIST SUB -1 S/M/W Type of Work Name and Address $Amt. (Yes/No) UNDERGROUND UTILITIES: Mancil's Tractor Service $147,302.38 No EARTHWORK Mancil's Tractor Service $132,597.30 No PAVING Ranrtar C`nn�finir -t-inn TnriitctriP� ` ' •'S '�fl_�,�"� 7S Nn LANDSCAPING Tuttle Landscape $ 47,339.60 No 23,100.00 IRRIGATION Family Tree $ No CONC. FORMWORK Lewis Brothers $ 30,945.20 No CONC. FINISH Pioneer Concrete $ 34,200.00 No CMU SUPPLIER Tnr-1 rv3ari in RI ant-nn & Tinwi n' -, _Price - -- - -- MASON Blanton & Unwin $ 71, 500.00 Yes ;..; WATERPROOFING Included in Al Painting' s Price - -- "- FLASHING & SHEET METAL Tncluded in Master Contractor's Price - -- - -- A1 Roof Truss $ 19,516.09 No ROOFING Master Contrartgr $ 49.803.60 Yes SEALANT /CAULK Tncluded in Al Paintinq.'s Price - -- - -- DOORS & FRAMES Strictly Dggrs $ 16,514.20 No ALUMINUM WINDOW MFG. Varsity Glass $ 3,568.40 No ALUMINUM STOREFRONT - MFG. Varsitv Glass $ 9,147.60 -No ._- WINDOW INSTALL Tncluded in Varsity Glass Price - -- SUBCONTRACTOR LIST SUB -1 i a.... ....., . r,.. orro I3- 178.00 - PALM BEACH GARDENS - /01 FIRE/POLICE STATION NO. 3 `05!11 GLASS &_GLAZING Varsity Class 94-A 1f) u� LATH & PLASTER T &P Plaster 15, 950.00 No DRYWALL Southern Drywall 45, 760.00 No TILE H &H Carpet 27,931.20 No RESILIENT H &H Carpet 9, 339.00. _ No FLOORING PAINTING Al Painting 15,, 640.90 No EQUIPMENT ITEMS APPLIANCES House of, Appliance 1.1, 445. _46 No CASEWORK Don Kula Woodworking 30,332.50 No FIRE PROTECTION John Polhemus, Inc. „ 21, 876.80 No PLUMBING. M. Navaroli Plumbinq 55,000.0o.- No r. HVAC Hawthorne Industries = 'r 125,950.00 No CONTROLS Included in HVAC Subcontrgctor .Price - -- - -- HVAC TESTING, ADJUSTING, AND BALANCING Included in HVAC Subcontractor Price "- - -' ELECTRICAL R.T. Electrical Services 223.465 -00 Nn COMMUNICATIONS R.T. Electrical Services 11,550.00, No Dated this ?Ft_h. , day of.- 7une' 2001 - (month) (year) Contractor: _Ahrens Enterprises, Inc. d/b /a Ahrens Companies Address: 1461 Kinetic Road Park, FL 33403 -1911 Lake By: G`0� L Richard C. Ahrens Title: Vice President _ END OF SECTION a.... ....., . r,.. orro • 0 I 99- 178.00 - PALM BEACH GARDENS FIRE /POLICE STATION NO. 3 TRENCH SAFETY AFFIDAVIT - LUMP SUM FOR PALM BEACH GARDENS FIRE /POLICE STATION NO. 3 31 05/11/01 Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safety Item (Description) Cost BASE BID: A. Pi -,lnr $1,500.00 TOTALS 1, 500.00 FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE. COMP AME: Ahrens Enterprises, Inc. - d/b /a Ahrens n Companies DATE: June _26. 2001 BY: Richard C. Ahrens, Vice President - a lie 99- 178.00 - PALM BEACH GARDENS FIRE/POLICE STATION NO. 3 1 0 it] APPENDIX A DRUG -FREE WORKPLACE FORM s 33 05/11 /01 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Ahrens Rni-Prnri ses . Tnr _ d/b /a does /does not (circle appropriate response): (Name of Business) Ahrens Companies 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the .workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. Barbara Ahrens, President APPENDIX A A -1 L 0 1 99-17S.00 - PALM BEACH GARDENS FIP.E/TOLICE STATION NO. 3 EXHIBIT -A UNIT PRICE BID SCHEDULE SITE WORT: AND INTERSECTION IMPROVEMENTS 19 05111101 !Bid of Howell Lane Item Estimated Estimated No. Description Unit Quantity Unit Price Amount 1. Construction Survey Crew LS 113,832.5011 13, 832.50 j 13, 832.50 2. Preservation of Survey Markers/ Project Record - Drawing LS 1 2,200,00, 2,200.00 3. (Mobilization LS 1 5, 280.00 _ 5,280.00 4. iMaintenance of Traffic LS 1 3,300.00 3,300.00 5. (Dust Control Incidental - - - 6. ITesting Incidental - - - 7. Fabric(Silt)Fence LF 1,800 1.65 2,970.00 . 8. Straw Bales EA 40 11 .00 440.00 9. Sediment Facility Incidental - - - 10. Inlet Protection EA 8 49.50 396.00 11. Rip Rap Sq. Yd. 40 15.95 638.00 12. Control Structure Protection (Silt Fence) " Incidental 13. IDewatering LS 1 ,, coc Ar 1) coc r,n 14. liClearing and Grubbing i AC 8.2,365.00,' 32.45 18, 920.00 -15. lZrotection of Trees and Vegetation Incidental - - - 16. iGrassing/Sodding (Pond Only) S-q. Yd. ` 2,493 1.386.00 3,455.30 17.. Irrigation Incidental - - 26. 18. Import Fill (as needed) Cu. Yd. 500 6.05 3,025.00 19. Lake Excavation Cu. Yd. 15,000 1.21 18 ,150.00 20. 115" RCP LF 712 18.70; 13,314.40 , ?l 11R" RFP I T 1; 1 'At, 1 2,145.00 - 22. 24" RCP LF 438 32.45 -+ , . , ., 14,213.10 23. 24" CMP LF 20 37.40 748.00 24. Type "C" Inlet EA 31 , 650.00 4,950.00 25. Type "D" Inlet EA 5!1,925.00_ 9,625.00 26. Control Structure LS 112,310.001 2,310-00 27. RCP to CMP Pipe Collar Fitting EA 1 418.00 418. 28. Mitered Inlet Pipe Section (Ditch Inlet) EA 1 330 00 330.0 ' 29. Connection - Tie In LS 1 2,145.00 2,145.00 30. 'Watetmain 4" DIP y LF L 60 , 15.40 924.00 31. 6" DIP 1 LF 1 51 20.90 BID FORM - LUMP SUM BFL -3 31 99- 178.00 - PALM BEACH GARDENS 05/11/01 FIRE /POLICE STATION NO. 3 TRENCH SAFETY AFFIDAVIT - LUMP SUM FOR PALM BEACH GARDENS FIREIPOLICE STATION NO. 3 Trench excavations on this Project are expected to be in excess of 5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. Bidder acknowledges that included in the Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of FL) effective October 1, 1990, and hereby gives assurance that, if awarded the Contract, the Contractor or Subcontractor performing trench excavation work on the Project will comply with the applicable trench safety standards. The Bidder further identifies the costs as follows: Trench Safety Item (Description) Cost BASE BID: A. Ping fi1cre. $1,500.00 TOTALS 1 f 500.00 FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE. COMP .. AME: Ahrens Enterprises, Inc. d/b /a Ahrens n -Companies DATE: June 2(, 2001 BY: �' ��''v l ,/ 'chard C. Ahrens Vice President R1. , 99- 178.00 - PALM BEACH GARDENS 05/131/01 . FIRE/POLICE STATION NO. 3 APPENDIX A DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that AhranG F:nt-Prnri -,P- , Tnc _ _ (9/b/a does /does not (circle appropriate response): (Name of Business) Ahrens Companies 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. r. 2. Inform employees about the danger of drug abuse in the ",workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling. g ara Ahrens, President APPENDIX A A -1 . 1 ' 99- 175,00 - PALM BEACH GARDENS FIRE/POLICE STATION NO.3 EXHIBIT A UNIT PRICE BID SCHEDULE SITE WORK AND INTERSECTION IMPROVEMENTS Bid of Howell Lane • • 19 05 /l 1 /01 Item No. Description Unit Estimated Quantity Estimated Unit Price Amount I. Construction Survey Crew LS 13 832.50 13 832.50 2. Preservation of Survey Markers/ Project Record - Drawing LS I 2 3. Mobilization LS 15, 280.00 5,280.00 4. Maintenance of Traffic LS 113,300.00 3 300.00 5. Dust Control Incidental -- I - - 6. Testing Incidental - - - 7. Fabric (Silt) Fence LF 1,800 1 .65 2 0.00 97 7 8. Straw Bales EA 40 i 9. Sediment Facility Incidental - - - 10. Inlet Protection EA 8 49.50 396.00 11. Rip Rap Sq. Yd. 40 15. 5 12. Control Structure Protection (Silt Fence) Incidental' 13. Dewatering LS 1 14. Clearing and Grubbing AC 8 2,365.00i 18,920.00 15. Protection of Trees and Vegetation Incidental - - - 16. Grassing /Sodding (Pond Only) Sq. Yd. 2,493 1,386,00� 3,455-30 17. Irrigation Incidental - - -- 18. Import Fill (as needed) Cu. Yd. 500 6.05 3 025.00 19. Lake Excavation Cu. Yd. 15,000 1 .21 18,150.00 20. 15" RCP LF 712 18.70 13 314.40 21. 18" RCP LF 136 23.10 3,141, 60 22. 24" RCP LF 438 32.45 14,213.10 23. 24" CMP LF 20 37.40 748.00 24. Type "C" Inlet EA 31,650.00 4,950-00 25. Type "D" Inlet EA 5 1,925.00 9 625.00 j 26. Control Structure LS 1 2,310.00, 2 310.00 27. RCP to CMP Pipe Collar Fitting EA 1 418.00 418.00 28. Mitered Inlet Pipe Section (Ditch Inlet) EA 1 330.00 29. Watermain Connection - Tie In LS 112,145.00, 2,145.00 30. 4" DIP LF 60 15.40 924.00 . 31. 6" DIP LF 5 20.90 BID FORM - LUMP SUM BFL -3 992178.00 - PALM BEACH GARDENS 21 . _ OS!ll /01 FIRE/POLICE STATION NO. 3 • � 0 EXHIBIT A. UNIT PRICE BID SCHEDULE SITE WORK AND INTERSECTION IMPROVEMENTS Bid of Howell Lane Item No. 32. 33. 34. 35. 36. Description 8" DIP 6" GV w /Box 8" GV w/Box 8" x 4" Tee 8" x 6" Tee Unit LF EA EA EA EA Estimated Quantity 720 2 3 I 1 Unit Price 23.1(_ 1,012.0(_ 1,320.0 275.0 330.0 Estimated Amount 16.632.00 2,024.00 3,960.00 275.00 330.00 37. 8" Elbow EA 2 275.0 550.00 38. 8" Plug EA 1 275.0 275.00 39. 6" Fire Hydrant EA 1 2,860.0 2,860.00 40. 41. 1" Service and Appurtenances for Lift Station 2" Service and Appurtenances LF EA I 155 1 y3 1,760.0( /s /,CoS 1,760.00 42. 4" Fire Line Assembly EA 1 2,090.0( 2, 090.00 43. Sample Points EA 2 319.0 638.00 44. Adjustment to Finished Grade (Frames) Incidental -- - - 45. Sanitary Manhole (8' - 10' Deep) - EA 1 2,365.00 2,365. 0 0 46. 6" PVC SDR 35 Service LF 228 g. 3 2,131 .80 47. 8" PVC SDR 35 Sanitary Sewer LF 80 11.5E 924.00 487 2" PE SDR 11 LF 914 7.7 7,037.80 49. 2" PE Elbows _x6- Incidental -- - - 50. 8" Wye Incidental -- - - 51 -. • Cleanout Incidental -- - - 52. FM Connection to Manhole EA 1 858 0 53. Electronic Marker EA 4 38.50 154.00 54. Lift Station Package LS 1 38 500.0 38, 500.00 55. Chainlink Fencing Incidental -- - - 56. Oil/Water Separator LS 1 3 960-0( 3,960.000 57. 6" Limerock Base or Crushed Concrete Sq. Yd. 2,916 5.5(_ .5 16, 038.001 58. 8" Limerock Base or Crushed Concrete Sq. Yd. 703 6.60 4, 639.8 59. 10" Limerock Base or Crushed Concrete Sq. Yd. 0 EM 0 0 60. 8" Stabilized Subgrade Sq. Yd. 2,142 . ._�1� �� 4 123.35 61. 12" Stabilized Subgrade Sq. Yd. 3,842 2.2 8,452.40 62. 1" Type S -1 Asphalt Sq. Yd. 2,916 3.44 13,194.20 63. 2" Type S -1 Asphalt 'Sq. Yd. 570 5.64 16, 431.90 64. 7" PC Concrete Pavement Sq. Yd. 980 25.05 28, 506.90 BID FORM -LUMP SUM - 159 0 * Attach summary and description to account for all items in the Miscellaneous column. BID FORM - LUMP SUM BFL -5 99- 178.00 -PALM BEACH GARbENS FIRE/POLICE STATION NO. 3 _ 23 05/11/01 •_ EXHIBIT A UNIT PRICE BID SCHEDULE SITE WORK AND INTERSECTION IMPROVEMENTS i Bid of Howell Lane ' Item No. Description Unit Estimated Quantity I Unit Price Estimated Amount 65. X16" 4" PC Concrete Sidewalk - New Sq. Ft. 6,830 2,365.00 16,152.95, 66. PC Concrete Sidewalk - Removal ` Sq. Ft. 1,429 1.1( 1, 430.10 67. 6" PC Concrete Sidewalk - New Sq. Ft. 1,188 2.55 3,022.27 68. Curb Cut Lin. Ft. 204 3.85 785.40 69. Northlake Median Opening LS 1 5,929. 06 5,929.00 70. Curb & Gutter Type "D" Lin. Ft. 316, 6.60 2,085.60 71. Flush Head Curb Lin. Ft. 107 6.05 647.35 72. Drop Curb (Driveway Gutter Section) Lin. Ft. 113 6.60 745.80' 73. Concrete Bumper Guards EA F 46 15.40 708.40 - 74. Signage - -- --- - - 75. Stop Signs EA 4 247.50 990.00 . 76. Barrier Free Parking Signs EA 5 192.50 962.50 77. L No U -Tum - Sign EA 2 F 220.00 440.00 78. No Left Turn. Sign EA 1 220.00 220.00 79. One Way - Right - Sign EA 1 198.00 198.00 80. Do Not Enter Sign EA 1 247.50 247.50 81. Emergency Vehicles Only EA 2 82. Pavement Markings - -- - -- - -- --- 83. Stop Lines EA 4'1 27.50 110 _ j 84.' 1 Barrier Free Symbol Marking EA i 5' 13.20 i 66.00 85. Barrier Free 5' Restricted Area Marking EA 3. 22.00 66.00 86. Directional Arrows EA i 12 19.80 237.60 87. ` Pavement Striping Lin. Ft. 680` 0.28 187.00 88. Northlake Median Crossover Area LS 1,045.0C 1 , 045.00 89. Miscellaneous F i Sub Total Bid AS 4 3y3S5y•lo� 0 * Attach summary and description to account for all items in the Miscellaneous column. BID FORM - LUMP SUM BFL -5 • • • 99- 178.06 - PALM BEACH GARDENS FIRE/POLICE STATION NO. 3 05/1 1101 EXAiRIT B UNIT PRICE BID SCHEDULE HOWELL LANE IMPROVEMENTS Bid of Howell Lane Item No. Description Unit i Estimated Quantity 1 Unit Price Estimated Amount 90. lConstruction Survey Crew I LS I I 320 /3 20 91. Preservation of Survey Markers/ Project Record - Drawing LS 1 & G C1 D -qv 92. I Mobilization LS I //00,00 / o.0. 00 93. Maintenance of Traffic LS 94. Dust Control Incidental - - - 95. Testing Incidental - - - 96. IFabric (Silt) Fence LF 1,8001 /, 4:�PS i ZQ. 60 97. (Straw Bales EA 101 110.,06 98. 1 Sediment Facility Incidental 1 - I - - 99. IHet Protection EA 31 V /Sg _.O 100. lControl Structure Protection (Silt Fence) l Incidental I - - 101. IDewatering LS I //.SSS, 00 00 102. lClearing and Grubbing AC 0.6 313SOp IqR /. DO 103. Protection of Trees and Vegetation Incidental - - - 104. Grassing/Sodding Sq. Yd. 2,700, 7 .3 gr , G e./.Z 6.0o - 105. Irrigation Incidental - - 106. Excavation - Cut Cu. Yd. 1,0001 Z , LU I.;?-Z00.0 J07. 15" RCP LF 112 / . p 2 09 ' 108. 18" RCP LF 8 3,1 d Y. 109. IType "C" Inlet EA 3 d 110. Connection to Storm Sewer Manhole EA 1 8 7Y .50 , So 111. Pole Relocation EA 1 - - 112. 8" Limerock Base Sq. Yd. 2,150 4,.&0 / / b 113. 10" Limerock Base Sq. Yd. 1,280 8 , S3 O 114. 12" Compacted Subgrade Sq. Yd. 2,240 .2 V .00R 115. 12" Stabilized Subgrade Sq. Yd. 1,3301/.9.3 _Y928 ZS 116. 1.5" Type S -1 Asphalt Sq. Yd. 2,050 , 9l0 /0 G 8, 00 117. 2" Type S -1 Asphalt Sq. Yd. 1,230 5, y 37.2o 118. Testing LS 11 5/ C00a2 eov , 00 119. Curb & Gutter Type "F" Lin. Ft. 601 0 2 0 120. Flush Head Curb Lin. Ft. BID FORM - LUMP SUM •161 • i 0 99- 175.00 - PALM BEACH GARDENS FLRE/POLICE STATION NO. 3 27 05/11/01 EXHIBIT B UNIT PRICE BID SCHEDULE HOWELL LANE IMPROVEMENTS Bid of Howell Lane Item I No. Description Unit Estimated Quantity Unit Price Estimated Amount 121. Sign age — -- — — 122. Stop Signs EA 1 Z Y7jV 7 y 7. j-0 123. No Left Tum Sign EA 1 Z ZO, 06 2 2 0 , eo 124. One Way - Right - Sign EA 1 ! 00 125. Pavement Narrows - Sign EA 1 Z2 0.o 220-00 126. IPavement Markings — — — — 127. Stop Lines EA 1 �-S,vo 55.00 128. Pavement Striping (Centerline) Lin. Ft. 3,350 j 2 o q.3,T 129. IMiscellaneous Sub Total Bid B S TOTAL BID (A +B) l NI) Ut• SEC; -110N BID FORM - LUMP SUM * Attach summary and description to account for all items in the Miscellaneous column. BID FORM - LUMP SUM .162 - I Ahrens Companies _ March 2001 Balance Sheet Asset CASH 0.00 0.00 339,030.37 0.00 0.00 339,030.37 964,274.77 600.00 964,874.77 12,860.19 4,250.00 20,300.50 30,421.80 37,669.22 109,299.96 22,998.00 73,610.39 41,223.05 352,633.11 - 12,082.00 - 38,793.00 - 13,804.00 - 100,784.37 - 6,821.00 - 39,073.00 - 211,357.37 0.00 0.00 0.00 Pac.,c WACHOVIA BANK WACHOVIA BANK PALM BCH NATL BANK FIRST BANK MM INTER ACCT TRANSFER Total CASH RECEIVABLE ACCOUNTS RECEIVABLE ADVANCES Total RECEIVABLE FIXED ASSETS CHEVY98 S 10 PICKUP TRUCK TRAILER TRUCKS OFFICE FURN & FIXT i OFFICE EQUIPMENT FIELD EQUIPMENT OFFICE IMPROVEMENTS COMPUTER EQUIPMENT COMPUTER SOFTWARE Total FIXED ASSETS ACCUM DEPRECIATION -• A/D AUTOMOBILE A/D OFF FURN & FDCT A/D OFFICE EQUIP . A/D FIELD EQUIP A/D OFFICE IMPROVE A/D COMPUTER Total ACCUM DEPRECIATION ACCUM AMORTIZATION Total ACCUM AMORTIZATION AMORTIZATION Total AMORTIZATION OTHER ASSETS Total OTHER ASSETS 0.00 0.00 339,030.37 0.00 0.00 339,030.37 964,274.77 600.00 964,874.77 12,860.19 4,250.00 20,300.50 30,421.80 37,669.22 109,299.96 22,998.00 73,610.39 41,223.05 352,633.11 - 12,082.00 - 38,793.00 - 13,804.00 - 100,784.37 - 6,821.00 - 39,073.00 - 211,357.37 0.00 0.00 0.00 Pac.,c Total Capital 440,362.39 Total Liabilities + Capital 1,445,180.88 Page Ahrens Companies March 2001 Y Balance Sheet 1,445,180.88 Total Assets Liability ACCOUNTS PAYABLE ACCOUNTS PAYABLE 638,991.50 CONTRACT PAYABLE 859.52 Total ACCOUNTS PAYABLE 639,851.02 CORPORATE TAXES Total CORPORATE TAXES 0.00 PAYROLL TAXES SP DED AFTER W/H 0.00 Total PAYROLL TAXES 0.00 CURRENT LL4BILITIES GEN LIAB INS PAY 0.00 RETIREMENT 401K PAY 43,499.54 PENSION ADMINSTRATION FEE 0.00 Total CURRENT LIABILITIES 43,499.54 NOTES PAYABLE LOAN - COMPUTERS 0.00 LOAN - FORKLIFT -0.00 STOCKHOLDERS LOAN 302,101.56 EQUIP /SOFTWARE LOAN 11,056.82 LOAN - CHEVY S 10 PICKUP TRUCK 8,309.55 M Total NOTES PAYABLE 321,467.93 Total Liabilities 1,004,818.49 Capital CAPITAL COMMON STOCK 100.00 RETAINED EARNINGS 323,175.75 NET INCOME 117,086.64 Total CAPITAL 440,362.39 Total Capital 440,362.39 Total Liabilities + Capital 1,445,180.88 Page Call Volume Response Time Data 2000 Calls For Service 2000 Total Station 2 35 Calls Fire EMS District 1 1543 534 1009 District 3 613 202 411 District 4 802 309 493 Calls For Service District 3 Station 1 522 Station 2 35 Station 4 42 PBC 14 Response Time 2000 District 1 4.08 District 3 5.92 District 4 5.17 City Wide 2001 5.43 Calls For Service 2000 -2001 2000 2001 Increase Total Calls 5473 6400 16.94% Estimated 2001 1790 711 930 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/06/01 Meeting Date: 08/02/01 Subject/Agenda Item Ordinance 11, 2001, Providing for Revisions to the Road Impact Fee Program. Recommendation /Motion: Consider a motion to adopt Ordinance 11, 2001 on second reading. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: July 18, 2001 [ ] Operating Attachments: Paper: Palm Beach Post [ j Not Required ( ] Other Memorandum Submitted by: Kent R. Olson kD/) ' \ Finance Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager ( X ] Not required BACKGROUND: Approved on first reading on June 7, 2001. See attached memorandum. i CITY OF PALM BEACH GARDENS I MEMORANDUM TO: Ronald M. Ferns, City Manager DATE: July 6, 2001 FROM: Kent R. Olson, Finance Director kkO SUBJECT: Ordinance 11, 2001 — Road Impact Fees BACKGROUND The City of Palm Beach Gardens hired Duncan Associates last June to conduct a road impact fee study. This road impact fee ultimately resulted in the adoption of Ordinance 31, 2000. Ordinance It, 2001 clarifies what costs will be considered eligible for impact fee credit and makes some other minor modifications to the Code. Ordinance 11, 2001 was approved on first reading on June 7, 2001. DISCUSSION • The passage of Ordinance 31, 2000 provided the City with a local road impact fee. However, the Ordinance as written included land costs as eligible for road impact fee credit. The study conducted by Duncan and Associates was based upon the construction costs of the road system -only, not the land costs. City Engineer Dan Clark, Principal Planner Steve Cramer and 1 met with John Gary and John Sapo of Kolter to discuss modifying either the Code or the study to make the calculations more consistent with the Code. Given that most other road impact fees do not provide credit for on -site land dedications, we are proposing to modify the Code to exclude on -site land costs. In addition, we have specifically outlined what costs are eligible for credit in the Ordinance, likewise ensuring that these costs are consistent with the study conducted by Duncan & Associates. These revisions to the road impact fee credit program are contained in a new sub - section (57 (d)) that addresses road impact fees separately from police, fire /EMS and recreation impact fees. Finally, we have made a technical correction by defining the word "road" since not all roads on the City Center and Thoroughfare linkages plans are collector roads. RECOMMENDATION Staff recommends adoption of Ordinance 11, 2001 on second reading, providing for revisions to the road impact fee program. • • CITY OF PALM BEACH GARDENS ORDINANCE NO. 11, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO ROAD IMPACT FEES; AMENDING SECTIONS 49, 50, 51, 54, 55, AND 57 OF DIVISION IV, "CITYWIDE IMPACT FEES," OF ARTICLE III, "DEVELOPMENT REVIEW PROCESS," OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO DELETE REFERENCES TO "COLLECTOR ROADS" AND TO CLARIFY THOSE PROVISIONS RELATING TO ALTERNATIVE PAYMENTS AND CREDITS FOR THE PAYMENT OF ROAD IMPACT FEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Comprehensive Plan provides that land development shall not be permitted unless adequate capital facilities exist or are assured and that land development shall bear a proportionate share of the cost of providing new or expanded capital facilities required by such development; and WHEREAS, relying upon a Road Impact Fee Study prepared by Duncan and Associates, dated October 2000, the City adopted Ordinance 31, 2000, providing for the implementation and collection of collector road impact fees to provide new and expanded roadways occasioned by land development; and WHEREAS, relying upon an updated Road Impact Fee Study prepared by Duncan and Associates, dated April 2001, the City wishes to amend its impact fee ordinance to delete references to collector roads and to clarify those provisions applicable to alternative payments and credits of road impact fees to ensure that the amount of road impact fees collected equals the cost of constructing the necessary improvements. 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: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 49, "Applicability," by amending subsections (b), (c) and (d) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 49. Applicability 0 (b) Intent and purpose. • This division shall implement the City's comprehensive plan. The purpose of this division is to ensure that new development bears a proportionate share of the cost of capital expenditures to provide eelleetaf road, parks and recreation, police, and fire /emergency medical service protection services in the city as established by the comprehensive plan. (c) Rules of construction. (8) Unless the context clearly indicates to the contrary, the terms coNec o roadd," "public safety," "police protection," "fire protection," "emergency medical services (EMS)," and "parks and recreation" shall have the same meanings given those terms in the city's comprehensive plan. (9) For the purposes of this division, the term "road" shall mean Burns Road and those roads identified in the city's thoroughfare plan and city center linkaqes plan, as incorporated into the city's comprehensive plan. (9l 0) The land use types listed in section 50 for police, fire /EMS and parks and recreation fees shall have the same meaning as in article IV pertaining to zoning. The land use types listed in section 50 for ec"eetor road fees shall be as described in the latest edition of the Institute for Transportation Engineers, Trip Generation manual. (d) Imposition of fees. (1) Fees required. Any person who, aftle I SAVPLVIIIWV1 rin 1�aao, seeks to develop land by applying for the issuance of a building permit for one of the land use types specified in section 50, shall be required to pay an impact fee for the following services: eelleeto roads, police protection, fire protection /EMS, and parks and recreation in the manner and amount set forth in this chapter. -2- SECTION 3: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article 111, "Development Review Process," Division IV, "Citywide Impact Fees," Section 50, "Fees," by amending the title to the road impact fee schedule to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 50. Fees. Schedule 4: ^ALI 3 EMI A 'r'' EN 3 COLL: CTO : ROAD COST SC11 „r�L` Road Cost Schedule SECTION 4: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article 111, "Development Review Process," Division IV, "Citywide Impact Fees," Section 51, "Independent Calculations," by amending subsection (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 51. Independent Calculations. (b) Independent calculation formulas. Any independent calculation shall use the formulas listed below: (4) Crllector rRoads. SECTION 5: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 54, "Trust funds," by amending subsections (a) and (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 54. Trust funds. (a) Trust funds established. • -3- There are established four impact fee trust funds, one for colleeter roads, one for police protection, one for fire protection and EMS, and one for -parks and recreation facilities. (4) 'CoHectO rRoad trust fund. The eelleetei° road impact fees shall be deposited in the cviicctvi road impact fee trust fund. (b) Investment, use, and budgeting. (3) Budgeting. The city manager shall identify in the city's annual budget those new capital improvements for which the eelleeter road, police protection, fire protection, and parks and recreation facilities impact fees will be spent. The funds shall remain restricted in their respective trust funds and the requirements of this division, and the city manager shall ensure that the funds are expended and accounted for in accordance with this division. (4) Audit. The city manager shall maintain such records and documentation necessary to allow the effective audit of the use of the collau-Nor road, police protection, fire protection /EMS, and parks and recreation facilities impact fees. SECTION 6: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 55, "Collection and administrative fees," by amending subsections (a), (b) and (c) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 55. Collection and administrative fees. (a) Time of payment. The feepayer shall pay the ealleeto road, police protection, fire protection /EMS, and parks and recreation facilities impact fees to the city prior to the issuance of a building permit which may be required for development listed in the schedules in section 50. A building permit shall not be issued for any development, unless exempt for such fees as provided herein, until such fees have been paid or until ti t: L... 1�. " L:..... aL. ,&-- .J.. —.J- the city has accepted L�L�G LL, IaIILJ ares �GGL��iy L1 sLa11UCA1UQ alternative paVment as set out in this section, provided, however, that -4- • alternative payments for road impact fees shall be governed exclusively by section 57(d) below. For land uses not requiring a building permit, the authorization to develop shall not be granted until the impact fees have been paid. (b) Alternative payment. In lieu of all or part of the impact fees, the city council may accept an offer by a feepayer to dedicate land and /or construct all or part of a eolleetor -road police protection, fire protection /EMS, or parks and recreation facilities project. Such construction must be in accordance with state, county, or city design standards, whichever is applicable. (c) Acceptance. If the city council accepts alternative payment, the city manager shall credit the cost of this construction against the eellecter read-, police protection, fire protection /EMS, or parks and recreation facilities impact fees otherwise due. SECTION 7: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 57, "Exemptions and credits," by amending subsections (a) and (b) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 57. Exemptions and credits. (a) Exemptions. Exemptions for payment of impact fees are established below. (1) No additional demand. Alteration of expansion of an existing building or use of land where no additional living units are created, where the use is not changed, and where no additional demand for collector road, police or fire protection services will be produced over and above that produced by the existing use. 0 -5- • (b) Credit. (1) Improvements. a. All improvements to and /or land dedications for police protection, fire protection and EMS, or parks and recreation facilities, and aii �.viiaC,LUI i vau III Ipi v'vcl i lai lL :_A .. �a:r. -..J :.._ al._.. n:a. .1. TL.... .... L. r....... nl. /�:a.. P.- ..._ate_ IUGI Il111G4 111 U IG VILY J I I,GrGLig. h,Cra 1 1Q11 VI . Cityy VGI IIGI L-Ink-ages , required under city development approval shall be credited against impact fees up to the total of the impact fees due. A feepayer proposing credit for, land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent assessment of the property for tax purposes to be used in determining the amount of the credit. However, the city retains the right to determine the amount to be credited by preparing engineering and construction cost estimates and /or property appraisals for those improvements and /or land dedications. • (2) Alteration, expansion or replacement. Where alteration, expansion or replacement of a building or unit, or a change in land use existing on September 23, 1993, or presently existing which involves an increase in the number of units or square footage or a change in use resulting in new impacts on eotleetor road, police, fire and EMS, or parks and recreation capital facilities for which the impact fee is assessed, credit shall be allowed as provided herein. Credit shall be given for the number of existing units or square feet based upon the existing or previous land use, and impact fees shall only be assessed on the increased level of impact resulting from such alteration, expansion, or replacement. SECTION 8: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article III, "Development Review Process," Division IV, "Citywide Impact Fees," Section 57, "Exemptions and credits," by adding a new subsection (d) to read as follows (with underlining to indicate text to be added and strike - through to indicate text to be deleted): Sec. 57. Exemptions and credits. -6- • (d) Alternative payment and credit for road impact fees. In general. In lieu of paying or all a portion of the road impact fee, the feepayer may elect to construct road improvements identified in the city's thoroughfare plan or city center linkages plan. The feepayer shall submit a plan of construction, along with a certified engineer's cost estimate, to the growth management director and city engineer. (2) Construction standards. All roads constructed pursuant to this subsection shall comply with the requirements of section 248 of the city's land development regulations. (3) Calculation of credit. Based on the certified cost estimate submitted and any other relevant information acquired by or provided to the city, the city engineer shall determine the amount of credit to be given and the timetable for completion of the proposed construction. The city engineer shall certify the amount of the credit to the finance director. (4) Costs creditable. Credit shall be given only for the costs of plans preparation and construction. a. Plan preparation. Costs of plan preparation for city road network construction shall be credited if approved by the city engineer and the finance director, based on reasonable costs associated with the preparation of such plans. b. Construction costs. Costs of construction shall include only roadway construction and all required sidewalks, striping, signage and curbing. fQ Pooling. In the event the cost of the improvements exceeds the total amount of road impact fees due, the city council may, on a case by case basis and in the exercise of its discretion, allow the feepayer constructing such improvements to pool impact fees for multiple developments or enter into funding agreements with other feepayers whose developments contribute to the need for such capital improvements. SECTION 9: 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. -7- SECTION 10: 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 11: This Ordinance shall become effective immediately upon adoption. 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 0 ATTESTED BY: COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK PACP Win \H 1 STORY\ 010515A \43F.96(319.062)Igr- doc115 • -8- is • CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 SUBJECT /AGENDA ITEM MISC -00 -11 — Hidden Hollow PUD Amendment Second Reading and Public Hearing: Ordinance 13, 2001, a request by Alfred J. Malefatto of Greenberg and Traurig, on behalf of Fercon Florida, Inc., to amend the Hidden Hollow Planned Unit Development (PUD) to delete a build -out date. RECOMMENDATION Staff recommends approval of the request. Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Principal Planner /Growth Management: [ J Approved Karen M. Craver, / Costs: $ [ ] App. w/ conditions City Attorney Project ���'� Manager. Total [ ] Denied Rec. a� ( ] approval Leonard Rubin` John End ren $ [ ] Rec. app. w/ conds. Finance NA Current FY [ ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ]Operating Submitted by: Advertised: Attachments: Growth Date: 7/9101 [ ]Other *Table 1 Manag[ � Paper: The * Site Map Directo _ Palm • Ordinance 13, 2001 Charles K. Wu, AICP Beach Post • Engineering Budget Acct. #: comments • Applicant's Approved by: City Manager [ ]Not Required Justification Affected parties: Ron Ferris • Plat of Site otified [ Not Required [ ] None �7 City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 REQUEST Attorney Alfred J. Malefatto of Greenberg and Traurig, agent for Fercon Florida, Inc., is requesting to amend the Hidden Hollow Planned Unit Development (PUD) by deleting Section 7 of Ordinance 16, 1987 (as amended by Ordinance 10, 1990, Ordinance 11, 1996, and Ordinance 32, 1997), which required the complete construction of the 51 single - family residential units on site prior to June 30, 2000. The 12.3 -acre site is located on the south side of Northlake Boulevard, '/2 mile west of Military Trail. (23- 42S -42E) BACKGROUND The Hidden Hollow PUD was annexed into the City of Palm Beach Gardens and approved on December 3, 1987 with the adoption of Ordinance 16, 1987. The PUD was subsequently amended through several ordinances and resolutions, including Ordinance 32, 1997, which approved a 2 -year time extension for the completion of the entire development (to expire on June 30, 2000). The site is approved for 51 single - family homes, 23 of which have been constructed. Therefore, the applicant has requested to eliminate the condition requiring the entire development to be completed by a date certain. is LAND USE & ZONING The subject site is zoned Residential — Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay, and has a future land -use designation of Residential — Low Density (RL). CONCURRENCY A traffic study was provided and reviewed by the City Engineer. The project was found to meet the Traffic Performance Standards (see attached memorandum dated April 10, 2001). PETITION DETAILS The applicant proposes to delete Section 7 in Ordinance 16, 1987 (as amended by Ordinance 10, 1990, Ordinance 11, 1996, and Ordinance 32, 1997) which required the complete construction of the 51 single - family residential units on site prior to June 30, 2000. This condition is not a typical code requirement, and does not give the applicant the flexibility to construct and sell homes on site per market demand. After reviewing the minutes from the meetings where the previous ordinances were approved, it is unclear as to why this condition was included in the development order. The applicant has completed the recordation of the plat and installed all infrastructure and common landscaping prior to the build -out date; therefore, the applicant has complied with Section 33(c)(3)a. 2 City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 regarding the buildout period of a PUD. It should also be noted that because the applicant has satisfied Section 33 of the City's Land Development Regulations (LDRs), condition #16 in Section 2 of Ordinance 11, 1996 (as amended by Ordinance 32, 1997) regarding the completion date for all required infrastructure has been satisfied. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) City Engineerin,q City Engineer Sean Donahue recommends approval of the request (see attached April 10, 2001 LBFH memorandum). To date, no objections have been received from the following departments and agencies: Building Division, Planning & Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Northern Palm Beach County Improvement District, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. GROWTH MANAGEMENT RECOMMENDATION 40 Staff recommends approval of the request to amend the PUD, because the applicant has satisfied Section 33(c)(3)a., which requires a residential PUD to be platted, have all infrastructure in place, and all common landscaping installed prior to the end of the buildout period. The applicant has also moved forward, in good faith, to complete the development of this project. PLANNING & ZONING COMMISSION At their April 24, 2001 meeting, the Planning and Zoning Commission heard this petition as a time extension request; the Commission voiced no concerns regarding the request for a time extension. After further studying their request, however, the applicant decided they would prefer to eliminate the condition requiring the complete buildout of the project by a date certain. At their May 22, 2001 meeting, the Planning and Zoning Commission held a public hearing to review the request to eliminate the condition requiring the complete buildout of the project. The Commission voted 7 — 0 to recommend approval of the applicant's request to eliminate the condition. 0 3 u CITY COUNCIL City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 City Council voiced no concerns regarding this request at their June 21, 2001 meeting, and with a vote of 3 — 0 approved the request on first reading. grohn: misc0011 =3 �J 0 4 • • • City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 i •,aa� 777 g :s«�it�.� �:; .w Y EXISTING ZONING AND WWI 7WX 77, EXISTING USE ZONING LAND USE Subject Property Residential — Low Density Residential Low (RL) Hidden Hollow 3 (RL -3) with PUD overlay North Public or Institutional (P /1) Public (P) and Residential City of Palm Beach & Residential — Medium Low (RL) Gardens Fire /Police Density (RM) with a Station #3 & Christian Day Conditional Use overlay Care Center South Residential Estates (RE) Residential Low (RL) Horseshoe Acres West Residential — Medium Residential Low (RL) Christian Day Care Center Density (RM) with a and Horseshoe Acres Conditional Use overlay and Residential Estates RE East Residential Estate (RE) Residential Unincorporated Palm and Residential Beach County - Transitional (R) Square Lake Residential Community • 0 City council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 SITE MAP s • ORDINANCE 13, 2001 July 11, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL.OF AN APPLICATION FROM FERCON FLORIDA, INC. TO AMEND A PREVIOUSLY - APPROVED PLANNED UNIT DEVELOPMENT BY DELETING SECTION 7 OF ORDINANCE 16, 1987, AS AMENDED, THAT REQUIRES, BY A DATE CERTAIN, THE COMPLETE CONSTRUCTION OF THE 51 SINGLE - FAMILY RESIDENTIAL UNITS ON THE HIDDEN HOLLOW PLANNED UNIT DEVELOPMENT (PUD) SITE, LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD, '/Z MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC -00- 11) from Fercon Florida, Inc. for approval of an amendment to the previously - approved "Hidden Hollow" Planned Unit Development, located on the south side of Northlake Boulevard, Y2 mile west of Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, said amendment will remove Section 7 of Ordinance 16, 1987, as amended, which required the complete construction of the entire development, including all 51 single - family residences, by a date certain (extended to June 30, 2000 with the adoption of Ordinance 32, 1997); and WHEREAS, the 12.3 -acre "Hidden Hollow" site is currently zoned Residential — Low Density 3 (RL -3)) with a Planned Unit Development (PUD) overlay; and WHEREAS, the "Hidden Hollow" site has satisfied the conditions required in Section 33(c)(3)a of the City's Land Development Regulations for a residential planned development to be considered "built -out" by having completed the recordation of all plats, and the installation of all infrastructure and common landscaping on site; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 22, 2001, the City's Planning and Zoning Commission recommended approval of the elimination of a date for completion of all construction. • • Ordinance 13, 2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Hidden Hollow" PUD on the south side of Northlake Boulevard, Y2 mile west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the removal of Section 7 of Ordinance 16, 1987 (as amended by Section 3 of Ordinance 10, 1990, Section 4 of Ordinance 11, 1996, and Section 2 of Ordinance 32, 1997) which required the complete construction of the entire development, including all 51 single - family residences, by a date certain. SECTION 2. