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HomeMy WebLinkAboutAgenda Council Agenda 031501i City of Palm Beach Gardens Council Agenda March 15, 2001 9-0� �t�' o� Mayor Russo Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 0 -- Vice Mayor Jablin / Council Member Clarkv/ Council Member Furtado."/ Council Member Sabatello ✓ C • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 15, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE - ROLL CALL II. ELECTION: a. Resolution 39, 2001 - Declaring the Results of the City's General Election /Q-u., held March 13, 2001 to fill Group 2 and Group 4 Seats. b. ADMINISTRATION OF OATHS OF OFFICE: C. REORGANIZATION: 1. Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor. 2. Appointment of Mayor and Vice Mayor. �V 6� 3. Appointment of a Chairman Pro - Tempore in Absence of both v �W- Mayor and Vice Mayor. �l 4. Resolution 40, 2001 - Appointment of The Mayor, Vice Mayor and Mayor Pro - Tempore. 5. Appointment of Council Liaisons to Advisory Boards /Committees /Organizations. III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. FDOT Construction Schedule — PGA Bridge. s- r►lc�s� s eo _ HY �.� �� c. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: `D a-,-e b-z-, 0_0 a. Consideration of approving Minutes from the February 1, 2001 Regular City Council Meeting. b. Consideration of approving Minutes from the February 12, 2001 City Council Workshop Meeting. C. Consideration of approving Minutes from the February 15, 2001 Regular City Council Meeting. d. Consideration of approving Minutes from the February 26, 2001 City Council Workshop Meeting. e. Resolution 29, 2001 - Mirasol Landscape Buffer and Parkway Plans. Consideration of approving the perimeter landscape buffers, North -South Parkway landscape buffers, pump house elevations, and lighting plans for the Mirasol Planned Community Development. f. Resolution 44, 2001 - General Employees' Pension Plan. Consideration of appointing Kenneth Steele to the General Employees Retirement System Board of Trustees. g. Resolution 45, 2001 - EMS Grant Funding. Consideration of authorizing an application requesting a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled. h. Resolution 46, 2001 - Art Consulting Services Agreement. Consideration of repealing Resolution 2, 2001 and authorizing the execution of an Art Consulting Services Agreement with Joel Straus Consulting. IX. PUBLIC HEARINGS: '!> o,,,e� a. Ordinance 2, 2001 - Water Shortage Regulations. Consideration of an Ordinance amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens entitled "Utilities," by creating a new Article IV, Sections 74 -71 through 74 -77, entitled "Water Shortage Regulations. -� b. Ordinance 4, 2001 — Planned Community Development Overlay District. Consideration of an Ordinance approving an application from Toll Brother's Development Company, Inc. for approval of a re- zoning to Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and the Grande At Palm Beach Gardens, Inc.; providing for repeal of ordinances and resolutions in conflict. (To be Continued to April 5, 2001) X. RESOLUTIONS: a. Resolution 18, 2001 — Bristol Club Unmanned Entry Gates. Consideration of amending Resolution 25, 1987, to allow for the construction of an unmanned entry gate located between Avenue of the Masters and 17W Governor's Court at the entrance to the Bristol Club within PGA National Resort Community, a Planned Community District. b. Resolution 42, 2001 — Mirasol Sales Center Parking Waiver. Consideration of approving a Miscellaneous Application for a waiver to J� allow the configuration of the parking spaces to include grass and raised d' pavement beyond the curb for the Mirasol Sales Center located within the Golf Digest (Mirasol) Planned Community District, on the North Side of the collector road within the southwest portion of the Community approximately one - quarter mile from the east -west parkway western 1 rotary. r� Planned Community Development Overlay Zoning with underlying zoning of RL -3 (Residential Low) to allow for a 434.19 acre, 530 dwelling unit residential community which includes an 18 -hole golf course and a 45,000 square foot clubhouse facility located directly east of the intersection �pA of Hood Road and Alternate AIA, as more particularly SA described herein; providing for conditions of approval; providing for Iv r. l 1 j waivers. ,Qt, C. Resolution 36, 2001 — Regional Center DRI and PCD. Consideration of amending Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional 1.; Impact and Planned Community District; providing for amendment of the . Master Development to designate an eight acre Oak Hammock Preserve, convert 151 hotel rooms to 213 residential units, combine all residential parcels located in the northeast portion of the DRI into a 104 acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter Property, providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and the Grande At Palm Beach Gardens, Inc.; providing for repeal of ordinances and resolutions in conflict. (To be Continued to April 5, 2001) X. RESOLUTIONS: a. Resolution 18, 2001 — Bristol Club Unmanned Entry Gates. Consideration of amending Resolution 25, 1987, to allow for the construction of an unmanned entry gate located between Avenue of the Masters and 17W Governor's Court at the entrance to the Bristol Club within PGA National Resort Community, a Planned Community District. b. Resolution 42, 2001 — Mirasol Sales Center Parking Waiver. Consideration of approving a Miscellaneous Application for a waiver to J� allow the configuration of the parking spaces to include grass and raised d' pavement beyond the curb for the Mirasol Sales Center located within the Golf Digest (Mirasol) Planned Community District, on the North Side of the collector road within the southwest portion of the Community approximately one - quarter mile from the east -west parkway western 1 rotary. r� C. Resolution 43, 2001 - BallenIsles Parcel 28 Administrative Building. -F'e' Consideration of amending Resolution 42, 1994 to allow for the M /- administrative building to remain within BallenIsles Parcel 28, which *,-4 includes the clubhouse, tennis and fitness facility, and east maintenance �'b facility, located within the BallenIsles Planned Community Development on the east side of BallenIsles Drive, approximately % mile south of the intersection of BallenIsles Drive and PGA Boulevard. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 5, 2001 - Budget Amendment. Consideration of an Ordinance providing for an amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach Gardens for the fiscal year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of Ordinances in conflict herewith. b. Ordinance 6, 2001 - Speedway Service Station. Consideration of < approving an application from Marathon- Ashland Petroleum Corporation for a rezoning of an .8 acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square - foot building and constructing a new 2,337 square -foot convenience store with gasoline sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for conditions of approval; providing for waivers. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV CITY ATTORNEY REPORT: a. Update on Seacoast Voting Share Issue � b u i t p so - XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based iH. ELECTION a. Resolution 39, 2001 - Declaring the Results of the City's General Election held March 13, 2001 to fill Group 2 and Group 4 Seats. RESOLUTION FORTHCOMING • • II. ELECTION: b. ADMINISTRATION OF OATHS OF OFFICE: U -I 0 0 II. ELECTION: C. REORGANIZATION: 1. Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor. • • II. ELECTION: C. REORGANIZATION: 2. Appointment of Mayor and Vice Mayor. • Or II. ELECTION: C. REORGANIZATION: 3. Appointment of a Chairman Pro - Tempore in Absence of both Mayor and Vice Mayor. • C II. ELECTION: C. REORGANIZATION: 4. Resolution 40, 2001 - Appointment of The Mayor, Vice Mayor and Mayor Pro - Tempore. • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: March 6, 2001 Meeting Date: March 15, 2001 Subject/Agenda Item Resolution 40, 2001 Organization Meeting — Election of Mayor and Vice Mayor Recommendation /Motion: Adopt Resolution 40, 2001 -.Appointing Mayor and Vice Mayor Reviewed by. Originating Dept.: Costs: $ 0 Council Action: City Attorn City Clerk Cld of (Total) [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ 1 Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ X ] Not Required [ ] Other Memorandum Submitted by. Carol Go] City Cler Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager (� [ X ] Not required BACKGROUND: Section 4 -3 of the City of Palm Beach Gardens Charter states, "The members of the city council elected pursuant to this article shall meet for organization immediately following their qualification on the next regularly scheduled meeting of the city council fallowing the date of their election and at said meeting the city council shall, by resolution, appoint one member a mayor and another a vice -mayor of the city, each of whom shall hold such office for a term of one year and until his successor shall be appointed and qualified." 0 RESOLUTION 40, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPOINTMENT OF THE MAYOR, VICE MAYOR AND MAYOR PRO - TEMPORE FOR THE CITY UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4 -3 of the Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor, Vice Mayor and Mayor Pro - Tempore; and WHEREAS, the City Council, pursuant to Section 4 -3 of the City Charter, elects a Mayor, Vice Mayor and Mayor Pro - Tempore at its annual organizational meeting held during the month of March. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 4 -3 of the City Charter, the following persons shall be and are hereby appointed and named to the following offices of the City of Palm Beach Gardens, Florida: MAYOR VICE MAYOR MAYOR PRO - TEMPORE ,Toe J?J-C's CIS �R.31,�n1 SECTION 2. The above -named Mayor, Vice Mayor and Mayor Pro- Tempore shall hold office until the next annual organizational meeting of the City Council,. or until their successors shall be appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens, Florida. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 15TH DAY OF MARCH, 2001. Mayor • RESOLUTION 40, 2001 PAGE 2 OF 2 ATTEST: CAROL GOLD, MMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO • APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT II. ELECTION: C. REORGANIZATION: 5. Appointment of Council Liaisons to Advisory Boards /Committees /Organizations. • • • • pc"C, Sc--o CITY OF PALM BEACH GARDENS CITY COUNCIL LIAISONS BOARD OR 2000 -01 2001 -02 COMMITTEE APPOINTMENTS APPOINTMENTS Art Advisory Eric Jablin Committee S` Art Task Force Eric Jablin Beautification & David Clark Environmental 5�..�.. Education Advisory Eric Jablin ' Board �a---' Loxahatchee Council David Clark Of Governments Municipal League Northlake Boulevard Lauren Furtado Task Force North County Joseph Russo Economic Advisory Board North County Planning Forum P.B. County Lauren Furtado Metropolitan Planning Planning & Zoning Carl Sabatello Commission Recreation Advisory Lauren Furtado jaw :r X r e Board TgArr- � Two", a" IV. PRESENTATIONS: a. FDOT Construction Schedule — PGA Bridge. ORAL REPORT • • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 1, 2001 The February 1, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. ANNOUNCEMENTS: Mayor Russo reported Resolution 30, 2001, a BallenIsles Parcel 23 Plat, had been added to the agenda after the workshop, which would be considered if the Council agreed. Consensus was to consider Resolution 30, 2001. CITY MANAGER REPORT: Mayor Russo reported Mr. Ron Ferris had accepted the job of City Manager. Mr. Ferris indicated he appreciated the opportunity to work with the City. City Attorney Rubin reviewed the terms of the City Manager's contract. Possible amendment to the Charter requirement requiring the City Manager to live within the City was discussed. Councilmember Furtado noted the salary proposed for Mr. Ferris was $13,000 higher than that paid to the former City Manager, to which she was not opposed, and the other members of the City Council expressed that they had no problems with any of the proposed conditions. Councilman Clark made a motion to authorize the City Attorney to prepare a contract to appoint Ron Ferris as City Manager embodying the terms set forth in the memorandum presented to the City Council, and to authorize the Mayor to execute the contract after further review on Consent Agenda at the next meeting, and to appoint Mr. Ferris as permanent City Manager subject to execution of the agreement. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. A moment of silence was observed for Leslie Ferris, a member of the Police Pension Board who had passed away that morning, a. Public Information Report — Assistant to the City Manager, Beth Ingold -Love reported she had planned to present a plaque to Ms. Ferris for her service, which was no longer appropriate; that the Community Map and Guide would be published this month; that 24 employees represented the City in The Race For The Cure on January 27; that Spanish classes had been resumed; that the City Line would be published this month; that the zip code issue was still in process; and that traffic calming meetings were tieing conducted. b. Report on Proposed Budget Revisions - Chief Pete Bergel reviewed the guidelines for proposed revisions, and explained how each Department and the Budget Review Committee had prioritized the revisions. Chief Bergel said that a report of all proposed changes would be available on Monday following this meeting. Mayor Russo requested this report be discussed at the next meeting. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, commented she was very happy Mr. Ferris was staying on as the permanent City Manager. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion. Councilmember Furtado requested item (i) be pulled. Councilman Sabatello commented he was a homebuilder at Ballenlsles but had no involvement with items (d), (h), and 6). Councilman Clark withdrew his motion, and made a motion to approve the Consent Agenda with the exception of item (i). Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the January 2, 2001 City Council Workshop Meeting. b. Consideration of approving Minutes from the January 4, 2001 Regular City Council Meeting. C. Resolution 1, 2001 - Legacy Place Environmental Preserve. Consideration of approving a Conceptual Upland Preserve set aside for Parcels 28.01, 5A and 5B, providing for conditions. d. Resolution 12, 2001 - Concurrent Processing Consideration - BallenIsles PCD &N Maintenance Facility. Consideration of approving concurrent processing of a site plan application and a Planned Community District (PCD) amendment for the property known as "Ballenlsles." e. Resolution 17, 2001 - Beautification and Environmental Committee. Consideration of re- appointing five (5) members to the Beautification and Environmental Committee. f. Resolution 20, 2001 - Easement for Seacoast. Consideration of authorizing execution of an Easement Deed in favor of Seacoast Utility Authority. g. Resolution 22, 2001 - P.B.A. Agreement. Consideration of authorizing a Memorandum of Understanding with Palm Beach County PBA to increase Communication Operators salaries. h. Resolution 23, 2001 - Amendment to Resolution 58, 2000. Consideration of amending Resolution 58, 2000 to change a condition of approval relating to the Site Plan for the Golf Course Maintenance Facility located within the Mirasol Planned Community District. i. Resolution 24, 2001- Consideration of opposing a High Speed Rail Transportation System going through the City of Palm Beach Gardens. j. Resolution 30, 2001 — BallenIsles- Parcel 23 Plat. Consideration of approving the BallenIsles- Parcel 23 Plat. Hank Gonzales spoke to item (i) Resolution 24, 2001, which had been on the consent agenda for consideration of opposing a High Speed Rail Transportation System going through the City of Palm Beach Gardens. Mr. Gonzales expressed his opinion that the Resolution did not sufficiently address the City's concern that there was a Constitutional amendment calling for construction of the high speed rail within a very short time frame; seemed to put the City in the position of saying high speed rails were bad and not focusing on the issue of the appropriateness of a Constitutional amendment for this item; placed the State under a very unrealistic time frame for completion; and would cost the taxpayers dollars that could be inappropriately spent in trying to rush this project. Mr. Gonzales requested this item be reconsidered for the next meeting. PUBLIC HEARINGS: Ordinance 35, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned -Unit Development which was CITY COUNCIL REGULAR MEETING, 2/1/01 3 originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995; approving a change in uses of 81,600 square feet of previously approved unbuilt medical center uses located at the southeast comer of Burns Road and Gardens East Drive, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. This Public Hearing was continued from January 4, 2001. Senior Planner Edward Tombari reviewed the project and answered questions from the City Council. Ed Oliver, agent for the Petitioner, introduced others present on behalf of the petitioner, and commented the petitioner currently maintained and would continue to maintain the irrigation of landscaping along the roadway abutting the petitioner's property, and was amenable to that condition being written into the ordinance. Mr. Oliver noted the existing PUD provided only for an area on the third floor addition to have a mansard roof around it and not to have a mansard on all the roofs, and requested the building be constructed as proposed. Mr. Oliver explained that the new 3 -story medical office building was a separate structure with a mansard roof. Clint Matthews, CEO, Palm Beach Gardens Medical Center, reviewed medical equipment which could be purchased for the hospital rather than spending dollars adding mansard roofs to all of the hospital. Discussion ensued regarding the possibility of additional landscaping to soften the architecture rather than adding the mansard roofs. Frank Maroney, Landscape Architect, explained the proposed landscaping. W. Oliver explained that on the third floor addition, some cornice banding had been added at the top. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 35, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion. During discussion of the motion, the City Attorney verified for Councilman Sabatello that a condition requiring continued landscaping maintenance should be included. Councilman Clark withdrew his motion and made a new motion to approve Ordinance 35, 2000 on Second Reading by title only with the following condition included: "The Applicant agrees to continue to maintain the landscaping within the abutting right -of -ways to the standards of the City." Vice Mayor Jablin withdrew his second to the original motion and seconded the revised motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 35, 2000 on Second Reading by title only. ORDINANCES: Ordinance 01, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, amending Article III of the Palm Beach Gardens Code, entitled Police Officers' Retirement Trust Fund; revising provisions regarding establishment and maintenance of Retirement System; revising provisions regarding statutory compliance; revising provisions regarding normal retirement; revising provisions regarding disability retirement; revising provisions regarding death benefits; .revising provisions regarding lump sum payment of small retirement income; revising provisions regarding prior Police Officer service; adding new provision regarding cost of living adjustments; revising provisions regarding eligibility to participate; providing for the repeal of any part of the Palm Beach Gardens Code, any Ordinance or Resolution or parts thereof in conflict herewith; providing for severability; and providing for an effective date. Mayor Russo noted that the proposed benefits would be provided without cost to the City, and that the disability benefit needed clarification before Second Reading. Jay Spencer, Chairperson of the Police Pension Board, introduced Ms. Jensen, Counsel for the Police Pension Board, who provided a presentation explaining the proposed changes. Leslie CITY COUNCIL REGULAR MEETING, 2/1/01 4 Ferris, a former member of the Police Pension Board who had passed away, was credited with her work on the proposed changes by Vice Mayor Jablin. Councilman Clark moved Ordinance 01, 2001 be placed on First Reading by Title Only. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 01, 2001 on First Reading by title only. ITEMS FOR COUNCIL ACTION: City Manager Ron Ferris noted that Growth Management Director pay scales in other municipalities exceeded those of the City and that the top candidate's salary expectations exceeded the range offered by the City. The City Manager reviewed options to resolve this issue and recommended the option of hiring the top candidate at the top of the City's current scale and to have a salary study done immediately so that adjustments could be made. Consensus was to accept the City Manager's recommendation. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilwoman Furtado requested that the City's election procedures be reviewed. City Manager Ferris responded that the City's election procedures had been studied and were in compliance with current law. Councilman Sabatello requested that the City Attorney address the Seacoast Utility memo. Councilman Sabatello suggested each Council member compose a list of priorities for the new City Manager. Mr. Ferris indicated he invited the submission of priorities and wished to meet with the members of the City Council to establish priorities and time f -amen. Mayor Russo commented he believed the workshop with the City Council should take place following the election. Councilman Clark reported he had attended the Loxahatchee River Coordinating Committee meeting and distributed handouts regarding plans to change the control structure relating to the Loxahatchee ( Slough, and also reported that the new Chairman of the Committee was Richard Dent. Councilman Clark commented he had met Leslie Ferris through Vice Mayor Jablin and had spoken to her regarding the amendment to the Police Pension Plan, and indicated that she would be missed. City Manager Ferris introduced the new Human Resources Director, Hank DuFour. CITY ATTORNEY REPORT: City Attorney Len Rubin reported it is anticipated that in 2003 the City of Palm Beach Gardens will be the majority control entity within Seacoast Utility Authority, with more than 50% of the weighted vote. The City Attorney indicated the Seacoast Utility Authority Board was presently considering changes to their voting procedures which would severely impair the majority control entity's ability to set policy, and the City's position was that the majority control entity must agree with whatever was being voted on in order for the Board to act. A prior legal opinion had not taken this position, and the Seacoast Board had indicated their intent to rely on that opinion rather than that of the City's legal counsel, but had not yet taken any action. City Attorney Rubin commented he would meet with members of the City Council and provide as much information as they desired on this issue, but nothing could be done until the Board acted, after which remedies could be pursued. • 0 CITY COUNCIL REGULAR MEETING, 2/1/01 5 • ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 8:40 p.m. APPROVAL: ATTEST: CAROL GOLD CITY CLERK MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELL0 COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO CITY COUNCIL WORKSHOP MEETING, 2/12/2001 CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING February 12, 2001 The February 12, 2001, Workshop Meeting of the City Councif of the City- of-Palm Beach Gardens, Florida, was called to order at 12:10 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The following elected officials were in attendance: Vice Mayor Eric Jablin, and, Councilmember Lauren Furtado. Mayor Joseph R. Russo, Councilmember David Clark, and Councilmember Carl Sabatello were absent. CITY MANAGER REPORT: City Manager Ferris reported teamwork awards would be presented at the City Council meeting, and introduced the new Public Works Director, Hoyt Owens, and the new Human Resources Director, Hank DuFour. CONSENT AGENDA: Resolution 29, 2001 was pulled because of an outstanding issue regarding payment for parkway lights at the Mirasol development. Staff reported a future policy would be developed regarding paying for the lights. RESOLUTIONS: Resolution 29, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Amending Resolution 55, 1998 to Allow for the Construction of Covered Parking for 66 Existing Approved Parking Spaces in the Fairway Office Center Located Within the PGA National Planned Community District; and Providing for an Effective Date. Staff reported receipt of a letter from the petitioner. Vice Mayor Jablin expressed his opinion that the code should be changed to a more reasonable percentage of covered parking. ORDINANCES: Ordinance 2, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens Entitled Utilities, by Creating a New Article IV, Sections 74 -71 through 74 -77, Entitled Water Shortage Regulations; Providing for Severability; Providing for Conflicts; Providing for Codification; and Providing for An Effective Date. Staff reported this ordinance would provide more enforcement in addressing the problems by allowing police officers to write citations. Ordinance 4, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Toll Brothers Development Company, Inc. for Approval of a Re- Zoning to Planned Community Development Overlay Zoning with Underlying Zoning of RL-3 (Residential Low) to Allow for a 434.18 Acre, 530 Dwelling Unit Residential Community Which Includes an 18 -Hole Golf Course and a 45,000 Square Foot Clubhouse Facility Located Directly East of the Intersection of Hood Road and alternate AIA as More particularly Described Herein; Providing for Conditions of Approval; Providing for Waivers; Providing for CITY COUNCIL WORKSHOP MEETING, 2/12/2001 2 Severability; Providing for Conflicts; and Providing for an Effective Date. Staff explained that engineering comments needed to be added before second reading. Vice Mayor Jablin reported he had spoken to the petitioner who indicated the neighbors were okay with the maintenance facility for the golf course. Staff reported that a public hearing would be held at the time of consideration for second reading. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Jablin commented the previous days open house had been a success. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 12:20 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO 0 VICE MAYOR ERIC JABLIN ATTEST: CAROL GOLD CITY CLERK • CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 15, 2001 The February 15, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail; Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, and Councilmember Carl Sabatello. Councilmember Lauren Furtado was absent from the meeting. PRESENTATIONS: Teamwork Awards - Mayor Russo indicated that Chris Brown's award would be presented at another meeting. Mayor Russo presented a teamwork award to Chuck Miserendino for computer guidance. CITY MANAGER REPORT: Resident Survey - Hoyt Owens, the new Public Works Director, was introduced. Assistant to the City Manager Beth Ingold Love introduced Dr. Robert Hays of Jupiter, who reported the results of the resident survey. Dr. Hayes indicated the objectives of the survey were to determine the citizens' most pressing concerns, what the citizens liked and disliked about the City, and citizen satisfaction when contacting the City's departments. 400 telephone interviews were conducted, and the item of most concern from choices presented was that growth would adversely tax the capacity of the roads. The second item was measuring the level of satisfaction of amenities provided by the City, to which the most satisfaction expressed was the cleanliness of the parks, the availability of medical service, the feeling of personal safety, and the conditions of the streets and roads. Items of concern in that same list were school crowding, capacity of the roads, stormwater drainage, nature of growth, jobs, and affordable housing. Citizen comments indicated they liked the location and convenience of the City, it's friendly community atmosphere, that it was beautiful and clean, and the small -town attributes of the City. Dr. Hays concluded that the City's residents wanted a tidy, well - managed, neighborly community that was easy to navigate and had controlled growth. Recommendations from the survey were to improve the City's customer communication skills; control growth to the extent possible; keep the small -town look and feel; think convenience for current residents first and then the new residents moving in as a result of growth; improve traffic at rush hour; keep working with the School District to improve capacity; and keep up the good work since appreciation for what the City does was evident in this survey. Mayor Russo thanked Dr. Hays and requested that City Manager Ferris review the survey results and provide a report. COMMENTS FROM THE PUBLIC: Gregory Knight, 309 Riverside Drive, requested more access to the roller hockey rinks for the kids instead of locking the rinks. City Manager Ferris indicated he would work on this issue and a report would be provided at the next meeting. Julia Byrd, 4406 Daffodil Circle, questioned the maximum and minimum dollar amounts allowed by the City Charter for approving contracts without going out for bids or RFP's; who paid for the CITY COUNCIL REGULAR MEETING, 2/15/01 2 landscaping and irrigation for the City sign at Arbor Way and Military Trail and who was responsible for the landscape maintenance; whether the City had recovered the $20,000 interest -free loan approved for the former City Manager when he was terminated; whether the City was recovering the $80,000 from the grant writer consultant who did not fulfil his contract; expressed concern regarding a safety hazard if the hedge at the Lake Catherine trail was allowed to grow; questioned whether.the afternoon City Council workshop meetings were primarily to set the agenda for the night meetings; and requested reports from the City Council be moved to the beginning of the agenda. Mayor Russo responded the reports would be moved, that the afternoon workshop meetings were for staff to respond to any questions from the City Council about the agenda, that the Lake Catherine hedge would not be allowed to grow higher than it was now, that the $80,000 had-been recovered from the grant writer consultant, that the $20,000 loan was part of the settlement with the former City Manager, that the landscaping and irrigation for the City sign was provided by the City but would be maintained by the property owner, and the amount that could be approved without going out for bid was $10,000. Ms. Byrd questioned the design/build recreation storage facility contract, to which staff responded that contract had been competitively bid. Bob Kaplan, 102 Windward Drive, expressed thanks for the work done on the City's internet site, but expressed concern that it was not easy to find using search engines. Mr. Kaplan suggested the domain name of PalmBeachGardens.com be purchased from the owner, who was Naples, Florida. Mr. Kaplan requested the same information be provided on the Internet for the Planning & Zoning meetings that was provided for the City Council meetings. Staff response was they were working to make the website more efficient. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda with the exception of item (i) - Resolution 29, 2001 - Mirasol Landscape Buffer and Parkway Plans. Consideration of approving the perimeter landscape buffers, North -South Parkway landscape buffers, pump house elevations, and lighting plans for the Mirasol Planned Community Development, which had been pulled and rescheduled to the March 1, 2001 Regular City Council Meeting. Vice Mayor Jablin seconded the motion, which was approved by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the January 16, 2001 City Council Workshop Meeting. b. Consideration of approving Minutes from the January 18, 2001 Regular City Council Meeting. C. Purchase of Golf Equipment. Consideration of purchasing a green's mower for use at the golf course at a cost of $15,947.00. d. Resolution 24, 2001 - Consideration of opposing a High Speed Rail Transportation System going through the City of Palm Beach Gardens. e. Resolution 25, 2001 - Traffic Impact Fees. Consideration of Pooling City Traffic Impact Fees for certain real properties. f. Resolution 26, 2001 - Funding Reimbursement. Consideration of authorizing a financial assistance agreement with Palm Beach County to allow for reimbursement of funding for the preparation of construction plans for streetscape improvements to Northlake Boulevard between Military Trail and U.S. Highway One. Ll CITY COUNCIL REGULAR MEETING, 2/15/01 3 g. Resolution 27, 2001 - Zoning in Progress. Consideration of adopting "Zoning in Progress" for real properties within the City that abut Northlake Boulevard between Military Trail to the West and Old Dixie Highway to the East; providing for a nine -month time of duration for "Zoning in Progress" and a three month extension, if needed; providing for notification to the public. h. Resolution 28, 2001- Northlake Boulevard Corridor Task Force. Consideration of entering into an agreement entitled "Assignment" with the Village of North Palm Beach which authorizes the City to accept responsibility as agent for the Northlake Boulevard Corridor Task Force for funding and administering an agreement with Michael Redd and Associates, P.A., for the preparation of construction drawings for streetscape improvements to Northlake Boulevard. j. Resolution 31, 2001— Firefighters' Pension Board of Trustees. Consideration of appointing Richard B. Beladino to the Board of Trustees of the City's Firefighters' Pension Trust Fund. k. Resolution 32, 2001 - Loan Agreement. Consideration of authorizing the borrowing of not exceeding $30,000,000.00 from the Florida Intergovernmental Finance Commission Loan Program to finance and/or refinance certain capital projects of the City; authorizing the execution and delivery of a Loan Agreement in connection therewith; authorizing the issuance of a not to exceed $30,000,000.00 note to evidence the obligation of the City to secure the repayment of the loan and the note; providing for the term and repayment provisions thereof; authorizing certain other matters in connection therewith. 1. Resolution 34, 2001 - City Manager Contract. m. Resolution 35, 2001 - Catalina Lakes Plat Approval. Consideration of approving the Catalina Lakes Plat. RESOLUTIONS: Resolution 29, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending Resolution 55, 1998 to allow for the construction of covered parking for 66 existing approved parking spaces in the Fairway Office Center located within the PGA National Planned Community District; and providing for an effective date. Planner John Lindgren presented the request. Neil Merin, representative for the petitioner; spoke on behalf of the petitioner. Phil Lidden, —�- representative for the PGA POA, indicated the POA favored the covered parking as proposed. Councilman Sabatello expressed his opinion that more than 5% soft structure covered parking would not be appropriate and that he would vote against this request. Councilman Clark moved approval of Resolution 29, 2000. Vice Mayor Jablin seconded the motion, which carried by 3 -1 vote. ORDINANCES: Ordinance 2, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens entitled "Utilities," by creating a new Article IV, Sections 74 -71 through 74 -77, entitled "Water Shortage Regulations ": providing for severability; providing for conflicts; providing for codification; and providing for an effective date. Staff reported this ordinance would provide more enforcement in addressing the problems by allowing Code Enforcement and police officers to write citations for the water restrictions issued by South Florida Water Management. Because of such low water levels in Lake Okeechobee and the aquifer along the Intracoastal Waterway, the City could be in serious trouble if compliance were not achieved, at which time Phase III restrictions could be instituted. CITY COUNCIL WORKSHOP MEETING, 2/12/2001 4 Discussion ensued regarding increasing the amount of the fine for the first violation, and it was pointed out that first offense fines in other municipalities were more harsh than the City's $25 fine. It was the consensus of the City Council to leave the fines as they were. Councilman Clark made a motion to place Ordinance 2,2001 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 2, 2001 on First Reading by title only. Ordinance 4, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Toll Brother's Development Company, Inc. for approval of a re- zoning to Planned Community Development Overlay Zoning with underlying zoning of RL -3 (Residential Low) to allow for a 434.18 Acre, 530 dwelling unit residential community which includes an 18 -hole golf course and a 45,000 square foot clubhouse facility located directly east of the intersection of Hood Road and Alternate AIA as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Senior Planner Edward Tombari presented the project. The City Council discussed the proposed waivers and Councilman Clark and Vice Mayor Jablin agreed with the first two waiver requests regarding sidewalks. Attorney Ray Royce spoke on behalf of the petitioner. Planner Bob Benz with Land Design South, gave an extensive presentation on the overall project. Greg Stang, Golf Course Architect with the Arnold Palmer Golf Course Design Company, reviewed the architectural style envisioned for the golf course. Mr. Benz described the requested waivers for pedestrian pathways and for setbacks in single family and zero lot line categories. Interim Growth Management Director Steve Cramer explained that staff did not support consideration of the requested waivers for setbacks and lot coverages for the master plan but felt it would be appropriate to consider those waivers when considering the individual site plans. Councilman Sabatello expressed his opinion that the City should give as much direction to the applicant as possible in the early stages. Mr. Kent Weiland, Landscape Architect, reviewed the proposed landscaping. The pedestrian walkway, requested to be on only one side of the spine road, was discussed. Councilman Clark requested there be adequate directional signage from Alternate AIA to the fire station. Councilman Sabatello commented he agreed with the waiver requesting reduction from 12' to 8' but believed there should be walkways on both sides of the spine road; and had no problems with the setback waivers. Mayor Russo requested comparables for setbacks be provided before second reading. Councilman Sabatello was to meet with staff to discuss standards. Councilman Clark made a motion to place Ordinance 4, 2001 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 4, 2001 on First Reading by title only. Mayor Russo complimented the petitioner on their presentation and on making the neighbors happy. ITEMS & REPORTS BY MAYOR AND COUNCIL: Vice Mayor Jablin noted the Freedom Shrine had been installed in the Council Chambers, and reported he had written a letter to Don Kiselewski informing him of the' installation. Councilman Clark reported the Beautification and Environmental Committee members were very pleased with the shirts provided to them. Mayor Russo reported he and the Vice -Mayor had attended the tree planting at Lake Catherine Park and thanked those responsible. Mayor Russo complimented the Fire Department on the recent mock rescue exercise. CITY COUNCIL WORKSHOP MEETING, 2/12/2001 5 ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 9:10 p.m. APPROVAL: • 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 OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING February 26, 2001 The February 26, 2001, Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 12:10 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The following elected official was in attendance: Councilmember Lauren Furtado, Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark and Councilmember Sabatello were absent. PUBLIC HEARINGS: Vice Mayor Eric Jablin ORDINANCES: Ordinance 01, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, amending Article III of the Palm Beach Gardens Code, entitled Police Officers' Retirement Trust Fund; revising provisions regarding establishment and maintenance of retirement system; revising provisions regarding statutory compliance; revising provisions regarding normal retirement; revising provisions regarding disability retirement; revising provisions regarding death benefits; revising provisions regarding lump sum payment of small retirement income; revising provisions regarding prior police officer service; adding new provision regarding cost of living adjustments; revision provisions regarding eligibility to participate; providing for the repeal of any part of the Palm Beach Gardens Code, any Ordinance or Resolution or parts thereof in conflict herewith; providing for severability; and providing for an effective date. Lt. Spencer explained the manor revision in the ordinance.. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 12:15 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: February 15, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 29, 2001, approving Parkway Landscape Plans and PCD Buffer Landscape Plans within the Mirasol (a.k.a. Golf Digest) Planned Community District (PCD), located at the northwest corner of Florida's Turnpike and PGA Boulevard. The subject site is 2,304.7 acres in size and consists of 2,145 dwelling units, -a golf course, a golf academy, 105,000 s.f of office space, 15,000 s.f. of retail space, 10,000 s.f. of community facilities, and 6,000 s.f. of sales center. RECOMMENDATION Staff recommends approval of Resolution 29, 2001, which contains one condition of approval. Reviewed b Originating Dept.: Costs: $, Council Action: Total City Atto ey Growth Management (] Approved finance NA CM I Human Res. NA Other NA Current FY [ ] Approved w/ conditions ] Denied Funding Source: [ ] Continued to: Advertised: Date: ] Operating Attachments: ]Other Resolution 29, 2001 Paper [X] Not Required 'ed ana ement Direc nor Affected parties Budget Acct. #: [ ] None Approved by: [ ]Notified Lty- We-- Apt [XI Not required REQUEST A Miscellaneous Petition by Urban Design Studio, agent for Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for approval of. (1) the landscape plans for the Parkways adjacent to Jog Road, PGA Boulevard and Hood Road; (2) the PCD Landscape Buffers; and (3) irrigation pump house elevations within the Mirasol Planned Community Development. BACKGROUND On May 18, 2000, the City Council approved Ordinance 8, 2000, which approved the amended Master Plan of the Golf Digest PCD. Conditions 12, 14 and 17 require the submission of landscape plans and lighting plans for the Parkways and PCD Buffers. This request is in response to Conditions 12, 14 and 17 of the PCD Development Order, Ordinance 8, 2000. Condition 12 stipulates "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 the pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautificationllandscape plans as outlined in conditions 13 and 14." Prior to this request, the applicant received approval from the City for the light fixtures and poles intended for use in the development. Included with this petition are the lighting plans and photometric analysis for Jog Road, Hood Road and PGA Boulevard. These lighting plans have previously been submitted and reviewed as part of the engineering construction plans for these roadways. They were submitted with this petition in order to comply with condition 12. Condition 14 requires "Within nine months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/bufrer 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." The Parkway Landscape Plans include all areas adjacent to the road rights -of -way, including the irrigation pump house architectural plans and landscape screening. The Parkway Landscape Plans also include the entries, which have previously been approved and those areas, which are currently under review or have previously been approved as part of adjacent parcel site plan review applications. Condition 17 requires, "Within nine months of the effective date of this amended development order, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the landscaping shall be the obligation of the applicant and/or it successors and assigns. Buffers shall be consistent with the Common Area Phasing Plan." The PCD Buffer 2 • plans are consistent with the detailed PCD Buffer plans, which are under review or have previously been approved by the City Council in conjunction with adjacent site plan approvals. LAND USE & ZONING The Future Land Use designation for the subject site, as reflected on the City's Future Land Use Map, is Residential Low (RL). The zoning classification of the site is Planned Community Development (PCD). The following table illustrates the adjacent uses, land use designations, zoning districts, consistency with City Codes: ZONING CLASSIFICATION, LAND USE DESIGNATION EXISTING USE ZONING LAND USE Subject Property Planned Community District Residential Low (RL) Under Construction CD North Palm Beach County - Palm Beach County - Hood Road, Eastpointe and RT and RS /SE (Residential Low - 1) Old Marsh residential developments Bonnette Hunt Club Planned Development Area Residential Low DA Seacoast Utility Authority Public/Institutional Public West Planned Development Area Conservation Loxahatchee Stough DA East PDA Residential Medium Florida's Turnpike (Parcel 31.01) Vacant Vacant (Parcel 30.02) PDA Commercial CONCURRENCY The Mirasol (fk.a. Golf Digest) PCD has received concurrency certification. This petition does not affect the existing concurrency certification. PROCEDURE This is a request for a Miscellaneous approval within a PCD. This request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the City Council. The City Council reviews the request for Miscellaneous approval, and make a final determination of approval, approval with conditions, or denial. 0 PROJECT DETAILS Ten (10) separate PCD buffer sections have been submitted to the City for its review and approval. The buffer sections are, as follows: • Section A -A is a 25 -foot wide buffer between the Bonnette outparcel and Parcels A and C of the Mirasol PCD. Live Oak trees, slash pine trees, groundcover and a six -foot solid concrete panel wall are proposed on a five -foot high berm. • Section B -B is a minimum 50 -foot wide landscape buffer between the northern boundary of the Seacoast Utility Authority site and the adjacent Jog Road Parkway right -of -way. This buffer will feature a 7 to 8 -foot high berm with Live Oak trees, Sabal Palms and slash pines. In specific areas, royal palms, flowering trees and specimen shrubs will be used. Along the existing fence around the Seacoast Utility facility, there will be a continuous hedge and extensive groundcover. • Section C -C is a 50 -foot wide landscape buffer between the eastern boundary of the Seacoast Utility site and Parcel D. The buffer consists of a variety of shade trees, flowering trees, sabal palms and shrubbery on a six -foot high berm. • Section D -D is a 25 -foot wide buffer between the southern boundary of the Seacoast Utility facility and Parcels E and G of the subject site. The buffer will feature a dense planting of shade trees, pines, flowering trees, palms, shrubs and groundcover on a meandering and undulating berm. • Section E -E is a 25 -foot buffer between the southern boundary of the Seacoast Utility facility and Mirasol's Golf Maintenance Facility and maintenance road. 