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 3. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21St DAY OF JUNE 2001. PLACED ON SECOND READING THIS 2nd DAY OF AUGUST 2001. PASSED AND ADOPTED THIS 2nd DAY OF AUGUST 2001. MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO 0 COUNCILMAN CARL SABATELLO 2 • ATTEST BY: Ordinance 13, 2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: mi§ 0011.or4 � 0 3 • Ordinance 13,2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -11 EXHIBIT "A" Hidden Hollow, Plat 1, according to the plat thereof as recorded in Plat Book 78, Pages 170 through 172, inclusive, of the Public Records of Palm Beach County, Florida; together with Hidden Hollow, Plat 2, according to the plat thereof as recorded in Plat Book 78, Pages 173 and 174, inclusive, of the Public Records of Palm Beach County, Florida r� 0 4 INC. C ( In 1 i MIRK t :Irt:R\I WAII r. Rl.scu?I:( rS rR. »til�c tRl:�rl<�� RVI1•INI(. i Io: IIIII%(, c ,I� • "Partners (or Results Value by Design- *.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 wwwIlAh _com MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E. DATE: April 10, 2001 File No.: 87 -0906 SUBJECT: Hidden Hollow Time Extension We have reviewed the Time Extension Applicant for a 24 -month extension of the Hidden Hollow Residential Planned Unit Development. We have the following comments: 1. The Traffic Impact Analysis (TIA) prepared by Kimley -Horn and Associates, Inc. has been reviewed by the City's traffic consultant. The project meets the Traffic Performance Standards and can be approved for the requested 24 -month time extension. 2. The applicant -has provided a narrative verifying the "good faith' efforts of the developer and copy of the warranty deed verifying current ownership, which complies with LDR Section 33. We have no further engineering concerns and recommend approval of the Time Extension Application. SCDhj cc_ Charles Wu Steve Cramer Karen Craver Barbara Springthorpe, Greenberg Traurig, P.A. PAPBGMEM0%9061906v &C John Unduren _ 0 rom: ent: To: Cc: Subject: Sabatellom @ gtlaw.com Tuesday, May 01, 2001 10:04 AM John Lindgren MalefattoA @gtlaw.com; SpringthorpeB @gtlaw.com RE: Hidden Hollow - MISC -00 -11 Dear John, Thank you for your time this morning and your assistance with this application. Pursuant to our conversation, we would like to revise our petition (MISC 00 -11 - Hidden Hollow Time Extension) to request that the development ordinance be amended by deleting the provision that requires the project to be built -out within a set period of time. Originally, our petition requested a 2 year extension of the build -out window. We understand that the scheduled Planning and Zoning meeting must be postponed and re- advertised and that this will delay the final approval, which is fine with us. I will keep in. touch with you to make sure we have the correct meeting dates as they arise. Thank you again for your assistance, Michael Sabatello Greenberg Traurig, PA 777 South Flagler Drive, Suite 300 East West Palm Beach, Florida 33401 (561) 650 -7953 Fax: (561) 838 -8853 SabatelloM@GTLaw. corn • r e 6flffN8EBG ............ • iflNVNl6 AIGed J. Malefatto 561650.7908 MalcfattoA ftdaw."m February 28, 2001 BY FAX AND FEDERAL EXPRESS Mr. John Lindgren City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Petition MISC - 00 -I1— Hidden Hollow Time Extension Dear Mr. Lindgren: Please accept this letter as a response to your request for additional information on the above - referenced petition. There were three items requested, the first of which was an "affidavit that the warranty deed submitted to our office represents the current ownership." As we discussed, attached please find the most recent printout from the Palm Beach County Property Appraiser's Office for Hidden Hollow (Plats 1 and 2) showing which lots in the development are still owned by the petitioner, Fercon Florida Inc.(Attachment 1) You stated this would be acceptable in lieu of an affidavit. - The second item requested was an updated traffic impact analysis. This analysis has been completed by Kimley -Horn and Associates, Inc. and is enclosed. The third item requested was a revised narrative that addressed certain criteria intended to demonstrate the developer's good faith efforts and progress of the development. For your convenience, we have repeated the criteria below (underlined) and addressed each point. a. The number, types, and cost for professionals retained to design the project and secure permit/approvals. The property owner, Fercon Florida, Inc. (the "Developer "), purchased the undeveloped property on July 24, 1997 (Official Record Book 9918, Page 1299 — Attachment 2 ). At that time, the Planned Unit Development ("PUD "), including the already- designed site plan, had been approved by the City Council, but no homes were built. Since purchasing the property, the Developer has retained numerous professionals, a list of which is attached, to secure permits for the 23 houses that have been construct( e (Attachment 3). 8 g � L • ell� GREENBERG TRAURIC. P.A. CO P.O. Box 20629 WEST PALM BEACH. FLORIDA 33416 -0629 S61 -650 -7900 FAX S61 -6SS -6222 www.gtlaw.com 777 SOUTH FLACLER DRIVE SUITE 300 EAST WEST PALM BEACH. FLORIDA 334 Il NEW YORK WASHINGTON. D.C. ATLANTA, PHILADELPHIA TTBONB CORNER CHICAGO BOSTON PHOENIX WI SILO PA[ILO FORr I.AnnennAr.T. ROCA RATOIt Wa'eT PALM RF.ACR ORLANDO TALLARASaF �•�� DENVER • Mr. John Lindgren February 28, 2001 Page 2 b..The number and type of permits/approvals obtained from the City and other regulatory agencies. The following ordinances and resolutions were approved on this property by the City Council prior to the current Developer taking title in July of 1997. Ordinance 16, 1987 Ordinance 22, 1989 Ordinance 10, 1990 Resolution 77, 1990 Ordinance 11, 1996 Resolution 184, 1996 Resolution 185, 1996 Ordinance 32, 1997 South Florida Water Management District — Standard General Permit No. 50- 03701 -P. City of Palm Beach Gardens - drainage, paving and utilities. City of Palm Beach Gardens — building permits and certificates of occupancy for 23 homes. - c. The number and timeliness of plats recorded and/or phases completed., if applicable. Hidden Hollow Plat No. 1 (Plat Book 78, Page 170) and Plat No 2 (Plat Book 78, Page 173) were recorded on December 26, 1996. The project has only one phase. d. The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. All of the infrastructure was completed iii May of 1998. The developer has been successful in completing and selling 20 homes on the 51 platted lots. Additionally, there are 3 models on site. The developer is planning to construct 2 additional homes in March, 2001. e. Granting of right -of -way or other public dedications. City of Palm Beach Gardens Ordinance 16, 1987 (Section 6) required the conveyance to the City the North 30 feet of the Property for right -of -way purposes. This conveyance, along with the conveyance of a sewer lift station, has been completed. GREENBERG TRAUR[G Mr. John Lindgren February 28, 2001 Page 3 f. The marketing effort to date and the results thereof. The Developer is continuing to actively market the property to prospective purchasers. A half -page advertisement for the development is placed each week in the Palm Beach Post and Sun Sentinel newspapers. The monthly cost for these two advertisements is approximately $4,500. Two direct mailings were completed during 2000, with postcards and letters sent to brokers, realtors and the community in general in Palm Beach Gardens, Jupiter and West Palm Beach. From the time of purchase through September, 1999, Fercon had its own sales staff on site. PGA National Sales handled the marketing and sales from September, 1999, through November, 2000, at which time Fercon hired a new sales manager, Mr. Miguel Nahm. Mr. Nahm is located on site and continues to oversee the sales and marketing efforts on Fercon's behalf. is g. Financing and economic conditions. Not applicable. As previously discussed with you, irwould be unnecessary for this Developer to request any additional time extensions if the proposal were being newly considered, due to a change in the city's code. We request that this time extension be approved and that, consistent with the code provision, this Developer not be required to submit any further time extension requests. Please contact me if you have any questions or need any additional information. Thank you. cc: Mr. and Mrs. David Spilberg Mr. Miguel Nahm Paulo Miranda, Esq. WWNG O"EB xsnu, oiUn&'OI 878.010100 C GREENBERC TRAURIC Z i[ �- u1t1 9d'SS91 7trro1 is i (11(l Wwl 11 E ON ldNdO =_ t .IL'C69 CAI AC.I Ot ,•.1�, _ .117:09 wA1.9C .IOf •,�l. _ .':• i..�ii _ _ _ _ • 1 7 ► if I Nr �ti�i a 11 0 ► 1 °- 1 N . .j �� -•� { i Is • — l3AA4d _ �•�•; ~~ • °�"' , .^. ,« •;^n••^., ,?i7.1 R' -f w T� �M' �s ;, . ..+ 1 _ Q I , r y e k %N N � �� '1' -'_' �•. At p�10170H• •3001H MM A L, Q R' �� 1I 1 m- 1% I i 1 l 111+ W Cc • fn� I I 1 Q 1: Ln Al N� 1 .1 I • 1 � ' i '- t[ Ia � "f ss \` • `1 N� % 6i 37Yt1tI31 x0770H H3001H . •••w — —_ 37YHtl31 x0770H N3001N"'�r >� N0 _ I i p1, I• :1 N 1,�J Yul •• ' Ojr ❑n�, 01 m cz J I I 1 �I al N Z «ice-- , r....• � * , I t • N 1 J A Q 1 i M '�� i M 's ' r— , = , as !�• At's It Cld 1 yylp -01 N]OOIH t s O a� ` - - - - - - - - - — — -- - -- - - - -- --= - -i - -- - - - -- ' - - -- - - OO J •a '3 ia. •� C, .--1 1 a M . g • M O . N N • N p , �1 ,' � I�S � , � 1 '' � ' � 1 m� i � 1 1•n a 1 __.. S- .r.r -- - -mow_- - 1 --w -- --.w -- - - -w -- - -.w -- -i .i.•- �• Cd`_ Sete ial�c.la, —�_ —_ — — — - -- — — 3AI80 OS13N 1/3 — — — CTS • • �.I ORDINANCE 16, 1987 November 18, 1987 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A PARCEL OF LAND LOCATED OFF LAKE PARK ROAD WEST IMMEDIATELY WEST OF SQUARE LAKE, CONSISTING OF 8.05 ACRES AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AND, PROVIDING FOR THE ANNEXATION OF SAID LANDS INTO THE CITY OF PALM BEACH GARDENS; AND, CONCURRENTLY CREAT- ING A ZONING CLA551FICATION OF PLANNED UNIT DEVELOPMENT KNOWN AS "HIDDEN HOLLOW" AS A CONDITIONAL USE OF THE UNDERLYING CLASSIFICA- TION OF RS -4 RESIDENTIAL SINGLE - FAMILY DISTRICT WITH A CONDITIONAL USE OF PLANNED UNIT DEVELOP- MENT FOR REFERENCE PURPOSES; AND, PROVIDING FOR SURETY REQUIREMENTS FOR SITE IMPROVEMENTS; AND, PROVIDING FOR CONDITIONS FOR BUILDING PERMIT ISSUANCE; AND, PROVIDING FOR THE COLOR- ING OR HATCHING OF THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP BY THE CITY CLERK TO REFLECT SAID ZONING CLASSIFICATION; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Petitioner, Sabatello Development Corporation, VI, the fee simple title holder to those lands located off Lake Park Road West immediately, West of Square Lake, consisting of 8.05 acres and more particularly described in Exhibit "A" attached hereto and made a part hereof, has requested that the City of Palm Beach Gardens annex said lands into the corporate lantis of the City; and WHEREAS, the Petitioner has further requested that the City Council of the City of Palm Beach Gardens, concurrent with said annexa- tion, rezone said lands to zoning classification of Planned Unit Development with development thereof to be in accordance with the Site Plan consisting of one (I1 sheet, prepared by gbs Architects Landscape ARchitects Planners, Inc., Job No. 87 -0806 and the zoning classification shall be Rs -4 Residential Single- Family District with a conditional use of Planned Unit Development for reference purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. That parcel of Iand located off Lake Park Road West immediately West of Square Lake, consisting of 8.05 acres and being more particularly described in Exhibit "A" attached hereto and made a part hereof, is hereby annexed into and shall be within the corporate limits of the City of Palm Beach Gardens, Florida, and-that same shall henceforth be a part of said City as if said lands were originally a pat of the City of Palm Beach Gardens. Section 2. Concurrent with said annexation, said lands are hereby rezoned to a zoning classification of Planned unit Development in accordance with the requirements of the Palm Beach Gardens Code, with said Planned Unit Development known as "HIDDEN HOLLOW" to be developed pursuant to the Site and Landscape Plan prepared by gbs Architects Landscape Architects Planners, Inc., Job No. 87 -0806, consisting of 4 sheets, which is attached hereto as Exhibit "B ". The zoning classification for said lands shall be RS -4 Residential Single - Family District with a conditional use of Planned Unit Development for reference purposes. Section 3. No Building Permit shall be issued for construction of any structure or building upon the property described in Exhibit "A" until final drainage, paving and utility plans for said Planned Unit Development have been approved in writing by the City Engineer, and all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official, and the Petitioner shall have deposited with the City Manager a performance bond, or a letter of credit, or an escrow deposit in the sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities on said project. Section 4. A Plat of said Planned Unit Development shall be approved by the City Council by subsequent Resolution and shall be delivered for recording upon Petitioner posting the requisite bond or letter of credit with the City as required in Section 3 hereof. Section S. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, impact fees as hereinafter designated togehter with amounts of monies and time of payment. A. Recreation capital improvement impact fee in the total sum of $5,500.00 which shall be due and payable at the time the first Buildino Permit shall be issued. - 2 - . B. The road impact fee in the total sum of $22,500.00 shall be due and payable to the City as follows: (1) One half shall be paid at time the first Building Permit is issued, and the remaining half thereof shall be due and payable at the time a Building Permit shall be issued for the twentieth (20th) unit of the Planned Unit Development. Section 6. Further, prior to issuance of the first Building Permit, the Developer shall deliver to the City Manaoer a General or Special Warranty Deed in requisite form conveying to the City of Palm Beach Gardens, Florida, the North thirty (30) feet of the lands described in Exhibit "A" with said lands to be used for purposes of road right -of -way. The City shall ultimately convey the title to said lands to the Florida Department of Transportation when required. - Developer shall provide at delivery of Deed a Certificate by a licensed Florida attorney or title insurance company that said • title is marketable and free and clear of liens and encumbrances. Section 7. All construction shall be completed within four (4) years from date. The Developer may, prior to the expiration of said time period, request in writing an extension of time thereon, and for good cause shown, the CityCouncil may extend said period for no longer than one (1) year. Section 8. The City Clerk of the City of Palm Beach Gardens is hereby authorized to color or hatch the official City of Palm Beach Gardens zoning map for those lands described in Exhibit "A" to reflect those zoning classifications stated in Section 2 hereof. Section 9. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 10. This Ordinance shall be effective on date of passage. - 3 - Goo I(,* I PLACED ON FIRST READING THIS THE ,S� DAY OF ��o,,r�,Qe„_, 1987. PLACED ON SECOND READING THIS THE 3rd DAY OF December 1987. PASSED AND ADOPTED -THIS THE and DAY OF December , 1987. Y u c ` {l VICE MAYOR ATTEST. /�IJA M. HIND, CMC, CITY CLERK • • COUNCILWOMAN �~ COON ILMAN COUNCILMAN E X H I B I T " A" The west 500 feet of the East 600 feet of the East Half (E1 /1) of Section 23, Township 42 South, Range 42 East, Palm Beach County, Florida, lying Northerly of the Northerly right -of -way line of Canal No. 2, as described in Official Record Book 1855, page 1376, Less and excepting therefrom the right -of -way of Lake Park Road (rest. 1 0 IV 0 • %0' .4ay 1, 1990 ORDINANCE 10, 1990 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 16, 1987, ADOPTED ON DECEMBER 3, 1987, WHICH CREATED "HIDDEN HOLLOW ", A PLANNED UNIT DEVELOPMENT, AND SUBSEQUENTLY AMENDED BY ORDINANCE 22, 1989, AND IS HEREBY FURTHER AMENDED BY ADDING AN ADDITIONAL NINETEEN (19) SINGLE- FAMILY LIVING UNITS WITHIN THE PLANNED UNIT DEVELOPMENT ON A CONTIGUOUS TRACT OF LAND CONSISTING OF 4.25 ACRES; AND, PROVIDING FOR THE DEVELOPMENT OF SAID ADDITIONAL LANDS ACCORDING TO THE PLANS AND CONDITIONS HEREINAFTER SET FORTH; AND, PROVIDING FOR THE REQUIREMENT OF A SURETY FOR THE CONSTRUCTION OF INFRASTRUCTURES ON SAID SITE; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Ordinance 16, 1987, which was subsequently amended by Ordinance 22, 1989, and which created "HIDDEN HOLLOW ", a Planned Unit Development, is hereby further amended by adding an additional nineteen (19) single - family living units within said Planned Unit Development on a contiguous tract of land consisting of 4.25 acres in accordance wixth the plans and specifications set forth as follows; and attached hereto as Composite Exhibit "A ": A. March 5, 1990, Site Plan submitted by Ted Sabatello on March 7, 1990. B. Undated Elevations by Quincy Johnson Associates. Received by Staff on March 7, 1990, consisting of two (2) p agest and one page received May 15, 1990. C. Preliminary Landscape Plans, dated June 8, 1989, prepared by James F. Smith, Landscape Architecture, consisting of two (2) sheets, namely, L -1 and L-2. D. Sign Details, dated June 22, 1989, prepared by James F. Smith, Landscape Architecture, con- sisting of one (1) sheet, marked L -3. E. Wall Details, dated July 10, 1989, prepared by James F. Smith, Landscape Architecture, con- sisting of one (1) sheet marked L -4. F. Undated Landscape Plan for Phase II, preparer not indicated, and consisting of one (1) sheet marked L -2A. Further, the Staff has set forth the following conditions which shall be part of the development plan: C, J A. Within the Hidden Hollow Homeowners' Association docwnents, there shall be the following provisions: 1. Prior to the issuance of a Certificate of Occupancy for houses.built on Lots 38, 45 and 46, a hedgge will be installed within the ten (10) foot landscape ease- ment on the North property line. The means to irrigate this hedge will also be required. 2. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 46 through 52, inclusively, a fence and hedge will be installed along the West property line. The means to irrigate this hedge will also be required. 3. The maintenance of said hedges shall include but shall not be limited to such items as the required hedge height at maturity, responsibility for replacement shrubs, if removed for any reason, and their ultimate care. B. The exotic vegetatation (i.e., Brazilian Pepper, Malaleuca and Australian Pine) shall be removed and as much of the quality (Florida Native) vegetation will remain. C. If all the trees on any particular lot shall be removed along the eastern and - southern boundaries for canal bank restoration, a minimum of two (2) trees per adjoining lot shall be planted along these boundaries. D. A barricade shall be erected at both ends of the North South street in Phase II where the road dead ends. E. All conditions contained in David Getz's March 19, 1990, letter pertaining to the paving and drainage plans for Phase I and Phase II shall be resolved prior to final approval by the City Council. F. The Petitioner shall dedicate the required road right- of -way on the South side of Northlake Boulevard to the County of Palm Beach within sixty (60) days of City Council approval. G. In lieu of the Department of Transporation standard barricade mentioned in Condition D above, the developer will investi- gate the legality of placing railroad ties and vegetation as the barricade for the ends of the North /South street in Phase II. 0ea 1 0.50 • H. The Homeowners' Association documents shall contain provisions which will allow the City to enforce the maintenance. of the landscaping pursuant to the City Code in the event the Homeowners' Association does not enforce the mainteance thereof. I. The above - mentioned project shall have two (2) exits lanes on the Northlake Boulevard on the Southerly right -of -way. Section 2. No Building Permit shall be issued for the development of Phase I and Phase II within this Planned Unit Develop- ment until final drainage, paving and utility plans have been approved in writing by the City Engineer, and all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official; and the Petitioner shall have developed with the City Manager a performance bond, letter isof credit or an escrow deposit in a sum of money prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilites in these :two phases. Section 3. All phases of the development in the "HIDDEN HOLLOW" Planned Unit Development shall be completed within three (3) years from effective date hereof, and the owner /developer may obtain an extension of one (1) additional year for good cause shown by approval of subsequent Resolution. Section 4. Ordinance 16, 1987, and and Ordinance 22, 1989, shall remain in full force and effect-except as modified herein. Section 5. All Ordinances or parts of Ordinances in conflect herewith are hereby repealed. Section 6. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS %AW,DAY OF MAY, 1990. • • 744 AY OF PASSED AND ADOPTED THIS THE / �774� DAY OF 1990. W , 1990. Lt l U Z!C/� _�• MAYOR COUNCILWOMAN PLACED ON SECOND READING THIS 7 VICE -MAYOR ATTEST: v� NDA V. KOSIER, CITY CLERK • APPRlDVED AS TO FORM AND I—Ealk SUFFICIENCY CITY ATTORNEY June 20, 19% July 11, 1996 ORDINANCE 11, 1996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE HIDDEN HOLLOW PLANNED UNIT DEVELOPMENT FOR 51 SINGLE -FAMILY RESIDENTIAL DWELLING UNITS; AND PROVIDING FOR AN EXTENSION OF TIME FOR COMPLETION OF THE DEVELOPMENT. WHEREAS, the City approved the Hidden Hollow Planned Unit Development by Ordinance 16, 1987, and subsequently amended by Ordinance 22, 1989, Ordinance 10, 1990, and Resolution 77, 1990; and WHEREAS, the City has received an application for an amendment to said Planned Unit Development; and WHEREAS, the amendment to the Planned Unit Development is consistent with the City's Comprehensive Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to the Hidden Hollow Planned Unit Development located on the south side of Northlake Boulevard west of Military Trail and east of Kelso Drive. SECTION 2. Said amendment is conditioned upon the applicant's compliance with the following conditions: 1. The gates shall automatically open on demand when a vehicle passes over the actuation loop from the hours of 6:00 a.m. -10:00 p.m. From the hours of 10:00 p.m. - 6:00 a.m. residents will need to enter using a remote actuator to open the gate; non- residents will be required to use the call box. 2. The location of the exit gate on the construction plans shall be moved south so that the swing radius does not conflict with a vehicle making a U -turn at the call box. 3. The record plat shall show sidewalk easements where the sidewalks encroach on private lots and are not within the right -of -way. 0 4. No building permit shall be issued for construction of any structure or building until final drainage, paving and utility plans for said Planned Unit Development have been approved in writing by the City Engineer, and permits to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official. Further, the Petitioner shall have deposited with the City Manager a letter of credit or an escrow deposit in the sum of money in the amount prescribed by the City Engineer and in such form as approved by the City Attorney, for the purposes of assuring the completion of all paving, drainage and utilities on said project. 5. A plat of said Planned Unit Development shall be approved by subsequent Resolution and shall be delivered for recording upon Petitioner posting the aforementioned escrow deposit or letter of credit with the City. 6. All applicable impact fees imposed by the City of Palm Beach Gardens and Palm Beach County shall be paid to the City at the time of issuance of the first building permit. 7. Prior to the issuance of the initial Certificate of Occupancy, the required off -site left turn lane on Northlake Boulevard shall be constructed and open to the public. 8. All Florida native vegetation on site shall be preserved except in road and right-of- way areas during construction. Individual lot owners within the PUD shall have a choice to preserve remaining trees. 9. Prior to the issuance of a Certificate of Occupancy for the adjacent home the canal banks shall be stabilized with sod. 10. Within the Hidden Hollow Homeowners Association's covenants and restrictions shall include the following provisions: A. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 33, 34 and 41, the Association shall install a hedge (Specifications per Plant List) within the five foot (5) landscape easement on the north property line. B. Prior to issuance of a Certificate of Occupancy for houses -built on Lots 27 through 33, inclusively, the Association shall install or cause to be installed, a fence (5 -foot chain link) and hedge (Specification per Plant List) along the west property line. C. The Association small be responsible for the maintenance of said hedges (and fence) shall include but not limited to such items as the required hedge height at maturity, responsibility for replacement shrubs, if removed for any reason, and their ultimate care. • • 11. All exotic vegetation (i.e., Brazilian Pepper, Malaleuca and Ausualian Pine) shall be removed prior to C.O.'s for each unit and all exotic on -site vegetation shall be removed to the issuance of the last C.O.. 12. If all of the trees on any particular lot within the PUD is removed along the eastern and southern boundaries for canal bank restoration, the Association shall install or cause to be installed a minimum of two (2) trees (Specifications per Plant List) per adjoining lot shall be planted along these boundaries. 13. Wood timber barricade, with landscaping, shall be erected at both ends of the north/south street where the road dead ends at Lots 26, 27, 33 and 34. The City Engineer shall review and approve the design specifications prior to the issuance of the initial building permit. 14. Prior to the issuance of the first C.O. the Petitioner shall submit, for the City Attorney's review, the Homeowners' Association covenants and restrictions which shall contain provisions which will allow the City to enforce the maintenance of the landscaping pursuant to the City Code. 15. Prior to the issuance of the initial building permit and plat recordation, the Petitioner shall post with the City the aforementioned escrow deposit or a letter of credit in the amount sufficient to provide for the installation of all infrastructure, including the required perimeter landscaping and screening, the entry feature, and common area landscaping, including street trees with the means to irrigate. The amount to be determined by the developer and agreed upon by the City Engineer. 16. All required infiastructures (not including final lift of asphalt) shall be completed no later than June 30, 1997. SECTION 3. Said construction shall be consistent with the following plans on file with the City's Planning and Zoning Department: 1. June 12, 1996 Site Plan by Cotleur Hearing. Sheet 1 of 2. 2. June 12, 1996 Landscape Plan/Entry Landscape Plan/Project Entry Signage/ Entry Gate & Column Plan by Cotleur Hearing. Sheet 2 of 2. 3. February 3, 1996 Northlake Boulevard Elevation Plan by Cotleur Hearing. Sheet 3 of 3. 4. June 20, 1996 Wall Elevation along Northlake Boulevard. Sheet 1. SECTION 4. The City Council hereby approves an extension of time for the completion of this development for a period of 2 years, to expire on June 30, 1998. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS AY OF 1996. PLACED ON SECOND READING THI S / DAY OF , 1996 - PASSED AND ADOPTED THIS IR DAY OF Q� -,ta - , 1996 :;�/-z R-fq'S SO ICE MAYOR LAUREN FURVADO ATTEST: LINDA V. KOSTER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK 0 WIfNCILWOMAN LINDA MON OE APPROVED AS TO LEGAL FORM AND SUFFICIENCY. riOMAS J. 4N ,CI ATTORNEY Ally NAY ABSENT . ORDINANCE 32, 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AMENDMENTS TO THE CONDITIONS 6, 8, 16 AND SECTION 4 OF THE HIDDEN HOLLOW RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO MODIFY THE REQUIREMENT FOR THE PRESERVATION OF NATIVE VEGETATION, TO MODIFY THE TIMING-OF THE INSTALLATION OF THE INFRASTRUCTURE AND TO ALLOW FOR A TIME EXTENSION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the Hidden Hollow Residential Planned Unit Development by Ordinance 16, 1987, as subsequently amended by Ordinance 22, 1989, Ordinance 10, 1990, Resolution 77, 1990, Ordinance 11, 1996, Resolution 184, °> 1996 and Resolution 185, 1996, WHEREAS, the City has received a petition to amend Ordinance 11, 1996, to modify the =T r requirement for preservation of native vegetation, to modify the timing for the installation of the infrastructure, and to allow for a time extension; r WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient; and WHEREAS, the proposed amendment i§ consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves a time extension for two years for the development of the "Hidden Hollow" residential planned unit development. Section 2. Conditions 6, 8, 16 and Section 4 of Ordinance 11, 1996, shall be amended as follows: 6. All applicable impact fees imposed by the City of Palm Beach Gardens and Palm Beach County shall be paid to the City at the time of issuance of thefrrst each building permit. 8. All Florida native vegetation on the site shalt be preserved f,< is u« IVa.; I 'L- • • s Way aicas uu,ui �Gi,�iiu�iivii, uuw,v,uuai ,vt l7MV -11C � wiuu,► iuc rYUa, Huai, uavu a cwii,c to peNci vc icmanung it-ces. per the on -site survey taken on March 27, 1997. 16. All required infrastructure (not including final lift of asphalt) shall be completed no later than June' 0, 1-997 1998. Section 4. The City Council hereby approves an extension of time for the completion of this development for a period of 2 years, to expire on June 30, I998 2000. Section 3. This Resolution shall be effective upon adoption. PLACED ON FIRST READING THIS f 7' �6F 1 , 1997. PLACED ON S O THIS lgkOF C4__ f � , 1997. PASSED P DAY OF 1997. U JO J'9G, MAYOR l _u�_�. (a� VICE MAYOR CAUREN FURTADO ATTEST: LINDA V. KOSIER,CMC,CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK pla„ninT.-tim r Imi-4970S.or A MONROE lI =.,4 11 E J � LIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT A611Q t t , • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 25, 2001 Meeting Date: June 7, 2001 Subject/Agenda Item: Consideration of approval of Ordinance 17, 2001, regulating the placement of all communications facilities within the City's public roads and rights -of -way. Recommendation: Approval of Ordinance 17, 2001 Reviewed by: City Attome Originating Dept: City Attorney Costs: Not Applicable Council Action: [ ] Approved Finance [ ] Approved with conditions Funding Source: [ J Operating [ ] Denied [ ] Continued to: Submitted by: City Attorney Advertised: Date: Paper: [ X] Not Required [ ] Other Attachments: Approved by: City Manager Affected parties: Memo to City Manager Ordinance 17, 2001 [ ] Notified [ X] Not Required 9 0 M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Ronald Ferris, City Manager From: Leonard G. Rubin, City Attorney Subject: Telecommunications Right -of -Way Ordinance (Ordinance 17, 2001) File No: 319.058 Date: May 25, 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 companyto apply for or enter into a license orfranchise agreement. These license or franchise agreements generally provided for a fee to be paid to the municipality and imposed various rules and regulations on the placementand maintenanceof communications facilities within municipal roads and rights -of- way. The City previously adopted Ordinance 7, 2001, which permitted the City to collect a fee from telecommunications providers in the absence of a license or franchise agreement. Ordinance 17, 2001 represents the second step in the implementation of the new legislation. Florida law requires that all telecommunications companies be treated in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the rights -of -way. This ordinance is designed to impose such rules and regulations on all communications providers, with the exception of cable television providers. While the franchise fee collected from cable television providers has been included in the simplified communications services tax, municipalities are still permitted to require individual franchise agreements for cable providers. Ordinance 17, 2001 is based on a model ordinance developed by representatives of the Florida League of Cities, the Florida Association of Counties, and the Florida Telecommunications Industry Association, with a number of minor revisions based on comments from City staff. Once adopted, all new and current providers of communications . Ronald Ferris, City Manager Page 2 May 25, 2001 services utilizing the City's public roads and rights -of -way would be required to comply with all the provisions set forth therein. Should have any questions relative to the foregoing, please do not hesitate to contact me. P: \CP Wi n\H I STORY\010515A\443.343(319.058) • CITY OF PALM BEACH GARDENS ORDINANCE NO. 17, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY; AMENDING CHAPTER 62 OF THE CITY CODE OF ORDINANCES TO CREATE A NEW ARTICLE VII ENTITLED "PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS - OF- WAY;" PROVIDING FOR DEFINITIONS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY; PROVIDING FOR NOTICE OF TRANSFER, SALE OR ASSIGNMENT OF ASSETS IN PUBLIC RIGHTS - OF -WAY; PROVIDING FOR PLACEMENT OR MAINTENANCE OF A COMMUNICATIONS FACILITY IN PUBLIC RIGHTS-OF-WAY; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING FOR APPEALS; PROVIDING FOR INVOLUNTARY TERMINATION OF REGISTRATION; PROVIDING FOR EXISTING COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY; PROVIDING FOR INSURANCE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR CONSTRUCTION BOND; PROVIDING FOR SECURITY FUND; PROVIDING FOR ENFORCEMENT REMEDIES; PROVIDING FOR ABANDONMENT OF A COMMUNICATIONS FACILITY; PROVIDING FOR FORCE MAJEURE; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), was amended to require that municipalities treat telecommunications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights -of -way; and WHEREAS, the rules imposed by a municipality relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights -of -way must be generally applicable to all telecommunications companies and may not require a telecommunications company to apply.fQr sir enter into an individual license, franchise, or other agreement with the municipality as a condition of placing or maintaining telecommunications facilities in its roads or rights -of -way; and WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), was amended to include all communications providers; consequently, as of that date, the rules or regulations imposed by a municipality relating to providers of communications services placing or maintaining communications facilities in its roads or rights -of -way must be generally applicable to all providers of communications services and may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license, franchise, or other agreement with the municipality orcounty as a condition of placing or maintaining communications facilities in its roads or rights -of -way; and WHEREAS, it is the intent- of the City to exercise the City's authority over communications services providers' placement and maintenance.of facilities in the public rights -of -way; and WHEREAS, it is the City's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the public rights -of -way subject to the jurisdiction and control of the City: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' placement and maintenance in the public rights -of -way; and (3) are intended for public uses and must be managed and controlled consistently with that intent; and WHEREAS, it is the intent of the City to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the City that this Ordinance shall not apply to cable service providers. NOW, THEREFORE, BE ITORDAINED BYTHE 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: Chapter 62 of the City Code of Ordinances is hereby amended to add a new Article VII, "Placement of Communications Facilities in Public Rights -of- Way," to read as follows: ARTICLE VII. PLACEMENT OF COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY Sec. 62 -276. Title. This Article shall be known and may be cited as the City of Palm Beach Gardens Communications Rights -of -Way Ordinance. -2- 0 Sec. 62 -277. Intent and purpose. _ . It is the intent of the City to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public Rights -of -Way within the City; adopting and administering reasonable rules and regulations not inconsistelit with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, the City's home -rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights -of -Way by all Communications Services Providers; and minimizing disruption to the Public Rights -of -Way. In regulating its Public Rights -of -Way, the City shall be governed by and shall comply with all applicable Federal and State laws. Sec. 62 -278. Definitions. For purposes of this Article, the following terms, phrases, words and their derivations shall have the meanings given. Words not otherwise defined shall be construed to mean the common and ordinary meaning. Abandonment means the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights -of -Way. City means the City of Palm Beach Gardens, Florida. Communications Services means the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this Ordinance "cable service ", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and cable service providers may be subject to other ordinances of the City. Communications Services Provider means any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights -of- 0 -3- Way. This definition shall also include any Person including a municipality or county that places or maintains a Communications Facility in Public - Rights -of -Way but does not provide Communications Services. Communications Facility or Facility or System means any permanent or temporary plant, equipment and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipment or pathway placed or maintained or to be placed or maintained in the Public Rights -of -Way of the City and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. FCC means the Federal Communications Commission. In Public Rights -of -Way or in the Public Rights -of -Way means in, on, over, under or across the Public Rights -of -Way. Person shall include any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or leqal entity of any kind, successor, assignee, transferee, personal representative, and all other groups or combinations, and shall include the City to the extent the City acts as a Communications Services Provider. Place or maintain or placement or maintenance or placing_ or maintaining means to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights -of -Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only through resale or only through use of a third party's unbundled network elements is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals througgh the airspace of the Public Rights - of -Way does not constitute "placing or maintaining" Facilities in the Public Rights -of -Way. Public Rights -of -Way means a public right -of -way, public utility easement, highway, street, bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may lawfully grant access to pursuant to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights -of -Way" shall not include private property. "Public Rights -of -Way" shall not include any real or personal City property except as described above and shall not include City -4- • buildings, fixtures, poles, conduits, facilities or other structures or improvements, regardless of whether they are situated in the Public Rights - of -Way. Registrant means a Communications Services Provider that has Registered, with the City in accordance with the provisions of this Articlg. Registration or Register means the ,process described in this Article whereby a Communications Services Provider provides certain information to the City. Sec. 62 -279. Registration for placing or maintaining communications facilities in public rights -of -way. (a) A_Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way in the City shall first Register with the City's Building Department in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility, in Public Rights -of -Way. (b) A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights -of -Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights -of -Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights -of -Way of facilities that are not Communications Facilities. Registration does not excuse ,a Communications Services Provider from obtaining_ appropriate access or pole attachment agreements before locating its Facilities on the City's or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinances, codes or, regulations, including this Ordinance. (c) Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights -of -Way in the City shall file a single Registration the City which shall include the following information: (1) Name of the applicant; (2) Name, address and telephone number of the applicant's, primary contact person in connection with the Registration, and, the person to contact in case of an emergency; -5- (3) For Registrations submitted prior to October 1, 2001, the applicant shall state whether it provides local service or toll service or both; (4) Evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance, which acknowledq_ rnent shall not be deemed an agreement; (5) The number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications. Commission, or other Federal or State authority, if any; and (6) For an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, such as the number of the certificate from or filing with the Florida Department of State. (d) The City shall review the information submitted by the applicant. Such review shall be by the Building Official, the City Engineer and the Public Works Director, or their designees. If the applicant submits information in accordance with subsection (c) above, the Registration shall be effective and the City shall notify the applicant of the effectiveness of Registration in writing. If the City determines that the information has not been submitted in accordance with subsection (c) above, the City shall notify the applicant of the non - effectiveness of Registration, and reasons for the non - effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non - effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration underthe provisions of this Section. An.applicant has thirty (30) days after receipt of a notice of non- effectiveness of Registration to appeal the decision as provided in Section 62 -283. (e) A Registrant may cancel a Registration upon written notice to the City stating that it will no longer place or maintain any Communications Facilities in Public Rights -of -Way within the City and will no longer need to obtain permits to perform work in Public Rights -of -Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights -of -Way. (f) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights -of -Way within the City but shall establish for the 9 -6- Registrant a right to apply for a permit. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further _subject to any additional City ordinances, as well as any State or Federal laws that may be enacted. (q) A Registrant shall renew its Registration with the City's Building Department by-April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered yearwhen renewal would be duP or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (c), except, as of October 1, 2001, subsection (c)(3). a Registrant shall provide updated information to the City. If no information in the then - existing Registration has changed, the renewal may state that no information has changed. Failure to renew a Registration may result in the. City restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. (h) An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met Sec. 62 -280. Notice of transfeF, sale or assignment of assets in publin rights -of -way. If a Registrant transfers, sells or assigns its assets located in Public: Riqhts -of -Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City's Building Department within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re- Reoister. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 62 -279 within sixty (60) days of the transfer, sale or assignment. If permit applications are pending in the Registrant's name, the transferee, buyer or assignee shall notify the Building Official that the transferee, buyer or assignee is the new applicant after the requirements of this section are satisfied. 0 -7- Sec. 62 -281. Placement or maintenance of a communications facility in public rights -of -way. (a) A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights =of- -Way. (b) A Registrant shall not commence to place or maintain a Communications Facility in Public Rights -of -Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out -of- service condition of a pre- existing service. Registrant shall provide prompt notice to the City of the placement or maintenance of a Communications Facility in Public Rights -of -Way in the event of an emergency and shall be required to obtain an after - the -fact permit if a permit would have originally been required to perform the work undertaken in Public Riqhts -of -Way in connection with the emergency. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement, relocation or maintenance of a Communications Facility in Public Rights -of -Way. Permits shall apply only to the areas of Public Rights -of -Way specifically identified in the permit. The City may issue a blanket permit to cover certain activities, such as routine maintenance and repair activities, that may otherwise require individual permits. (c) As part of any permit application to place a new or replace an existing Communications Facility in Public Rights -of -Way, the Registrant shall provide the following: (1) The location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Riqhts -of -Way; (2) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods ortechnioues): (3) A maintenance of traffic plan for any disruption of the Public Rights -of -Way, in accordance with the standards promulgated by the Florida Department of Transportation; (4) Information on the ability of the Public Rights -of -Way to accommodate the proposed Facility, if available (such 40 -8- information shall be provided without certification as to correctness, to the extent obtained from other Persons); (5) If appropriate given the, Facility proposed, a certified estimate of the cost of restoration to the Public Riq_ hts -of -Wav_ ,_subject to approval by the City Engineer; (6) The timetable for construction of the project or each phase thereof, and the areas of the City which will be affected; and (7) Such additional information as the City finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application. (d) To the ,extent not otherwise prohibited by State or Federal law, the City shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particulararea of Public Rights - of Way. (e) All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights -of -Way by the public and with the rights and convenience of property owners who adjoin any of the Public Rights -of -Way. The use of trenchless technologv (i.e., directional bore method) for the installation of Facilities in the Public Rights - of -Way as well as joint trenching or the co- location of facilities in existing conduit is strongly encouraged, and should be, employed wherever feasible. The Building Official, Public Works Director and City Fngineer may promulgate reasonable rules and regulations concerning the placement or, maintenance of a Communications Facility in Public Rights -of -Way consistent with this Article and other applicable law. (f) All safety practices required by applicable law or accepted industry practices and standards shall be used during the placement or maintenance of Communications Facilities. (q) After the completion of any placement or maintenance of a Communications Facility in Public Rights -of -Way or each phase thereof, a Registrant shall, at its own expense, restore the Public Rights -of -Way to its original condition before such work. If the Registrant ,fails to make such restoration within thirty (30) day_ s, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City may perform restoration and charge the costs of the restoration against the Reqistrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve M (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that -does not satisfy the requirements of this Article at its own expense. (h) Removal or relocation at the direction of the City of a Registrant's Communications Facility in Public Rights -of -Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. (i) A permit from the City constitutes authorization to undertake only certain activities in Public Rights -of -Way in accordance with this Article, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights -of -Way. (i) A Registrant shall maintain its Communications Facility in Public Rights -of -Way in a manner consistent with accepted industry practice and applicable law. (k) In connection with excavation in the Public Rights -of -Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Chapter 556, Florida Statutes (2000), as it may be amended. (1) Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights -of -Way and shall take all reasonable steps to safeguard work site arees. (m) Upon request of the City, and as notified by the City of the other work, construction, installation or repairs referenced below, a Registrant may be required to coordinate placement or maintenance activities undera permit with any other work, construction, installation or repairs that may be occurring or scheduled to occurwithin a reasonable time frame in the subject Public Rights -of -Way, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Publip Rights -of -Way. (n) A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City or any other Person's facilities lawfully occupying the Public Rights -of -Way of the City. (o) The City makes no warranties or representations reaardina the fitness, suitability, or availability of the City's Public Rights -of -Way for the Registrant's Communications Facilities and any performance of work, costs 0 -10- incurred or services provided by Registrant shall be at Registrant's sole risk. Nothing in this Article shall affect the City's authority to add, vacate or abandon Public Riqhts -of -Way, and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights -of -Way for Communications Facilities. (p) The City shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights -of -Way as it finds necessary to ensure compliance with this Article. (q) A permit application to place a new or replace an existing Communications Facility in Public Rights -of -Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights -of- Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the City, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registrant shall be provided at no cost to the City. (r) The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or groper by the City in Public Rights -of -Way occupied by the Registrant. The City further reserves without limitation the right to alter, chanqe, or cause to be changed, the grading, installation, relocation, or width of the Public Rights -of -Way within the limits of the City and within said limits as same may from time to time be altered. Should the Registrant be required to relocate its Facilities in conjuction with such installation and alteration, Registrant shall be required to pay all costs associated with such relocation. (s) A Registrant shall, on the request of any Person holding a permit issued by the City, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. (t) A wireless facility that is a portion of a Communication Facility, such as an antenna ("Wireless Facility(ies) °), which is attached to a legally maintained vertical structure in the Public Rights -of -Way, such as a light pole or utility pole ("Vertical Structure(s) "), shall be subject to the following criteria: -11- • (1) Such Wireless Facilities may not extend more than twenty (20) feet above the highest point of the Vertical Structure; (2) Such Wireless Facilities that are attached to a Vertical Structure located in Public Rights -of -Way that is fifteen (15) feet or less in width and is located adjacent to real property used as a single family residence shall be flush mounted to the Vertical Structure; (3) Such Wireless Facilities shall not have any type of lighted signal, lights, or illuminations unless required by an applicable federal, state, or local rule, regulation or law; (4) Such Wireless Facilities shall comply with any applicable Federal Communications Commission Emissions Standards; (5) The design, construction, and installation of such Wireless Facilities shall comply with any applicable local building codes; (6) No commercial advertising shall be allowed on such Wireless Facilities; and (7) Any accessory equipment and related housing in the Public Rights -of -Way that are used in conjunction with such a Wireless Facility shall comply with any applicable local rules, regulations, ordinances, or laws governing the placement and design of such equipment. . (u) Vertical structures, such as towers, whose sole purpose is to serve as a mounting device for antennae, are expressly prohibited from being placed in the Public Rights -of -Way. Sec. 62 -282. Suspension of permits. (a) The City may suspend a permit for work in the Public Rights -of- Way for one or more of the following reasons, subject to section 62 -283 of this Article: (1) Violation of permit conditions, including conditions set forth in the permit, this Ordinance or other applicable City ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights -of -Way; (2) Misrepresentation or fraud by Registrant in a Registration or permit application to the City; -12- M Failure to properly renew or ineffectiveness of Registration; or (4) Failure to relocate or remove Facilities as may be lawfully required by the City. (b) The Building Official shall provide notice and an opportunityto cure any violation of -(1) through (4) above, each of which shall be reasonable under the circumstances. Sec. 62 -283. Appeals. Final, written decisions of the Building Official or his or her designee suspending or denying a permit, denying an application for a Registration or denying an application for renewal of a Registration are subject to appeal. An appeal must be filed with the Building Official within thirty (30) days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The Board of Zoning Appeals shall hear the appeal as set forth in Article 11, section 13 of the City's Land Development Regulations. The hearing shall occurwithin forty -five (45) days of the receipt of the appeal, unless waived by the Registrant, and a written decision shall be rendered within twenty (20) days of the hearing. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted. Sec. 62 -284. Involuntary termination of registration. (a) The City may terminate a Registration if: (1) A Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; ( The Registrant's placement or maintenance of a Communications Facility in the Public Rights -of -Way presents an extraordinary danger to_the general public or other users of the Public Rights -of -Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or (3) The Registrant ceases to use all of its Communications Facilities in Public Rights -of -Way and has not complied with Section 62 -291 of this Article. (b) Prior to termination, the Registrant shall be notified by the Building Official with a written notice setting forth all matters pertinent to the proposed termination action, including which of (1) through (3) above is applicable as -13- the reason therefor, and describing the proposed action of the City with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Building Official to accomplish the same. If the plan is rejected, the Building Official shall provide written notice of such rejection to the Registrant and shall make a recommendation to the City Council regarding a decision as to termination of Registration. A decision by a City to terminate a Registration may only be accomplished by an action of the City Council. A Registrant shall be notified by written notice of any decision by the City Council to terminate its Registration. Such written notice shall be sent within seven (7) days after the decision. (c) In the event of termination, the former Registrant shall: (a) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights - of -Way; or (b) provide the City with an acceptable plan for disposition of its Communications Facilities in Public Rights -of -Way. If a Registrant fails to comply with this subsection (c)., which determination of non - compliance is subject to appeal as provided in section, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights -of -Way and restore the Public Rights -of -Way to its original condition before the removal. - (c) In any event, a terminated Registrant shall take such steps as are necQssary to render safe every portion of the Communications Facilities remaining in the Public Rights -of -Way of the City. (d) In the event of termination of a Registration, this Section does not authorize the City to cause the removal of Communications Facilities used to provide another service for which the Registrant or another Person who owns or exercises physical control fiver the Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City, if required Sec. 62 -285. Existing communications facilities in public rights -of -way. A Communications Services Provider with an existing Communications Facility in the Public Rights -of -Way of the City has sixtv (60) days from the Effective Date of this Ordinance to comply with the terms of this Article, including, but not limited to, Registration, or be in violation thereof. -14- 0 Sec. 62 -286. Insurance. (a) A Registrant shall provide, pay for and maintain satisfactory to the City the types of insurance described herein. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and having a rating reasonably acceptable to the City. All liability policigs shall provide that the City is an additional insured as to the activities under this Article. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City annually. Thirty (30) days advance written notice by registered, certified mail or facsimile must be given to the City of any cancellation, intent not to renew or reduction in the, policy coverages. The insurance requirements may be satisfied by evidence of self - insurance or other types of insurance acceptable to the City. (b) The limits of coverage of insurance required shall be not less than the following: (1) Worker's Compensation and Employers Liability Insurance Worker's Compensation - Florida Statutory Requirements Employer's Liability - $100,000 limit each accident Comprehensive General Liability Bodily injury and property damage - $1,000,000 combined single limit each occurrence (3) Automobile Liability Bodily injury and property damage - $1,000,000 combined single limit each accident Sec. 62 -287. Indemnification. (a) A Reqistrant shall, at its sole cost and expense, indemnify. hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the City arising out of the placement or maintenance of its Communications System or Facilities in Public Rights -of -Way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, however, that a Registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the City. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The City -15- • agrees to notify the Registrant, in writing, within a reasonable time of City receiving notice, of any issue it determines may require indemnification. - Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. (b) The indemnification. requirements shall survive and be in effect after the termination or cancellation of a Registration. Sec. 62 -288. Construction bond. (a) Prior to issuing a permit where the work under the permit will require restoration of Public Rights -of -Way, the City may require a construction bond to secure the restoration of the Public Riqhts -of -Way. Notwithstanding the foregoing, a construction bond hereunder may only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 62 -289. (1) Twelve (12) months after the completion of the restoration in Public Rights -of -Way in accordance with the bond, the Registrant may eliminate the bond. However, the City may subsequently require a new bond for any subsequent work in the Public Rights -of -Way. (2) The construction bond shall be issued by a surety having a rating reasonably acceptable to the City; shall be subject to the approval of the Finance Director and City Attorney; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." (b) The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Ordinance, or at law or equity. (c) The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Ordinance, or -16- 0 authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. Sec. 62 -289. Security fund. (a) At or prior to the time a Registrant receives its first permit to plagP or maintain a Communications Facility in Public Rights -of -Way after the effective date of this Ordinance, the Registrant may be required to file with the City, for City approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of equal to $50,000, having as a surety a company qualified to do business in the State of Florida, and acceptable to the Finance Director and City Attorney, which shall be referred to as the "Security Fund." (b) The Security Fund shall be maintained from such time through the earlier of: kD the transfer, sale, assignment or removal of all Communications Facilities in Public Rights -of -Way; or (2) twelve (12) months after the termination or cancellation of any Registration. (c) The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the�provisions of this Ordinance. The Security Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to Section 62 -290 of this Article, there shall be recoverable, jointly and severally from the principal and surety of the Security Fund, any damages or loss suffered by the City as a result, including the full amount of any compensation,, indemnification or cost of removal, relocation or abandonment of any Facilities of the Reqistrant in Public Rights -of -Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. Sec. 62 -290. Enforcement remedies. (a) A Registrant's failure to comply with provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in chapter 2, article IV of the City Code of Ordinances. In addition, violation of this • -17- Ordinance may be punishable as provided in section 162.22, Florida Statutes, as it may be amended. (b) Failure of the City to enforce any requirements of this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcemept remedies. Sec. 62 -291. Abandonment of a communications facility. (a) Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights- of -Vyay, the Registrant shall notify the City within ninety (90) days. (b) The City may direct the Registrant by written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (a) compromises safety at any time forany Public Rights -of -Way userorduring construction or maintenance in Public Rights -of -Way; (b) prevents another Person from locatinq facilities in the area of Public Rights -of -Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (c) creates a maintenance condition that is disruptive to the Public Rights -of -Way's use. In the event of (b), the City may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. (c) In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City, shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the City or another Person at such third party's cost. (d) If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. Sec. 62 -292. Force majeure. In the event a Registrant's performance of or compliance with any of the provisions of this Article is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to -18- • expeditiously cure or correct any such inability to perform or comply. For purposes of this Article, causes or events not within a Reqistrant's control -shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's corttrol, and thus not falling within this Section, shall include, without limitation, Reqistrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers,, employees, contractors or agents. Sec. 42 -91. Reservation of rights and remedies. (a) The City reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. (b) This Article shall be applicable to all Communications Facilities placed in the Public Rights -of -Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities in the Public Rights -of -Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. (c) The adoption of this Ordinance is not intended to affect any rights or defenses of the City or a Communications Service Provider under any existing franchise, license or other agreements with a Communications Services Provider. (d) Nothing in this Ordinance shall affect the remedies the City or the Reqistrant has available under applicable law,., (e) Any Person who uses the Communications Facilities of a Registrant, other than the Reqistrant that owns the Facilities, shall not be entitled to any rights to place or maintain such Facilities in excess of the rights of the Registrant that places or maintains the Facilities. SECTION 3: The provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Palm Beach Gardens, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or any other appropriate word. 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. -19- it 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. PLACED ON FIRST READING THIS 7 DAY OF , 2001. PLACED ON SECOND READING THIS DAY OV , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY KaiM MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT P:\CPWin\ HISTORY\ 010515A \43F.95(319.062)Igr- docl49 0 -20- CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 SUBJECT /AGENDA ITEM Petition PCD -01 -01 — Mirasol PCD Amendment. Public Hearing /Second Reading of Ordinance 18, 2001: A request by Anne Booth of Urban Design Studio, on behalf of Taylor- Woodrow Communities, Inc., for an amendment to the Mirasol Planned Community Development (PCD), to allow for possible reversion of a school site to residential, changing public golf course to private course, including a re- routing of the eastern golf- course, removing nine -holes of golf and the resulting residential pod re- configuration. RECOMMENDATION _ Staff recommends approval of the request, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission I Growth Management: Action: Principal Planner iii Karen M. Craver, I�I�' Costs: $ [ ] Approved Project Total [ ]APP• w/ conditions "� City Attorney ..�r,�' Manager [ ] Denied Al `tr•rts � Edward Tom $ [ ]Rec. approval Finance NA Current FY X a w/ conds. [XI Rec. app. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: 7/18/01 •[ ] Operating • Ordinance 18, 2001 Manag n t -- ,, // __ Directo �,W� Paper: Palm Beach [ x I • Project Narrative I Post Other N/A • Old Master Plan Charles K. Wu, AICP [ ] Not Required • Revised Master Plan • Project Status Approved by: City Manager y g Budget Acct. #: Report Affected parties: [ x] Notified N/A • Correspondence: School District [ ] Not Required Fire Department [ ] None • • City Council Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 Petition PCD -01 -01 REQUEST Anne Booth of Urban Design Studio, agent, is requesting an amendment to a Planned Community Development, on behalf of the owner, Taylor- Woodrow Communities at Mirasol, Ltd. Modifications to the PCD include allowing for the possible reversion of the school site to the developer, the changing the public golf course to a private course, re- routing the eastern golf course, and removing nine holes of golf, and the resulting residential pod re- configurations. There will be no change in number of residential units, commercial square footage, location of major parkways, or location of PCD buffers. Mirasol PCD is located between PGA Boulevard and Hood Road on the west side of the Florida Turnpike (3 &4- 42S -42E, 33&34-41S-42E). BACKGROUND The Mirasol Planned Community Development Overlay District (PCD) was originally approved by Ordinance 8, 2000 on May 18, 2000 for 2,143 dwelling units. The City Council has approved eleven residential pods which includes a total of 862 dwelling units. At this time, no Certificates of Occupancy have been issued within the PCD. LAND USE & ZONING The subject site is zoned Planned Community Development with an underlying zoning of RL -3, and has a future land -use designation of RL. The proposed amendments to the PCD do not affect uses or zoning and are in compliance with the Comprehensive Plan and the Land Development Regulations. CONCURRENCY The PCD amendment proposes no additional square footage or dwelling units; therefore, the amendment is vested for concurrency. The City Engineer has reviewed the proposed amendments and has found that no adverse effects on trip generation is expected. PROJECT DETAILS Buildings No development of additional structures is associated with this petition. Parcel Reconfrquration The applicant is requesting the reconfiguration of several residential parcels as a result of the elimination of nine holes of golf in the vicinity. The reconfiguration allows for a greater 2 City Council Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 Petition PCD -01-01 number of residential lots with direct golf course and lake views. Recreation The applicant is proposing to eliminate nine of the 45 holes of golf originally approved with the PCD Master Plan, and to eliminate the public clubhouse and relocate the training facility. As a result, the applicant will expand the private clubhouse site to include the training facility. Site Access The applicant proposes no changes to the Jog Road /Parkway System within the PCD as part of the proposed amendments; however, the applicant will be amending the spine road configuration to create an additional through road from east to west. Signage The approved master signage program is applicable to the amended Master Plan. Landsca pinq/Bufferinq The proposed amendment shall provide for an additional 30.7 acres of preserve area within the PCD. In addition, the applicant shall enhance the landscaping within the Hood Road right -of -way as part of the approval of the amendment. Phasing The applicant proposes no changes to the phasing schedule. Drainage The proposed amendment shall provide for an additional 5.33 acres of lakes and canals. Changes made to the PCD Master Drainage System have been conceptually approved by the City Engineer and Seacoast Utility Authority, as referenced in the July , 2001 memorandum from the office of LBF &H. South Florida Water Management District approved a revised permit for the PCD amendment on , 2001. Schools The applicant has requested that the proposed school site revert back to the developer, should a contract on the subject school not be let by March 31, 2006. Conditions of Approval The applicant proposes several amendments to the conditions of approval of Ordinance 8, 2001 to update the condition list to reflect the fact that many conditions have been fulfilled. These changes have been incorporated in the adopting ordinance for this petition. 0 3 231 City Council Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 Petition PCD -01 -01 STAFF RECOMMENDATION Staff recommends approval of petition PCD -01 -01 with the following condition of approval: 1. Within 30 days of City Council approval, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of the Hood Road Parkway right -of -way, to be approved by the Growth Management Department. Said landscaping shall be installed concurrent with the approved Hood Road Parkway landscaping (Planning and Zoning). In addition to this condition of approval, staff supports the proposed amendments to Ordinance 8, 2000, which reflect the proposed changes to the PCD Master Plan. The deleted language is vt_ th—gh and additional language is underlined. The applicant has also provided a Project Status Report, which reflects the progress the applicant has made satisfying the original PCD Development Order conditions of approval. The applicant has not proposed deleting the original conditions of approval which have been satisfied. PLANNING AND ZONING COMMISSION At its May 8, 2001 meeting, the Planning and Zoning Commission voted unanimously to recommend approval of this application to the City Council. However, the Planning and Zoning Commission had several concerns, including: (1) Proposed re- dedication of the school site to the developer should the school board not let a contract for the construction of the school by March 31, 2006. This date was selected by the applicant because it was five years from the date of this application submittal. This time frame was considered by the developer to be a reasonable period to allow the school board sufficient time for planning the construction of said school. The Planning and Zoning Commission had a concern about losing publicly dedicated land to a private developer, who would then increase densities within the project. The reversion of publicly dedicated land back to the developer was, in the opinion of the Commission, contrary to the original intent of the Master Plan. Applicant's Response: The applicant has reached an agreement with the School Board to allow for the reversion of the site, back to the applicant should the School Board not include the construction of subject school within their five -year plan by March 31, 2006. Subsequently, the site would revert back to the developer should the school board not let a contract for the construction of the school by March 31, 2008. Should a reversion of the site occur, the applicant would 9 4 City Council Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 Petition PCD -01 -01 propose residential densities equivalent to the trip rates generated by the proposed school. (2) The elimination of the public golf course facility. The Planning and Zoning Commission had serious concerns about the elimination since it was part of the original Mirasol /Golf Digest PCD concept. Staff informed the Commission that the PCD had been amended once since its original approval, and that the public course was not part of any public parks dedication that was required of the developer. The applicant is providing significant public parks and Parkway open space as part of the overall development. Additionally, the applicant shall retain the "Golf Digest" training facility, which was part of the original concept, at the private clubhouse. Applicant's Response The applicant has stated that it is no longer financially feasible to operate a public golf course at this location due to unreasonable greens fees that would have to be charged to build and maintain such a facility. Given the public dedications granted by the developer within the overall Mirasol PCD, including Parkway easements, parks, schools and associated open space, staff takes no adverse issue with the elimination of the public golf course. CITY COUNCIL FIRST READING At its June 21, 2001 meeting, the City Council reviewed this application as a first reading of the proposed ordinance. The City Council had the following concerns. Staffs response to these concerns is shown in italics. (1) What is the school district's ultimate commitment to this site? How can the City ensure that the school is constructed on this site? The School District has indicated that they wish to maintain ownership of the land as long as possible. However, due to annual revisions of demographic analysis, they cannot fully commit that a school will be built in this location, should shifting demographics warrant a more suitable location in the future. The District has indicated that the school is not in their current Five Year Plan, but that the requirement to begin construction on this site by 2008 is adequate for their planning purposes. Please note attached letter from the School District. (2) How will the new internal "through- road" affect wildlife since the proposed location bisects the preserve? What steps shall the applicant take to address this issue? 