'The buffer will incorporate the existing Live Oaks and fence on the Seacoast Utility property line. • Section F -F is a 25 -foot buffer between Florida's Turnpike and the park and school site. The buffer will extensively use the existing oaks and pines and supplement the existing vegetation with additional oaks and pines, along with red cedar trees and a native hedge. • Section G -G is a 25 -foot buffer between Florida's Turnpike and the adjacent Jog Road Parkway buffer, .which will preserve much of the existing vegetation of slash pines, Live Oaks and sabal palms. The PCD buffer will incorporate the required South Florida Water Management District berm. • Section H -H is a minimum 25 -foot buffer between Florida's Turnpike Ti a the lake on the eastern edge of the Mirasol PCD. The buffer will consist of Live oaks, cabal palms, flowering trees and accent plants with a six -foot post and panel wall with a continuous hedge. The buffer will be located on a five -foot high berm. • Section I -I is a minimum 20 -foot landscape buffer between the Turnpike Interchange and the lake on the eastern edge of the Mirasol PCD. The hedge will feature shade trees (including Live Oaks, red cedars, sabal palm clusters, and a continuous hedge on a five -foot high berm. • Sections K -K and IL is a landscape buffer between eight feet and 14.5 feet in width between the commercial outparcel and the Mirasol fire station site and eastern lake. The buffers will include Live Oaks trees, Sabal palms and a hedge. The proposed PGA Boulevard, Jog Road and Hood Road Parkway buffers will extensively use the existing vegetation, which partially. consists of slash pines, saw palmettos, cocoplums, 4 cypress, and wax myrtles. The roadways will be extensively lined with canopy trees, sabal palms, slash pines, and a variety of flowering trees. The project entrances and traffic circles will be extensively landscaped with specimen oaks, date palms, sabal palms, canopy trees, slash pines, and flowering trees on meandering and undulating berms. Plans for the pump house have also been included. The pump house will be constructed of concrete walls with stucco and a barrel tile roof to match the architectural theme established for all common area structures, such as the guardhouses and sales center. The Hood Road parkway plans include a 12 -foot wide bicycle path within the 90 -foot buffer. The roadway buffer will include existing pine trees and saw palmettos supplemented by sabal palms, slash pines, and canopy trees. A continuous hedge and six -foot fence is also proposed along the southern edge of the parkway buffer. Four distinctive streets lights are proposed for the project. The roadway lighting will be 35 -feet in height with a 400 watt metal halide lamp in a shoebox fixture. The sidewalk light will be 15 feet in height and will feature a decorative concrete pole and an "acorn" lighting fixture. The two types of entrance lighting will feature 20 -foot high decorative metal poles for a single "acorn" lighting fixture and a 15 -foot high decorative metal pole for the double "acorn" lighting fixture. STAFF COMMENTS No objections have been received with regards to this petition. However, staff currently has no commitment from the applicant to pay for the electrical services for the street lights along Jog Road. PLANNING & ZONING COMMISSION The P &Z Commission reviewed the landscape plans as required by Condition 14 of Ordinance 8, 2000, which was from the north side of the rotary, north of PGA Boulevard, to a line parallel with the Southern boundary of Parcel D. They requested staff of confirm the locations of the drinking foundations, of which there are three. They recommended approval-with staff's condition to include "street and pathway lights ". RECOMMENDATION Staff recommends approval of Petition MISC -01 -01 with the following condition: • The master association for the Mirasol PCD (a k.a. Golf Digest) shall pay all electrical costs for the Mirasol parkway (Jog Road, East -West Parkway, and North -South Parkway) street and pathway lights, unless or until another entity assumes responsibility,for such costs. • • • • FILE No.864 U1 /J1 'Ul 1b :2"3 Ill= U1,03AN DLS1GN SIUDIU I FAX: bblEitfyU551 �a t 1 1 • t �♦ • • ii � 1}} �ii �tl I tnww • 11• 1 � !ie Jog Hood Parkway gnat - ILarlda= Plan �vltrasol � P PALM MACH CARDENS. PLOHDA �i ;g F'Fl( -t Idd tAMr01i Yru�s�elOw oorta�.r� � bi b • F.J FILE No.iZ4 011,31 'Vi it5:21 If.) :URBAN DESIGN STUDIO FAX = 5616890551 i� PAGE 2i 6 f iF .kg Road F'wUM Biller - Mn r1 Jw irasol 00L.F mEgr>m TAnMwOCaF10w { g PALM MACH GAMM. RSA oCk*AUNrMM • • • rit.- IVo.004 Vlisl 'vi 1ti :C1 1 :WHAN DESIGN STUDIO FAX = 5616890551 PAGE �t3./ 6 .lop Road Parkway Buller - LwWw apa Pkn r : 'e ✓, L 4�VVJ 0 {� GOLF DK EST PCL) a PALM BEACH OARDENS . FLORDA i ►I �t• ddd i TAVl.4i 111000FtOW � I a FILE No.864 01 /31 '01 16:22 ID:URBAN DESIGN STUDIO FAX:5616890551 NAU'E 4i 6 1 ®� kill Ec f'— s � fill �{ -� - ��- - -• . �__ .. �� -- .. - f ...-� _ . �_ .r -.. _ I . ._ ._ mom--- .may a �R 31 sp r $ Jog Road Parkway MAW - Landeoape ftn j fill[ l c r �� Miraso( GOLF DIGEI37 FC9) lip j d PALM BEACH GARDENS, F LORDA tames 1 • • • "J'umu"'J VtZMA STUDIO FAX 5616890551 PAGE 6 j_. a ij all —:- 7--:- --= -• = - - I --Zn I Ski RJORDA WOM Jog Road Partway WW - Lwwl.." PM viraso C GW DKWM PCD WO -;A W", PALM BEACH GAFOENs. FLORDA. RESOLUTION 29, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF PERIMETER LANDSCAPE BUFFERS, NORTH -SOUTH PARKWAY LANDSCAPE BUFFERS, PUMP HOUSE ELEVATIONS, AND LIGHTING PLANS FOR THE MIRASOL (F /K/A GOLF DIGEST) PLANNED COMMUNITY DEVELOPMENT LOCATED ON 2,304 ACRES AT THE NORTHWEST CORNER OF FLORIDA'S TURNPIKE AND PGA BOULEVARD, AS MORE PARTICULARY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for miscellaneous approval of the landscape plans for the Parkways adjacent to Jog Road, PGA Boulevard and Hood Road, as well as the PCD Buffers within the Mirasol (Golf Digest PCD); and . WHEREAS, the 2,304.79 acre Mirasol site is currently zoned Planned Community District (PCD) with a Future Land Use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the landscape buffer and parkway plans for the Mirasol PCD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves; (1) Parkway landscape plans for Jog Road, PGA Boulevard and Hood Road; (2) Planned Community Development landscape buffer plans; and (3) irrigation pump house elevations for the Mirasol PCD, located at the northwest corner of Florida's Turnpike and PGA Boulevard, as described in Section 3 below. SECTION 2. This resolution is approved subject to the following condition: • 1. The Master Association for the Mirasol Planned Community District shall pay all future electrical costs for the Mirasol parkway (Jog Road, East -West Parkway and North -South Parkway) street and parkway lights, unless or until another entity assumes responsibility for such costs. SECTION 3. Construction of the improvements described in Section 1 shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. North -South Parkway/PGA Boulevard parkway Buffer Landscape Plans, Krent Wieland Design, Inc., various dates, Sheets L -1 to L -20. 2. Golf Digest PCD Buffers, Urban Design Studio, various dates, Cover page and Sheets LA -1 to LA -10. 3. Hood Road Parkway Landscape Plans, Urban Design Studio, various dates, Sheets LA -1 to LA -9. 4. Irrigation Pump House Plans and Elevations, Jeffrey A. Ornstein, P.A., Architect, November 28, 2000, One Sheet. SECTION 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK DAY OF 2001. APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN _ COUNCIL WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO • 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • Date: 02/28/01 Meeting Date: 03/15/01 Subject/Agenda Item Resolution 44, 2001, Appointinq Kenneth Steele to the Board of Trustees of the General Employees' Pension Plan. Recommendation /Motion: Consider a motion to approve Resolution 44, 2001 Reviewed by Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 [ I Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ I Operating Attachments: Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson kR 6 Finance Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City anag r X ]Not required BACKGROUND: See attached memorandum. • C, J CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: February 28, 2001 FROM: Kent R. Olson, Finance Director KR6 SUBJECT: Resolution 44, 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. The firefighters elect two trustees, and these four trustees choose a fifth trustee to provide the Board with five members. All trustees serve for a three -year term and may succeed himself or herself. DISCUSSION There is currently an opening on the General Pension Board for the fifth trustee. The Pension Board met on February 26 and elected Kenneth Steele to serve as the fifth trustee. Section 3 -128 of the City's Code requires the Council to appoint Mr. Steele to the Pension Board as a ministerial duty only. Resolution 44, 2001, provides for Mr. Steele's appointment to the General Employees' Pension Board to meet this Code requirement. RECOMMENDATION Staff recommends adoption of Resolution 44, 2001, appointing Kenneth Steele to the Board of Trustees for the General Employees' Pension Plan. RESOLUTION 44, 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, Kenneth Steele 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 March 15, 2004. Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption. INTRODUCED, PASSED AND ADOPTED this 15th day of March, 2001. ATTEST: CAROL GOLD, CMC, 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 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 5' 2001 Date Prepared: February 28' 2001 Subject/Agenda Item Resolution to apply for Palm Beach County EMS Grant Funding Recommendation/Motion: Approval of Resolution Reviewed by: -- Originating Dept.: 147 Fire Rescue Costs: $_0 Total Council Action: City Attorr f ( ] Approved (C R Brown) Finance $ [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. - Other Advertised: Funding Source: ( ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ ] Other Proposed Resolution Submitted by� Fire Chief Peter T. B Department Head Affected parties otified Budget Acct. #:: [ ] None Approved by: City Ma e [ X ] Not required BACKGRO ND: Each year, Palm Beach County receives state monies earmarked to improve and expand Emergency Medical Services in the community. The Palm Beach Gardens Fire Rescue Department, would like to apply for a portion of these funds ($6,000.00) for the purpose of purchasing field equipment, not funded in the FY 00 /01 budget. These funds will be used to acquire Intravenous Medication Pumps. This purchase will allow for the addition of new medications to existing protocols and will insure the best possible delivery of current medications during patient transports. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 45, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO FILE AN APPLICATION REQUESTING A PORTION OF THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES SURCHARGE FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Palm Beach County has received monies from the State which have been placed in an Emergency Medical Services Surcharge Fund to be distributed to providers of Emergency Medical Services to improve and /or expand the County EMS system; and WHEREAS, these fund are available to the City as part of a local competitive grant process; and WHEREAS, the City is eligible to receive a portion of these funds because the City of Palm Beach Gardens Fire Rescue Department is the sole provider of Advanced Life Support within the City of Palm Beach Gardens; and WHEREAS, the City Council determines that the filing of an application for such funds is in the best interests of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor to make application to Palm Beach County Emergency Medical Services for funds to be made available to the City from the Palm Beach County Emergency Medical Services Surcharge Fund. Upon receipt of such funds, no portion of the existing operating budget for Emergency Medical Services shall be reduced or diminished. 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. 0 . -1- 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 1 HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK • -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 5, 2001 Meeting Date: March 15, 2001 Subject/Agenda Item: Consideration of approval of Resolution 46, 2001, repealing Resolution 2, 2001 and authorizing the Mayorand City Clerk to execute an Art Consulting Services Agreement with Joel Straus Consulting. Recommendation: Approval of Resolution 46, 2001 Reviewed by: City Attorney Finance ACM Other Submitted by: City Attorney Parks and Recreation Approved by: City Manager 4_ %errs:, U-1 Originating Dept: Parks and Recreation Advertised: Art News (Summer.2000) Art in America (July 2000) P.B. Post (July 30, 2000) Voices & Venues (July /August 2000) Cultural Affairs Newsletter - Dept. of State (June & August issues) Affected parties: [ X] Not Required Costs: $35,000.00 plus estimated expenses of $6,400 Total Cost: $41,400 Funding Source: [ ] Operating [ X] Other — Art Fund Budget Acct. No. 17- 1400 - 515 -3150 Council Action: [ ] Approved ( ] Approved with conditions [ ] Denied [ ] Continued to: IAttachments: Memoranda to City Manager Resolution 46, 2001 Art Consulting Services Agreement 0 M E M O R A N D U M WATTERSON, HYLAND & KLEfT, P.A. To: Ronald M. Ferris, City Manager From: Leonard G. Rubin, City Attorney Subject: Art Consulting Services Agreement Date: March 5, 2001 cc: Sue Miller, Director of Parks and Recreation This is a request for approval of Resolution 46, 2001, authorizing the Mayor and City Clerk to execute a revised Art Consulting Services Agreement with Joel Straus Consulting. The City Council originally approved the execution of an Art Consulting Services Agreement with Joel Straus at its January 4, 2001 meeting through the adoption of Resolution 2, 2001. While the original Agreement had been provided to Mr. Straus prior to the January 411 meeting, he failed to provide any comments. Upon receipt of the approved Agreement, Mr. Straus requested a number of changes which have been incorporated into the revised Agreement. The major revisions are as follows: 1. Article 2 has been clarified to provide that all agreements with Artists shall be made by the City and not the Consultant. 2. The Basic Services have been broken down into three phrases and the specific tasks have been outlined in an Exhibit to the Agreement. 3. Article 5 has been amended to provide for termination by the City and the Consultant with thirty days' written notice. Prior to termination, the City is required to provide the Consultantwith notice that he is in default and provide him with an opportunity to cure. The proposed changes have been reviewed and approved by the Art Advisory Task Force. Should you have any questions relative to the foregoing, please do not hesitate to contact me. • • • • ..�., CITY OF PALM BEACH GARDENS -MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: December 7, 2000 FROM: Amy Stepper, Art Advisory Task Force Staff Liaison APPROVED BY: Sue Miller, Director of Parks and Recreation SUBJECT: Art Consultant for Palm Beach Gardens Municipal Complex BACKGROUND The City of Palm Beach Gardens Art Task Force has completed its search for an Art Consultant for obtaining art for the exterior and interior lobby of City Hall. Deadline for RFP was September 29`h, 2000. DISCUSSION The City received a total of three proposals in response to the REP. The proposals we received are summarized below. Companv Joel Straus Consulting Art Sources Inc. E.C. May & Co Fee 541,400 (Including estimated expenses) 565,000 (Including estimated expenses) $62- 75.000 (Depending on expenses) Task Force reviewed the proposals based upon the criteria listed in the RFP. Based upon these evaluations and the points system devised, the Task Force rated Joel Straus as the best qualified to perform this work. He scored 84 points. Art Sources scored 81points and E.C. May scored 73 points. RECOMMENDATION Task Force recommends awarding the proposals to Joel Straus Consulting at a cost of $35,000 fee + $6,400 of estimated expenses for a total of $41,400. 0 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 46, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REPEALING RESOLUTION, 2, 2001 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ART CONSULTING SERVICES AGREEMENT WITH JOEL STRAUS CONSULTING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Proposals for a public. art consultant for the municipal complex; and WHEREAS, City staff, in conjunction with the Art Advisory Task Force, reviewed the three proposals submitted and recommended awarding a contract to Joel Straus Consulting; and WHEREAS, the City Council initially approved an Art Consulting Services Agreement with Joel Straus Consulting on January 4, 2001 through the adoption of Resolution 2, 2001; and WHEREAS, subsequent to the adoption of Resolution 2, 2001, the City and Joel Straus have negotiated a number of revisions to the original Agreement and the City Council has determined execution of the revised Art Consulting Services Agreement with Joel Straus Consulting to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby repeals Resolution 2, 2001 in its entirety. SECTION 3: The City Council hereby authorizes the Mayor and City Clerk to execute an Art Consulting Services Agreement with Joel Straus Consulting, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, to assist the Municipal Complex Art Task Force in planning, acquiring and installing artwork within the City's municipal complex. 