5 City Council Meeting Date: August 2, 2001 Date Prepared: July 17, 2001 Petition PCD -01 -01 The applicant has reviewed this issue and has responded that providing "critter crossings" in the manner of culverts and fencing would not be aesthetically compatible with the rest of community design within the Mirasol Planned Community Development; however, the applicant has proposed to add speed humps and signage to Mirasol Way, in order to slow traffic moving through the preserve area. (3) What has caused the applicant to request a delay in the opening of the fire station, in terms of number of certificates of occupancy? The applicant has indicated that faster than expected construction of homes, coupled with construction delays associated with the fire station, has generated the request to amend the original language. The applicant has received approval from the Fire Department for the proposed amendment, and the Fire Department has indicated that they can adequately provide service to the area until the 1001h Certificate of Occupancy is issued (Please see attached memorandum). • 6 Last Revised: June 7, 2001 July 17, 2001 June 19, 2001 ORDINANCE 18, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 8, 2000, THE DEVELOPMENT ORDER FOR THE MIRASOL PLANNED COMMUNITY DISTRICT (FORMALLY KNOWN AS GOLF DIGEST PLANNED COMMUNITY DISTRICT), BY ADOPTING AN AMENDED DEVELOPMENT ORDER; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE GOLF AND RESIDENTIAL DEVELOPMENT PARCELS; PROVIDING FOR MODIFIED CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the rezoning of lands located between PGA Boulevard and Hood Road, west of Florida's Turnpike, known as "Golf Digest" to Planned Community District ( "PCD "); and WHEARAS, on May 8, 2000, the City Council adopted Ordinance 8, 2000, which approved an amendment to the Golf Digest PCD; and WHEREAS, the City of Palm Beach Gardens has received an application (Petition PCD- 01 -01) from Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, to amend the development order for the Golf Digest PCD; and WHEREAS, the Growth Management Department (the "Department ") has reviewed said petition and determined that is sufficient; and WHEREAS, the PCD amendment is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1 The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for amendments to the approved Golf Digest Planned Community District. The development order, as amended, is herein restated and modified accordingly: -1- I . The master plan is reconfigured to remove 9 holes of golf ; 2. Conditions 2, 4, 10, 13, 17, 18, 19c, 19d, 26, 28, 33c, and 34 as adopted by Ordinance 8,2000 are modified herein. In addition, two new conditions have been added to the development order and the conditions have been re- numbered accordingly. 3. Exhibits have been modified to depict 1 and 2 above, as necessary. SECTION 2. The following provisigns shall apply in this ordinance: A. For purposes of this ordinance, the term Applicant shall refer to Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership. The Applicant shall be the sole party responsible for the obligations herein, unless such obligations are specifically and expressly assigned by the Applicant, in whole or in part. At such time as the master Property Owner's Association (POA) is duly formed and incorporated, the POA shall be made responsible for those obligations _relating to environmental preservation, landscape maintenance, including buffer, parkway and easement areas, and other related aesthetic improvements as shall be agreed upon in the POA documents. B. Development of this project shall be in conformity with all codes, ordinances, rules and regulations of the City as such may be amended from time to time, including, but not limited to, the City's landscape and natural resources requirements SECTION 3. The following waivers from the City of Palm Beach Gardens Land Development Regulations are hereby granted with this approval: A. PCD Master Plan Submission Requirements 1. Section 114 50(2)~5 23 (f)2f (total land area/open space) 2. Section 115- 50('"a' 5 23 (f)2k (signage locations) 3. Seoticn 110 50(2) . 23 (e) 10 (landscape plan) -2- Subsequent site plan review and approval shall be required for: 1) the location and amount of open space included in each residential and nonresidential area; 2) signage locations; 3) detailed landscape plans in compliance with Chapter 98 for buffers, entrance features and common areas; 4) elevation of landscaping/screening around pump stations; 5) cross - section/landscape plan for road to. the Seacoast Utility Authority plant; 6) details on the areas between parcels; and 7) details for common areas or other sites not defined within a parcel (sales center, gatehouse, entrance features). B. Subdivision Design Standards 1. Section !M 213 256 (sidewalks) to allow sidewalks on one side only of streets. Sidewalks shall be installed consistent with the Sidewalk Location Plan. C. Zoning Supplementary Regulations I . Sections ? . 8 278 75 and 87 (height limitations) to allow a maximum potential height of 65' for the office use from the code limitation of 36; 45' for the commercial use from the code limitation of 36'; and 50' for residential high (RH) pods from the code limitation of 45'. SECTION 4. Said Planned Community District is approved subject to the following conditions which are the obligation of the applicant and its successors and/or assigns (the conditions listed in this Section supercede and replace the conditions listed in Section 4 of Ordinance 8,2000): Project Plans and Uses 1. The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 65' from average elevation at the base of the building to the top of the parapet. 2. Prior to the issuance of the first residential building permit, uses at the 12 -acre commercial parcel will be prohibited. -3- developmeA Hof commercial retail The commercial) retail use • shall be those uses identified under the CG -1 - General Commercial District in effect at the time of the adoption of this crdi nancc Ordinance 8, 2000. 3. Lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community- serving open space. 4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100- footcross- section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and re -sales of homes within the Golf Digest Mirasol project. - The Sales Center site may subsequently be used by the Mirasol HOA's or by the Golf Club for office or recreational use, or may be sold for low density residential use. 5. Permitted uses within the `community, facility' parcel include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to a total of 10,000 s.f. and 793 total daily trips. 6. Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. Parcel accesses onto Palm Beach County roadways must also be approved by the County. 7. Public road cross - sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. -4- 8. At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designed for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. Environmental Preservation and Landscaping 9. The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards that may be established by the City Forester. 10. All preserve areas, native vegetation and trees to be preserved shall be identified with protective fencing during construction. The Department shall conduct a site visit prior to commencement of land alteration or.clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)e and the approved Preservation/Relocation Plan are protected. 11. Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. 12. Lighting consistent with a future city - selected design for parkways, if and when necessary according to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent with pathway /sidewalk installation. Lighting plans shall be submitted -5- • • review concurrent with the submittal of beautification/landscape plans as outlined in conditions 13 and 14. 13. Within nine (9) me ninety (90) days of the effective date of *h:^ ==.&A A a ° -,-I -- ' ewer- ompletion of the construction plans for the widening of PGA Boulevard as required by Condition number 34 or no later than January 31, 2004, the applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements ..1 ,ch nl, .11 1 . ♦o +1.. *l,o t:,Y. .F *L.. .1.. on S nn :!-.0'1 *1 . Crm ..o on . rca Dl:wsin s °1a:.. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 14. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. Further, landscaping/beautification plans for the North -South Parkway, from the north side of the rotary, north of PGA Boulevard, to a line parallel with the southern boundary of Parcel D, shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. ME 15. Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to issuance of a permit to construct said road or phase thereof. 16. Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways/roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. 17. Within nine 9 months of the effective date of this :. ended devc1lopment ordfr Ordinance 8, 2000, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the PCD Buffer landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. 18. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the westefa-gated residential aiea (excluding the Mirabella community). 19. Landscape buffers, in addition to the minimum 40' Parkway buffer /easements, shall be provided within development parcels, outside the Parkways, so that the following minimums are achieved: a. There shall be a minimum 15' landscape buffer along 50% of the commercial parcels frontage of the North -South Parkway. -7- • b. There shall be a minimum 15' landscape buffer along the non -water frontage of Parcels 26 (A), 27 (B) and 29 (D) where they abut the North -South Parkway. c. Landscape buffers within development parcels shall be a component of the plan details required by Condition 14. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first, except for the commercial parcels which shall be installed with the development of the commercial parcel. During each parcel's site plan review, additional screening, if necessary, will be added to the 15' landscape buffer. d. The 15' landscape buffer maintenance shall be :: a-: ,11 inc-d the responsibility of the same entity responsible for the parkway landscaping maintenance. 20. All internal buffer details shall be submitted and approved by the Department concurrently with the associated parcel or common area site plan. 21. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. 22. Within twelve (12) months of the effective date of this amended development order, the applicant shall submit a project signage program for City Council approval. 23. All utilities shall be placed underground and within public road rights -of -way, unless specifically approved by the Department. -8- 24. Native vegetation within the road rights -of -way shall be protected, where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas where existing vegetation can be preserved within the road rights -of -way. 25. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall secure all necessary permits and approvals from the City and all other applicable agencies provide at least 48 hours written notice to the goveming boards of the Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property Owners Association. 0 26. Within thirty (30) days of the effective date of this amended development order, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of the Hood Road Parkway right -of -way, to be approved by the Growth Management Department. Said landscaping shall be installed concurrent with the approved Hood Road Parkway landscaping (Planning and Zoning). Dedications / Improvements 27. The applicant and /or its successors or assigns shall be responsible to construct a 9100 s.f . fire/police station pursuant to City design requirements on the parcel illustrated on the master plan. Upon completion and issuance of certificate of occupancy, the station shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of -9- the first 100th certificate of occupancy for the project (excluding the sales center, and golf maintenance shed), and/or opening of a golf course, whichever occurs first. 28. The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan), subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500`h residential certificate of occupancy. The park improvements, which may be modified by the City Manager, shall include the following: O a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting O 2 lighted multi -use (100 yard x 70 yard) fields O 1 lighted softball field O 6 fenced/lighted regulation sand volleyball courts O 1 1,600 s.f. play structure with safety surface O 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion O 4 basketball courts O a lighting system adequate to illuminate the four (4) basketball courts O parking lot (lighted) constructed in accordance with city requirements O landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon approval of the Park design, the applicant shall provide a detailed estimate of all costs related to the construction of the Park. Upon dedication of the 15- acre park, the cost of the park improvements and land shall be credited against _10- recreation impact fees due for the project. Construction costs shall be determined by the submission and approval of detailed cost estimates to the Director of Parks and Recreation. In no event shall the credit received be more than 115% of the approved detailed cost estimates plus the agreed upon fair market value of the land. The agreed upon fair market land value has been determined to be $720,000. Park lighting design and specifications shall be approved by the City, FPL- leased lights shall not be permitted. Parkway improvements and lighting installation shall be the responsibility of the applicant. C. Upon issuance of this amended development order, the applicant is entitled to issuance of up to 499 residential certificates of occupancy without a park and recreation impact fee payment. After the 499`h certificate of occupancy has been issued, no residential building permits shall be issued until the park improvements are complete and the park land has been dedicated to the City. isd. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000`h residential certificate of occupancy and shall be paid to the City in a total lump sum, however, in no event shall the aggregate amount of the park land, park improvement costs and lump sum payment exceed the $2,867,400 impact fee due. 29. The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by Decem -bcr 3:,20-00- within sixty (60) days of the effective date of this amended Development Order. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance: a. Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. b. All ad valorem real estate taxes and assessments for the year of closing shall be pro -rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. C. School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. d. The applicant shall provide .perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e. The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's review and completed prior to the opening of the first school. f. The site shall be a devglopable site free of environmental constraints. g. Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to build able grade under the School Districts Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. -12- ' • • • j. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by Novc—mb-cr :5, 2001 within thirty (30) days of the effective date of this amended Development Order. If by March 31, 2006, the School Board has not committed to construction of a school as part of the "Five Year Plan ", the school site shall be deeded back to the applicant within ninety (90) days. If by March 31, 2006, construction of a school has been included in the "Five Year Plan ", a contract must be let and notice to proceed issued for construction of at least one school by March 31, 2008 or the school site shall be deeded back to the applicant within ninety (90) days. Use of the school site by the applicant will be for residential use at a density subject to the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a residential equivalent. 30. The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate AIA to a 6 -lane roadway from Hood Road to PGA Boulevard. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate C. AIA. With regard to Hood Road and Alternate AIA intersection improvements: -13- 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AlA. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted to and approved by the City. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn lanes. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signage, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. .4. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. 31. The following shall be the required lane geometry and signalization at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Project Entrance: Northbound 1 Through Lane -14- I Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes 1 Left Turn Lane Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane c. PGA Boulevard and West Project Entrance: Traffic signal if warranted on or before the specified build -out date contained in the traffic impact analysis prepared by Kimley -Horn and included as Exhibit number 13. Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane Further, subject to DOT approval, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/western project entrance. -15- 32. The 200 -foot rotary section geometry, striping and signage shall be approved by the City 9 Engineer during construction plan review. 33. No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. 34. a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by 0 Kimley Horn, referenced as exhibit 13 in Section 4 of this ordinance, whichever occurs • first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips, whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County that will cause to be placed in an escrow account road impact fee monies which are due at the time of obtaining building permits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. -16- b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. C. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant mmy reque-st that the o„is*i^^ - .0 -c-ty .+U *1-° 0"*" be rcic sed cfie: replace n e nt has provided and shall maintain surety is provide d to Palm Beach County which is in a form acceptable to the City and which eppm-Nimetely retains the City's interest in said surety and which shal! be is in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement until construction is complete. The amount of the surety may be reduced as work is completed as provided for in the surety documents. 35. The applicant shall dedicate the Jog Road right -of -way by October 31, 2000 or upon recordation of the first residential . plat, whichever occurs first. Jog Road Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor and assigns. 36. During the course of development, all property within the PCD shall be platted. Surface Water Management 37. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City's plans, specifications, and supporting computations for 0 review and approval by the City. -17- 38. Any proposed changes to the South Florida Water Management District Conceptual Surface 0 Water Management permit shall be concurrently submitted to the City for review and City approval. 39. The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District. 0 40. The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES _ permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. 41. The applicant shall diligently process its application to SFWMD (SFWMD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C- 18 Canal/Loxahatchee Slough into the project lakes. This application shall be consistent with (1) the water use permit issued to SUA to increase the allocation for the Hood Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF and (2) the augmentation of groundwater /wellfield recharge. -18- 0 42. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If, at any time during project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and in a manner acceptable to the City. 43. Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lesser amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- 18/Loxahatchee Slough (the "Water Use Permit ") to the project and facilities are constructed and operational to transfer said water into the water management system consistent with the ERP, the existing east/west canal or an approved equivalent alternate gravity conveyapce acceptable to SFWMD and the City (the "Gravity System "), shall remain in service as a recharge facility to SUA's Hood Road wellfield. 44. Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. 45. All areas designated for maintenance of the surface water management system shall be no less than 20, wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical), or as may be otherwise required by the Northern Palm Beach County Improvement District. No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose. -19- 46. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing the surface water management system included in the South Florida Water Management District Conceptual Environmental Resource permit for this project. 47. Prior to issuance of building permits for construction of residential homes, golf club facilities and/or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District ( NPBCID), and SFWMD. 48. No construction/land alteration shall occur until a environmental resource permit for construction and operation of the water management system, or portions thereof are issued by SFWMD and approved by the City. 49. If necessary and beneficial, as determined by the City Engineer, the Applicant and/or NPBCID shall implement the "Isolated Lake Plan" contained in the conceptual ERP and sho -20- attached exhibit entitled 1999 Conceptual Water Management Plan Revision #9 and dated 3- 27 -00 when directed by the City Engineer. 50. The water management system shall be designed to accommodate and accept a minimum of 8.1 cfs of discharge from the Turnpike drainage system into the Golf Digest project until such time as an alternative discharge route is available outside the project (to be provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 42. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed 15.0' NGVD or as otherwise set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The structure will be operated by D NPBCID. If necessary, as determined by the City Engineer, a pump shall be installed by the applicant and/or NPBCID to accept the Turnpike discharge. 0 51. The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. Water surface elevations determined from the dynamic model analysis shall prevail and supersede those contained in the SFWMD conceptual Environmental Resource Permit. A building permit for a permanent sales center may be issued when the results of the dynamic model are accepted by the City. Water and Sewer 52. The existing 10" SUA PVC reclaimed water main, located in the PGA Blvd. Right -of -way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of -21- • the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. 53. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), applicant shall provide documents satisfactory to the City and Seacoast Utility Authority (SUA) that modifies Condition number 30 in the conceptual South Florida Water Management District (SFWMD) permit and Condition 49 in the COE Permit such that it clearly allows SUA the right to access, operate, maintain and repair the utility lines in the area known as Nursery Lane without having to obtain any additional permits to work in and/or disturb designated preservation areas; reference Application drawing number 41- 2 -32 -21 as prepared by Mock -Roos and dated September, 1999. 54. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall conclude arrangements mutually satisfactory to the developer, SUA and the City that provide an easement or right -of -way for the construction and operation and access for maintenance and repair of a transmission main from the Northwest corner of the SUA WWTP site to Hood Road. 55. NPBCID Plan of Improvement for this project shall include all elements of the master surface water management system including but not limited to the mitigation plan, isolated lake plan and turnpike pumping station. Said plan of improvements meeting this requirement and adopted by NPBCID shall be supplied to the City prior to issuing the I" buildin -22- excluding infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, and entry features. (landscape, project identification walls and the like) 56. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall: (1) modify the conceptual ERP to include acceptance of drainage from the SUA WWTP site including wet weather discharge from the percolation ponds and (2) provide assurance acceptable to the City that the existing conditions of drainage for the `Bonnett Property" and Hood Road are not negatively impacted by the development of the project. 57. Upon receipt of all necessary approvals (the cost of which shall be born by the applicant as a "cost to cure ") and prior to acceptance of the surface water management system, or any portion thereof, by NPBCID and the City, the, applicant shall construct a water control structure for the SUA WWTP and fill the SUA WWTP site to a minimum elevation of 17.5 NGVD or as otherwise determined from the dynamic model and (2) relocate the existing SUA WWTP perimeter landscaping or implement an alternative landscape plan acceptable to the City. 58. The access road to SUA treatment plant site shall be designed to local road specifications with a minimum crown of road to be at a level of flood protection consistent with a 25 year, one day storm. 59. The applicant and/or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the cap -23- install separate transmitters to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID. 60. Prior to the City's acceptance of the dynamic model of the surface water management system, the drainage areas (1) stated in the SFWMD conceptual environmental resource permit, (2) as shown on the 1999 Conceptual Water Management Plan, Revision #9 and dated 3- 28 -00, and (3) included in the Conceptual Water Management Calculations must be reconciled to the satisfaction of the SFWMD and the City. 61. As a requirement, a sum total of area(s) constituting no less than 15% nor more than 25% of the 0 total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. Public Safety' 62. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. 63. Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels. -24- 64. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. Disclosure 65. Pursuant to School Board requirements, a sign shall be posted in all sales offices /model homes which provides notice of annual school boundary assignments for students of this project. This 11 "x 17" notice shall be provided by the School Board. 66. A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. 67. A disclosure shall be included in sales and marketing materials and property owner's association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. 68. Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents and initial sales documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential -25- • odors that may be emitted therefrom. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. 69. A prominent statement acceptable to the City shall be recorded into the public records of Palm Beach County and contained in all property owners association documents and sales documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these water bodies is to fulfill surface water management, not aesthetics. The disclosure document shall be recorded and approved by resolution of the City Council prior to first residential sale and subsequently recorded in the public records. Performance Standards 70. The golf course(s) shall be designed and constructed by a nationally - recognized golf entity for the first five (5) years of operation, .and maintained at the direction of a head golf professional who shall be a class "A" member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region. The golf management services /administration personnel shall include professional turf consultants, entomologists, plant biologists and such other professional specialists required to care and maintain the course(s). 71. Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. -26- • Buildout 72. Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. Monitoring 73. An annual report shall be submitted to the Growth Management Department by February Fourteenth of each year, until the project has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order. SECTION 5. Construction of the Planned Community District shall be in compliance with the following plans on file with the City's Growth Management Department: 1. June 7, 2001 Master Plan, Urban Design Studio, 1 Sheet. 2. June 7, 2001 Common Area Phasing Plan, Urban Design Studio, 1 Sheet 3. June 7, 2001 Development Phasing Plan, Urban Design Studio, 1 Sheet 4. January 21, 1997 Hood Road Perimeter Buffer, Urban Design Studio, 1 Sheet 5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet -27- 6. April 11, 2000 North -South Parkway System, Urban Design Studio, 1 Sheet 7. October 13, 1999 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet 8. November 15, 1999 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet 9. April 6, 2001 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet 10. (A) October 13, 1999 Roadway / Buffer S ections -- Section A -Al', A -A2' & B -B', Urban Design Studio, 1 Sheet (B) October 13, 1999 Roadway / Buffer Sections -- Section C -C' & D -D', Urban Design Studio, 1 Sheet (C) October 13, 1999 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet (D) November 15, 1999 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet 10 (E) September 24, 1998 Roadway/Buffer Section - East -West & North -South Parkway 4 Lane Ultimate ROW, Urban Design Studio, 1 Sheet 11. September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet 12. June 7, 2001 Sidewalk Location Map, Urban Design Studio, 1 Sheet 13. July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 `growth rates revision' letter to Dan Weisberg from Joseph Pollock„ Jr. Traffic Impact Analysis - Golf Digest - Palm Beach Gardens, Kimley -Horn and Associates', Inc., 46 Pages. 14. July 12, 1999 Typical Residential Buffer Plan (40' Parkway & 15' Buffer), Urban Design Studio, 1 Sheets. 15. July 12, 1999 Typical Residential Buffer Section (40' Parkway & 15' Buffer), Urban Design Studio, 1 Sheets. 16. October 13, 1999 Typical Parkway 4 lane Ultimate R -O -W Section, Urban Design Studio, 1 Sheet. 17. September, 1999 Typical Maintenance Pathway Section, Mark Roos and Associates, Sheet of -28- 18. March 1996 AERIAL, 1 Sheet 19. March 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, Mock.Roos, Engineers. Surveyors. Planners, 2 Sheets 21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Map, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet 22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm Beach County Market Study, WCI Communities, 40 Pages 23. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map C Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 24. April 30, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, JR., PE, 14 Pages 25. March 28, 1995 South Florida Water Management District Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 26. December 20, 1996 Interim Report Water Level Monitoring Results, DunkelbergerEngineering & Testing, Inc., 5 Pages 27. November 1, 1996 Eastern Retained Property Relative Wetland Quality Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 28. November 12, 1996 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet -29- 29. January 8, 1997 Loxahatchee Slouwh, Higgins Engineering, Inc., 26 Pages 30. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland Impact Analysis By FLUCFCS, 4 Pages 31. March 18, 1997 received by City of P.B.G., Eastern Retained Property Project Wetland (WL) And Other Surface Water (SW) Summary, 8 Pages 32. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 33. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough, 5 Pages 34. March 16, 1995 U.S. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Erwin Consulting 9 Ecologist, Inc., 11 Sheets 35. November 11, 1996 Mitigation Areas Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 36. November 12, 1996 Eastern Retained Property Site And Preservation Plan, Kevin L. Erwin Consulting'Ecologist, Inc., 1 Sheet 37. June 22, 1999 PGA Boulevard Roadway Sections, Urban Design Studio, 1 Sheet. 38. August 2, 1999 Typical Parkway Buffer, Water Management Tract Adjacent to Preserve or Golf Course and Commercial Parcels, Krent Wieland Design, Inc., 1 Sheet. 39. August 2, 1999 Typical Parkway Buffer, Water Management Tract adjacent to Residential Parcel, Krent Wieland Design, Inc., 1 Sheet. 40. October 28, 1999 Parkway Buffer, Water Management Tract Adjacent to Turnpike (4 sheets), Krent Wieland Design, Inc., 1 Sheet 41. Golf Digest 1999 Conceptual Water Management Plan and Details (3 sheets), Higgins Engineering, Inc, Sheet 1 dated March 27, 2000, Sheet 2 dated February 9, 2000, Sheet 3 dated April 12, -30- �, 42. April 11, 2000 SFWMD Staff Report, 39 pages, 25 exhibits 43. April 13, 2000 SFWMD Staff Report Addendum, 2 pages, 2 exhibits 44. May 3, 2000 Army Corps of Engineer Permit, Cover Sheet 45. April 20, 2000 South Florida Water Management District Permit, Cover Sheet 46. May 17, 2000 Northern Palm Beach County Improvement District Permit, Cover Sheet 47. July, 1999 Littoral Zone Plantings Master Plan, Mock Roos, 1 Sheet SECTION 6. The final approval of any on -site and/or off -site plans for improvements shall require the applicant to deposit with the City Manager surety in the amount prescribed by the City, in accordance with industry standards for the purposes of assuring the completion of all improvements including on -site roadways, drainage, utility improvements, common area landscaping/buffer and entry features. The required documentation thereof shall be in requisite form and approved by the City Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or deposit is filed with and approved by the City Manager in accordance with industry standards. The amount of the surety shall be in an amount to be determined by the City Engineer and City Forester to be sufficient tb assure completion of the required improvements. From time to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the surety by a proportionate amount. SECTION 7. If any part or portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. SECTION 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS _ DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 2001: -31- • PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO • COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, CMC CITY CLERK • -32- zss 0 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FURTADO COUNCILMAN SABATELLO • • AYE NAY -33- ABSENT PROJECT NARRATIVE Mirasol - Golf Digest PCD Amendment February 9, 2001 Location/History The Golf Digest PCD is a 2,304.79 acre residential and golf course community located to the north of PGA National. The site is bounded on the east by the Florida Turnpike, on the south by PGA Boulevard, on the north by Hood Road and the Eastpointe and Old Marsh communities and on the west by the Loxahatchee Slough. There are three out - parcels within or adjacent to the project including a 24 acre site on PGA Boulevard designated commercial on the Future Land Use Plan, the Bonnet Hunt Club on Hood Road, and the Seacoast Utility Authority waste water treatment facility located within the interior of the project. The project was approved by the City Council in October 1998 by Ordinance 21,1998 and subsequently amended in May of 2000 by Ordinance 8,2000. This application is a request to amend the approved PCD to allow modifications to the Master Plan and the related plans and conditions. Proposed Modifications The major components of the approved Master Plan have remained the same. The total number of units, the location and alignment of Jog Road, the location of the southwestern and northeastern residential communities, the commercial parcel, community facility site, the school and park sites, and the fire station are all unchanged. The overall community continues to incorporate a mixture of uses, including the Golf Digest National Teaching Academy and two world class golf courses. The proposed buffers and parkways have remained as originally approved, however, the applicant has agreed to advance the timing of the installation of many of the Common Area improvements. Y The proposed amendments to the Master Plan include several improvements to the overall Master Plan design which the developer believes will create an extremely attractive and marketable project. The primary modification to the plan includes changing the public golf course to a private course, the re- routing of the eastern golf course, and the removal of 9 holes of golf. These modifications are due to several factors. In the last couple of years the market for public golf has steadily declined. The applicant has evaluated the feasibility of the public course and determined that it is not economically viable tp offer public golf at this time. In addition, as the construction of the water management system progressed, it has been determined that the soils conditions on site are not suitable to maintain the lake slopes as originally designed. As a result, the volume of fill that is available from the site has been reduced. Again, it is not economically feasible for the applicant to bring fill from off -site to build the golf courses. By keeping earth moving operations confined on -site, the applicant has reduced the construction impacts to the surrounding neighbors. Several benefits have been realized as a result of the proposed changes. First, an ad ' acres of upland preserve have been identified, an additional 5 acres of lake are be ovide a City of P.B. Garden1s LCC35 FEB 9 2001 l;Rt,w1N is better mixture of housing products can be provided to generate the total yield of the PCD, the private southwest community can be connected to the central community to provide an alternate access point for public safety and emergency services, and the value of the homes in the central community have increased in value which will increase the tax base of the city. The area where the golf holes have been removed has been re- designed to incorporate a, combination of preserve area, lakes and residential land area. The new residential parcels have been designed to allow the lots to front on either water, golf or preserve area open space as an amenity. With the addition and re- configuration of the residential parcels, all parcels have been re- numbered to provide for a consistent numbering system. Traffic With the removal of 9 holes of golf, and the privatization of the golf course, the external traffic impacts from the site have been reduced. Included in this application is a traffic statement which makes a comparison of the approved plan to the proposed plan. The analysis determines that no new impacts are created as a result of the modifications to the Master Plan. Compliance/Land Use The residential component of the amended Master Plan will include same number of dwelling units (2145) of which 1634 are anticipated to be single family and 511 are anticipated to be multi - family units. The gross density will be .93 du's /ac as previously approved. The proposed modifications are consistent with the RL- Residential Low Future Land Use Plan designation of the PCD. Phasing The phasing of development is anticipated-to generally follow a similar pattern of two phases as was previously approved although development is intended to occur throughout the entire project from the start. The initial site plan applications for Parcels 1, 2, 3, 4, 5, A, B, C, D, E, F, G, H, and I represent the bulk of the first phase of development. The applicant is currently in the process of preparing plans for the first parcel within the second phase. Conditions The developer is requesting that several conditions of approval be amended, primarily as a "clean up" of the conditions that have been satisfied. There are also proposed modifications to conditions which are a result of changes or clarifications that have occurred during the first phase of construction. Attached to this application is a copy of an amended Ordinance which identifies the proposed modifications. Drainage The modifications to the master plan, while they will require review and approval by the SFWMD, are not anticipated to create any concerns with regard to the modifications to the Surface Water Management System. The developer will be submitting a request to the SFWMD for an amended permit concurrently with the review by the City of the master plan modifications. LCC35 The water management system will function the same way as previously approved. Waiver The applicant would like to request clarification for the waiver that was previously granted to allow sidewalks on only one side of the street. It was the applicant desire that this waiver apply to all of the residential parcels within the PCD. Amended language has been included in the attached Ordinance for review and discussion. • 0 LCC35 '��ti�! Il1IIrn ■ua�ull IIII �, I ����I •t pp :fhll fop tlbll .�y� n I�iiie�r ',IIIl111f I,�l'7►',�! O i I �;1 iii -'�4j� r/� . ► 1�: 41 • ml E. 271: 0 17, S �j� � iiii �i3gyn��d��?� RZ Yokil 1111 z a 555 "!! a R i� R ;'' di ��%Qai i S a ktp¢I �Y YYYYYY Y YYY Is �! { I ji'� 885 � ��� � S� �� !1 fi R 9� � �� Y q • ~ ~ �A�� � ! Iii, � . m -- s� �to � I �6 33I t 11' t I t. 11f i a 1i€ •v !! Ji t ���! y ill ; ! !it �i Ikf Itt i® a 0 • CONDITIONS STATUS As of 6/05/01 CONDITION #1 The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 65' from average elevation at the base of the building to the top of the parapet. STATUS: ONGOING CONDITION #2 Prior to the issuance of the first residential building permit, development of commercial retail uses at the 12 -acre commercial parcel will be prohibited. The commercial retail uses allowed shall be those uses identified under the CG -1 - General Commercial District in effect at the time of the adoption of Ordinance 8,2000. -- STATUS: ONGOING CONDITION #3 Lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community- serving open space. STATUS: ONGOING CONDITION #4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100 -foot cross - section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and re -sales of homes within the Mirasol project. Use of the Sales Center site may subsequently be used by the Mirasol HOA's or Golf Club for office use, or recreational use, or may be sold for low density residential use. STATUS: ONGOING - Site plan for sales center /gatehouse approved 7/20/2000. Site plans for Golf Club Drive 100 cross section /Gatehouse approved 7/20/2000. CONDITION #5 Permitted uses within the `community facility' parcel include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to a total of 10,000 s. f. and 793 total daily trips. STATUS: ONGOING CONDITION #6 Parcel access illustrated on the master plan are conceptual in nature and "shall be subject to site plan review and modification for geometry, operational and safety design details. Parcel accesses onto Palm Beach County roadways must also be approved by the County. STATUS: ONGOING CONDITION #7 Public road cross - sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. • • • STATUS: COMPLETE, Plat One (Jog Road) approved by Resolution 115,2000, CONDITION #8 At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designed for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. STATUS: COMPLETE - Developer has contracted for 1.3 mgd of reclaim water per agreement with Seacoast Utility Authority dated 1/18/1999. Environmental Preservation and Landscaping CONDITION #9 The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards that may be established by the City Forester. STATUS: ONGOING CONDITION #10 All preserve areas, native vegetation and trees to be preserved shall be identified with protective fencing during construction. The Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)e and the approved Preservation/Relocation Plan are protected. 17j 0 • STATUS: ONGOING CONDITION #11 Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. STATUS: COMPLETE - Memo dated 10/3/00 signed by Mark Hendrickson on 10/16/00 CONDITION #12. Lighting consistent with a future city - selected design for parkways, if and when necessary according to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent with pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 13 and 14. STATUS: ONGOING - Lighting Plans submitted as part of Jog Road Construction and Parkway Landscape Plans approved by Resolution 29,2001. CONDITION #13. Within ninety (90) days of the completion of the construction plans for the widening of PGA Boulevard as required by Condition number 33 or no later than January 31, 2004 the applicant shall submit a PGA Boulevard right -of -way • • beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. STATUS: ONGOING CONDITION #14. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. Further, landscapingibeautification plans for the North -South Parkway, from the north side of the rotary, north of PGA Boulevard, to a line parallel with the southern boundary of Parcel D, shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. STATUS: COMPLETED - Approved by Resolution 29, 2001. CONDITION # 15 construct said road or phase thereof. STATUS: ONGOING CONDITION # 16 Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. STATUS: ONGOING - 0 course approved, second course plans being prepared for approval pending approval of amended Master Plan. CONDITION # 17 Within nine (9) months of the effective date of Ordinance 8,2000 the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the PCD Buffer landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. STATUS: COMPLETED - Approved by Resolution 29,2001 CONDITION #18 • 278 Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to issuance of a permit to construct said road or phase thereof. STATUS: ONGOING CONDITION # 16 Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. STATUS: ONGOING - 0 course approved, second course plans being prepared for approval pending approval of amended Master Plan. CONDITION # 17 Within nine (9) months of the effective date of Ordinance 8,2000 the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the PCD Buffer landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. STATUS: COMPLETED - Approved by Resolution 29,2001 CONDITION #18 • 278 There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the gated residential area (excluding the Mirabella community).. STATUS: - ONGOING CONDITION #19 Landscape buffer, in addition to the minimum 40' Parkway buffer /easements, shall be provided within development parcels, outside the Parkways, so that the following minimums are achieved: a. There shall be a minimum 15' landscape buffer along 50% of the commercial parcels frontage of the North/South parkway. STATUS: ONGOING b. There shall be a minimum 15' landscape buffer along the non -water frontage of Parcels A, B and D where they abut the North/South parkway. STATUS: Plans approved by Resolution 29,2000 C. Landscape buffers within development parcels shall be a component of the plan details required by Condition 14. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first except for the commercial parcels which shall be installed with the development of the commercial parcel. During each parcel's site plan review, additional screening, if necessary, will be added to the 15' landscape buffer. STATUS: ONGOING d. The 15' landscape buffer maintenance shall be the responsibility of the same entity responsible for the parkway landscaping maintenance. STATUS: ONGOING CONDITION #20 All internal buffer details shall be submitted and approved by the Department concurrently with the associated parcel or common area site plan. STATUS: ONGOING CONDITION #21 Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. STATUS: ONGOING CONDITION #22 Within twelve (12) months of the effective date of this amended development order, the applicant shall submit a project signage program for City Council approval. STATUS: COMPLETED - Approved by Resolution 56,2001 CONDITION #23 All utilities shall be placed underground and within public road rights -of -way, unless specifically approved by the Department. STATUS: ONGOING -- CONDITION #24 • 0 Native vegetation within the road rights -of -way shall be protected, where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas where existing vegetation can be preserved within the road rights -of -way. STATUS: ONGOING CONDITION #25 Prior to burning of vegetative debris, the applicant and successors and/or assigns shall secure all necessary permits and approvals from the City and all other applicable agencies provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners 0 Association and PGA National Property Owners Association. STATUS: ONGOING CONDITION #26 Within 90 days of City Council approval, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of Hood Road Parkway right -of -way. _. STATUS: ONGOING Dedications / Improvements CONDITION #27 The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel 9 illustrated on the master plan. Upon completion and issuance of certificate of • occupancy, the station shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the 100th certificate of occupancy for the project, (excluding the sales center, and golf maintenance shed), ' and/or opening of a golf course, whichever occurs first. STATUS: ONGOING - Fire Station approved by Resolution 92,2000, currently under construction. CONDITION 1128 The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan), subject to City • design standards, and shall dedicate said improved park to the City prior to issuance of the 500th residential certificate of occupancy. The park improvements, which may be modified by the City Manager, shall include the following: O a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting O 2 lighted multi -use (100 yard x 70 yard) fields O 1 lighted softball field O 6 fenced/lighted regulation sand volleyball courts O 1 1,600 s.f. play structure with safety surface O 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion 0 O 4 basketball courts O _ a lighting system adequate to illuminate the four -(4) basketball courts O parking lot (lighted) constructed in accordance with city requirements O landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation. Advisory Board. Upon approval of the Park design, the applicant shall provide a detailed estimate of all costs related to the construction of the Park. Upon dedication of the 15 -acre park, the cost of the park improvements and land shall be credited against park and recreation impact fees due for the project. Construction costs shall be determined by the submission and approval of detailed cost estimates to the Director of Parks and Recreation. In no event shall the credit received be more than 115% of the approved detailed cost estimates plus the agreed upon fair market value of the land. The agreed upon fair market land value has been determined -to be $720,000. Park lighting design and specifications shall be approved by the City, FPL -leased lights shall not be permitted. Parkway improvements and lighting installation shall be the responsibility of the applicant. c. Upon issuance of this amended development order, the applicant is entitled to 9 issuance of up to 499 residential certificates of occupancy without a park and recreation impact fee payment. After the 499th certificate of occupancy has been issued, no residential building permits shall be issued until the park improvements are complete and the park land has been dedicated to the City. d. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000th residential certificate of occupancy and shall be paid to the City in a total lump sum, however, in no event shall the aggregate amount of the park land, park improvement costs and lump sum payment exceed the $2,867,400 0 impact fee due. STATUS: ONGOING CONDITION #29 The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site within 60 days of the effective date of this amended Development Order. The developer shall plat and dedicate the school site io the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance: a.Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. • 0 b.All ad valorem real estate taxes and assessments for the year of closing shall be pro- rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. c.School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. d.The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e.The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's I* review and completed prior to the opening of the first school. f.The site shall be a developable site free of environmental constraints. _ g.Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to buildable grade under the School Districts 9 Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. j. - Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones within 30 days of the effective date of this amended ordinance. If by March 31, 2006, the School Board has not committed to construction of a school as part of the "Five Year Plan", the school site shall be deeded back to the applicant within 90 days. If by March 31, 2006, construction of a school has been included in the "Five Year Plan", a contract must be let for construction by March 0 31, 2008 or the school site shall be deeded back to the applicant within 90 days Use of the school site by the applicant will be for residential use at a density subject to the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a residential equivalent. STATUS: ONGOING CONDITION #30 The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate A 1 A to a 6 -lane roadway from Hood Road to PGA Boulevard. 0 STATUS: Zero trips have been generated. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and'Altemate AlA. STATUS: Zero trips have been generated. c. With regard to Hood Road and Alternate AlA intersection improvements: 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AlA. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis ! shall be submitted to and approved by the City. STATUS: Zero trips have been generated. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn lanes. STATUS: Zero trips have been generated. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced _ intersection capacity analysis), pavement markings, signage, lighting, etc., • as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. STATUS: Not applicable to date 4. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. STATUS: ONGOING . CONDITION # 31 The following shall be the required lane geometry and signalization at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane i Right -Turn Lane STATUS: Under Construction b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lane Right -Tum Lane ` Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes 1 Left Turn Lane Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane STATUS: Traffic signal will be installed with PGA widening; turn lanes under construction. c. PGA Boulevard and West Project Entrance: Traffic signal if warranted on or before the specified build -out date contained in the traffic impact analysis prepared by Kimley -Horn and included as Exhibit number 13. Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane Further, subject to DOT approval, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/westem project entrance. STATUS: ONGOING CONDITION # 32 The 200 -foot rotary section geometry, striping and signage shall be approved by the City Engineer during construction plan review. STATUS: COMPLETE - Jog Road plat approved by Resolution 115,2000 CONDITION 433 • No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. STATUS: Zero trips have been generated. CONDITION #34 a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of,building permits which generate more than • 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 13 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips, whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County that will cause to be placed in an escrow account road impact fee monies which are due at Sthe time of obtaining building permits for development within the 0 project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or - construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. c. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant may request that the existing surety with the City be released after replacement surety is provided to Palm Beach County which is in a form acceptable to the City and which approximately retains the City's interest in said surety which shall be in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement. STATUS: ONGOING - Bond has been posted. CONDITION #35 The applicant shall dedicate the Jog Road right -of -way by October 31, 2000 or upon recordation of the first residential plat, whichever occurs first. Jog Road Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor -and assigns. • . STATUS: ONGOING - Jog Road deed dedicated to PBC and recorded in ORR12083 Pg. 1339 -1351 on 10/19/2000. Landscaping responsibility ongoing. CONDITION #36 During the course of development, all property within the PCD shall be platted. STATUS: ONGOING Surface Water Management CONDITION #37 No construction of any portion of the surface water management system shall be undertaken without first submitting to the City's plans, specifications, and supporting computations for review and approval by the City. STATUS: COMPLETED: Approval letter from Tom McGowan dated 9/27/00 CONDITION # 38 Any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. STATUS: ONGOING CONDITION #39 The applicant has represented to the City and to South Florida Water • Management District that the project area will be a unit of the Northern 0 Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District STATUS: COMPLETE. CONDITION #40 The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution 0 prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. STATUS: COMPLETE CONDITION #41 The applicant shall diligently process its application to SFWMD (SFWMD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C -18 Canal/Loxahatchee Slough into the project lakes. This application shall be consistent with (1) the water use permit issued to SUA to increase the allocation for the Hood . Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13_8 MGD AADF and (2) the augmentation of groundwater /wellfield recharge. STATUS: ONGOING CONDITION #42 The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If, at any time during project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by 0 the project, it shall be the applicant's responsibility to cure said impacts in a period of time and in a manner acceptable to the City. — STATUS: ONGOING CONDITION #43 Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lesser amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- 18/Loxahatchee Slough (the "Water Use Permit ") to the project and facilities are constructed and operational to transfer said water into the water management system consistent with the ERP, the existing east/west canal or an approved equivalent alternate gravity conveyance acceptable to 0 SFWMD and the City (the "Gravity System "), shall remain in service as a recharge facility to SUA's Hood Road wellfield. STATUS: ONGOING CONDITION #44 Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. STATUS: ONGOING CONDITION #45 All areas designated for maintenance of the surface water management 0 system shall be no less than 20, wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical), or as may be otherwise required by the Northern Palm Beach County Improvement District. No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose. STATUS: ONGOING CONDITION #46 Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing the 0 surface water management system included in, the South Florida Water Management District Conceptual Environmental Resource permit for this project. STATUS: COMPLETE - Satisfied per memo from Sean Donahue dated 10/27/00 CONDITION #47 Prior to issuance of building permits for construction of residential homes, golf club facilities and/or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved 0 so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District (NPBCID), and SFWMD. STATUS: ONGOING - Surface water management system under construction. CONDITION #48 • No construction/land alteration shall occur until a environmental resource permit for construction and operation of the water management system, or portions thereof are issued by SFWMD and approved by the City. STATUS: COMPLETE - SFWMD Permit Modification # 50- 04118 -P on 7/14/00 CONDITION #49 If necessary and beneficial, as determined by the City Engineer, the Applicant and/or NPBCID shall implement the "Isolated Lake Plan" contained in the conceptual ERP and shown on the attached exhibit entitled 1999 Conceptual Water Management Plan Revision #9 and dated 3 -27 -00 when directed by the City Engineer. 0 STATUS: ONGOING CONDITION #50 The water management system shall be designed to accommodate and accept a minimum of 8.1 cfs of discharge from the Turnpike drainage system into the Golf Digest project until such time as an alternative discharge route is available outside the project (to be, provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 41. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed 15.0' NGVD or as otherwise set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The gated structure will be operated by NPBCID. If necessary, as determined by the City . Engineer, a pump shall be installed by the applicant and/or NPBCID to accept the Turnpike discharge. STATUS: ONGOING - Structure being installed with surface water management system. CONDITION #51 The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. Water surface elevations idetermined from the dynamic model analysis shall prevail and supersede those contained in the SFWMD conceptual Environmental Resource Permit. A building permit for a permanent sales center may be issued when the results of the dynamic model are accepted by the City. STATUS: COMPLETE - approved per letter dated 9/27/00 from Tom McGowan CONDITION #52 Prior to City Council approval, the applicant shall obtain conceptual approval of a revised Master Drainage Plan from the City Engineer, and South Florida Water Management District with review by Seacoast Utility Authority. STATUS: ONGOING - Modified permit scheduled for SFWMD • Board approval at their June Board meeting. 0 Water and Sewer CONDITION #53 - The existing 10" SUA PVC reclaimed water main, located in the PGA Blvd. Right-of-way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. STATUS: COMPLETE CONDITION #54 Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), applicant shall provide documents satisfactory to the City and Seacoast Utility Authority (SUA) that modifies Condition number 30 in the conceptual South Florida Water Management District (SFWMD) permit and Condition #9 in the COE Permit such that it clearly allows SUA the right to access, operate, maintain and repair the utility lines in the area known as Nursery Lane without having to obtain any additional permits to work in and/or disturb designated preservation areas; reference Application drawing number 41- 2 -32 -21 as prepared by Mock - Roos and dated September, 1999. STATUS: COMPLETE - Satisfied per letter from Jim Harvey dated 1 /11 /01 0 CONDITION #55 Prior -to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall conclude arrangements mutually satisfactory to the developer, SUA and the City that provide an easement or right -of -way for the construction and operation and access for maintenance and repair of a transmission main from the Northwest comer of the SUA WWTP site to Hood Road. STATUS: COMPLETE CONDITION #54 0 NPBCID Plan of Improvement for this project shall include all elements of the master surface water management system including but not limited to the mitigation plan, isolated lake plan and turnpike pumping station. Said plan of improvements meeting this requirement and adopted by NPBCID shall be supplied to the City prior to issuing the 1st building permit, excluding infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, and entry features. (Landscape, project identification walls and the like) STATUS: COMPLETE - NPBCID Plan of Improvements approved 7/26/00 CONDITION #57 Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry, features (landscape, project identification walls'and the like), the applicant shall: (1) modify the conceptual ERP to include acceptance of drainage from the SUA WWTP site including wet weather discharge from the percolation ponds and (2) provide assurance acceptable to the City that the existing conditions of drainage for the "Bonnette Property" and Hood Road are not negatively impacted by-the development of the project. STATUS: COMPLETE CONDITION #58 0 Upon receipt of all necessary approvals (the cost of which shall be born by the applicant as a "cost to cure ") and prior to acceptance of the surface water management system, or any portion thereof, by NPBCID and the City, the applicant shall construct a water control structure for the SUA WWTP and fill the SUA WWTP site to a minimum elevation of-17.5 NGVD or as otherwise determined from the dynamic model and (2) relocate the existing SUA WWtP perimeter landscaping or implement an alternative landscape plan acceptable to the City. STATUS: COMPLETE CONDITION #59 0 The access road to SUA treatment plant site shall be designed to local road I specifications with a minimum crown of road to be at a level of flood protection consistent with a 25 year, one day storm. STATUS: ' COMPLETE CONDITION #60 The applicant and/or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to install separate transmitters to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any 0 portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and 1212 T 1� STATUS: ONGOING CONDITION #61 Prior to the City's acceptance of the dynamic model of the surface water management system, the drainage areas (1) stated in the SFWMD conceptual environmental resource permit, (2) as shown on the 1999 Conceptual Water Management Plan, Revision #9 and dated 3- 28 -00, and (3) included in the Conceptual Water Management Calculations must be reconciled to the satisfaction of the SFWMD and the City. STATUS: COMPLETE - Dynamic model accepted per letter dated 9/27/00 from Tom McGowan CONDITION #62 As a requirement, a sum total of area(s) constituting no less than 1S% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. STATUS: ONGOING Public Safety CONDITION #63 The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. STATUS: ONGOING CONDITION #64 Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels. STATUS: ONGOING CONDITION #65 The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. STATUS: ONGOING Disclosure CONDITION #66 - Pursuant to School Board requirements, a sign shall be posted in all sales offices/model homes which provides notice of annual school boundary assignments for students of this project. This 11 "x 17" notice shall be provided by the School Board. STATUS: ONGOING CONDITION #67 A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. STATUS: ONGOING - CONDITION #68 A disclosure shall be included in sales and marketing materials and property owner's association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. STATUS: COMPLETED - Disclosure statement approved by Resolution 0 65,2000 0 CONDITION #69 Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents and initial sales documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential odors that may be emitted therefrom. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. STATUS: COMPLETED Disclosure statement approved by Resolution 65,2000. CONDITION #70 A prominent statement acceptable to the City shall be recorded into the public records of Palm Beach County and contained in all property owners association documents and sales documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these water bodies is to fulfill surface water management, not aesthetics. The disclosure document shall be recorded and approved by resolution of the City Council prior to first residential sale and subsequently recorded in the public records. STATUS: COMPLETED - Disclosure statement approved by Resolution 65,2000. Performance Standards 0 CONDITION # 71 iThe golf course(s) shall be designed and constructed by a nationally- recognized golf entity for the first five (5) years of operation, and maintained at the direction of a head golf professional who shall be a class ?A member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region. The golf management services /administration personnel shall include professional turf consultants, entomologists, plant biologists and such other professional specialists required to care and maintain the course(s). CONDITION #72 Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. STATUS: COMPLETE - Satisfied per Len Rubin letter dated 12/28/00^ Buildout CONDITION #73 Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, _and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. STATUS: ONGOING Monitoring CONDITION #74 An annual report shall be submitted to the Growth Management Department by February Fourteenth of each year, until the project has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order. STATUS: ONGOING • ooL �M BEACH COtf� July 9, 2001 THE SCHOOL DISTRICT OF PALM BEACH COUNTY, FLORIDA PLANNING DEPARTMENT 3320 FOREST HILL BLVD., C -331 WEST PALM BEACH, FL 33406 -5813 (561) 434 -8020 FAX: (561) 434 -8187 Mr. Edward Tombari, AICP City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 RE: Golf Digest (Mirasol) Dear Mr. Tombari: ARTHUR C. JOHNSON, Ph.D. SUPERINTENDENT The School District of Palm Beach County is in agreement with the amendment to condition #29 for Mirasol residential development, which states that: "If by March 31, 2006, the School Board has not committed to construction of a school as part of the "Five Year Plan," the school site shall be deeded back to the applicant within 90 days. If by March 31, 2006, construction of a school has been included in the "Five Year Plan," a contract must be let and notice to proceed issued for construction of at least one school by March 31, • 2008 or the school site shall be deeded back to the applicant within 90 days. Use of the school site by the applicant will be for residential use at a density subject to the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a residential equivalent." The School District would like to maintain ownership of the school site for as long as possible. At this time we do not have plans for the school in the current Five Year Plan, however, the Plan is revised annually and population growth and changes evaluated to determine the need for a school. The School District also is aware that the developer does not wish the property to remain vacant for a long time. The compromise stated in the amendment to the condition allows the School District up to March 31, 2008 to commence construction of one of the schools. If there are questions, please call me at 434 -8800. Sincerely, Angel . Usher, AICP, Manager Intergovernmental Relations C: Charles Wu, PBG Growth Management Director Kris Garrison SDPBC Planning Director . Barry Present, SDPBC Real estate Director Bob Ottesen, SDPBC Program Management Director AN EQUAL OPPORTUNITY EMPLOYER AI j ` 4 "ANC --Aim -+ un"All UGal"11 CITY OF PALM B_ EACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 Fire Rescue Department This acknowledges our previous meetings and your letter of March 28, 2001 concerning the completion of the Mirasol Fire Station as it relates to Condition 926 of the P.C.D. ordinance. Upon review, your proposed language for the modification of Condition #26 of the P.C.D. ordinance is acceptable to the City of Palm Beach Gardens Fire Rescue. Should you have any additional questions or comments concerning this matter, please do not hesitate to contact me at any time. i Sincerely, Peter T. Berge Fire Chief PTB: ptb CC: L. Rubin S. Fetterman C. Wu file • gyUU1 /UU1 April 3, 2001 Joseph Russo Mayor . Eric Jablin ice Mayyoo r T P H Tames P. Harvey, Project Manager Ys Po J g Taylor Woodrow Communities at Mirasol MaYw o rr Pro Tern 11400 Nursery Lane Palm Beach Gardens, FL 33418 David Clark Council Member Lauren Furtado Dear Mr. Harvey: Council Member This acknowledges our previous meetings and your letter of March 28, 2001 concerning the completion of the Mirasol Fire Station as it relates to Condition 926 of the P.C.D. ordinance. Upon review, your proposed language for the modification of Condition #26 of the P.C.D. ordinance is acceptable to the City of Palm Beach Gardens Fire Rescue. Should you have any additional questions or comments concerning this matter, please do not hesitate to contact me at any time. i Sincerely, Peter T. Berge Fire Chief PTB: ptb CC: L. Rubin S. Fetterman C. Wu file • gyUU1 /UU1 d05/01 12:31 FAX 5616221 07� TWC MIRASOL URBAN DESIGN 10002/004 Chief Bergel City of Palm Beach Gardens Fire Department .10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Firestation Schedule and Condition #26 Dear ChiefBergel: Please find• attached a current gch6d&e b Nfirasoi Fire Station. -The'skli6diAd P oxide's' for Z6 .:What we can to expedite- the tchedule::but.��P,-_ `6ompleW prior t6 needing certificates gc could be"' f I e * mlij- - the Y6a felt that the City 0- xr being made on constractton -fo 11 w" Thdrefore,"I would like'th *p9se the i 11­"- Condftion #26 of the P15C.D. ordinance wlucfl to the issuance -of `frsi'c&dfi certificate` cif en . mg*o' golf maintenance shed) and/or op 'f a go coun� I propose: "Such dedicafi6ii shA occur prior t6th, for.the prqject". ]6;1nguage'will. give-iis-suffi c a quality manner yet prqM& assurance to e City of _necessary services . and still . allow the proj . ect-tq L, n j, .17 'language it M6 to you p ease- pro this ta, accep M_ . r - uld lik6 to. YOU Wo prompt iftenfi6n,6 er would e Zr*.e tl 6 PCD %6dific W .;iguage into #tj!gn W 7 _X1.1 .-I •4L L AYJL M 9". 1Viarch 28, 2001 Chief Bergel City of Palm Beach Gardens Fire Department .10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Firestation Schedule and Condition #26 Dear ChiefBergel: Please find• attached a current gch6d&e b Nfirasoi Fire Station. -The'skli6diAd P oxide's' for Z6 .:What we can to expedite- the tchedule::but.��P,-_ `6ompleW prior t6 needing certificates gc could be"' f I e * mlij- - the Y6a felt that the City 0- xr being made on constractton -fo 11 w" Thdrefore,"I would like'th *p9se the i 11­"- Condftion #26 of the P15C.D. ordinance wlucfl to the issuance -of `frsi'c&dfi certificate` cif en . mg*o' golf maintenance shed) and/or op 'f a go coun� I propose: "Such dedicafi6ii shA occur prior t6th, for.the prqject". ]6;1nguage'will. give-iis-suffi c a quality manner yet prqM& assurance to e City of _necessary services . and still . allow the proj . ect-tq L, n j, .17 'language it M6 to you p ease- pro this ta, accep M_ . r - uld lik6 to. YOU Wo prompt iftenfi6n,6 er would e Zr*.e tl 6 PCD %6dific W .;iguage into #tj!gn W 7 _X1.1 .