0 -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK • -2- ._ , , 2001. • ART CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ( "City ") and Joel Straus, individually, doing business as Joel Straus Consulting ( "Consultant "). WHEREAS, the City desires to retain the services of the Consultant to assist the Municipal Complex Art Task Force in planning, acquiring and installing artwork within the - City's municipal complex. - -- NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Developer and the City agree as follows: ARTICLE 1. INCORPORATION OF RFP The terms and conditions of this Agreement shall include the terms, conditions and specifications set forth in the City's Request for Proposal (`RFP ") for Public Art Consultant for City Hall Complex, dated May 2000, and the Consultant's Response to the Request for Proposal, dated September 28, 2000, including all documentation required thereunder. 0 ARTICLE 2. SCOPE OF BASIC SERVICES The Consultant shall perform those services identified in Section 6 of the specifications accompanying the City's RFP, which are incorporated herein by reference, and are more specifically outlined in Exhibit "A" attached hereto and incorporated herein by reference. The Exhibit does not supplant the RFP and the Consultant shall, to the extent possible, comply with the terms of each. In the event of an express conflict between the terms of the RFP and Exhibit "A," the Exhibit shall control. The Consultant shall not enter into any agreements on behalf of the City. All agreements to purchase or commission Art and to render services with regard to the acquisition of Art shall be made by and through the City. ARTICLE 3. COMPENSATION A. Basic Services The City shall pay to Consultant the sum of $35,000.00 as compensation for performing the services outlined in Article 2. 0 B. Additional Services Any additional services outside the scope of the Basic Services must be preauthorized by the City in writing, provided, however, that any authorized services performed prior to the effective date of this Agreement shall be considered additional services. The compensation for such additional services shall be charged hourly at the following rates: Joel Straus: $150.00 per hour Support Personnel: $ 60.00 per hour C. Reimbursable Expenses - The City shall reimburse the Consultant for actual expenditures, at cost, incurred in connection with providing the services contemplated under this Agreement. Such reimbursement shall be limited to: travel costs (coach class airfare), hotel costs (subject to pre - approval by the City), meals, transportation, parking,, copies, reproductions, photography, blueprinting, postage, faxes, digital scans, imaging and long distance telephone calls. The City's obligation to reimburse the Consultant for expenses incurred by the Consultant shall not exceed $6,400, unless pre - approved by the City in writing. D. Delays in Completion If the Consultant is prevented, directly or indirectly, by or through the City and/or the Art Task Force from completing the Basic Services of the Program on or before July 1, 2002, the parties agree to negotiate in good faith for such compensation payable to the Consultantwhich shall be reasonable and equitable and shall not be considered Additional Services. E. Retainer Upon execution of this Agreement, the City shall pay the Consultant a retainer in the amount of $5,000, which shall be applied against the cost of the Basic Services. F. Invoices The Consultant shall submit invoices to the City on a monthly basis. Invoices shall be broken down into three categories: (1) percentage of completion of Basic Services; (2) authorized Additional Services performed, if any; and (3) an itemized listing of all Reimbursable Expenses. G. Payment The City shall pay each invoice within thirty (30) days from receipt. Unpaid invoices shall bear interest in accordance with the Florida Prompt Payment Act. -2- ARTICLE 5. TERMINATION A. Termination by the City If the Consultant fails to perform in accordance with the terms of this Agreement, the City may terminate this Agreement by providing thirty (30) days' written notice to the Consultant. The Consultant shall have the opportunity to cure such default during the thirty (30) day notice period. If the Consultant has not cured the default during the thirty (30) day notice period, this Agreement shall terminate, and the City shall pay the Consultant for all services actually rendered and all reimbursable expenses incurred through the date of termination in accordance with the terms of this Agreement. The Consultant waives any claims for damages from such termination, including, but not limited -to, lass of anticipated profits. B. Termination by the Consultant The Consultant may terminate this Agreement by providing thirty (30) days' written notice to the City. Unless the Consultant is in breach of any term of this Agreement, the City shall pay the Consultant for services actually rendered and reimbursable expenses incurred through the date of termination in accordance with the terms of this Agreement. ARTICLE 6. INDEMNIFICATION The Consultant recognizes that he is an independent contractor and not an agent or servant of the City. In the event a claim or lawsuit is brought against the City, its officers, employees, servants or agents directly relating to or arising out of the Consultant's performance under this Agreement, the Consultant hereby agrees to indemnify, save and hold harmless the City, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever. ARTICLE 7. MISCELLANEOUS PROVISIONS A. Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return receipt requested, to the following addresses: As to City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799 -4111 • -3- with a copy to: Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Attn: Palm Beach Gardens City Attorney Facsimile: (561) 627 -5600 As to the Consultant: Joel Straus Consulting 1404 W. Thorndale Avenue Chicago, Illinois 60660 Attn: Joel Straus Facsimile: (733) 769 -3943 B. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. C. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. D. Assignability. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. E. Severability. If any part of this Agreement is contrary to; prohibited by or deemed invalid underapplicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. F. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shall lie exclusively in Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection of venue. G. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. H. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. I. Construction. The parties acknowledge that each has shared equally in-the drafting and preparation of this Agreement and, accordingly, a Court or Administrative Hearing Officer construing this Agreement shall not construe it more strictly against one 0 -4- party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. J. Attorney's Fees. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non - prevailing party shall pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. K. Equal Opportunity. The City and the Consultant agree that no person shall, on the grounds of race, color, gender, national origin, ancestry, marital status, disability, religion, creed or age be discriminated- against in the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of [SEAL] ATTEST: , 2001. CITY: CITY OF PALM BEACH GARDENS In Mayor City Clerk Executed by the Consultant this day of ,2001. CONSULTANT: JOEL STRAUS CONSULTING By: Joel Straus WITNESS: Name: • -5- EXHIBIT "A" SCOPE OF BASIC SERVICES The Consultant shall be responsible for organizing and implementing the Basic Services in a professional manner to achieve a high quality art program for the City. The Consultant's Basic Services shall include assisting the Task Force in all matters relating to the public art program for the municipal complex. The Basic Services shall be divided into three phases: 1. Master Planning 2. Commissions and Acquisitions 3. Installation Phase 1: Master Planning (estimated to be 20% of the Basic Services) Coordinate with the Task Force the development of a Mission Statement and the parameters for the evaluation and selection of artwork. 2. Evaluate the architectural plans in coordination with the Task Force to ascertain flow patterns and building usage to choose sites for the artwork. 3. Design a preliminary budget estimate based on the parameters of the Master Plan, allocating funds for specific art locations based on the location's proportions and relative importance in terms of visibility and usage, estimated costs for installation, structural work, framing, catalogues, art labels, contingency fees, and reimbursable expenses. 4. Prepare a preliminary time line and completion schedule. 5. Obtain approval of the Master Plan from both the Task Force and the City Council. Phase 2: Implementation (estimated to be 70% of the Basic Services) Upon approval of the Master Plan, the Consultant shall act as agent for the Task Force and/or the City in the purchasing and commissioning of art. The Consultant's duties shall include the following: Meet with the Task Force and the City Council to review, discuss and approve the Consultant's recommendations for art and budget estimates. 2. Following approval by the Task Force and the City Council, negotiate the acquisitions for existing works of art and the agreements for commissioning the works of art. 3. Recommend building design changes to accommodate art. 4. Monitor progress of fabrication of the commissioned art including visits to artists' studios for onsite inspection, as warranted. 5. Submit to the Task Force financial updates for the Task Force's compilation and issuance of art budget reports reflecting the projected versus actual costs as the actual costs become available. Cost related to the art will include shipping, storage, framing and other preparation costs, including final delivery to the site. Phase 3: Installation (estimated to be 10% of the Basic Services) 1. Recommend to the Task Force qualified independent art mover /installation firms for the storage (if necessary), the moving and the installation of art to designated locations within the municipal complex. 2. Assist the Task Force in coordination of delivery of the art to designated site locations. 3. Supervise installation of art. 4. Assist Task Force in finalizing budget. P: \CPWin\ HISTORY\ 001219A \43F.59(319.062)Igr -doc89 • • CI 411" V4-- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: March 2,, 2001 Subject/Agenda Item: Ordinance No. 2, 2001 regarding Water Shortage Regulations Recommendation /Motion: It is recommended that Ordinance No. 2. 2001 be adopted. Reviewed by: Originating Dept: Costs: 4 NIA Council Action: - Total City Attorne4?�'� Growth Management [ ] Approved Finance Code Enforcement 9'n! Divisi %i L" y W� �� t��'" Other $ NIA [ ] Approved Vd nandnms Current FY [ ] Denied Funding Source: NIA [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Ordinance No. 2, 2001 2 se�a�r Water [x ] Not Required 3. e°cr a�onal Water se a ix S by: O Mgt Director Affected parties [ ] Nottfed Budget Acct #: [ l None Approved by: City Man ag [ x ] Not required BACKGRO 4: On September 13, 2000 in response to the continued low level of Lake Okeechobee, South Florida's backup water supply and as an option included in the South Florida Water Management District's water - supply contingency plan, developed this summer to ensure adequate regional supplies until next summer, the District advised all users in Monroe, Miami -Dade, Broward and Palm Beach counties to voluntarily conserve water resources. The intended result was to achieve a 15% reduction in consumption. This goal was not achieved as evidenced by only an average of 1 -10% water use reduction. City Council Meeting Date: March 15, 2001 Preparation Date: March 2, 2001 Ordinance No. 2, 2001 On November 29, 2000, an Emergency Water Shortage was declared by the District, followed by an emergency order on December 8, 2000 placing mandatory Phase I restrictions on water usage in Monroe, Miami -Dade, Broward and Palm Beach counties. These restrictions primarily affected residential water usage for landscape irrigation and car washing. The anticipated result was a 15% reduction in water use. On January 11, 2001 the District determined that Phase I water use reduction yielded only a 10% decrease and subsequently imposed more stringent Phase II restrictions on water usage. Current conditions indicate that water levels in Lake Okeechobee are at a record low level and receding at a considerable pace. Further, the Climate Prediction Center is projecting a high probability of below average rainfall from December through March 2001 in the Lake Okeechobee Service Area and the Lower East Coast. The District has requested the assistance of the City in the implementation and enforcement of the current water shortage order. Adoption of Ordinance 2, 2001, authorizes law enforcement officers and code enforcement officers to obtain compliance through both an assertive educational campaign and, when necessary, the issuance of written citations to violators. Ordinance 2, 2001 also provides for a fine schedule and,recoveay of all fees to be deposited in the general fund of the City. RECOMMENDATION: Staff is recommending adoption of Ordinance 2, 2001. • • ORDINANCE NO. 2, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF PALM BEACH GARDENS ENTITLED UTILITIES, BY CREATING A NEW ARTICLE IV, SECTIONS 74 -71 THROUGH 74 -77, ENTITLED "WATER SHORTAGE REGULATIONS;" PROVIDING FOR SEVERABILfTY; PROVIDING CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting the City of Palm Beach -10 Gardens; and • WHEREAS, during such water shortage condition, the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; and WHEREAS, upon the existence such conditions, it becomes imperative to the public well being that certain uses of water be restricted or curtailed and that available water resources be allocated; and WHEREAS, the South Florida Water Management District has primary responsibility under Chapter 373, Florida Statutes, for regulating water use and allocating available water supplies during periods of water shortage; and WHEREAS, the South Florida Water Management District has adopted a "Water Shortage Plan," codified as Chapter 40E -21, Florida Administrative Code, for the purpose of allocating and conserving water resources during periods of water shortage and maintaining a 1 C, uniform approach towards water use restrictions; and, WHEREAS, the South Florida Water Management District has requested the assistance of the City of Palm Beach Gardens in the enforcement of the provisions of the "Water Shortage Plan "; and WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty of county or municipal governmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District; and WHEREAS, the City Council of the City of Palm Beach Gardens hereby finds and declares that adoption of this ordinance is necessary, appropriate, ,and in the public interest of the citizens of this community. 