-I •4L L AYJL nnor ` �.,-ifid--XyLylor. for .6-d w4lpiq�dqii die m 665fiJiMoveniberof 2001. W.6.&j'qAofii pj Jidf:bedble-th have. ffie--Firelpo- is­fdr:ffie jirpjed. -. Per our, previoilsri- tlbwregifflffig.clas as I 'rog-fl, sawas. language qng q n. W, cation'th •the. third. septe4ce-o cu ft�dyfbad§.-'such dedicatioxi.shall-"' • W-` ...,ow. pnor-, the saes tie g Ygolf 4�er,occurs first". X ;A J�siaiEcc of the..100. dettificate 0 occuppc � -;ki' . " .: . .. *Z� -, , - . . , _ y .Con _Y kht ffi�tq` Aote tue.viie'' �-Will cot a0andLe-iQ6. 'M"k VIC stating oL1� be discuis di' **, 0 M 9". nnor ` �.,-ifid--XyLylor. for .6-d w4lpiq�dqii die m 665fiJiMoveniberof 2001. W.6.&j'qAofii pj Jidf:bedble-th have. ffie--Firelpo- is­fdr:ffie jirpjed. -. Per our, previoilsri- tlbwregifflffig.clas as I 'rog-fl, sawas. language qng q n. W, cation'th •the. third. septe4ce-o cu ft�dyfbad§.-'such dedicatioxi.shall-"' • W-` ...,ow. pnor-, the saes tie g Ygolf 4�er,occurs first". X ;A J�siaiEcc of the..100. dettificate 0 occuppc � -;ki' . " .: . .. *Z� -, , - . . , _ y .Con _Y kht ffi�tq` Aote tue.viie'' �-Will cot a0andLe-iQ6. 'M"k VIC stating oL1� be discuis di' **, 0 0 C: • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 2, 2001 Prepared on: July 13, 2001 SUBJECT /AGENDA ITEM Public Hearing and Second Reading of Ordinance 19, 2001, regarding a small -scale Future Land Use Map amendment to change the land -use designation of a five -acre parcel of land located at the southwest corner of Northlake Boulevard (Blvd.) and Congress Avenue (Ave.) from Industrial to Commercial. RECOMMENDATION Staff recommends approval of Ordinance 19, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: 7/20/2001 [ ] Operating Paper: Palm Beach ( ] Other • Ordinance 19, 2001 . Applicant Justification Post Statement [X] Required • Location Map itt d by ro �ment Affected parties Budget Acct. #:: Director [X] Notified [ ] None AppZag b City r a Not Required City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition: LU -00 -04 Request: Urban Design Studio, agent, is proposing a small -scale land -use map amendment to the City's Comprehensive Plan. The amendment changes the land -use designation of the five -acre parcel from Industrial to Commercial. The subject parcel, known as Parcel 34.01A, is located at the southwest corner of Northlake Boulevard (Blvd.) and Congress Avenue (Ave.). BACKGROUND: The subject parcel is currently undeveloped, but is being used as a plant nursery. The petitioner is requesting the land -use change to Commercial to allow the future development of the site as a shopping center with retail establishments and restaurants. The petitioner intends to combine this parcel with an adjacent one to the west of the subject parcel. Both parcels will total approximately 6.5 acres. The other parcel, which is not subject to the proposed land -use change, is not located within the City of Palm Beach Gardens' jurisdiction. It is within the boundaries of the Town of Lake Park. The petitioner and the Town have indicated that they would like to develop both parcels jointly through an interlocal agreement between the Town and the City. The Town and the petitioner have also agreed that the City's Land Development Regulations will be used to design and plan the site plan for both parcels. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The subject parcel is surrounded by properties designated Commercial to the east, north, and west, and Lake Park Mixed Commercial and Industrial to the south. These surrounding planned land uses are compatible with the proposed Commercial land -use designation. In addition, the subject parcel is located at an intersection and fronts on two major arterials, which is generally a prime location for commercial use. The City's Comprehensive Plan allows commercial developments to occur at major intersection and corners of arterials, per Policy 1.1.6.4 of the Future Land Use Element. COMPATIBILITY WITH THE VISION PLAN: The City's Vision Plan serves as a land -use guide for all land -use designation changes in the City. The Vision Plan designates the subject site as Commercial. Therefore, the requested land -use change to Commercial is consistent with the intent and objective of the Vision Plan. • City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition: LU -00 -04 HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and /or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE: The site has been previously cleared of vegetation, according to the applicant and arial photographs of the site provided to staff by the applicant. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential allowed under the existing land -use designation of Industrial is outlined below in the table. The analysis is based on the total acreage of the site, which is five acres, and a maximum lot coverage of 40 %. The potential impacts of development under the existing land -use designation are as follows: POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF INDUSTRIAL Max. Max. External Recreation Sanitary Potable Solid Development Density /Intensity Trip /Parks Sewer Water Waste Potential 86,771 sq. ft. 40% Lot coverage 503 Daily N/A Adequate Adequate Adequate of industrial trips, capacity capacity capacity use I MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential allowed under the proposed land -use designation of Commercial is 75,925 square feet of retail, based on a maximum intensity of 35% lot coverage. The potential impacts of development under the proposed land use designation are as follows: POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF COMMERCIAL Max. Max. External Recreation Sanitary Potable Solid Development Density/intensity Trip /Parks Sewer Water Waste Potential 75,925 sq. ft. 35% Lot coverage 3,368 Daily N/A Adequate Adequate Adequate of retail trips capacity capacity capacity The trip generation analysis reflects that there will be a net of 2,865 external trips that potentially will be added primarily on Northlake Blvd. 3 • City Council Meeting Date: August 2,200 ' 1 Date Prepared: July 13, 200 Petition: LU -00 -04 LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste,* police and fire services, and traffic. The traffic analysis submitted by the applicant estimates that the land -use change would result in the addition of 270 trips on 1 -95 for years 2000, 2005, and 2020, but this increase in trips is not significant because it represents an impact of less than 3 %. In addition, 1 -95 is currently operating below the adopted LOS D and is projected to continue to operate at this level for both 2005 and 2020 periods. The City's traffic engineer has indicated that the proposed amendment will not degrade the LOS of any segment within the zone of potential impact. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections. Staff has not received any objections or adverse comments regarding this proposed amendment from City residents as well. LOCAL PLANNING AGENCY RECOMMENDATION: On May 8, 2001, the City's Local Planning Agency (LPA) held a public hearing to consider the subject petition and recommended approval with a vote of 7 -0. STAFF COMMENTS: - The proposed land -use map designation of Commercial is compatible with the surrounding land -uses of adjacent properties and with the City's Vision Plan. The property is also suitable for the proposed land -use change, since it has been previously cleared. The traffic analysis submitted by the applicant does not reflect significant impacts that would result in lowering the adopted LOS of any roadway segment. The City's traffic engineer also concurs with the conclusions of the traffic analysis. STAFF RECOMMENDATION: Staff recommends approval of the proposed small -scale amendment to the City's Comprehensive Plan to the change the land -use designation of the subject parcel from Industrial to Commercial. • G:Ta1aI1LU- 00- 04- str1 -CC 4 PARCEL 34,901 WEST Exhibit lmv� & FUTURE LAND USE AN M71J AMENDMENT, i1q,v ""'-Scale 1 1/2" =1 Mile � LM BEACH GARDENS, FL Wo CZ7 UIDS 0x.23.00 1.6 OCATION MA-P Date: Sep' e�i er 26, 2000 S19 - ' • 111 -• f - • t/ 1 1 1 1 • • Ltd MIN off . .........::::::::::::.:::.::� • 1 1.1 • . . ........................ iii ::.� w fill MW Mom ` •1 1 `•11 -• • ■� — fie® � / - • - t • • . - • • / .ff a s - -- • t I 1 - 1 ' 1 1 t ' t -• • 1 1 . 1 - 1 • • ♦ 1 1 1 1 1 1/ -• / - I` A ALM BEACH GARDENS, FL UD 43 S Job #: 00- 023.00 =42 T uture Land Use MaD Date- q&,ntemhf-r ?A MOO S.19 46. It .rp 7 4 sit "A' Ab 61 ............ UM W '01 1 J-1 logo 317 ' � 1 • CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 775 -8295 Fax (561) 775 -1014 Request • Planned Community Development (PCD) • Planned Unit Development (PUD) ❑ Amendment to PCD, PUD or Site Plan ❑ Conditional Use ® Amendment to the Comprehensive Plan ❑ Other (Explain) ❑ Annexation • Rezoning • Site Plan Review • Concurrency Certificate ❑ Time Extension Project Name:. Congress Plaza West Small Scale FLUP amendment Date: September 29, 2000 revised February 1, 2001 Site Information: General Location: South West corner of Northlake Boulevard and Congress Avenue Address: See Above Township. 42S Acreage: 4.98 acres Section: 19 Range: 43E Current Zoning: Light Industrial M -1PBG Requested Zoning: TBD Current Comprehensive Plan Land Use Designation: PBG Industrial Existing Land Use: Vacant Nursery Requested Land Use: Commercial Proposed Use(s) i.e. hotel, single family residence, etc.: To be retail, restaurant Proposed Sq. Footage by Use: 75,925sf. Maximum Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc.. ' ' Milh N/A IT City of P.B. Gardens MGR(,wIH MANAGEMENT 1 0 0 1 FOR OFFICE USE ONLY I eition number: Date & Time Recei es plication $ Receipt Number: W --k Owner: Congress Investors West, LLC Applicant _(if not Owner): Agent: URBAN DESIGN STUDIO Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409 Agent's Telephone Number:_ (561) 689 -0066 Fax Number: (561) 689 -0551 Architect: N/A Engineer: Planner: __ URBAN DESIGN STUDIO Landscape Architect: n/a Justification Explanation: Information concerning all requests (Attach additional sheets if needed) {Section 118 -50, Submission Requirements, City Code of Ordinances} 1. Explain the nature of the request: This request is for a Small Scale Land Use Amendment from an Industrial to a Commercial designation. The Land is located at the south west comer of Congress and Northlake Boulevard. The commercial designation is consistent with the Palm Beach Gardens' Vision Plan. Northlake Boulevard serves as a commercial corridor in north central Palm Beach County. The proposed land use change would not create any significant impacts to the level of services standards established by the City of Palm Beach Gardens and would support the efforts of the Northlake Task Force to improve this corridor. 2. What will be the impact of the proposed change on the surrounding area? The impact is positive as the proposed amendment is consistent with direction of policy and desired development plans Sof Palm Beach Gardens, Lake Park and Palm Beach County. The proposed small scale future land 3 use designation will not only be consistent with policy but the Vision Plan of Palm Beach Gardens and the Town of Lake Park. It also is consistent with County policies for Eastward Ho and the efforts of the Northlake Task Force to promote the viability and sustainability of this commercial corridor. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. This is not a rezoning request. It is a request for a small scale future land use designation, however it fulfills the vision of having commercial property at this location. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 98 & Chapter 102, City Code)? This request is for a small scale future land use amendment. The property has been cleared for 10 years and no known historical resources exist. The landscaping of the property will be consistent • with city land development regulations and reviewed with the SPR application that is anticipated to filed in the near future. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 106, City Code)? This is will be better defined once a SPR application is filed and reviewed. 4 • Legal Description of the Subject Property (Attach additional sheets if needed) • � 0 See attached deed for legal description. Exhibit D. Location The subject property is located at the south west corner of the intersection of Northlake Boulevard and Congress Avenue . Property Control Number(s) of the subject parcel(s): 36- 43- 42- 19 -00- 000 -1130 5 C7 Ordinance 19, 2001 Prepared On: July 13, 2001 ORDINANCE 19, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR • AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND -USE DESIGNATION ON APPROXIMATELY FIVE ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND CONGRESS AVENUE, FROM INDUSTRIAL TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -04- ord) from Congress Investors West, LLC to amend the land -use designation for approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, as more particularly described in Exhibit "A" attached hereto, from Industrial to Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the future land -use map amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the future land -use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly constituted Local Planning Agency for the City, recommended approval of the future land -use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this future land -use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land -use designation for approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress • is Ordinance 19, 2001 Prepared On: May 31, 2001 Avenue,_ more particularly described in Exhibit "A," from Industrial to Commercial. SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies, in accordance with Section 163.3187(2), Florida Statutes. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall become effective in accordance with Section 163.3187(3)(c), Florida Statutes. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED AND ADOPTED THIS THE DAY OF 2001. DAY OF 2001. DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 2 Ordinance 19, 2001 Prepared On: May 31, 2001 • ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, MMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO G :Talal /LU -00 -04 -Ord 3 EXB' BIT `°A" t GAL DESCRIPTI0N — CONGRESS PLAZA WEST A parcel of land situate in the Northeast one - quarter (NE 1/4) of Section -19, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast corner of said Section 19; thence North 880 26121" West, along the North line of the Northeast one - quarter (NE 1/4) of said Section 19, a distance of 1105.96 feet to a point in the East right of way line of the South Florida Water Management District C- 17-Canal, a 340 foot right of way; thence South 01' 28' 04" West, departing said North line and along said East right of way line, a distance of 75.00 feet to a point in the South line of that certain 75.00 foot right of way for Northlake Boulevard as recorded in Deed Book 951, page 194, and Deed Book 916, page 453, of the. public records of Palm Beach County, Florida, said point also being .the Point of Beginning, thence South 88 26' 21" East, departing said East line and along said South line, a distance of 420.40 feet to the West Iine of Congress Avenue as recorded in Official Records Book 10739; at page 6, public records of Palm Beach County, Florida; thence South 43° 41' 58" East,:depardng said South line and along said West line, a distance of 56.21 feet; -thence South 01 ° 02' 33" West, a distance of 414.41 feet to the point of curvature of a curve concave to the West having a radius of 8529.37 feet; thence Southerly along the arc of said curve through 'a central angle of 001 50' 05 ", a distance of 124.26 feet to the point of tangency; Thence South 01 ° ')0'3 6" West, a distance of 144.67 feet to the North line of that certain lease parcel as recorded in Official Records Book 9600, at page 1225, of the public records of Palm Beach County, Florida; thence North 880 26' 21 " West, departing said West line and along said North line, a. distance of 185.26 feet to a point in a 6 foot chain Iink fence; thence North 01 ° 52' 37" East, continuing along said North line and said fence line, a distance of 114.78 feet to a fence corner and a point on a non- tangent curve concave to the Vorth (a radial line passing through said point bears North 060 03'43" East) having a radius of 332.84 feet; thence Westerly along the arc of said curve and continuing along said North line and- said fence line, through a central angle of 101 08' 51 ", a distance of 58.95 feet to the end of said curve; thence North 76° 29'34" West, a distance of 91.19 feet to a fence comer, thence North 03° 00' 15" West, a distance of 154.66 feet to .a fence corner; thence North 87° 02' 13" West, a distance of 35.78 feet; thence North 02° 23' 15" East, departing said North -line and said fence line, a distance of 93.77 feet to the'Easterly extension of the North line of said lease parcel and said fence line; thence North 87° 26' 37" West, along said Easterly extension and said fence line, a distance of 136.81 feet to the East right of way line of the South Florida Water-Management District C -17 Canal, a 340 foot right of way; thence North 190 18' 59" East, departing said Easterly extension and said. fence line and along said East right of way'. line, a distance of 166.76 feet; thence North Q10 28' 04" East, continuing along said East right of way line, a distance of 169.45 feet to the Point of Beginning. 4744873 vl - 5566 -152 • 152 0- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: August 2, 2001 Revised on: July 13, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Public Hearing /Resolution 81, 2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development of Regional Impact (DRI) to allow certain land -use conversions, roadway reconfiguration, and an increase in the total commercial square footage permitted by the Development Order of the Regional Center DRI. RECOMMENDATION Staff recommends approval of Resolution 81, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved N, Finance NA ' W' $ [ ] Approved wt ACM Current FY conditions Human Res. NA - [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: 711812001 [ ] Operating Attachments: Paper: Palm Beach ( ] Other • Resolution 81, 2001 Post 0 Adopted Map H Proposed Map H • Staff comments • State /regional agency comments S itted b [X] Required rowth Manem�enf`' Affected parties Budget Acct. #:: Director tft"e� [ ] None Approve City M a er 0 Not Required REQUEST: Urban Design Studio, agent for Catalfumo Construction and Development, Inc., is re uestin City Council Meeting Date. August 2, 2001 Date Prepared: July 13, 2001 Petition DRI/PCD-00-01 a Notice of Proposed Change (NOPC) and an amendment to the Planned Community District (PCD) for the Regional Center DRI located at the northeast corner of PGA Boulevard and Alt. A -1 -A. The several proposed revisions to the DRI and PCD master plan are listed below under "Proposed Modifications." BACKGROUND: On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 19, 2001, by Resolution 36, 2001. The previously- adopted NOPC allowed the following: • Designating approximately eight -acres as oak hammock preserve, per Condition 4 of the Development Order; • Converting approximately 9.3 acres from "Office /Hotel /Community Use" to "Multifamily /Office /Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily /Office /Community Use "; • Combining all the residential parcels located in the northeast portion of the DRI into a 104 - acre unified parcel (Kolter property); • Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and • Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. The Development Order has been previously amended six times. Currently there is only one pending NOPC, which is the subject of this petition. PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (please see map attached). The proposed changes are as follows: 2 City Council Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition DRUPCD -00 -01 • Reconfiguration of the alignment of Victoria Gardens Drive; • Relocating the two -acre Neighborhood Commercial parcel (Parcel 6) to the eastern portion of Parcel 4, which is located immediately east of Victoria Gardens Drive, the water management tract to the east and south, and Gardens Parkway to the north; • Redesignating the current Neighborhood Commercial parcel as a two -acre Multifamily Residential (an increase in residential acreage but not in number of units); • Relocating the Multifamily Residential (Parcel 4) to the east of the water management tract. This parcel is currently located south of Gardens Parkway, east of Victoria Gardens Drive, and bounded by the water management tract on the east and south; • Redistributing the acreage of the six -acre Community Use /Arts site (Parcel 7) equally between the parcels located east of the water management tract and the community serving open space land use categories. Community serving open space is increased from 92 to 95 acres. The applicant has also agreed to provide a 30,000- square foot pavilion for public use to be located west of the lake. Park furniture, landscaping, and maintenance of the pavilion will also be provided by the applicant; • Increasing the square footage of commercial uses by 278,888 square feet. This will not q change the intended mix of uses within the DRI because the City and the review agencies have requested and the applicant has agreed to establish minimum square footage thresholds for each approved use designated on Map H. This essentially ensures that the intended proportion of mixed uses within the DRI is maintained; and • Amending Condition number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such conversion. STAFF ANALYSIS: The proposed changes were presumed to be substantial deviations to the approved DRI. However, the applicant has rebutted the presumption of substantial deviations by clear and convincing evidence with respect to all of the proposed modifications, according to regional and state agencies. However, the City Engineer's office has raised a concern with respect to the relocation of the Neighborhood Commercial Parcel on grounds that it may lead to an increase in additional external trips over and beyond the total number of trips approved for the Regional Center DRI. This concern can be overcome by imposing several restrictions on the type of uses, access, and signage for this parcel so that it remains totally internal to the DRI. The applicant has M City Council . Meeting Date: August 2, 2001 Date Prepared: July 13, 2001 Petition DRUPCO -00 -01 agreed to these conditions on the proposed relocation of Parcel 6. The Florida Department of Community Affairs (DCA) and the Florida Department of Transportation have raised no objections to this alternative. LOCAL PLANNING AGENCY RECOMMENDATION: On April 10, 2001, the Local Planning Agency (LPA) held a public hearing to consider the subject petition and unanimously (7:0) recommended approval of the proposed modifications to the Development Order of the Regional Center DRI. STAFF RECOMMENDATION: Staff recommends approval of the proposed changes to the Development Order of the Regional Center DRI. The applicant has rebutted the presumption of substantial deviation by clear and convincing evidence. DCA has removed its initial objections to the NOPC and has found the proposed changes not to create unreviewed, additional, regional impacts. The proposed modifications do not constitute substantial deviations. PREVIOUS CITY COUNCIL ACTION: On May 17, 2001, the City Council continued the public hearing to June` 7, 2001. The applicant requested that this item be placed on the agenda for the City Council meeting on August 2, 2001, in order to allow the applicant to meet with various parties regarding this petition. G:Talal /DRI- N0PC- 00 -01 -cc 4 • r� L • 7 3'e Ys - - frs . ate" 'g;5 moose+. ! m r � M. n® �T n2 , A r m 0 W 1n 11 r 0. :a M D O D w p o o � m N O o w o °o K W AM!• Xtl i � GC� f II g ¢4 8 o fill P 6 8 < w rc tecr Gg $ 4 r c E fill PROSPERITY 'FARMS ROAOI nnl o�9D Flil M�� oo aao� w (aap O n O N SILO 09 m 7� yy ' a rtly C n b A o W O O N D J J. o O W W m Q d1 °c w o ra O N m Fil n n i' v) fa iF INC. CIVIL AGRICULTURAI \A /AI -FR RESO UR(TS WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs • "Partners for Results Value by Design" .0 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www- Ibfh -coni MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E.` DATE: January 23, 2001 FILE NO. 00 -4160 SUBJECT: Regional Center- Catalfumo NOPC We have received the City's traffic consultant's comments regarding the referenced project on January 16, 2001 (attached). We have also reviewed the NOPC submittal for engineering purposes. We have the following comments: 1. As discussed in MTP Group's memorandum, there appears to be a potential for an increase the external traffic generation of the project as a result of the relocation of the neighborhood commercial. 2. As discussed in MTP Group's memorandum, there is a potential for an unreviewed traffic impact on this project due to the cultural arts use. 3. Regarding the modifications to Condition No. 1, the internal roadways provided in Exhibit H were generated to provide a smooth and efficient traffic flow throughout the entire project. A significant adjustment to the alignment as has the potential to impact the expected performance of the roadways, and therefore has the potential to impact the entire project. 4. We assume that any conversion of land uses within this project will not create any modification do the project's Surface Water Management System as conceptually approved by the South Florida Water Management District (SFWMD). More specifically, the proposed land uses for the individual parcels, if approved, will need to meet the land design requirements (pervious area, road grade and finished floor elevation, etc.) of the conceptual permit approved by the SFWMD. SCD/ cc: Steve Cramer Karen Craver P:\PROJF,CTS\PBG MEMOk1160\4160 c - 4) 6o MTP Group, inc.. I 12798 Forest Hill Boulevard, Suite 303 West Palm Beach, R 33414 Phone: (561) 795 -0678 Teletex: 15611 795 -0230 MEMORANDUM To: Sean C. Donahue, P.E. Assistant City Engineer From: Marfa M. Tejera, P.E.6,OV7— Date: January 12, 2001 Subject: Regional Center NOPC - Catalfumo Parcel 27.12 MTP Group, Inc. has reviewed the information included in a letter dated December 22, 2000 in reference to the above mentioned project. The letter addresses our comments included in a Memorandum to you and dated October 25, 2000. While many of our comments have been addressed to our satisfaction, we still have the following concerns: 1. We disagree with the applicant about the potential traffic impact of the neighborhood commercial. We are of the professional opinion that the relocation of thq,neighborhood commercial has the potential to increase the external traffic generation of the project. 2. While the trip generation tables prepared by Kimley -Horn and Associates for the proposed plan of development as well as those tables justifying the land use conversions do not include traffic associated with the cultural arts use, the proposed Development Order (DO) Condition 1 mentions the cultural arts use. Any traffic generated by the cultural arts portion of the project has the potential to create unreviewed traffic impact. In response to one of our comments, the proposed Exhibit H includes a revision to the previously proposed Victoria Gardens. Drive alignment..Tbe prnnoseA alignment is. consistent with t1he currently approved Exhibit H. However, it should be noted that the proposed DO Condition 1 indicates the location of the major roadway system may be changed as approved by- City Council. Based on this proposed condition, input from the Department of Community Affairs, the Florida Department of Transportation and the Treasure Coast Regional Planning Council will not be required when changing the location of the major roadway system. Should you need additional information, do not hesitate to contact me at (561) 795 -0678. C:4 ntp\PBG\RegionalCenlerNOPC 2.wpd • Memo to File From: Mark Hendrickson, City Forester M/4 Subject: DRI -00 -01 & PCD- 00 -01, Regional Center NOPC Date: March 5, 2001 Due to the fact that the original DRI/PCD contained a condition about the minimum buffering requirements for the Atlantic Avenue 25 -foot wide PCD buffer, I recommend that the City introduce another specific buffer requirement to clarify a City code requirement. When Cataflumo changed Parcels 27.05/.06 from the PO designation to allow retail, the site plan should have reflected an opaque fence or wall around the perimeter PCD buffer because of the surrounding residential development. I recommend the City rectify this problem by requiring a wall be installed within all PCD buffers that have commercial uses adjacent to residential uses, including the 27.05 and 27.06 parcels, prior to the first certificate of occupancy within the respective parcel. This should also apply to those uses that are separated by a public road. �J • C7 • a STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" DEB BUSH Governor September 18, 2000 Ms. Roxanne M. Manning, AICP Growth Management Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens Florida 334104698 STEVEN M. SEIBERT Secretary Re: The Regional Center DRI (a.k.a. The MacArthur Center DRI) DCA Project File No. ADA -1082 -036. Review of Notification of Proposed Change Dear Ms. Manning: The Department has completed its review of the Notice of Proposed Change (NOPC) for the Regional Center (a.k.a. The MacArthur Center) Development of Regional Impact (DRI), located in the City of Palm Beach Gardens,Florida. The NOPC was rendered by Ms. Dodi Glas, authorized agent for Mall Properties, Ltd., the owner of the DRI. The applicant has proposed changes to the project which will affect the central area of the western border of the DRI, along SR 811 (Alt. AIA). Specifically, the proposed changes are intended to: modify the Master Plan (Map IT) and to reconfigure an internal roadway, Victoria Gardens Drive (a.k.a. West Avenue), to provide and maintain better pedestrian connections between developed parcels and an existing water management tract; relocate previously approved 2 -acre Neighborhood Commercial Center (Parcel 6) and redesignate this site as residential use (Parcel 5); and eliminate Community Use/Cultdral 'Arts land use category and redesignate the 6- acre parcel (Parcel 7) as residential use (3 acres) to the east and community passive park (3 acres) around an existing water management tract. Additionally, the applicant has proposed establishing land use conversion rates /matrix for approved uses (Business- Research, Business -Office, Hotel, and Cultural Arts Center) to be converted into Commercial- Retail uses; and to allow for flexibility in development uses, as long as the maximum square footage of approved land uses for the overall DRI, as. shown on the H, is not exceeded. The applicant has also proposed a maximum of 1,718,888 square f 6 floor area for the Regional Retail land use. 6 fiatee�s 2SSS SHUMARD OAK BOULEVARD I TALLAHASSEE, FLORIDA 3239 1�P A Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291 81 2 Internet address: h(t'p: / /www.dca.state.ft.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & C D 2796 Overseas Highway, Suite 212 2555 Sh.,d Oak Boulevard ! 2555 Shurrurd Oak Boulevard 2555 Shumard Cla1c Marathon, FL 33050 -2227 Tallahassee, fl 32399-2100 Tallahassee, FL 32399.2100 Tallahassee, FL 32399- (305) 289 -2402 (850) 488.2356 1850 413.9969 (650) 488.7956 Ms. Manning Regional Center DRI September 18, 2000 Page 2 The Department has determined that the proposed changes to the DRI, relating to the relocation of the 2 -acre Neighborhood Commercial Center (Parcel 6); and the redesignation of the 6 -acre Community Use /Cultural Arts (Parcel 7) as residential and community park land uses within the DRI, are presumed to create substantial deviations pursuant to Section 380.06(19)(e)3., F.S., because they are not changes specified in Section 380.06(19)(b), or (c) or (e)2., F.S. The applicant has not rebutted these presumptions by clear and convincing evidence. A traffic analysis has not been included to demonstrate that the proposed changes would not create any additional regional impacts beyond those previously reviewed by the Department. Therefore, the Department is issuing this letter to indicate its objection to the NOPC. Also the Department recommends that the City includes language in the Development Order to state that the Department of Community Affairs and the Treasure Coast Regional Planning Council will be notified prior to any land use conversion within the DRI, as proposed by the applicant in this NOPC. If you have questions concerning this matter, please contact Roger Wilburn, Community Program Administrator, or Joseph Addae - Mensa, Planner IV, (850) 487 -4545. Sincerely yours, Charles Gauthier, AICP Chief, Bureau of Local Planning CG /jam cc: James Snyder, DRI Coordinator, Treasure Coast Regional Planning Council Dodi Glas, Urban Design Studio • k '0s G� " P. 02 regional , planning council January 26, 2001 Mr. Steve Cramer Interim Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Mr. Cramer. In accordance with the requirements of Section 380.06(19) Florida Statutes : we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for the Regional Center DRI dated August 2,'2000 and additional information received on August 31, 2000, October 16, 2000, December 27, 2000, and January 22, 2001. Based on the information provided on August 2, 2000 and August 31, 2000, the NOPC proposes to: 1. Relocate the two -acre Neighborhood Commercial Parcel west of the mall and south of �. the Gardens Parkway near the water management area. 2. Designate the former Neighborhood Commercial Parcel as residential. _ 3. Relocate residential Parcel 4 located south of Gardens Parkway and west of the Gardens Mall to the east side of the water management tract and passive park currently designated as Community Use/Arts (Parcel 7) and OffccelHotellCommunity Use (Parcel 2)_ 4. Redistribute the acreage of the Community Use/Arts of Parcel 7 to Residential on the eastside and Community Open Space around the water management tract. 5. To establish conversion rates for approved uses to be convected into other approved uses at the time of site plan review as long as the maximum of approved uses for the overall DRI is not exceeded. 301 asst «con boolavatd suite 300 swats NorWa 34994 phona (561)131 -4060 x 169-4060 fax (561) 111 -4061 vn�v—GO— GC,rli i- �•-�cr .u�r . Mr. Steve Cramer January 26, 2001 Page 2. The changes are presumed to be a substantial deviation pursuant to Section 380.06i(19)(e)3., Florida Statutes. Council reviewed the information provided by the applicant on August 2, 2000 and August 30, 2000, and had concerns with the relocation of the; two -acre neighborhood commercial tract and the information provided to justify the ;land use conversion table. Additional information provided on October 13, 2000, December 27, 2000, and January 22, 2001 addressed Council's concerns by supplying additional data and analysis to justify the conversion table and stating that the relocation of the neighborhood commercial `:,would be internal to the parcel and retain its neighborhood commercial character. The exact location of the neighborhood commercial will be determined during the City site plan review process. Based on this information, and the amended development order language provided on January 22, 2001, Council does not object to the proposed change. If you have any questions, please call. Sincerely, • � J James T. Snyder DRI Coordinator cc: Roger Wilburn, FDCA Dodi Glas, Applicant • • RESOLUTION 81, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, RELOCATE PARCEL 4 TO THE EAST OF THE WATER MANAGEMENT TRACT, REDISTRIBUTE THE ACREAGE OF PARCEL 7 EQUALLY BETWEEN PARCEL 4 AND THE COMMUNITY SERVING OPEN SPACE AREA AROUND LAKE VICTORIA, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 278,888 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND -USE CONVERSION MATRIX; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; i nt rultcst� w f • July 18, 2001 Page 2 - ® 440 0Gf I -It 7 v. i If 1W. .-r.__ U This Entertainment Center should be consistent in quality with that of the Gardens Mall. Further, the Conversion Matrix and Exhibit H should be modified to prohibit the reallocation and conversion of entitlements and land uses to various parcels, other than the Entertainment Center. As proposed, the matrix would also allow the conversion of office and hotel uses into retail. We believe that small retail stores along PGA Boulevard will tarnish its character and is Inconsistent with the City's vision for the PGA Corridor. The proposed La -Z -Boy center and purported Mattress City are good examples of our concerns and we believe indicative of what will result If the Conversion Matrix is approved. This project Is not consistent with other buildings in the Regional Center and will Impact the quality and character of development on PGA Boulevard. This would be further exacerbated since the Conversion Matrix would allow the proposed Staybridge Hotel and office currently approved • for Parcel 27.08 to be converted into an additional 40,100 sq. ft. +/- of retail. Adding this to the currently approved 50,000 sq. ft. of retail for this site allows for over 80,000 sq. ft. of retail uses. The PGA Boulevard frontage should be developed with multi- storied office buildings or hotels as.odginally contemplated. Finally, concerning the Conversion Matrix, K such changes are necessary they should be reviewed by the Treasure Coast Regional Planning Council and the Department of Community Affairs as part of an NOPC_ The Conversion Matrix essentially Is a mechanism for avoiding future review and ignoring the expertise of these agencies. For the past sixteen years, we _have always shared the vision of the City and respectfully request your denial of Resolution 81, 2001. Sincerely, Forbes/Cohen Florida Properties Sidney Forbes Partner cc: Ron Ferris, City Manager Charles Wu, Director Growth Management HawPOOCS%YORk .EtrEaswese12oo.wPO Prepared on: July 13, 2001 Resolution 81, 2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF , 2001. • ATTEST: BY: CITY CLERK • MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY 3 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:Ta1a1/DRI- PCD- 00- 01- cc -res 11 4 Prepared on: July 13, 2001 Resolution 81, 2001 • 0 RESOLUTION 81 2001 AMENDED DEVELOPMENT ORDER CONDITION #1 EXHIBIT A 1. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983. 1 . ' Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA ") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(i) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office /Hotel (1), Office/Hotel /Community uses (2), or Research/Office/ Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any of in the Range of Maxi n-r— Floor Space Allocations on Exhibit H and restated below arc act -=Deeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as-shown on Exhibit H. PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To Intensity R & D Office 1 ft.2 Retail 0.422 ft.2 Hotel 1 room Retail 257.229 ft? Business Office i ft.2 Retail 0.219 ft 2 Hotel 1 room Business Office 1. 70$.245 ft.2 RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES il_SE MINIMUM MAXIMUM Neighborhood Commercial 26,000 sf 26,000 sf Retail 1,440,000 sf 1,718,888 sf Office - Business 902,437s( 1,210,000 sf Office - Research 73,440 sf 235,200 sf Hotel 118 rooms /100,300 sf* 419 rooms/356,150 sf* Residential 1,813 du/1,813,000 sf* 1,813 du/1,813,000 sf* TOTAL 4,355,177 sf 5,359,238 sf *Square footage numbers are established as an estimate and may vary from actual development. Room /unit counts will be the actual determinate of the use for both Hotel and Residential categories. Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regional Planning Council upon the'frling of a development application with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. Revised per Reso 36 2001 Nwdn- wrvc- %YS1COMMONV&Megia WcertaoR1127 .IPdoNOKr2712.050701.wpd LCC35 1 /•`i City of P.$ Gardens `11Ati �Y 1� 2001 A i GRvW1H I FM NT `�. DEPARTMENT RESOLUTION 81 2001 . THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy Floral or Florist Shop Fruit and Vegetable Market . Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory EXHIBIT B NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate AlA. 4. Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.ka West Avenue). %kUds_sc cz\ SYS\COMMONU obs\ RcgionalCent erDM7. 12W eighborhoodCommercialUsesf .031401.wpd • tr -- 1 � gat 86� �91 u M �� tppppfc gs � : 1 1, ' • � yt , a�` ;� � CC�rr C�CL •CLCC .- CL •® $ + r. M' ' . a -. • 10 m... .. g$ y kip IP s +S. gild Ing 10 g $30 SO. p HE 0 1 Ed b q .Q o m �m m... .. g$ y kip IP s +S. gild Ing 10 g $30 SO. p HE 0 1 Ed b q .Q o m - . yT - V(/ If /VI 1`t.JG .VI /VJ 1 \V. UV • II THE FO-R-13ES-- COMPANY 100 Galleria Officentre, Suite 427, P.O. Box 667 Southfield, Michigan 48037 248.827.4600 Fax: 248.827.1379 FAX TRANSMISSION COVER SHEET /1 $�5y - Ga....f OQ f`_ —Amic JUt�18'1 Fgg C,onfldentiallty Note GRUwiH 1, MANAGEMENT The information contained in this facsimile message is legally privileged and confidential in doRWAR eon for the use of the individual or entity named above. If the reader of this message it not the in p hereby notified that any dissemination, distribution or copying of this telecopy is strictly prohlb • 1 - vo received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the U.S. Postal Service. Think youl Please call 249.927.4600 for isoilamission errors. Thank yowl , I ' U, - - - -- - - Iu ' - - -- Date: July 18, 2001 To: Mr. Charles Wu City of Palm Beach Gardens Facsimile: 561.799.4281 Sender: G. Thomas York Pages: 3, including cover sheet Message: Attached for your information is the letter sent to the City of Palm Beach Gardens' Mayor and City Council Members. /1 $�5y - Ga....f OQ f`_ —Amic JUt�18'1 Fgg C,onfldentiallty Note GRUwiH 1, MANAGEMENT The information contained in this facsimile message is legally privileged and confidential in doRWAR eon for the use of the individual or entity named above. If the reader of this message it not the in p hereby notified that any dissemination, distribution or copying of this telecopy is strictly prohlb • 1 - vo received this telecopy in error, please immediately notify us by telephone and return the original message to us at the address above via the U.S. Postal Service. Think youl Please call 249.927.4600 for isoilamission errors. Thank yowl , I ' U, - - - -- - - Iu ' - - -- r"c FVRDGJ w ® cqO Oct Iiry • THE FORBES COMPANY July 18, 2001 Mayor Joseph R. Russo Vice Mayor Eric Jablin Council Member David Clark Council Member Lauren Furtado Council Member Carl Sabatello City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Ur/ 1(/U I I14:7L L-Y :VG /W nV:OVI 100 Gaiwk%OMcenue SUM 421 Swfhliekl, Michlow 48034 248.6 27.4600 246197 1379 Fox (Vie Fedora/ Expnssq Re: Public Hearing - Resolution 81, 2001 Dear Mayor Russo, Vice Mayor Jablin, and Council Members: As the owner of The Gardens Mall, I am extremely disturbed with the DRI changes proposed in Resolution 81,2001 and strongly concerned with its adoption. We urge that the City Council not approve this resolution for the following reasons: 1. Eliminating the Cultural Center Site Is inconsistent with the City's original vision of a mixed -use project that offers a wide range of activities including shopping, office, residential and cultural/civic opportunities. The Cultural Center Site was an original requirement imposed by the City to fulfill a cultural/civic need within the Regional Center this need still exists. As the Regional Center matures and becomes more urbanized in character, the °critical mass' for supporting and sustaining a Cultural Center Site will be attained. It would be a disservice to the citizens of Palm Beach Gardens for the City to abandon this use/restriction. Further, the applicant purchased this property with full knowledge of this restriction. They apparently assumed that they could convince the City to abandon this requirement. 2. The proposed relocation of residential land use from the west side of Lake Victoria to the east side of the lake Is the wrong location for residential end creates an incompatible land use. We believe it Is bad planning to locate residences that will be surrounded by commercial uses. This land should be used for office building development. 3. The Conversion Matrix should provide only the necessary land use entitlement changes to allow the 'Entertainment Center', which should be limited in size since the City has already approved 300,000 +/- square feet of commercial use at legacy Place. Approval of the Entertainment Center should be conditioned to require a 2,600 +/- seat stadlum type theater. If the theater Is not. Included in the initial phase of the Entertainment Center, the City should require reversion to the current approved land uses. !nt .ru�ctst� w • July -18, 2001 Paige 2 - ® C40 OG( I -It 7 vl/ II I w 1 4­ ­ ,_, .-_1 .._ - - -. This Entertainment Center should be consistent in quality with that of the Gardens Mail. Further, the Conversion Matrix and Exhibit H should be modified to prohibit the reallocation and conversion of entitlements and land uses to various parcels, other than the Entertainment Center. As proposed, the matrix would also allow the conversion of office and hotel uses into retail. We believe that small retail stoma along PGA Boulevard will tarnish He character and is Inconsistent with the City's vision for the PGA Corridor. The proposed Ls -Z -Boy center and purported Mattress City are good examples of our concerns and we believe indicative of what will result If the Conversion Matrix is approved. This project is not consistent with other buildings in the Regional Center and will impact the quality and character of development on PGA Boulevard. This would be further exacerbated since the Conversion Matrix would allow the proposed Staybridge Hotel and office currently approved for Parcel 27.08 to be converted into an additional 40,100 sq. ft. +/- of retail. Adding this to the currently approved 50,000 sq. ft, of retail for this site allows for over 90,000 sq. ft. of retail uses. The PGA Boulevard frontage should be developed with mufti- storied office buildings or hotels so- originally contemplated. Finally, concerning the Conversion Matrix, 9 such changes are necessary they should be reviewed by the Treasure Coast Regional Planning Council and the Department of Community Affairs as part of an NOPC. The Conversion Matrix essentially is a mechanism for avoiding future review and ignoring the expertise of these agencies. For the past sixteen years, we have always shared the vision of the City and respectfully request your denial of Resolution 81, 2001. Sincerely, Forbes/Cohen Florida Properties Sidney Forbes Partner cc: Ron Fells, City Manager Charles Wu, Director Growth Management Haw CK=AvoaMLETTEasveea$1sao.VWD • s 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 9, 2001 Mr. Steven B. Cramer, AICP Growth Management Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens Florida 33410 -4698 Cb of P I Re: The Regional Center DRI (a k.a. The MacArthur Center DRI) FS 13 20 DCA Project File No. ADA -1082 -036. Review of Notification of Proposed Change (Parcel 27.12) Q� Dear Mr. Cramer: 1�. r" i On August 7, 2000 the Department -received a notification of proposed change (NOPC) to the Regional Center Development of Regional Impact (DRI), Parcel 27.12, from Ms. Dodi Glas, the authorized agent for Mall Properties, Ltd. In the NOPC the applicant proposed to: 1. modify the Master Development Plan to reconfigure Victoria Gardens Drive (a.k.a. West Avenue), an internal ro dvvay, to-provide and maintain pedestrian connections between developed parcels and the existing water management tract within the DRI; 2. relocate and redesignate previously approved land uses within the project site, including relocating a two -acre Neighborhood Commercial Center (Parcel 6) and redesignating this site residential land use (Parcel 5). 3. eliminate 6 acres of Community Use /Cultural Arts land use (Parcel 7) and redesignate the acreage residential use (3 acres) to the east and community passive park (3 acres) around the existing water management tract; and 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http: / /www.dca.state.fl. us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVE 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee, FL 32399 -2100 Tallahassee. FL 32399 -2100 Tallahassee, FL 32399 -2100 (305) 289 -2402 (850) 488-2356 1850) 413.9969 (850) 488 -7956 Mr. Steven B. Cramer, AICP February 9, 2001 Page 2 4. establish land use conversion rates /matrix for approved uses (Business - Research, Business - Office, Hotel, and Cultural Arts Center) to allow conversion flexibility at the time of site plan review, as long as the maximum square footage of approved land uses for the overall DRI, as shown on the Map H, is not exceeded; with a proposed maximum of 1,718,888 square feet of 'Regional Retail land use. The Department reviewed the NOPC and determined that the proposed changes were presumed to a create substantial deviation pursuant to Section 380.06(19)(e)3., F. S., which the applicant failed to rebut by cleat and convincing evidence. Therefore, the Department in its letter dated September 18, 2000 objected to the proposed changes. In response, the applicant has submitted additional information (dated October 13, 2000; December 22, 2000; and January 22, 200 1) to address the Department's concerns. The Department has completed the review of the additional information and has determined that the applicant has rebutted the presumption of a substantial deviation. The Department no longer objects to the proposed changes. If you have any question concerning this matter, please contact me, or Joseph Addae- Mensa, Planner IV, at (850) 487 -4545. Sincerely, Roger Wilburn Community Program Administrator Bureau of Local Planning RW /jam cc: James Snyder, DRI Coordinator, Treasure Coast Regional Planning Council Dodi Glas, Urban Design Studio • a January 26, 2001 Mr. Steve Cramer Interim Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Notification of Proposed Change . Dear Mr. Cramer: ZO In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for the Regional Center DRI dated August 2, 2000 and additional information received on August 31, 2000, October 16, 2000, December 27, 2000, and January 22, 2001. Based .on the information provided on August 2, 2000 and August 31, 2000, the NOPC proposes to: 1. Relocate the two -acre Neighborhood Commercial Parcel west of the mall and south of the Gardens Parkway near the water management area. 2. Designate the former Neighborhood Commercial Parcel as residential. 3. Relocate residential Parcel 4 located, south of Gardens Parkway and west of the Gardens Mall to the east side of the water management tract and passive park currently designated as Community Use/Arts (Parcel 7) and Office/Hotel/Community Use (Parcel 2). 4. Redistribute the acreage of the Community Use/Arts of Parcel 7 to Residential on the eastside and Community Open Space around the water management tract. 5. To establish conversion rates for approved uses to be converted into other approved uses at the time of site plan review as long as the maximum of approved uses for the overall DRI is not exceeded. ' 301 cost ocean boulevord suite 300 stuart, florido 34994 phone (561) 441 -4060 sc 969 -4060 fox (561) 241 -4067 351 Mr. Steve Cramer January 26, 2001 Page 2. The changes are presumed to be a substantial deviation pursuant to Section 380.06(19)(e)3., Florida Statutes. Council reviewed the information provided by the applicant on August 2, 2000 and August 30, 2000, and had concerns with the relocation of the two -acre neighborhood commercial tract and the information provided to justify the land use conversion table. Additional information provided on October 13, 2000, December 27, 2000, and January 22, 2001 addressed Council's concerns by supplying additional data and analysis to justify the conversion table and stating t'riai the relocation of the neighborhood commercial would be internal to the parcel and retain its neighborhood commercial character. The exact location of the neighborhood commercial will be determined during the City site plan review process. Based on this information, and the amended development order language provided on January 22, 2001, Council does not object to the proposed change. If you have any questions, please call. Sincerely, i IvIDIJJ James T. Snyder DRI Coordinator cc: Roger Wilburn, FDCA Dodi Glas, Applicant • • CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 SUBJECT /AGENDA ITEM MISC -00 -23 — PGA Office Center Sidewalk Consideration for Approval: Resolution 85, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of E. Llwyd Ecclestone, Jr., for approval of a waiver from Section 256 of the City's Land Development Regulations (LDRs), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, at 300 Avenue of Champions. The applicant also seeks to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend the sidewalk from its approved northern limit across the frontage of the adjacent property to PGA Boulevard. RECOMMENDATION Staff recommends Denial of Resolution 85, 2001. Reviewed by: Originating D @pt.: FINANCE: NA P8Z Action: rowth Management: [X] Approved Principal Planner Costs: $ [ ] App. w/ conditions Karen M. Craver Project ��, Total [ ] Denied City Attorney Manager 1` [ ]Rec. approval Leonard Rubk John Likdgren $ [ ] Rec. app. w/ conds. Finance NA Current FY ( ] Rec. Denial [ ] Continued to: Human Res. NA Funding Source: [ ]Operating Submitted by: Advertised: Attachments: Growth Mana Int r Date: [X] Other NA • Table 1 o Resolution 85, 2001 � . , Direc ouj W Paper: • Resolution 145, 1999 Charles K. Wu, AICP • Project narrative [X] Not Required Budget Acct. #: NA • PGA POA letters • Police memorandum Approved by: City Manager • Engineering memo. Affected parties: Ronald M. Ferris [ ] Notified • Fax from P8Z [X] Not Required Commissioner • Aerial Map [ ] None f • City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 REQUEST Henry Skokowski of Urban Design Studio, agent for E. Llwyd Ecclestone, Jr., is requesting approval of a waiver from Section 256 of the City's LDRs that requires sidewalks to be located on both sides of roadways. Granting of this waiver request will allow the applicant to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center. The applicant also seeks to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend the sidewalk from its northern limit to PGA Boulevard. The 10.1 -acre site is located on the west side of Avenue of Champions, approximately ' /< mile south of PGA Boulevard. (10- 42S -42E) BACKGROUND The site was originally approved with the adoption of Resolution 93, 1979, and subsequently amended with the approval of Resolution 145, 1999 on December 2, 1999. The approved 60,000 square -foot PGA Office Center building on site has been constructed and received its final certificate of occupancy on February 5, 2001. LAND USE & ZONING The subject site is zoned Professional Office (PO) with a Planned Community District (PCD) overlay, and a future land -use designation of Professional Office (PO). CONCURRENCY The site is part of the PGA National PCD, and is therefore vested in terms of concurrency. PETITION DETAILS The applicant would like to delete most of the sidewalk along the western side of Avenue of Champions, adjacent to the PGA Office Center site and extending to PGA Boulevard. The applicant proposes to meet the requirements of the Americans with Disabilities Act (ADA) by keeping a portion of the sidewalk, and connecting it with a crosswalk to the sidewalk on the eastern side of Avenue of Champions. The applicant does not believe this sidewalk will be of any realistic use to the public, and has the written support of the PGA Property Owners Association (POA) for the removal of the sidewalk (see attached). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planning & Zoning Division Based on the City's continued effort to encourage pedestrian and bicycle usage, thereby reducing the number of vehicular trips within the City, the Planning and Zoning Division 2 City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 strongly opposes the deletion of the sidewalk along the western side of Avenue of Champions. Sidewalks on both sides of streets are necessary to promote safe pedestrian movement. Furthermore, the applicant's proposed crosswalk across ' Avenue of Champions, just south of the roundabout, threatens pedestrian safety. It would be very difficult for a pedestrian to safely cross four lanes of traffic at the south end of the roundabout, especially since there is no traffic signal or stop sign. This statement is supported by the PGA Property Owners Association, Inc. when it states that pedestrian movement near the traffic circle or roundabout would be dangerous (see attached letter dated November 6, 2000). Finally, City Forester Mark Hendrickson also does not support the applicant's request of removing the sidewalk (see attachment dated May 23, 2001). If the sidewalk on the western side of Avenue. of Champions remains, it will connect to an existing sidewalk to the south of the site (which continues into PGA National), and will connect to the future sidewalk to the north along PGA Boulevard., which will be built when PGA Boulevard is widened from two lanes to four lanes. Police Department In a memorandum dated May 8, 2001 (see attached), Lt. Jay Spencer states that the Police Department opposes the elimination of the sidewalk, because removal of the sidewalk would reduce pedestrian safety. City Engineering In a memorandum dated May 9, 2001 Zsee attached), City Engineer Sean Donahue states that City Engineering does not support the removal of the sidewalk. To date, no objections have been received from the following departments and agencies: Building Division, Fire Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Palm Beach County School District, Northern Palm Beach County Improvement District, South Florida Water Management District, Waste Management, and Florida Power & Light. GROWTH MANAGEMENT RECOMMENDATION It is the position of staff that the applicant has not provided adequate justification for the waiver. Staff is concerned that granting such a waiver will set a very undesirable precedent for other developments, and endanger pedestrian safety. Therefore, staff recommends DENIAL of the applicant's request for approval of a waiver from Section 256 of the City's LDRs, which would allow the applicant to remove a majority of the sidewalk along the western side of Avenue of Champions, where it abuts the PGA Office Center site, and extends to PGA Boulevard. 0 3 City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 PLANNING & ZONING RECOMMENDATION At their June 12, 2001 meeting, the Planning and Zoning Commission reviewed this petition to remove a majority of the approved sidewalk abutting the site and extending north to PGA Boulevard. The Commission voted 4 — 2 to recommend approval of the applicant's request to not provide most of the approved sidewalk. Commissioner John Glidden was unable to attend the meeting, but faxed his comments regarding the applicant's request (see attachment). g /john: misc0023.cc • 1* 4 0 • City Council Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 EXISTIN EXISTING USE ZONING LAND USE Subject Property Professional Office (PO) Professional Office (PO) PGA National Office with a-Planned Community Center District (PCD) overlay North Golf (G) with.a Planned Golf (G) Golf Course /Lake Community District (PCD) overlay South Golf (G) with a Planned Golf (G) Golf Course /Lake Community District (PCD) overlay West Golf (G) with a Planned Golf (G) Golf Course Community District (PCD) overlay East General Commercial Commercial (C) Shoppes on the Green (CG -1) with a Planned Residential Medium (RM) Community District (PCD) overlay Glenwood in PGA National Residential — Medium Density (RM) with a Planned Community District (PCD) overlay 5 July 11, 2001 RESOLUTION 85, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PGA OF AMERICA FOR AN AMENDMENT OF A PREVIOUSLY- APPROVED SITE PLAN BY GRANTING A WAIVER FROM SECTION 256 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS), IN ORDER TO DELETE PORTIONS OF THE APPROVED SIDEWALK ON AVENUE OF CHAMPIONS, ADJACENT TO THE PGA OFFICE CENTER, AS MORE PARTICULARLY DESCRIBED HEREIN, AND TO DELETE CONDITION #6 IN RESOLUTION 145, 1999, WHICH REQUIRES THE APPLICANT TO EXTEND ITS SIDEWALK FROM THE NORTHERN LIMIT OF ITS PROPERTY TO PGA BOULEVARD; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC -00- 23) from PGA of America for approval of an amendment to the previously- approved • "PGA Office Center" site plan, located on the west side of Avenue of Champions, approximately' /4 mile south of PGA Boulevard, as more particularly described in Exhibit "A "; and WHEREAS, said amendment'will grant a waiver from Section 256 of the City's Land Development Regulations, to delete portions of the approved sidewalk adjacent to the "PGA Office Center' site; and WHEREAS, said amendment will delete condition #6 in Resolution 145, 1999, which requires the extension of the sidewalk from the northern limit of the "PGA Office Center" site, located at 300 Avenue of Champions, to PGA Boulevard; and WHEREAS, the 10.11 -acre "PGA Office Center' site is currently zoned Professional Office (PO) with a Planned Community District (PCD) overlay, and a future land use of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and forwarded its recommendation the Planning and Zoning Commission; and WHEREAS, on June 12, 2001, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waiver. • Resolution 85, 2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "PGA Office Center" site plan, located on the west side of Avenue of Champions, approximately '/ mile south of PGA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, thereby granting a waiver from Section 256 of the City's Land Development Regulations, to delete portions of the approved sidewalk adjacent to the "PGA Office Center' site. SECTION 2. Condition #6 in Resolution 145, 1999, which requires the extension of the sidewalk from the northern limit of the "PGA Office Center' site, located at 300 Avenue of Champions, to PGA Boulevard, is hereby deleted. SECTION 3. The following waiver is hereby granted with this approval: 1. Sidewalks — Section 256, which requires sidewalks on both sides of streets, to allow for the removal of portions of the sidewalk on the west side of Avenue of Champions. SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Site Plan by Alan Strassler Architects, Inc. and date stamped (April 3, 2001) into the Planning and Zoning Division, sheet 2.1. 2. Tree' Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 1 of 3. 3. Ground Cover /Shrub Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 2 of 3. 4. Contour Plan by Cotleur Hearing and date stamped (December 26, 2000) into the Planning and Zoning Division, sheet 3 of 3. SECTION 5. All resolutions or parts of resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this resolution are hereby repealed. SECTION 6. This Resolution shall be effective upon adoption. 0 2 • PASSED AND ADOPTED THIS 2nd DAY OF AUGUST 2001. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK • VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO gfjohn: misc0023.res • Resolution 85, 2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT 3 • • • Resolution 85, 2001 Meeting Date: August 2, 2001 Date Prepared: July 11, 2001 Petition MISC -00 -23 EXHIBIT "A" NORTH PARCEL DESCRIPTION: (P.GA OF AMERICA) A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 42 SOUTH, RAKE 42 EAST, CITY OF PALM BEACH GARDENS. PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF CURVATURE OF THE WESTERLY RIGHT -OF -WAY OF AVENUE OF THE CHAMPONS LYING 418 FEET. MORE OR LESS, SOUTH OF THE NORTH LINE OF SAID SECTION 10 (ALSO THE CENTERLINE OF PGA BOULEVARD) AS SHOWN ON PGA, RESORT COMMUNITY PLAT N). 1 AS RECORDED W PUT BOON 36, PAGES 198 -200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. fLORIOM 1WHCE NOV30'41'E ALONG SAID WESTERLY RICER -OF -WAY FOR 107.34 FEET, THENCE S24'S8'381V FOR 51.42 SET- THENCE S6536'D91Y FOR 39.79 FEET; THENCE N44'51'581W FOR 66.61 FEET; THENCE N06- 24 -18-E FOR 33.14 FEET; THENCE N67'31'35 W FOR 18.23 FEET; THENCE SBT28'101W FOR 159.86 FEET; THENCE S4019'211Y FOR 144.92 FEET; THENCE S6C53'27'W FOR •120.32 FEET; THENCE H7700'05W FOR 33.53 FEET; THENCE S76- 13.20 -Y FOR 29.01 FEET; THENCE S25'12'06'W FOR 136.19 FEET; THENCE S1757'2O'W FOR 83.89 FEET 1HENC,E S3T37'40' FOR 66.27 FEET; THENCE SI1'29'32'E FOR 39.79 FEET TO A LIEF 767.12 FEET SOUTH OF AND PARALLEL WITH THE SAID NORTH TINE OF SECTION 10; THENCE S8827'031 ALONG SAID LIE FOR 518.82 FEET TO :A POINT ON A NON - TANGENT CURVE CONCAVE TO THE EAST. FIAVING A RADIUS Of 362.00 FEET, WHERE THE RADIAL LINE BEARS S7623'17T; U04CE NORTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 2933'31' FOR 180.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 116.00 FEET; THENCE NORTHEASTERLY KONG SAID CURVE TO THE RNIR THROUGH A CENTRAL ANGLE OF 19'52'50 FOR 40.25 FEET TO THE SAID YILSILNLY RIGHT -OF -WAY OF AVENUE OF THE CHAMPIONS, BEING A NON- TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2640.00 FEET. WHERE THE RADIAL LINE BEARS N8475S53 W. THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WRH THE WESTERLY BOUNDARY OF A PARCEL OUR CLAIMED BY OFFICIAL RECORDS BOOK 5027. PAGE 1497 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORID/- THENCE NORTHERLY ALONG SAID CURVE 70 THE LEFT THROUGH A CENTRAL ANGLE OF 03'35'26' FOR 165.44 FEET TO THE POINT OF BEGINNING. CONTAINING 5.000 ACRES. MORE OR LESS. SOUTH PARCEL DESCRIPTION: (PGA SALES CENTER) A PARCEL OF LAND LYING W SECTION 10, TOWNSHIP 42 SOUTH, RANGE 42 EAST. COY OF PAW BEACH GARDENS, PALM BEACH COUNTY FL.OROk BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMERCE AT THE NORTHEAST CORNER OF TRACT A -1 AS SHOWN ON "P.CA RESORT COMMUNITY PLAT NO. I% AS RECORDED W PUT BOOK 36. PAGES 198 THROUGH 200 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID PONT ALSO BEING COINCIDENT WITH THE WESTERLY RIGHT -DQFAY LINE OF AVENUE OF THE CHAMPIONS AS %OWN ON SAID PLAT; THENCE S01'30'41'W ALONG SAID RIGHT -OF -WAY FOR 91.98 FEET TO THE POINT OF CURVATURE OF A 0JRVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2640.00 FEET; THENCE SOUTHERLY. ALONG SAID WESTERN RICER -OF -WAY, TO THE RIGHT THROUGH A CENTRAL ANGLE OF 152158' FOR 846.25 FELT TO THE SOUTHERLY BOUNDARY OF SAID TRACT A -1 TWO THE POINT OF BECOMING; THENCE ALONG THE BOUNDARY OF SAID TRACT A -1 FOR THE FOLLOWING COURSES: 8870551Y FOR 94.84 FEET: THENCE S8748'24'* FOR 103.82 FEET; THENCE W45-WOO -W FOR 5174 FEET: THENCE 576-56.41 -W FOR 80.38 FEET. TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING RADIUS OF 59.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 97 10' 11' FOR 9491 FEET TO A POINT OF TANGENCY; THENCE N10' 53' 08-V FOR 8109 FEET TO THE POINT OF CURVATURE OF A CLINE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 29.00 FEET; THENCE WESTERLY ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 8530'36' FOR 4227 FEET. THENCE 1D4'2S44 W FOR 334.65 FEET TO A LINE LWV 767.12 FEET SOUTH OF AND PARALLEL WEAR THE NORTH RAE OF SAD SECTION 10. 1FEHCE ALONG SAID PARALLEL LINE, AND OEPAM NC SAID BOUNDARY OF TRICE A -I, S8827'031E FOR 486.08 FEET 10 A NON -VJWff CURVE CONCAVE TO 7HE FAST. HAVING A RADIUS OF 362.00 FEET WHERE THE RADIAL TIE BEARS SIS23'IM THENCE SOUTHERN ALONG SAID CURVE TO THE LEM THROUGH A CENTRAL ANGLE OF 4'34'30' FOR 2IL90 FEET TO A POINT OF COMPOUND CURVANIE WITH A WRVS CONCAVE TO THE FAST HAVING A RAM OF 346.00 FEETI THENCE SCRHERLY ALONG SAID CURVE TO THE LEFT DIRCKHI A CNTWAL ANGLE OF 18' 11' 42' FOR 109.88 FEET M A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE EAST HAAW A IR1= OF 146.00 FEET. THENCE WUONEALY ALONG SAO CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34'21'01' FOR 8733 FEET TO THE PONT OF REVERSE CURVATURE HAVING A RAM OF 50.00 FEET. SAID POINT BEING ON THE WESTERLY BOUNDARY OF A PARCEL OUR CLAMED PER OFFICIAL RECORDS BOOK 5027, PAGE 1497 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; nAvm& MICE SOUTHERLY, ALONG SAID CURVE AND SAID WFSILmY BOUNDARY, THROUGH A CENTRAL ANGLE OF 57'22'28' FOR 50.07 FEET TO A POINT ON THE ARC OF A OAK CONCAVE TO THE WEST, IIH06E RADIUS BEARS N75WWV FROM SAID PORT. BEING ON THE EASiMY BOUNDARY OF SAID TRACT A-1. 1K LAST rdU DESCRIBED COURSES BEING COKIOEW WTTH THE WIL ALLY BOUNDARY OF A PARCEL MUTT CAWED PER OFFICIAL RECORDS BOOK 5027, PAGE 1497 OF THE PUBLIC RECORDS OF PAW BEACH COUNTY FLORDA; THENCE SOUIHERIY ALONG SAD CURVE AND SAID EASTERLY BOUNDARY, THROUGH A CORRAL ANGLE OF 500'41, FOR 230.91 FEET TO THE PORT OF BEGINNING. (CONTAINING 5.107 ACES, MORE OR LESS.) SAID (ANDS SENATE, LYING AM BEING W PAW BEACH COUNTY FLORIDA SUBJECT TO ALL PIRDNEHT MATTERS OF PUBLIC RECORD. TOTAL ACREAGE. 10.107 ACRES, MORE OR LESS. r� 11112/99 RESOLUTION 145, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 93, 1979 BY AMENDING THE SITE PLAN TO ALLOW FOR THE ADDITION OF A 60,000 SQUARE FOOT OFFICE BUILDING AND THE DEMOLITION OF THE 5,495 SQUARE FOOT SALES CENTER, GENERALLY LOCATED WITHIN PGA NATIONAL ON THE WEST SIDE OF AVENUE OF THE CHAMPIONS, APPROXIMATELY '/. MILE SOUTH OF ITS INTERSECTION WITH PGA BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PGA Headquarters was originally approved pursuant to Resolution 93, 1979 as a Planned Unit Development; and WHEREAS, PGA Headquarters was subsequently amended by Resolution 67, 1989 and Resolution 33, 1986 which approved the sales center and abandoned the requirement for a PGA Halt of Fame; and WHEREAS, the City has received a. petition from PGA of America to approve a site plan amendment to allow for the addition of a 60,000 square foot office building and the demolition of the existing sales center, and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Land Development Regulations and consistent with the Citys Comprehensive Plan; and WHEREAS, the City's Site Plan Appearance and Review Committee has recommended approval of the PGA Headquarter$ site plan amendment with several conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens 4 hereby approves an amendment to Resolution 93, 1979 amending th a pl=Vfg addition of a 60,000 square foot office building at the PGA of Amed lead fQl � Resolution 145, 1999 Page 2 of 5 located within PGA National on the west side of Avenue of the Champions, approximately % mile south of its intersection with PGA Boulevard. SECTION 2. Approval of the site plan amendment is based upon compliance with the following conditions of approval: 1. Prior to construction plan approval, the applicant shall submit a letter of authorization from the utility owner allowing landscaping and paving over existing utility easements. (City Engineer, City Forester) 2. Prior to construction plan approval, the applicant shall revise the site plan to include 8 (eight) handicapped parking spaces. (Development Compliance Officer) 3. Prior to issuance of first building permit, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. (City Forester) 4. The applicant shall submit a parking phasing schedule for staff approval, to ensure that adequate parking will be available for all employees during construction of the proposed office building. (Code Enforcement) 5. All roof -top mounted equipment shall ,be fully screened from the view of all public rights -of -way. (Code Enforcement) 6. The sidewalk'along the west side of the Avenue of the Champions shall be extended to PGA Boulevard in conformance with engineering and FDOT standards. (City Engineer) 7. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 8. No medical uses shall be permitted on this site (Planning & Zoning, Code Enforcement) 9. No exterior building lighting shall be used on the west side of posg ' ding. (Code Enforcement) �, 'r oil An M" �N,NG ■ Resolution 145, 1999 Page 3 of 5 10. The applicant shall utilize Sherwin - Williams `Orange Blossom' (SW 2324) or equal as the exterior color on that portion of the building which is not white. (Development Compliance Officer) 11. The berm on the west side of the building shall be built at a minimum height of 22' NGVD ans shall be continuous. (City Forester) 12. The berm on the west side of the building shall be inspected by City staff both upon installation and planting. (City Forester) . 13. The applicant shall provide to the PGA Property Owners Association a separate grading plan, shrub planting plan, and tree planting plan prior to the issuance of a building permit. (City Forester) 14. Additional buffer plants a minimum of 24" high at planting shall be added to the area between the berms near the southeast corner of the site. (City Forester) 15. If required by the property owners association, the applicant shall reduce the patio size by up to 20' to allow for an increase in the height of the berm on the west. (City Forester) 16. Any gaps in the shrub plantings near the southwest corner of the site shall be blocked by additional shrub plantings. (City Forester) 17. The applicant's landscape plans shall be modified to reflect the changes referenced herein and to increase the spacing on the crotons to 2' o.c. and on the ilex to 18" o.c. (City Forester) SECTION 3. The following waivers are approved: 1. Waiver from Section 118 -569 "Number of loading spaces required ", which requires 3 loading spaces for businesses between 50,000 s.f. and 100,000, to allow 2 loading spaces,for the proposed 60,000 s.f. building. 2. Waiver from Section 110 -2 "General regulations and restrictions and prohibitions ", which limits the number of flags and flag poles to three per site, to allow a total of seven flags. 3. Waiver from Section 98-66 "Non - residential districts" amount of sod in nonresidential districts to no mor an 40% landscape area, to permit 66% of the landscape area &� �!e l6 � i e 0 Resolution 145, 1999 Page 4 of 5 SECTION 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 1, 1999 Site Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.1. 2. November 1, 1999 Site Lighting Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.2. 3. November 1, 1999 Phasing. Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.3. 4. November 1, 1999 First and Second Floor Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 5. November 1, 1999 Exterior Elevations by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 4.1. 6. November 1, 1999 Roof Plan by by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 7. May 25, 1999 Boundary Survey by Messier & Associates, Sheet 1. 8. November 22, 1999 Landscape Plan by Cotleur & Hearing, Sheets 1 & 2. 0 SECTION 5. This.Resolution shall be effective upon adoption. �PRr pie it �N�kC • INTRODUCED, PASSED AND ADOPTED THIS fe/lb, ATTESTED BY: KNOA KOSIER, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK gAshod rangelsp9910.re2d0c awl • Resolution 145, 1999 Page 5 of 5 l /l v v ROSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ANDREW PINEIRO, CITY ATTORNEY AYE NAY ABSENT DD�16 �9g j�H HG S PROJECT NARRATIVE PGA NATIONAL OFFICE CENTER December 22, 2000 Request This is a request for approval of a Miscellaneous petition to grant a waiver from Section 256 of the City Code which requires a five -foot sidewalk on both sides of a subdivided street. This site is a 10.11 acre tract located on the west side of the Avenue of Champions, at the entrance into the PGA National Resort. The site plan was approved on December 2, 1999 by Resolution 145, 1999 and is near its construction completion. The petitioner requests to delete a portion of the approved sidewalk location and to provide connectivity to the south of the office center with the adjacent office and commercial uses, by proposing a sidewalk crossing on Avenue of Champions south of the rotary. As a result of this modificaion, there are no modifications to the buildings, landscape design, parking areas, or internal circulation on this site. The developer is in compliance will all conditions of the approval of the PGA National Resort PCD and the proposed modification is in compliance with all environmental ordinances of the City of Palm Beach Gardens. In addition, development of this parcel is in conformance with the approved Master Plan and this site is in full compliance with the existing Drainage Management System in place within the PCD. • PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppea On The Green 7100 fairway Drive. Suite 29 Palm Beach Gardens, Modda 33418 :TONE FACSiMILF .9.2800 (561) 622 -6324 November S. 2000 Mr. Andrew Deitz VIA FACSIMILE: 886 -SS53 RE: PGA OF AMERICA SIDEWALK ON THE WEST SIDE OF AVENUE OF THE CHAMPIONS Dear Andraw: As we discussed pnaviously, PGA Property Owners Associations objects to the sidewalk being placed in front of the PGA of America Headquarters building_ The Architectural Review Cornmidee rioted this abjection when the plans were reviewed In September. 1999. The ARC's September 28. 1999 totter (item #8) states, "POA ARC to opposed to sidewalks along Avenue of the Champions, both north and south of the entry to PGA Headquarters'. The objections am a result of the following concerns: > The sidewalk does not tic in to a sidewalk south of PGA of America's property, nor does It tie into a sidewalk along PGA Boulevard. D A sidewalk-already exists on the east side of Avenue of the Champions (which does tic into the PGA Blvd sidewalk). The POA feels that another sidewalk an the opposite side of Ave. of the Champions is not necessary. >- A sidewalk exists we# south of the PGA of America property and south of the Communications Center ('guardhouse) on the went side of Ave_ of the Champions. this sidewalk allows pedestrians to cross Ave. or the Champions in an area where it Is safe to do so. It allows ppc�ddestrisn: to continue up Avenue of the Champions or dawn Fairway Drive on exIsung sidewalks. A storm sewer (catch basin) exists In the path of the proposed sidewalk just past the south and of the PGA of America property. The catch basin to between the street and the stone wall bridge, ieaving inadequate space to bring the sklewaik through that area. D The proposed sidewalk abuts the street and the POA is concerned that walkers could be In danger from vehicles traveling into PGA National and trying to merge with traffic around the rotary (traffic chde), These drivers may not be paying adequate atterdion to pedestrians in this ema. 1, 7o The irrigation main line for" common `mess runs along the west side of Avenue of the Champions and the skLawalk would cause the relocation of the mainline In an ame which is not vide enough to acoommodatS 1t. D There are no destins41on points north of PGA of ArnarkxWo building which are n already being served by an eAsting side calk. i Y C -! DO NOT REMOVF FILE COPY PLANNING & 7ONTi11r; nTVTCrnM • D Businesses are located to the east, across Ave. of the Champions, where ample sldewaXlm alreedy exist. IF the concern is for possible future business access on the opposite *Ida of PGA Blvd, the axistins sidewalk on the east aida of Ave. of the Champions would better serve pedestrians. p Finally, nowbare else in PGA National were sidewalks required on both sides of the street_ As stated over a year ago, PGA Property Owners Association is strongly opposed to a sidcme(k on the west old* of Avenue of the Champions. Sincerely. Ralph Infanti, Director, on behalf of PGA Property Owners Association Board of Governors 11 • DO NOT REMQVE FILE COPY PLANNING & ZONING DIVISION • PGA PROPERTY OWNERS ASSOCIATION, INC. PHONE. (561) 627 -2840 7100 FAIRWAY DRIVE, SUITE 29 FAX: (561) 622 -6 124 PALM BEACH GARDENS, FL 33418 MEM0RAIYDUlM DATE: October 11, 2000 FEOM: Dawn Levirude(n, CAM an Behalf of the PGA POA Board of Govemore and Amtkoc Ural Review Committee RS- PGA POA — PGA OF AMERICA SIDEWALK "M! J. Kansan — City of Palm Bends Gardens VGa F9IC 7994232 The Board and ARC of PGA Properly Owners Association have asked me to contact you. When PGA of Arnerka submitted their applicatjon for a new building to the POA Archttecturai Review Committee, the ARC requested that they aS j conduct the sidevmlk in front of the sits. It is our understanding that the City nKpAred the sWewalK: nowever, it would be a sidewalk to and from nowhere where there are already sidewalks an the opposite alde of the street. Throughout PGA, sidewalks typically occur on one aide of the street only. There is presently a walk along with west, side of Avenue of the Champions but it is quite a ways south of the PGA of America property and it crosses to the east skid just south of the Comm Center (whore pedestrians are safe ftom trstflc at the notary ). The sidewalk continues on the east side of Avenue of the Champions then goes stastefty along the south side of Fairway Drive. The POA'a krigation main runs poraltel to Avenue of the Champions in the area where the sidewalk is being required. Moditt9 the sidewalk or the main line would be difl"rc k due to the bemza and extensive landscaping in the area. There is elan a atone bridge and retch basin ekmg the very nermw section opposite the Comas Camber where it would be dWicult to 'tie W the (sidewalk fiom the and of PGA of AmetrieWs property to the location where the presets walk ends and dosses Ave. of the Champions. Because the sidewalk an the west side of Champions ends south of the Comm Center, anyone wishing to continue atraight waudd hays to walk along the Areas or in the streat to continue north to the walk being required its front of PGA of America. There is o sidewalk on the area( side of Avenue of the Champions north of Fa irwaty Drive which tier into the sldewa (k on PGA Blvd (seat crAve of the Champitma) the owners of Fairway Office Paris were required to construcL . Sine there is no sidewalk on PGA Blvd weet of Ave of the Champions, Me walk In ftnnt of PGA of America would go nowhere. While we undet-6wnd the City`e requiremorA based an reviewing only the plans, we believe that the field conddtdons do riot his* a MGM* in front of PGA of America. We therefore respectfully nequast that the City negate the requirement for a sidewalk on the west side of Avenue of the Champions. N this matter is now out of your jurisdictions, would you p lease forward this memorandum to the proper patty or department? Thank you for your conalderaWn. Cc: A. QeftZ. P6A POA ARC & Board O E FILE CO t N pL,1NNING & ZONIN � � /-q Mark Hendrickson, City Forester Sean Donahue, City Engineer Tracy Robb, NPBCID Paul Vandenberge, Waste Management . Jeanne Mills, PBC School Board Bruce Gregg, Seacoast Utilities James Schnelle, City Environmental Consultant Jon Iles, Public Works Jack Doughney, Asst. to the City Manager Sheryl Stewart, Asst. to the City Manager Kelvin Wise, Code Enforcement Leonard Rubin, City Attorney Richard Huff, Florida Power & Light cc: Charles Wu, Growth Management Director Steve Cramer, Principal Planner Karen Craver, Principal Planner James FitzGerald, Police Chief Carol Gold, City Clerk Hoyt Owens, Public Works Director gljohn: misc0O4&dre.note.nomeet • Page 2 of 2 � 0 • • Interoffice Memorandum To: Planner John Lindgren From: Lieutenant Spence Date: 5 -8 -01 Subject: PGA Office Center Sidewalk: Waiver From the Sidewalk Requirement To provide maximum pedestrian safety, the police department recommends that the approved site plan for the PGA Office Center Sidewalk adhere to city code. cc Chief FitzGerald CPD JL( INC Su.'nm aVIL ENGINEERS. SURVEYORS & MAPPERS CML AGRICULTURAL WATERRESOURC ES TER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Tamers For Results Value By Design" S.W. Corporate Pkvy. Palm City. FL 34990 (561) 286.3883 Fax (561) 286 -3925 w w bfh com MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E. DATE: May 9, 2001 FILE NO. 99 -4074 SUBJECT: PGA National Headquarters Office Building- Sidewalk We have reviewed the miscellaneous approval application for the referenced project prepared by Urban Design Studio received on May 4, 2001. The applicant has proposed to delete a portion of a sidewalk from the project. The sidewalk originally was proposed to start from the northwest corner of the intersection of the project driveway and Avenue of the Champions and continue north along the west side of Avenue of the Champions. Section 256 of the City's Land Development Regulations (LDRs) requires 5 -feet wide sidewalks to be provided on both sides of all streets in a subdivision. We support the City's LDRs. scoi cc: Steve Cramer Karen Craver P:TR0JECTSTBGMEM0W07444074u Jun 12 01 09:21a Lisa 5617684 -6890 P.1 01y of P.Q. Gap� anning Zoning Commission Meeting Y't${ls 12, 2001 12 MANACEMENT two miles west of the Florida Tur. DEPARTMENT Project Manager — Talal Benothm, Email Thenothman@ci.palm beac Post -it' Fax Note 7671 V( L (CoMePt. Co J P ``Phone Y j' Fax a 8. Recommendation to City Council Petition SP- 01 -12: Mirasol Parcel 8. IDaIy ii 1 fl pages From .kn CrI t den IC o. C) (--y Phone �Faxr Anne Booth, of Urban Design Studio and as agent for Taylor - Woodrow Communities Inc., is requesting site plan approval for 35 custom single - family dwelling units in Parcel 8 of the Mirasol Planned Community District, with a proposed density of 3.08 dwelling units per acre. The 16.5 -acre site is located on the westem edge of Mirasol, approximately one mile northwest of the intersection of Jog Road and PGA Boulevard. (4-41S-42E) Project Manager - Ed Tombari (799 -4299) Email Etombari,a,ci.palm- beach- gardens.fl.us 9. Recommendation to City Council Petition MISC- 00 -23: PGA National Office Center Sidewalk Waiver Henry Skokowski, of Urban Design Studio and as agent for E. Llwyd Ecclestone, Jr., is requesting approval of a waiver from Section 256 of the City's LDRs that requires sidewalks to be located on both sides of roadways. The requested waiver is to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center. The 10.1 -acre site is on the west side of Avenue of Champions, approximately' /. mile south of PGA Boulevard. (10- 42S42E) Project Manager - John Lindgreir (799 -4235) Email JlindpXen@,ci.palm-beach-gardens.tl.us 10. Workshop Petition CU -00 -03: Temple Beth David Larry Winker, agent for Northern Palm Beach County Jewish Community Center, Inc., is requesting Conditional Use Amendment (CU) approval for Temple Beth David. The 5.0 -acre site contains an 8,308 square -foot facility. The applicant proposes to increase the square footage by 21,787 square feet. The proposed building is 1,991 square feet smaller than what was previously approved by the City Council in July 1997. The site is located on the north side of Hood Road, halfway between Military Trail and Central Boulevard (36-41 S -42E). Project Manager — Kara Irwin (799 -4236) Email Kirwinpci.pahn- beach- gardens.fl.us -- As eon- L1 o ft �+ -tom 19P c�l�v jAkAV5,1 :..�.. ^� ..�. tw '1' ..••- •s.- [i_`'r ')1°`... r.i a:..M tieir_t+:t. ��"`TI ..-.• i'�" 1 5�::.5..:.+ �. tl t- .ii '1 i.?.%,i 1't; ... 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V) Si 1 ! ►may .-g � r c9 i � i a� r v i I • o r to or LU il' Yi w • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 06/25/01 Meeting Date: 07/05/01 Subject/Agenda Item Resolution 116, 2001, Appointinq Holly Luzader to the Board of Trustees of the General Employees' Pension Plan. Recommendation /Motion: Consider a motion to approve Resolution 116, 2001 Reviewed by: Originating Dept.: Costs: $ 0 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 ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson Finance Director Affected parties [ ified Budget Acct. #: [ J None Approved by: City Manage [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS • ® MEMORANDUM TO: Ronald M. Ferns, City Manager DATE: June 25, 2001 FROM: Kent R. Olson, Finance Director SUBJECT: Resolution 116, 2001, Appointment to the General Pension Board BACKGROUND The City's defined benefit pension plan for general employees is governed by a Board of Trustees consisting of five members. The City Council appoints two residents to the General Employees' Pension Plan to serve as employer trustees. I currently serve as one of the City Council appointees, but I have resigned effective July 1, thus the Council needs to appoint a replacement. All trustees serve for a three -year term and may succeed himself or herself. DISCUSSION We have only one application from a resident (Holly Luzader) who is interested in serving on a pension board. Holly currently serves as our Assistant Finance Director. I have spoken to Holly about the duties of the Trustee and believe she will make an excellent choice to fill this vacancy. Resolution 116, 2001, provides for Ms. Luzader's appointment to the General Employees' Pension Board. RECOMMENDATION Staff recommends adoption of Resolution 116, 2001, appointing Holly Luzader to the Board of Trustees for the General Employees' Pension Plan. • 0 RESOLUTION 116, 2001 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS GENERAL EMPLOYEES' PENSION PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3 -128 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Board of Trustees of the General Employees' Pension Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, Holly Luzader is hereby appointed as a member of the Board of Trustees of the General Employees' Pension Plan for three (3) years, which term of office shall expire on July 5, 2004. Section 2. This Resolution shall be effective immediately upon its adoption. INTRODUCED, PASSED AND ADOPTED this 5th day of July, 2001. ATTEST: CAROL GOLD, MMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL _Agenda Cover Memorandum Meeting Date: August 2, 2001 Date Prepared: July 5, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 119, 2001 re- appointing two (2) members to the Art Advisory Committee. RECOMMENDATION Staff recommends that the City Council approve Resolution 119, 2001. Reviewed by: Originating Dept.: FINANCE: NA Art Advisory G wth Management: Committee Principal Planner V10 Recommendation: Karen M. Craver, A 0 Costs: $ Project Total [X] Approved City Attorney Manager [ ]App. w/ conditions l Kara Irwin $ [ ] Denied Finance N!� [ ] Current FY Rec. approval Human Res. NA [ ] Rec. app. w/ conds. Funding Source: [ l Rec. Denial [ ] Continued to: Submitted by: Attachments: Advertised: t [ ]Operating Growth Date: [X] Other NA • Resolution 119, 2001 Managrt � � , I I •David Miller's Directo _ /fr ,tctn. Pa p er: Resume Charles K. Wu, AICP • Raymond Katfs [X] Not Required Budget Acct. #: Resume (Alternate) Approved by: NA • Cynthia Grey's City Manager Affected parties: Resume 1e [ ] None [X] Not Required REQUEST Pursuant to Chapter 106, "Public Places ", Section 106 -28, Art Advisory Committee, there are five regular members and two alternate members on the committee, who shall serve for terms of three years. According to City records, the terms of one regular member and one alternate member expired on June 12, 2000. The proposed resolution is to appoint Art Advisory members whose terms have expired. On June 28, 2001, the Art Advisory Committee recommended the re- appointment of the two 0 members whose terms had expired (Cynthia Grey and Raymond Katz). Ms. Grey was originally appointed on November 20, 1997, and has served on the Committee for almost 4 years. Mr. Katz .1 City Council Meeting Date: August 2, 2001 Date Prepared: July 5, 2001 was originally appointed on November 21, 1999, and has served for almost 2 years. The committee also reviewed the application of David Miller, a prospective applicant, but decided to reappoint the two members, Ms. Grey and Mr. Katz, who had expressed the desire to continue to serve on the committee. • 0 2 -1 n • C� July 17, 2001 RESOLUTION 119, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE REAPPOINTMENT OF ONE (1) REGULAR MEMBER AND ONE (1) ALTERNATE MEMBER TO THE ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS; AND . PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 106 -28 of the City of Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Art Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances, (regular member) and (alternate member) are hereby appointed as members of the Art Advisory Committee of the City of Palm Beach Gardens, Florida, for 3 -year terms, which term shall expire June 6, 2004. SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2001. ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO MAYOR JOSEPH R. RUSSO NAY ABSENT • • City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISOR Please print in Black Ink /� /�� Board(s) Applied for: Ar fJ t V c� Name: (Print) T�� uA 'S • (kl.L t e'r- S E 000 Office J Telephone: Day SW `817( Evening Sari �',cc.�,�•��n Home Address: 7916 How long have you been a resident of Palm Beach Gardens? LiFS.Palm Beach County? Current Employer: -1 —. Position: 8•-ms 14- $ Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) I SO: S Educational Background A r-It,� c Community Activities (Include offices held and committee service) /� , b'grdiS� � 1,� sd'� lxe–. Aei- 4 !� et"o55 (�r.Qi� Signature 4.u� Date Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military. Trail, Palm Beach Gardens, Florida 33410. Adar. Inc. 7816 Steeplechase Drive Palm Beach Gardens. FL 33418 0 -Zr (581) 848 -0171 FAX (561) 848 -7816 DAVID MILLER VITA Member: International Society of Appraisers; Appraisers Association of America, Inc; American Society of. Appraisers; Better Business Bureau (by invitation). Cofounder P.B. Council of the Arts, Art in Public Places Committee, 1981 Ass't treasurer, Performing Arts Center tax campaign, P.S. County, 1982 Treasurer, Tourist tax campaign, P.B. County, 1982 Chair, Sunfest Arts & Crafts, W.P.B., 1983 Chair, Boca Raon Art Mus. auction, 1985 Chair, P.B. Red Cross Auction, Art, 1985 -89 Chair, Works of Art Comm.. Boca Raton Art Mus., 1987 Nat'l. Advisory Board, Adam Walsh Child Resource Centers, 1988 -91 Cofounder N.P.B.'s Chamber of Commerce Public Art Committee, 1989 Cochair, P.B.G. City Art Advisory Committee, 1989 -90 Chair, Special Gifts, P.B. Red Cross Auction, 1990 -91 Cochair, Artigras Art Show, P.B.G., 1990 -91 Palm Beach County Courthouse Art Advisory Committee 1999 - Palm Beach International Airport Art Advisory Committee 1995 - Director: Sande Gallery, NYC, 1973 -75 Sculture Now, NYC, 1975 -77 Irving Galleries, Palm Beach, 1977 -80 Art Investors, Int'l, W.P.B., 1980 -90 Adar, Inc., 1990 - Exhibitions Coordinator, Palm Beach Community College Museum, 1994 -98 Founding Coordinator, A.X. Triudade Museum, Goa, India, 1993 - Chairman, Exhibitions Committee, PBCC Art Gallery, Eissey Campus, 1994 -97 P.B. Int'I Airport Art Comm. P.B. County Courthouse Art Comm. Art Advisor to: Palm Beach County Council of the Arts, 1980 - present The Axmar Investment Co., NYC, 1980 -90, Art Advisor Boca Raton Museum of Art, 1980-86, Board of Directors Barnett Bank of P.S. County, 1984,90 ,Art .V.k i.s r Wolff, Block art collection, W.P.B., 1985 National Development Co., W.P.B., 1985, Art Founding Chair, Northwood Institute Art Advisory Council , 1985 Ballet Fl. 1985 -87, Board of Directors WXEL Auction, 1986, Act (h3irt!sn P.B. Trustees, A. Philharmonic, 1986 -90 Executive Comm., Boca Raton Museum of Art, 1987 Secretary and Trustee, Ann Norton Sculpture Gardens, W.P.B., 1988 -90 Chair, Nominating Comm., Boca Raton Art Mus., 1989 Shapiro & Bregman art collection, W.P.B., 1989 Island Nat'l Bank, P.B., 1989-90, 'art pr.h � Greenberg Traurig, West Palm Beach & Boca Raton, 1998 Sunbeam Cprp, Ilelray beach /Boca Raton, 1998 -99 • • 0 American Red Cross, Palm Beach County Chapter, 1991 Honorary Board, Boca Raton Museum of Art, 1991 - Biographee: Who's Who in American Art, 1978 - Who's Who in the Southeast, 1990 - Who's Who in America and Int'I. Who's Who, 1992 - Advisor: Arts Magazine, NYC, 1986 -90 Participant: First "Art Law Seminar ", NYC, 7/87 ,Juror: David Miller Vita pg. 2 , Board of Directors State of Florida Artist Grants, 1979 Boca Raton Museum 30th Annual Invitational, 1980 P.B. County Council of the Arts, Flagler Museum, 1980 State of Maryland Annual Exhibit, 1983 Boca Raton Museum, Glades Plaza Show, 1983 WXEL Auction '86, Flagler Museum, 1986 Northbridge Center Art Committee, 1985 WXEL Art Auction, 1985 -88 Palm Beach Post Pathfinders College Art Scholarships, 1986-93 Vero Peach Center for the Arts Under the Oft 1998 & Vero Beach Arts Club & Center for the Arts I31enrdal 199:; Martin County Arts Council ArtsFest 1998 & Martin County Arts Council High School Art 1998 Curated: Artigras, NPOC, The Gardens, Palm Beach Gardens, 1999 "Sculpture Now ", Aldrich Museum, Ridgefield, Ct., 1976 "Sculpture Now ", St: Louis Museum of Art, 1977 Akston Monumental Sciulpture, Norton Gallery, W.P.B., 1981 "Akston ", Boca Raton Mus. of Art, 1981 "Two Centuries of American Folk Art", Ritter Gallery, Fl., Atlantic U., Boca Raton, 1984 "Two Centuries of American Folk Art", Touring exhibit, 1985 -87 (Aspen Mus. of Art, Vero Beach Center for the Arts) "Two Centuries of American Folk Art" second touring exhibit, 1987-89 (Sioux City, Davenport, Waterloo, la. and Charleston, W. Va.) Ugo di Portanova, Norton Gallery, W.P.B., 1990 "Stars In Florida ", Ft. Lauderdale Museum of Art, 1992 Ross Collection of Contemporary American Graphics, Court House Cultural Center, S "rt, 1999 $peaker Norton Artist Guild, "Public Art", 1981 WPTV, "Public Art ", 1981 WXEL, "Arts Focus: American Folk Art ", 1984 Barrington Foundation Mus. of American Folk Art, 1984 World Business Council, "Contemporary Collecting Trends ", 1984 "Art In Public Places" Centel (A&Iphia) Cable Television interview 1986 "Art In Public Places" advisor to MacArthur Foundation 1984 -89 Numerous docent exhibition lectures at various museums WXEL Art Auction, 1985 -88 WPTV, "Art Investment ", 1986 Chief Executives Organization, "Art Investment ", 1986 Armory Art Center Ar ial Luncheon, Palm Beach, 1994 Contemporary American Graphics, Northern Trust Bank, Stuart, 1999 Articles Written Bv: David Miller Vita a1.3 Boca Raton Mus. of Art Artplus Magazine, "Lessons from the Spring Auctions ". 1990 Boca Raton Mus. of Art Artplus Magazine, "Major Multiples ", 1991 American Airlines Inflight Magazine, "Lessons form the Spring Auctions ", 1991 "Two Centuries of American Folk Art", Exhibition Catalogue Winner of AAM Honorable Mention, 1984 Palm Beach Polo Annual, "Palm Beach Art", 1985 Forewords to numerous exhibition catalogues "Stars In Florida" 106ibition catalogue, Ft LAuderdale Museum of Art, 1991 -92 Articles Written About: 'Interior Design' Magazine, 1977 'Gold Coast' Magazine, 1983 'Palm Beach Life' Magazine, 1984 'Horizon' Magazine, 1984 'Gold Coast' Magazine, 4/85 'Palm Beach Illustrated', 1985 'Palm Beach Sunday Post', "Public Art", "Arts and Entertainment ", 12/14/86 'Palm Beach Post', "Business Day 1 ", 2/3/86 'P�:.m Beach Post', First "Community Profile ", 4/87 'Palm Beach Post', "Business Day 1 ". "First American Bank Art". 2 and 11 /90 ; 3 / 9 7 Exhibition; [Affanged "Milton Avery% Boca Raton Museum, 1980 "Jose Fabri- Canti', Boca Raton Museum, 1981 "Marisol', Boca Raton Museum, 1988 "Alfred Leslie% Boca Raton Museum, 1989 "Thirty Years of Leo Castelli ", Ft. Lauderdale Museum, 1989. "Modern Master Tapestries", Palm Beach Coamunity College Museum of Art, 1995 Arranged exhibition loan from the Italian Government: "Artists and Artisans of Florence: Works form the Horde Museum ", Dixon Gallery and Gardens, Memphis, Tn., May -July, 1992 Georgia Museum of Art, Sept -Nov., 1992 "American Landscape Paintings from the Georgia Museum of Art ", Palm Beach Commzdty College, 1995 Arranged exhibition loan from Fruili Venezia Regional Italian Government: "I Longobardi ", Norton Sculpture Gardens, W. Palm Beach, Fl., Jan. -Feb., 1993 "Antonio Xavier Trindade: Rembrandt of the Fast ", Georgia Museum of Art, 1995 Organization of The A.X. Trindade Foundation Museum, Goa, India, 1993 - David Miller b. 8/8/47, Kalamazoo, Mi., USA; raised in Winnetka, 11. Ed: New Trier High School, Winnetka, 11. 1965; Attended Junior School, Art Institute of Chicago, 1954 -62 Moholy Nagy School of Design, Illinois Inst. of Technology, Chicago, 1965.67 Ada, Inc. 7816 Steeplechase drive Palm Beach Gardens, FL 33418 -Zr (581) 848 -0171 FAX (581) 848 -7816 Notable Appraisals: Norton Museum of Art, 20th Century Collection, 1979 -80 Barnett Bank of Florida, Palm Beach County Art Collection, 1982 -88 (also advised on formation of collection) Bryua Collection of Modern Mexican Art (largest in USA), 1990 -94 Mayers Collection, Bequest to Boca Raton Museum of Art, 1993 The Edward Broida Collection (largest contemporary in USA) 1993 Referred by: Christiansen & Jacknin, PA Jones, Foster, Johnston & Stubbs, PA Montgomery & Larmoyeux, PA Norton Museum of Art Museum of Art, Fort Lauderdale Boca Raton Museum of Art Vero Beach Center for the Arts Palm Beach County Cultural Council United States Trust Company of Florida, NA Lowe Art Museum, U. of Miami, Coral Gables Jewish Federation of South Palm Beach County Morse Geriatric Center, West Palm Beach State Farm Insurance of Southeast Florida Nordstern Insurance Co, N.A. Chubb Insurance Co, Tampa • AMER /CAN SOCIETY OF APPRAISERS WTIONAL HEADQUARTERS • P.O. Box 17265, Washington, DC 2G041-0265.(703) 47 8-2228 - Fax (703) 7428471 • httpJlwww.appraisers.org A July 14, 2000. Mr. David S. Miller Adar, Inc. 7816 Steeplf Chase Dr Palm Beach Gardens, FL 33418 -7803 Dear Mr. Mi l ler: Member Number 048989 It is a pleasure to inform you that you have passed your Ethics examination for membership in the American Society of Appraisers (ASA). Full Candidate membership status is effective after you have passed the Ethics exam and completed the 15 -hour Uniform Standards of Professional Appraisal Practice (USPAP) course and passed its exam. On behalf of the International Board of Governors, I congratulate you on your achievement and add my own good wishes for your continuing developing in our profession. Sincerely, t Patricia C. Soucy, FASA International Secretary cc: Chapter Membership 046 • • • ft "'4 " W � � O o H v a V � O �O �AA�AISERg � '*0Igo 4 $+ d d u d A Q a "' 84 1 � U O W �+ O O � a W M A y z P4 a� W Wx C3 W �N � .A W a of '*0Igo 4 $+ d d u d A Q a "' r---1 L--A rd i 9not +-f .a .,r .4= 03 trt x w w i.+ CS` Ca a A Ca tf1 ti A O d O u O• a u m IW -a-.r i-d 6b.► 1i E a A �M A w .ta d a Q� 'R1 C� Q m 0 a \ A OT, s a a a x — <aoiCool CO:JL 74101417bY ANNAHLINRIUI PAGE 92 Crud" (trey 2S7 Cypress Point Ddve, Palm Beach Gardens. FL 3341 A S61- 626 -2117 a PRESENT_: Photographer, Videographer, Media Artist, & President of Gynpozium Inc. (non-profit Techno- Cultural organization) EXHIBIT HISTORY 2000 Armory Art: The Art of Photography 1999 Gardens Art Gallery, FL 1996 Fort Lauderdale Public Library, Fl. 1995 Limited Editions Gallery, Say Harbor Fl. 1994 Tropics Video International, Miami Beach Fl. 1993 Electronic Arts Intermix Gallery (NYC) 1991 New York City Women's Video Festival 1990 Hong Kong International Film Festival 1990 Everson Museum, Syracuse, New York State 1988 Los Angeles County Museum, CA 1987 TV South Vanderbilt University (Tenn.) 1987 Cranbrook Academy Of Art Museum (Michigan) 1987 The Henry Gallery, University Of Washington (Seattle) GRANTS & AWARDS 1998 Florida State Council for the Arts (Media) 1997 Florida State Council for the Arts (Media) 1996 Broward cultural Affairs Council (Media Arts) 1996 Florida State Council for the Arts (Media) 1995 Florida State Council for the Arts (Media) 1994 Metro-Dade Cultural Affairs Council (Media Arts) 1993 Florida State Council for the Arts (Documentary) 1992 CPS Program Fund (Documentary) 1991 Syracuse University Synapse Grant PUBLISHED STILL PHOTOGRAPHS City of Palm Beach Gardens, Woodlands Academy, Congress Middle School, Grossman Publishing, Harcourt, Brace, Janvanvich. Laedlaw Brothers, The long Island Press and the Museum of Calvet (Marseilles, France, Summer Festival at Aignon.) VIDEO TAPE & FILM PRODUCTIONS Office of Small Business Palm Beach County, J&L Productions, Video Tape Miami, Channel 17, Metro-Dade Cable, ABC News, Paradise Video. Instant Replay, Keepsake Productions. CPS Documentary Fund, PACE Center for Girls, Woodlands Academy, Gene London Productions, National Children's Film Festival. and Cynpozium Inc., (MEDIA ARTS WORKSHOPS The Safe Schools -After School program at Congress Middle School, Palm Beach Halfway House, North Regional Library, PACE Center For Girls, Woodlands Academy, Rosarian Academy, Metro - Dade Juvenile Justice. Lehrman Day School. and the Caring Foundation The workshops programs have produced two documentaries and two Public Service announcements (PSA). The PSA titled 'Violence In The Classroom' was shown at the National Children's Film Festival which was sponsored by the Miami Youth Museum. U!/ 101 4UU1 4U: Jl 741J 141704 EDUCATON Pratt Imbhile. ftddyr6 N.Y. SyraC m L"versity, Syrewae New York p,$QMSSIONAL AFFILIATIONS I-. `. wflG il�Rl Vfl 1978 Fekmship. Video An 1978-79 pry of Palm Beach Gardens (Art Advisory Committee) Executive Women of the Palm Beaches Palm Beach County Out -Of- School Consortium CtdldrW's National Film Festival LOA Wolfson 11 Media History Center (Miami) The American Film Institute (Washington, U.C.) • Rmtertain-ment-- MEDIA - FLORMA•S AR21Sr xE.SIDENCr DIZECTORX CYNINiA GREY ftck&vo and Cvndzia Grd► Is a rid and fi�immker who hiss teen aired and e in the United 3tal Europe. She has ret numberolvana ant includ.f s;• the Arta. vision wadohop Aur Program Fund. the Department of Star viduzl Artist Fellow Media Acts. PACE Ce Girls. fort Pktce f Resource Center. Bra Cuuruv Cultural Aft• _ published by Harcourt. Brute. ]ovanovich: Laedlaw Bt dm=: Gross=n: Mocoro-de World: CoUlap. and front Wand Press: as well u exhlbked at the Museum of Calvet (Marseilles- France Summer Festival). and Odwr plt7:tiea. She Is affidlated with the Louis Wolfson 11 Media Hitorr Center, the AssOcizliOd of Indvpendeat video and Famtnakeis. the Ammican film 14'kt/ce- 2nd the Internadonal Visual Literacy CoMWaum.Ms- G`7 is president sad founder of Cr-npolium Inc. a "40t-Profit cultural communicillac7s orSznixufon whose mission is w establish a cechno {vltural center. Page 48 eOCA RATOfr NEWS T ilm documents the decency of f J ram fU. brwa I.MI.. INS Oft* M - rf.+...coff. "rr.rt"Y1 ,.., . ,..,....�. IM.. Zwk ..... ........... ft-wnff .w w r...e.a n f rte. tr. +r. efwr O .trefr C�.Mfa Geer ■Y.tr.M 6" A.qi W.a 1r...f 4.11 • r... ft./.... w..1 1.. �.... wow -we" W . pw r r.r No I.f+�rr Y M• am" r @~r" Y r •w Wtrrfn;rfrvrtipftor rrnarWyY 11ief. f1pMY�M.+fiM%..irW. ..s t~ a� lama o.ftim" Y ova ft wawir.ar Ym.wM.f f tit f>,.tAa ar ti 7��r�f'1 Y fisy.7w FA�r Y rwitMrW rdrf.r..1r.6 w fM d ft s.01; W ��ifMY mm a. Mw•.rtr di" %&"Y11..Mie bw .�dw a. scram !1r Y fm f 4" an br mil curia f1.N.r�l.r a1q dw.7*r W rr..M 611"M Our w1iL va Mf 11 ow flow t .Not ..rM - f. W.4 WOOL r «fil�arYmlln.aifarigf �I.W ..•�w.� r...1 —w•rwc r.» r711. w f....r. r �a.a f.w....r a.1rr «r s Nr....r1.... egw'r as � t1LL am" •., w..1a+..� f.rv+..w�a• fl. w t a...r • ire r Y1 J.rww bird's eye view 71,fwfil.7 :'- �- t Ow7rr Irmo t.7.� r 11. M.r:w t11f =a* b, ..fir iM .4 �. �tf. ~..Wq�fdi0 va w .+� f.�. fly raa...rw Yr pq.rw.d Y Y undo r 00-4 ..s.tf..r«.r.� tom. +4a �w b"WK as so War. f ft rNt 41 tO.c 71 w. M fm&r .b W 4 r ft ems, fma v rt..l r 0, ra 6.0we to fa.r Ira bs M W . +Y rl rrr. g. W PON&- W � �YIa..Iwl.wrW IIM a�sr. .1 1 t W w1.. Mo bw 1... im ow< r .00 law LNf. • t - _ i� ffa� .h.1LL cur Y4t r 101/ cur - 1N..ir.lpMw11...L w. fa..sr� r+a She ...wtw M..� w. ,:vowed= �.• ..ror."o ra 1.rmn.1rposem rw.r«.....r..w. • S sr4. 't1�N�Y idir.� rllr.trr 11swiMrwrfr.�4.r f.aar.�. •fY111rr+ar 11t wfr.arrMMM�f.e bar: Z WW Yf..O.w r4r r+r.K' 0 RAYMOND W. KATZ 869 Blue Ridge Circle West Palm Beach, Florida 33409 Home: (407) 683 -8652 Work: (407) 659 -0151 Art Foundry and Related Experience Welder and Craftsman, North Carolina Film Corporation, Wilmington, North Carolina, 1984 - 1986. Fabricated all metal work for sets in Michael Cimino's Production of Year of the Dragon. Welding Supervisor, Bedi -Makky Art Foundry, Inc., Brooklyn, New York, 1979 - 1984. Responsible for all welding and finishing of welds on all monumental and fine art castings: Developed new techniques for welding exotic alloys such as white bronze, yellow bronze, monel, and iconel. Freelance Finisher and Colorist, 1978 - present. Provides finished bronze castings to sculptors who need to meet specific deadlines. Welder /Finisher /Chaser, Modern Art Foundry, 1978 - 1979. Worked directly with artists in the construction of monumental bronze statutes. Supervisor, Recycling Center, Inc.,, Richmond, Indiana, 1976 - 1977. In charge of processing all ferrous and nonferrous metal for shipment to smelters and mills. Responsible for maintenance of truck fleet and scrap processing equipment. Foundry - Related Special Projects 1985:. Research Survey and Restoration Sculptors: John Massey Rhind Proposal for Sculptures Herbert Adams Surrounding City Hall John J. Voyle Philadelphia Art Commission A. Milne Calder Philadelphia, Pennsylvania John Rogers, Jr. Henry Ellicott Lady Justice Sculptor: Adolph Weinman Court Room Scene The Movie, Marie - A True Story Frank Capra, Jr., Director 1984: Menorah Sculptor: Odeo Halamy Jewish Museum New York, New York Music Relief Sculptor: Edward Wilson High School for the Arts Baltimore. Maryland • 0 - - Foundry- Related Special Pro+ects (continued) 1983: CHAVA- (LIFE) Sculptor: Peter Rubino Ben- Gurion university Eshkelon, Israel Bob Marley Memorial Sculptor: J. Goniales . Kingston; Jamaica Reclining Figure (restoration) Scuiator: Henry Moore Vivian Beaumont Theater Lincoln Center New York, New York American Eagle Sculptor: Albino Manca Battery Park Plaza New York, New York 1982: Walt Whitman Memorial Sculptor: Leonard Baskin 18th and Oregon Philadelphia, Pennsylvania Queen Kamolupo Statute Sculptor: Marianna Pineda City Hall Honolulu, Hawaii 1981: Prometheus Sculptor: Walter Hancock Civic Center West Philadelphia, Pennsylvania Archer Diana Sculptor: Augustus St. Gaudens Madison Square Garden New York, New York Young Benjamin Franklin Sculptor: Joseph Brown Broad Street E JFK Boulevard Philadelphia, Pennsylvania 1980: Flying Geese Sculptor: Marshall Fredericks American Embassy Copenhagen, Denmark Family Sculptor: Ghaim Gross Long Island Jewish Hospital Hempstead, New York Corinthian Lamposts Designers: Rambush Associates American Security Bank New York City Washington, D.C. • -2- • • • Foundry - Related Special Projects (continued) 1979: Albert Einstein Centennial Monument Constitution Mall Washington, D. C. Untitled Abstract Walker Art Center Minneapolis, Minnesota 1978: Oliver Pollack Memorial State Capitol Centroplex Baton Rouge, Louisiana Sculptor: Sculptor: Robert Berks Isamu Noguchi Sculptor: Frank Hayden Other _Artists _on Whose Projects Mr. Katz has Participated: Gaston Lachalse Frank Eliscu R. Tait McKenzie Paul Manship Lisa Fonssagrives Penn A. Phimster Proctor Alexander Archipenko John Rhoden Adolph Weinman Donald De Lue William .Wheeler Seui Salto Nathan Rappoport Jacques Lipchitz Elie Nadelman William Zorach Theodore Rozak Tony Smith Michael Lantz Herbert Ferber Malvina Hoffman Clemente Spampinato !^rederich Kiesler Angelo Frudakis Ertel Brian Hunt Professional Art Background: Commissions and Collections: Seymour Lipton Leroy Neiman David Aronson Robert Scriver Frederick Remington Marilyn Newmark Russell Baker Bryant Mane Katz Arnaldo Pomadoro Greg Wyatt Phillip Ratner Isidore Margolies Elbert Weinberg Mr. and Mrs. James Cisco, Bethesda, Maryland Dr. and Mrs. David Marcus, Dayton, Ohio Mr. and Mrs. Joel Rosen, Ardsley, New York Hobart Brothers Company, Troy, Ohio Mr. and Mrs. John Hankinson, Albuquerque, New Mexico Mr. and Mrs. Robert Fitterman, Fort Lauderdale, Florida MAPI Incorporated, Dayton, Ohio Mr. and Mrs. Mark Issen, Richmond, Indiana Mr. Victor xaikine, Woodstock, New York Mr. and Mrs. Boniface Titi, Washington, D.C. Jewish Community Council, Dayton, Ohio Mr. and Mrs. Aaron Sivitz, Dayton, Ohio Mr. and Mrs. Michael Schueneman, Vandalia, Ohio ConEdison, New York, New York Mr, and Mrs. Michael Schueneman, Vandalla, Ohio Mr. and Mrs. Charles Weprin, Dayton, Ohio Ms. Jayme Bednarcyzk, Wilmington, North Carolina -3- 0 Commissions and Collections: (continued) Mr. and Mrs. Kinjo Tie, Concord, California Mr. and Mrs. Michael Cluck, Yonkers, New York Dayton Police Department, Dayton, Ohio University of Dayton, Dayton, Ohio American Red Cross, Brooklyn Chapter, Brooklyn, New York Shows and Awards: One -Man Show, University of Dayton, 1975 One -Man Show, Dayton Art Institute, 1973 All Ohio Sculpture Annual, 1971 Blossom --Kent Sculpture Annual, 1971 Two -Man Show, Salem Mall Gallery, Dayton, Ohio, 1970 Represented By: Art for Industry, New York City C.W. Fentress Architects and Planners, Denver, Colorado Educational Background: .Sculpture: University of Dayton, Dayton, Ohio, 1973 - 1975, 1986 - 1987 School of the Dayton Art Institute, Dayton, Ohio, 1970 - 1973 Welding Workshop for Sculptors, sponsored by Hobart Brothers and the University of minnesota, 1971 Industrial: E.I. Du Pont Nemours Company, Industrial Refinishing Clinics, Dayton, Ohio, 1973 - 1975 Hobart Brothers School of Welding Technology, Troy, Ohio, 1970 - 1972, two certificates -4- THE FORBES CO & 248 827 1379 07/22/01 13:23[5 :02/02 NO:935 COMMENTS RROm THE PUBLJO Request to Address City Council Please Print Name; _ .Sidney Forbes Address: 3101 PGA Boulevard - _ Palm Beach Gardens, Florida 33410 City:. - — _ -- - .. - - - - -- _ I _ . Publi Ilearing - Resolution 81,2001 Subject: � __ - -_ -- - - Re: Council Meeting - August 2, 2001 Members Of the public may address the laity Council during the -Comments by the Public" portion of the agenda and during "Public Hearings"- This Request to Address the City Councii must be delivered to the City Clerk prior to the oommencement of the mevMng. The time limit for each speaXer° is limited to three (3) minutes. J_ m �U O. O U �5 U G L Q o W o CC U ti 4 tit, c- o A 5 q U c O E a L }i Q C 0 N N Q O O � N O � s v � p M L Q) L 0 p _ -lie O IS c._ o ro. O i N O � L a) -pp roa)o .c � E o E o�p o F C L a a z a U N U c O E a L }i Q C 0 N N Q O O � N O � s v � p M L Q) L 0 p _ -lie O IS c._ o ro. O i N O � L a) -pp roa)o .c � E o E o�p o F 1 U J_ m 'V ao WV �U LL Q Cl) O W� cr 20 oCC U 1y c a a� CO a z 3 a Q V m U N V � m a' C m -w E .cNa� N "0 O C Q c 0 N U c Q a) = a: E 0)=c P .. V o M 7 'i O o U L ++ N a v r' o Ca a) 0. a0� a� ca a) NoE= L Qo E t 3 � 0 H U a O U I-5 v G OL L� Q O Z *� wa cr 2(1) O CC U C •L N N a i!1 4 A N Z Q U N U m a' z 4) +' E N � O Q C E ' E E U c N 4 c E •din OM Crn = L 0 44 o 4J O � i N �o•�E m o o r CL m g/v I t, I it cm o& Q Z all /JIB °c r'-s O scree �I -/ °<A' 'y - /6 6� Q - � /"/ //� " -- - J,- -d o� ' • EXHIBIT "A" mim • • EXHIBIT "A" mim :7