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 and incorporated herein. Section 2. The City Council hereby amends Chapter 74, of the Code of Ordinances of the City of Palm Beach Gardens "Utilities ", by creating a new Article IV, "Water Shortage Regulations" to read as follows: 0 2 ARTICLE IV. WATER SHORTAGE REGULATIONS Section 74 -71. INTENT AND PURPOSE. The intent and purpose of this Article is to protect the water resources of the City of Palm Beach Gardens from the harmful effects of over utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. Section 74 -72. DEFINITIONS The following terms, phrases, words and their derivatives, when used in this article, shall have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory., (a) `District" means the South Florida Water Management District. (b) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind., (c) "Water resource" means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground_. (d) "Water shortage condition" means when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within 3 a particular area to protect the water resource from serious harm. (e) "Water shortage emergency" means that situation when the powers which can be exercised under Part II of Chapter 40E -21, Florida Administrative Code,, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Section 74 -73 APPLICATION OF ARTICLE (a) The provisions of this Article shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as determined by the District, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. (b) The Article shall not apply to persons using treated effluent or saltwater. Section 74 -74 AMENDMENTS TO WATER SHORTAGE PLAN Chapter 40E -21, Florida Administrative Code, as it may be amended from time to time, is incorporated herein, by reference as a part of the Codes of the City of Palm Beach Gardens. Section 74 -75 DECLARATION OF WATER SHORTAGE; WATER SHORTAGE EMERGENCY The declaration of a water shortage or water shortage emergency within all or part of the City of Palm Beach Gardens by the Governing Board or Executive Director of the District shall invoke the provisions of this Article. Upon such declaration all water use restrictions or other measures adopted by the District applicable to the City of Palm, Beach Gardens, or any portion thereof, shall be subject to enforcement action pursuant 0 4 • • to this Ordinance. Any violation of the provisions of Chapter 40E -21, Florida Administrative Code, or other any order issued pursuant thereto, shall be a violation of this Article. Section 74 -76 ENFORCEMENT Every law enforcement officer, code enforcement officer, or sheriff having jurisdiction in the area governed by this Article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Ordinance. Section 74 -77 ENFORCEMENT; PENALTIES (a) Failure to comply with the requirements of Article shall be subject to the following penalties: First violation $25.00 Second violation $250.00 Third and subsequent violations Fine not to exceed $500.00 and /or imprisonment in the County jail not to exceed 60, days. Each day in violation of this Article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The City of Palm Beach Gardens, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to emergency injunctive action, to enforce the provisions of this Article. All monies collected pursuant to this Article shall be deposited in the general fund of the City of Palm Beach Gardens. 5 Section 2 The provisions of this ordinance shall become and made part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance maybe renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article," or any other appropriate word. Section 3: All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. Section 4: If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 5:. This Ordinance shall take effect immediately upon adoption_ • • 6 • PLACED ON FIRST READING THIS l$ DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 11 , 2001. PASSED AND ADOPTED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTEST: CAROL GOLD COUNCILWOMAN LAUREN FUR'. TADO COUNCILMAN CARL SABATELLO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 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The approval of this site will also provide for the extension of the Hood Road Parkway from Alternate Al east to Prosperity Farms Road via Flamingo Road. The 434.19 -acre site is located east of the intersection of Alternate All and Hood Road. (7- 42S -43E) RECOMMENDATION Staff recommends approval of Ordinance 4, 2001, which contains 65 conditions of approval and two waiver requests. Reviewed by: Originating Dept.: Costs: $ Council Action: Total [ ] Approved $ [ ] Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: [ ] Operating I Attachments, [ ] Other • Ordinance 4, 2001 • Legal Description • Master Plan Budget Acct. #:: [ ] None City Attorn y Finance NA ACM Human Res. NA Other NA Manag ement C Advertised: Date: Paper: i Submitted b [X] Not Required Growth Managem nt Affected parties Director Approved by: otifed City M a [X] Not required Costs: $ Council Action: Total [ ] Approved $ [ ] Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: [ ] Operating I Attachments, [ ] Other • Ordinance 4, 2001 • Legal Description • Master Plan Budget Acct. #:: [ ] None • City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 REQUEST Land Design South, agent for Toll Brothers Development Company, Inc. Incorporated, is requesting Planned Community Development Overlay District (PCD) approval to construct 530 residential units and an 18 -hole golf course. The approval of this site will also provide for the extension of the Hood Road Parkway from Alternate A1A east to Prosperity Farms Road via Flamingo Road. The 434.19 -acre isite is located east of the intersection of Alternate A1A and Hood Road. (742S43E) BACKGROUND This is a vacant parcel of primarily unimproved land, which in the past has been used primarily for agricultural purposes. To the north of the site is the Frenchman's Creek PCD. To the south of the site is the Cabana Colony residential subdivision, located within unincorporated Palm Beach County. To the east is the Palm Beach County Frenchman's Forest Preserve. To the west are Alternate A1A and the FEC Railroad. This parcel was part of the MacArthur land divestiture, and is subject to the remaining conditions of the Forbearance Agreement. The present owners are Toll Brothers, Inc. This property has been subject to a development approval in the past. The "Wynfield" or "Millpond" community proposed 1,700 dwelling units for the subject site and the site of the present day Frenchman's Forest. This proposed community was never approved by City Council. LAND USE & ZONING The subject site is zoned Planned Development Area (PDA), has a future land -use designation of Residential Low (RL), and is listed as Residential Low (RL) on the Vision Plan. The applicant wishes to rezone the site to Residential — Low Density 3 (RL -3), with a Planned Community Development Overlay District (PCD). For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) examines the consistency of the proposed project with the City Code and future land -use designation for the site. CONCURRENCY The proposed project received concurrency certification on December 8, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic 0 2 f • • City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 concurrency is contingent upon several provisions, which have been incorporated into the proposed conditions of approval. PROCEDURE This is a request for approval of a Planned Community Development Overlay District (PCD). The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for PCD approval, and makes a final determination of approval, approval with conditions, or denial. AB LE 1 IME tNGA MEE�t 1G E �Im , EXLSTIN;G US w , , � ZQNING� � #, . - ---- SE t , _ ; Residential -- Low Density (RL) Subject Property Planned Development Area Vacant/Undeveloped (PDA) North Planned Community District Frenchman's Creek Planned Residential — Low Density (RL) Community District (PCD) South Palm Beach County Palm Beach County — RM -5 Unincorporated Palm Beach Residential Medium County — Cabana Colony Residential Community East Planned Development Area Conservation Frenchman's Forest County Preserve West Alternate Al A, FEC Railroad Seacoast Utilities Public/institutional Public Unincorporated Palm Beach Palm Beach County AR — SE Palm Beach County MR5 County — Campground Undeveloped lands — Palm Palm Beach Gardens PDA Residential Medium Beach Gardens — Proposed 3 • City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 lI Evergreen PCD I I II Site = Residential — Low Density Residential — Low Density 3 1 Yes Maximum Residential Density 1.22 d.u. /acre Yes RL : 5 d.u. /acre Minimum PCD development 50 acres Yes size: 434.19 acres Unified Control: One property owner Yes One property owner Community Serving Open 24 % Yes Space: Minimum of 20% Community Serving Open To be reviewed at site plan level Yes Space: Residential Com onents: Minimum of 35% Upland Native Plant Community 49.01 acres Yes Preservation: Minimum of 25% identified PROJECT DETAILS Building Site The building site totals approximately 434.19 acres. The proposed plan will create 430 single - family detached homes and 100 attached units, for a total of 530 dwelling units. The development will also include a 40,000 square foot clubhouse, a 20,000 square foot tennis center and a 3,000 square foot pool and spa and eighteen -hole golf course. The applicant is also proposing to construct a 3.2 -acre maintenance facility on the south side of the Cabana Colony Canal, directly adjacent to the Cabana Colony residential community. The applicant is proposing a 36 -foot wide buffer around this site to screen the use from adjacent residential areas. A 100 -foot wide landscaped culvert will access the site. Site Access and Roadways Hood Road Parkway 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 A1A 4 City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 with Prosperity Farms Road, as required by the City's Comprehensive Plan. This extension must also meet the "Parkway" requirements set forth in both the Comprehensive Plan and the Land Development Regulations. These requirements called for "parkway treatments" within a 55 -foot corridor. The applicant is proposing a 60 -foot wide right of way with corridors on either side, which incorporate "parkway treatments" such as native landscaping and a meandering eight -foot multi -use pathway along the northern side of the right -of -way. Although at some locations along the Parkway, the parkway corridor is only 20 feet, the applicant has provided a 110 -foot corridor along a. significant length of the parkway. Averaging to meet the minimum width requirements is allowed per City Council approval. An internal "spine road" shall access all parcels within the proposed PCD, with the exception of one (Pod H). The spine road shall intersect with the Hood Road extension at a proposed roundabout. Si_gnage Entry signage is proposed at the intersection of Hood Road and Alternate A1A. The entry signage is to be incorporated into an overall entry feature design. The applicant is also proposing an overall PCD signage program for the individual parcel entries. The applicant has proposed a separate signage petition for review by the Planning and Zoning Commission and City Council. Landsca pinq/Bufferinq The site will have a 55 -foot landscape buffer along Alternate A1A, as required by the Land Development Regulations. The applicant is proposing a PCD buffer system surrounding the entire site. The buffer width varies from 0' at a minimum (at the point where Hood Road extension bisects the northern property line at the northeast corner of site) to 150' near the northwest corner of the property. Additional buffer widths include: 30 feet along the western boundary, Alternate A1A; 30 feet along the southern boundary, Cabana Colony Canal; 20 feet along the eastern boundary adjacent to the Frenchman's Forest preserve; 40 feet along the eastern boundary adjacent to Frenchman's Landing. The applicant shall be responsible for the landscaping, irrigation, and maintenance of the parkway easements and buffers on Hood Road Extension and Alternate A1A adjacent to the project. The property owners association documents shall provide language providing for the long -term maintenance responsibility. The applicant has also agreed to install landscaping along Flamingo Road, adjacent to the Sanctuary, Frenchman's Landing and Crystal Pointe communities. The applicant has indicated that they are in the process of developing a maintenance agreement with City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 the various homeowners associations to address the responsibility of maintenance of the landscaping. Phasing The proposed project will be built in one phase, beginning with Pod G in the western section of the site and proceeding to the eastern sections. The applicant has proposed to establish a temporary information center with direct access from Alternate AM a detail of which is included on the master site plan. The applicant is proposing a temporary sales center and a model home center, which is to be incorporated into the first site plan petition (Pod G). The applicant has provided a site plan of the sales and model home center as part of the PCD approval request. Drainage There are ten retention lakes provided on -site to handle stormwater run -off. These retention facilities are incorporated into the golf course and residential parcel design as amenities. The applicant is required by code to provide for a 20 foot wide Lake Maintenance Easement (LME) around all retention facilities. Outfall from this site is achieved via three control structures. Two control structures drain into the Cabana Colony Canal along the southern boundary of the site, and the third control structure drains into the Frenchman's Preserve property, to the east of the site. • 6 City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 Waivers The applicant has submitted waiver requests, including justification statements (see attachment), for the following: Code Section Required Provided - Waiver Staff Recommendation Section 256 — Sidewalks Sidewalks to be Sidewalk One side Support provided on both on north of road. sides of street. side of sine road. Section 106 — Parkways Six foot sidewalk One 8 foot One side Support one side, 12 foot multi -use of road. multi -use pathway pathway, on the other. north side. OUTSTANDING COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEF (DRC) City Enqineer The City Engineer has several outstanding concerns. These concerns are outlined in the City Engineer's memorandum dated December 26, 2000, and have been incorporated into the conditions of approval. All DRC comments are on file at the Growth Management Office. COMMENTS FROM THE PLANNING AND ZONING COMMISSION At its January 9, 2001 meeting, the Planning and Zoning Commission held a public hearing on this petition. The main concern regarding the petition was the waiver request for site specific development standards (such as setbacks, building lot coverage, etc.). The Commission had a concern that the granting of these waivers at the master planning level may not be appropriate without the detail of the parcel site planning available. Staff has recommended to the applicant that they request these development standard waivers at the individual pod site plan approval level. In accordance with these concerns, the Planning and Zoning Commission unanimously recommended approval of petition PCD -99 -07 with 62 conditions of approval and two waiver requests, which were specific only to the master plan. 7 • 11 City Council Meeting Date: March 15, 2001 Date Prepared: February 1, 2001 Petition PCD -99 -07 STAFF RECOMMENDATION Staff is recommending that the City Council approve petition PCO -99 -07 with 65 conditions of approval. Staff is recommending that the City Council approve petition PCD -99 -07 with the following waivers from the Land Development Regulations: Code Section Required Provided Waiver Staff Recommendation Section 106 — Parkways Six foot sidewalk One 8 foot One side Support one side, 12 foot multi -use of road. multi -use pathway pathway, on the other. north side. Staff is not recommending approval of any of the waivers requested regarding lot specific land development regulations, such as setbacks, lot coverage, etc.. Staff is recommending that the applicant request these waivers at the site plan review level for each pod. \ \FILE_SRV\COMPROG \Short Range \pcd9907cc.doc • February 1, 2001 March 5, 2001 ORDINANCE 4, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TOLL BROTHER'S DEVELOPMENT COMPANY, INC. FOR APPROVAL OF A RE- ZONING TO PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONING WITH UNDERLYING ZONING OF RL-3 (RESIDENTIAL LOW) TO ALLOW FOR A 434.19 ACRE, 530 DWELLING UNIT RESIDENTIAL COMMUNITY WHICH INCLUDES AN 18 -HOLE GOLF COURSE AND A CLUBHOUSE FACILITY LOCATED DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Toll Brother's Development Company for approval of a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 434.19 acre site is currently zoned Planned Development Area; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Community Development (PCD) known as Frenchman's Reserve; and 0 WHEREAS, the City's Planning and Zoning Commission has 18 Ordinance 4, 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate Al A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses 1) Fee simple residential 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 (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. The County must also approve parcel access points onto Palm Beach County roadways (City Engineer, Planning and Zoning). 3) 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 (City Engineer). 4) If the site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of lakes, the applicant shall obtain approval from the Growth Management Department prior to performed said work (City Engineer). 5) Within thirty days following the issuance of the first Certificate of Occupancy in Pod G, the petitioner shall remove the temporary information center and parking area (Planning and Zoning). 19 Ordinance 4 , 2001 Meeting Date: March 15, 2001 'Date Prepared: March 5, 2001 Petition PCD -00 -07 6) During the course of the development, all property within the PCD shall be platted (City Engineer). Environmental Preservation and Landscaping 7) The applicant, successors, or assigns shall be responsible for the installation and maintenance of the landscaping (including irrigation, electricity, mastarm lighting, crosswalk pavers, and overhead power) in the medians and along the eastern road shoulders of Alternate Al for those sections of the roadway adjacent to the Frenchman's Reserve Planned Community Development (PCD). The landscape plans for Alternate A1A shall be prepared by the applicant based on the City Roadway Beautification Master Plan, when said plan is adopted by the City. The Alternate A1A landscaping shall be installed prior to the first certificate of occupancy of Pod G, or the applicants shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. The City shall require, as a condition of approval of any new project located west of the Frenchman's Reserve PCD, that such new project shall bear its proportionate share of the cost of the continued maintenance of Alternate Al landscaping. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Alternate A1A, then the Frenchman's Reserve property owners association shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 8) Within 90 days of the effective date of this development order, the applicant shall submit detailed landscaped plans of the eastern shoulders of Alternate Al right - of -way, including medians, for that portion adjacent to the applicant's property and post surety acceptable to the City and Palm Beach County for installation of said landscaping. These plans shall be consistent with the proposed expansion of Alternate A1A from four to six - lanes. Installation of landscaping shall occur concurrent with the widening of Alternate A1A (Planning and Zoning). 9) Prior to approval of construction plans or commencement of land alteration, whichever occurs first, the applicant shall provide a management plan for golf course construction to ensure Best Management Practices are incorporated to eliminate the potential for nutrient laden runoff into the wetlands. Techniques may include spreader - swale, inverted fairways, etc. The plan shall also include development pod, golf course and cart path topographic elevations (City Forester, City Environmental Consultant). 20 Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 10) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and /or environmental consultant during land alteration/construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 11) The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 12) Prior to commencement of land alteration and /or construction, certification shall be required from the applicant's landscape architect and /or environmental consultant stating the highest quality preserve and buffer areas and all listed plant and animal species have been maintained on -site within a functional ecosystem (City Forester, City Environmental Consultant). 13) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management 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 (City Forester, City Environmental Consultant). 14) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed on -site road right -of -way anal parkway /buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for Growth Management Department approval. 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 Master Plan (Planning and Zoning). 15) Detailed road right -of -way and buffer landscape plans for non - public roadways shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 1* 16) Prior to commencement of land alteration /construction of any golf courses, a 21 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 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 (Planning and Zoning, City Environmental Consultant). 17) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and /or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). 18) 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 Growth Management Department approval (Planning and Zoning). 19) The removal of exotic vegetation, and the relocation of native vegetation anywhere within the PCD may commence upon PCD approval. The City and the petitioner's environmental /landscaping consultants shall monitor this work. No clearing of native vegetation shall occur until confirmed to be ready for such work by consultants through the City Forester and the Building Official. Siqnaqe 20) The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, water features, clocktowers, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). Dedication and Improvements 21) The applicant and /or its successors or assigns shall 'be responsible for the dedication and conveyance of a two acre site to be used for a fire /rescue and police substation as illustrated in the Master Plan. The applicant shall provide water, sewer, drainage and gas (if applicable) connections to the site concurrently with the construction of Hood Road. Such dedication and conveyance shall occur within 30 -days following approval of golf course maintenance facility site plan (Planning and Zoning). 22 • Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCO -00 -07 Traffic Concurrency and Circulation 22) Prior to the first certificate of occupancy, the applicant shall install the meandering eight foot sidewalk along the portion of Alternate Al that is adjacent to the site (City Engineer). 23) All land areas within the project shall have completed the recordation of plats, and the installation of on -site and off -site infrastructure and common landscaping (or providing surety for the same) prior to December 31, 2004. (City Engineer). 24) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of Substantial Completion as approved by the City Engineer and Fire Chief. Substantial Completion for Hood Road shall be defined as follows: the first lift of asphalt shall be installed; a complete and operable drainage system shall be installed; striping, if necessary, shall be installed; access of the entire alignment shall be provided for use by the City of Palm Beach Gardens Fire Department; and approval for use of the road by the Fire Department shall be granted by Palm Beach County. The installation of landscaping, sidewalks, or lighting fixtures is not W required for substantial completion. After March 30, 2002, no additional building permits (residential, sales center, models, recreation facility, etc. with the exception of the proposed Fire Station) shall be issued unless the City accepts substantial completion for Hood Road as noted above (City Engineer). 25) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 26) Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the supporting public infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 0 27) Prior to the issuance of the first building permit for any structure, the applicant 23 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00-07 shall provide surety that is acceptable to the City for the construction of the public improvements for the Spine Road. The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 28) Golf Course membership shall be exclusive mainly to the residents and their guests. Non - resident memberships shall be permitted until development has reached 640 trips from build -out, at which time non - resident memberships shall no longer be valid (Traffic Concurrency Condition). 29) No more than 1,589 daily trips (any combination of single and multi - family units generating 1,589 daily trips) may be permitted until the widening of Alternate A1A from PGA Boulevard to Hood Road has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 30) No more than 2,336 daily trips (any combination of single and multi - family units generating 2,336 daily trips) may be permitted until the construction of PGA Boulevard /Alternate Al flyover has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 31) No more than 2,920 daily trips (any combination of single and multi- family units generating 2,920 daily trips) may be permitted until the addition of eastbound and southbound through lanes has commenced at the intersection of Alternate A1A and Hood Road (Traffic Concurrency Condition). 32) No more than 3,451 daily trips (any combination of single and multi - family units generating 3,451 daily trips) may be permitted until the addition of exclusive right - turn lanes to the northbound, westbound and eastbound approaches at the intersection of Alternate Al and RCA Boulevard (Traffic Concurrency Condition). 33) No more than 3,662 daily trips (any combination of single and multi - family units generating 3,662 daily trips) may be permitted until the construction of dual -left turn lanes on the westbound and eastbound approaches at the intersection of Military Trail and Donald Ross Road (Traffic Concurrency Condition). 34) No more than 4,385 daily trips (any combination of single and multi - family units generating 4,385 daily trips) may be permitted until the conversion of one right - turn lane to a left -turn lane (to provide triple left turns) on the northbound approach at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be noted that in the event that the FDOT does not approve this change in lane configuration, a third left turn lane needs to be added to the northbound approach 24 Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5. 2001 Petition PCD -00 -07 (Traffic Concurrency Condition). 35) No more than 4,957 daily trips (any combination of single and multi - family units generating 4,957 daily trips) may be permitted until the construction of an additional exclusive northbound left -tun lane at the intersection of Alternate A1A and Donald Ross Road (Traffic Concurrency Condition). 36) For all required improvements that are not included in the County assured construction program, the Developer may enter into a Public Facilities Agreement (PFA) acceptable to the City within 6- months of the issuance of the Development Order, and before the first building permit is issued or provide the City with Surety (110 %) to guarantee the construction of said improvements (City Engineer/Traffic Concurrency Condition). 37) The applicant shall signalize the intersection of Hood Road and Alternate A1A prior to the Certificate of Occupancy for the Fire Station or prior to August 31, 2002, whichever comes first. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, lighting, etc. as approved. The signal shall be linked to the fire station for use as a pre - emptive signal until the activation of the full signal is warranted (City Engineer). 38) The developer shall perform an annual Signal Warrant Study for the intersection of Alternate A1A and Hood Road until such time that a fully operational signal is warranted. The existing signal described in Condition No. 4 above shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation (City Engineer). —.*-,- 39) Hood Road shall be fully constructed including all related improvements (landscaping sidewalk and lighting), approved by the City, and accepted by Palm Beach County prior to August 31, 2002 (City Engineer). 40) Prior to the issuance of the building permit for Hood (Road, the applicant shall provide surety that is acceptable to the City and to Palm Beach County for the construction of the public improvements for Hood Road. The "joint" surety shall be in a form that will be accessible to the City and /or Palm Beach County to install said public improvements (City Engineer). 41) No more than 1,788 daily trips (any combination of single and multi - family units generating more than 1,788 daily trips) shall be permitted until the widening of 25 Ordinance 4, 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has commenced. This condition does not apply if the road received a CRALLS designation (City Engineer). 42) Prior to the issuance of the final certificate of occupancy for this project, the spine road and all of the internal roadways shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). 43) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the landscaping for the Spine Road adjacent to and west of said pod to the satisfaction of the City Forester (City Engineer). 44) Prior to the issuance of the building permit for the Recreation Center, the applicant shall plat the entire Spine Road and provide surety for the construction of the same (City Engineer). 45) Prior to the issuance of the Certificate of Occupancy for any building within the Recreation Center parcel, the applicant shall construct the Spine Road to a point of Completion, less the final lift of asphalt. Staff notes that the installation of landscaping, sidewalks, and lighting will be required along the south side of the spine road to accommodate safe pedestrian access to the Recreation Center. Temporary crosswalks shall be provided across the spine road from each pod entry to said southerly sidewalk (City Engineer). 46) The applicant shall perform an annual Signal Warrant Study for the intersection of Prosperity Farms Road and Flamingo Road until such time that a fully operational signal is warranted or until the final Certificate of Occupancy of the project is issued, whichever comes first. If the signal becomes warranted within the above timeframe, the applicant shall contribute its pro -rata share of the installation cost of said signal (Planning and Zoning /City Engineer). 47) The applicant shall dedicate the Hood Road right -of -way by August 31, 2002 (City Engineer). Surface Water Manaqement 48) No construction of any portion of the surface water management system shall be undertaken without first submitting construction plans, specifications, and supporting computations for review and approval by the City. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City plans, specifications and supporting computations for 26 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 review and approval by the City (City Engineer). 49) Any proposed changes to any South Florida Water Management District permit shall be concurrently submitted to the City for review and City approval (City Engineer). 50) A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline (City ,Engineer). 51) Prior to the issuance of the first building permit, the applicant shall convey to the City in fee - simple ownership 40 -feet of canal right -of -way lying north of the southerly property line of the subject parcel (City Engineer). 52) Prior to the issuance of the first building permit, the applicant shall submit a design that is acceptable to the City Engineer for a means of conveying or for the flow of water in the Cabana Colony Canal and the proposed second outfall from NPBCID's Unit 2 under or through the proposed second outfall from NPBCID's Unit 2 under or through the proposed vehicular access to the Golf Course Maintenance Facility, including any increased flow from the proposed second outfall from NPBCID's Unit 2 (City Engineer). 53) Prior to the issuance of the first building permit, the applicant shall provide to the City a recorded copy of a drainage easement and a drainage agreement between the developer and Palm Beach County for any proposed stormwater discharge into and through Frenchman's Forest (City Engineer). 54) 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 stormwater Notice of Termination. 55) 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 Frenchman's Creek, Frenchman's Landing, Frenchman's Forest and Cabana Colony. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused 27 Ordinance 4, 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City. ----? L.F-„„c 0,o. -, W 56) Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the 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 or permanently discontinued, the partially constructed r. 3 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 and SFWMD. School Board 57) The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). Utilities 58) All utilities shall be placed underground and within road rights -of -way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). 59) 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 and Zoning Division within 30 days if granting the development order (Planning and Zoning). 60) Prior to the issuance of the building permit for each Pod, along with corresponding access and common spaces, the applicant shall provide approval letters from the appropriate utilities to relocate existing easements (Planning and Zoning). Public Safety 62) Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized 28 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 during the site planning of the development parcels (Police Department, Planning and Zoning). 63) 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 (City Engineer, Fire Department). Disclosure 64) Prior to the issuance of the first residential building permit, except model homes, 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 (City Attorney). 65) An annual report shall be submitted to the Growth Management Department by February 14th of each year, until the project has reached buildout, that describes the projects current status and compares its progress with the provisions of the development order (Planning and Zoning). SECTION 3. The following waiver is hereby granted with this approval: (1) A waiver from Section 106— Parkways of the Land Development Regulations, to allow for a eight foot multi use pathway on one side of the parkway. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: Official Exhibits: 1. March 2, 2001 Master Site Plan, Land Design South, 1 Sheet 2. December 14, 2001 PCD Buffer Plan, Krent Wieland, LA -PCD -1 3. November 7, 2001 PCD Buffer Plan, Krent Wieland, LA -PCD -2 through LA -PCD -9 4. January 29, 2001 Hood Road Landscape Plan, Krent Wieland, LAHR- 1 through LA -HR -7 5. January 29, 2001 Flamingo Road Landscape Plans, Krent Wieland, LAFRA through LAFR -5. 29 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 6. August 16, 2000 Hood Rd. and Alternate Al Conceptual Landscape Plans, Krent Wieland, LA -E1 through LA -E4. 7. September 27, 2000 Detail Sheet, Krent Wieland, LAHR -8 8. December 15, 2000 Spine Road Landscape Detail, Krent Wieland, LA -GLT 8. January 18, 2001 Master Drainage Plan, The Wantman Group, 2 Sheets 9.- January 18, 2001 Paving, Grading and Drainage Plan, Wantmann Group, 14 Sheets 10. January 18, 2001 Pavement, Marking and Signing Plan, Wantmann Group. 11. December 15, 2000 Hood Road /Flamingo Road Roadway Sections, Palm Beach County Engineering, 22 Sheets 12. December 14, 2000 Wetland Mitigation, Typical Cross Sections, CRZ Environmental, 1 Sheet 13. September 12, 2000 Mitigation Site Plan, CRZ Environmental, 1 Sheet 14. October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L- through L5. 15. November 8, 2000 Boundary Survey, Petzgold and Associates, 2 Sheets 16. July 15, 1999 Topographic Survey, Landmark Surveying & Mapping Inc., 4 Sheets Supportinq Documents: 17. June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates 18. September 19, 1999 Application for Alteration of Environmentally Significant Lands, Land Design South 19. August 2000, Uplands Preserve Management Plan, Gaia Consortium, Inc. 20. February 2, 2001 Memorandum of Understanding, Frenchman's Creek Homeowners Association, 1 Sheet SECTION 5. This approval expressly incorporates all representations made by the developer of its agents at any public meeting or hearing. SECTION 6. 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 7. All ordinances or parts of ordinances of the City of Palm 30 Ordinance 4 , 2001 Meeting Date: March 15 , 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, MMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 31 • Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 Petition PCD -00 -07 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILPERSON FURTADO COUNCILMAN SABATELLO VILE_SWCOMPROG \Short Range\pcd9907or1.doc 32 1-1 • EXHIBIT "A" 33 Ordinance 4 , 2001 Meeting Date: March 15, 2001 Date Prepared: March 5 , 2001 Petition PCD -00 -07 ► ► II ®"1 ■ %o li■n ■ m rm ` 0 . W ' f LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 31 AND 32, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A5 I FOLLOWS: THAT PORTION OF SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH I COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF THE CANAL SHOWN AND INCLUDED IN PALM BEACH CABANA COLONY PLAT 'NO. 1, AS RECORDED IN PLAT BOOK 26, PAGES 203 THROUGH 205 OF THE PUBLIC RECORDS OF PALM BEAC14 COUNTY, FLORIDA; ALSO LYING NORTH OF THE NORTH LINE OF PALM BEACH CABANA COLONY COMMERCIAL AREA ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 59 OF SAID PUBLIC RECORDS: AND LYING EAST OF THE EASTERLY 1 RIGHT -OF -WAY LINE OF STATE ROAD 811 (ALSO KNOWN AS ALTERNATE A -1 -A) SURVEY DESCRIBED IN THE DEED RECORDED IN OFFICIAL RECORDS BOOK 3694. PAGES 1690 AND 1691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LYING 1. TH1 SOUTH OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND IDENTIFIED AS FOF FOf "PARCEL TWO' IN THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 305, PAGES 121 THROUGH 124, PALM BEACH COUNTY RECORDS;) WHICH RUNS FROM THE 1 NORTHEAST CORNER OF SAID SECTION 31 TO A POINT ON THE EASTERLY RIGHT OF WAY 2, THI LINE OF STATE ROAD ALTER14ATE A -1 -A AS WAS LAID OUT AND IN USE ON NOVEMBER 24, 1976, SAID POINT BEING 153.37 FEET SOUTH OF, AS MEASURED AT RIGHT SUE ANGLES TO, THE NORTH LINE OF SAID SECTION 31. LESS THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5814, PAGE 1345. PUBLIC RECORDS OF A PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THE NORTHWEST QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LESS THE NORTH 1,320 FEET THEREOF AND LESS THE RIGHT -OF -WAY FOR PROSPERITY FARMS ROAD. TOGETHER WITH THAT PART OF THE SOUTH HALF (S 1/2) OF SAID SECTION 32 LYING B. WEST OF THE RIGHT -OF -WAY OF PROSPERITY FARMS ROAD AND LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF THE 80 FOOT WIDE CANAL RIGHT OF WAY RUNNING EAST AND WEST ACROSS SAID SOUTH HALF (S 1/2) OF SECTION 32 AS SHOW14 ON THE PLAT C. OF PLAT NO. I. PALM BEACH CABANA COLONY, RECORDED IN PLAT BOOK 26, PAGES 203 THROUGH 205 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; LESS AND EXCEPTING THEREFROM THE EAST 640 FEET OF THE NORTH 625 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 32. - D LESS AND EXCEPTING THAT PORTION OF A STRIP OF LAND 25.00 FEET IN WIDTH PARALLEL WITH AND ADJACENT TO THE WEST RIGHT -OF -WA Y LINE OF PROSPERITY FARMS ROAD LYING IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 32, TOWNSHIP E. 1 41 SOUTH, RANGE 43 EAST; ALSO LESS AND EXCEPTING THEREFROM THAT CERTAIN I TRACT OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 9039, PAGE 271, PUBLIC I RECORDS OF PALM BEACH COUNTY, FLORIDA, CONTAINING 18,774,100 SQUARE FEET OR 430.994 ACRES.�MORE OR LESS. F. TOGETHER WITH: A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, G. I PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT "0 ", TOGETHER WITH LOT 1, BLOCK 28, THE NORTH 115 FEET OF TRACT "C ", H. ' AND THE SOUTH 45 FEET OF THE NORTH 160 FEET OF THE EAST 215 FEET OF TRACT "C ", ALL IN PLAT NO. 2 PALM BEACH CABANA COLONY, ACCORDING TO THE PLAT 1 THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 26. PAGE 239. CONTAINING 139,344 SQUARE FEET OR 3.198 ACRES MORE OR LESS. CONTAINING IN ALL 18,913,444 SQUARE FEET OR 434.193 ACRES MORE OR LESS. I I J ABBREVIATIONS: A/C AIR CONDITIONER (C) . CALCULATED CBS = CONCRETE BLOCK STRUCTURE 3. BEAt CMB = COMMISSIONERS' MINUTES BOOK RANI CMH . CONFLICT MANHOLE CmP . CORRUGATED METAL PIPE CONC = CONCRETE 4. SUB! CLF . CHAIN LINK FENCE DE - DRAINAGE EASEMENT 5. THE D8 D BOOK DIP . DUCTILE IRON PIPE $ N 2 RE NOR FHW = F HYDRANTR tl AGEt FND FOUND W. FPL . FLORIDA POWER & LIGHT AFFE IP . IRON PIPE h'- 6. NO E I Nv o f NVERT �� IRC • 5/8" IRON ROD WITH PLASTIC CAP LB . LICENSE BUSINESS o 7. THE: LS = LICENSE SURVEY a UNLI LWDO . LAKE WORTH DRAINAGE DISTRICT VAL (M) = MEASURED $ MHW = MEAN HIGH WATER MON MONUMENT - • Q ORB = OFFICIAL RECORD BOOK AS[ - PLAT PB) - PLAT BOOK $ PUBI X27 _ W POE - POINT OF BEGINNING • • • fiff JILtIi�IEIL1T .V rr fog � �, \fin 1 5p i IV FRENCHMAN'S RESERVE PREPARED FOR TOLL BROTHERS, INC PALM BEACH GARDENS; FLORIDA FE M ME LAND DESIGN ;ot-juirl L 41 C) Cd "E W ck= in cr uj -a ca 5p i IV FRENCHMAN'S RESERVE PREPARED FOR TOLL BROTHERS, INC PALM BEACH GARDENS; FLORIDA FE M ME LAND DESIGN ;ot-juirl C) Cd "E W ck= in cr uj -a ca 5p i IV FRENCHMAN'S RESERVE PREPARED FOR TOLL BROTHERS, INC PALM BEACH GARDENS; FLORIDA FE M ME LAND DESIGN ;ot-juirl 5 INC comuLTING QVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 wwwlbfh.com TO: Ed Tombari FROM: DATE: MEMORANDUM Sean C. Donahue, P.E. March 15, 2001 FILE NO. 99 -4073 SUBJECT: Toll Brothers -PCD We have reviewed the letter to the City's Growth Management Department prepared by the Frenchman's Creek Property Owners Association dated March 14, 2001. We have also met with Frenchman's Creek's engineering consultant regarding the issues describe in said letter. We offer the following language as an additional condition of the PCD approval: "The applicant shall work with Frenchman's Creek's Property Owners Association to resolve the issues discussed in the letter dated March 14, 2001, from Frenchman's Creek to the City's Growth Management Department. The resolution of the issues shall include a plan of improvements, schedule of completion and a monitoring schedule after completion. The plan and schedules shall be submitted for review, and approved by the City Engineer prior to the issuance of the first building permit (which includes the construction of the Surface Water Management System and roadways), excluding the sales trailer /temporary information center. " SCD/ cc: Charles Wu Steve Cramer Karen Craver Dan Clark P APROJECTS\PBGMEM0\4073\4073s March 14, 2001 Vip hand Delav_ery City of Palm Beach Gardens Growth Management Department Planning and Zoning Division Attn: Mr. Edward TombarL AICP Senior Planner, City of Palm Beach Gardens 10500 North TkMtary Trail Palm Beach Gardens, Florida 33410 Ire: Proposed Toll Brothers, Project: Drainage System issue Dear Mr. Tombaii: A,s President of the Frenchmen's Creek Property mess Association, Inc., I have been directed by our Association's Board of Directors to cot— waunicate to the City our-grave concern regarding the currently proposed drainage plan for the Toll Brothers project located immediately adjaccmt to the southom boundary of our community. Frenchmen's Creels, supports development ofthe Toll Brothers project and has worked with representatives of Toll Brothers successfully regarding a number of issues including the successful design for realignment ofHood Road between Alternate A1A. and Prosperity Farms Road. However, we have recently been given information and drainage plans pertaining to the Toll Brothers project which, after preliminary analysis by our consulting hydraulic engineer, D.B.T. Engineering and Testing, give rise to grave concern with respect to the potential detrimental impact on our community's already difficult drainage situation. By way of brief history, the events which have given rise to this concern are, as follows: As the City is aware, historically Frenchmen's Creek Drive at the southern end of our community has experienced severe drainage problems. For the past two years, our consulting engineers have conducted hydraulic and geologic soils studies which have determined that the Toll Brothers property currently drains toward our community and contributes to soil and roadway saturation within Frenchmen's Creek. 2. _ On October 21, 1999, Frenchmen's Creek's consulting engineer, Southern Design Group, lac., wrote the City of Palm Beach Gardens and Northern Palm Reach County Improvement District requesting that Frenc meWs Creek be kept apprised of drainage system plans and governmental review for the Toll Brothers project. Specific cozAcc= of Frenchmen's Creek pertaining to the design of the drainage plan and its impact on Frenchmen's Crock were set forth in our consultaat's letter, a copy of which is attached for your reference. FRENCHMAN'S CREEK 17Ana •r...._........».. T-t.J .. D..1«. Vn—l+ r.,- A...... ci -4A.. IlAin vma . !CAIN MY) RIM . V-w MAIN A)A -)90A . vn a Fnv Mrl1 x97 gRQ1 181• -d WIC'd 01 -1 1898229199 1133x9 S,NVPal9N3ad-M 85 :91 to- fl-syd ed � ;� d V ...� C zo A,s President of the Frenchmen's Creek Property mess Association, Inc., I have been directed by our Association's Board of Directors to cot— waunicate to the City our-grave concern regarding the currently proposed drainage plan for the Toll Brothers project located immediately adjaccmt to the southom boundary of our community. Frenchmen's Creels, supports development ofthe Toll Brothers project and has worked with representatives of Toll Brothers successfully regarding a number of issues including the successful design for realignment ofHood Road between Alternate A1A. and Prosperity Farms Road. However, we have recently been given information and drainage plans pertaining to the Toll Brothers project which, after preliminary analysis by our consulting hydraulic engineer, D.B.T. Engineering and Testing, give rise to grave concern with respect to the potential detrimental impact on our community's already difficult drainage situation. By way of brief history, the events which have given rise to this concern are, as follows: As the City is aware, historically Frenchmen's Creek Drive at the southern end of our community has experienced severe drainage problems. For the past two years, our consulting engineers have conducted hydraulic and geologic soils studies which have determined that the Toll Brothers property currently drains toward our community and contributes to soil and roadway saturation within Frenchmen's Creek. 2. _ On October 21, 1999, Frenchmen's Creek's consulting engineer, Southern Design Group, lac., wrote the City of Palm Beach Gardens and Northern Palm Reach County Improvement District requesting that Frenc meWs Creek be kept apprised of drainage system plans and governmental review for the Toll Brothers project. Specific cozAcc= of Frenchmen's Creek pertaining to the design of the drainage plan and its impact on Frenchmen's Crock were set forth in our consultaat's letter, a copy of which is attached for your reference. FRENCHMAN'S CREEK 17Ana •r...._........».. T-t.J .. D..1«. Vn—l+ r.,- A...... ci -4A.. IlAin vma . !CAIN MY) RIM . V-w MAIN A)A -)90A . vn a Fnv Mrl1 x97 gRQ1 181• -d WIC'd 01 -1 1898229199 1133x9 S,NVPal9N3ad-M 85 :91 to- fl-syd City of palm Beach Gardens March 14, 2001 Page 2 3. In November 1999, Frenchmen's Creek mat with representatives of Toll Brothers regarding the proposed project. At that time, Toll Brothers presented aprelizdnary conceptual drainage plan utilizing a control elevation of 4.5 NGVD. Upon revim by our consulting engineer, Frenchmen's Creek determined that a control elevation of 4.5 NGVD would have no detrimental effect and may, in fact, have a positive effect on the above- referenced drainage problems. 4. Quite recently (February 22, 2001), Toll Brothers provided Frenchmen's Creek with a copy of the drainage plans and calculations as currently proposed for approval by the City and South Florida Water Management District. Unfortunately, the plans and calculations which are now being considered for approval contain a control elevation o£6.5 NGVD. Rather than jump to any unfounded conclusions, Frenchmen's Creek immediately directed D.E.T. En&cering and Testing to corlstrut a hydraulogic model using Toll Brothers' proposed drainage plan and calculations to detennine%their effect on Frenchmen's Creek. Thu preliminary model prepared by- our consuhhig -engineer indicates a net increase in the impact of the Toll Brothers project on frenchu:.ea's Creek, which would have a detrimental impact or. our comnranity by worsening an already difcuh drainage condition.. As indicated above, Frenchmen's Creek supports the Overall Toll Brothers project and feels it vAIJ be an asset to the City of ]Palm Beach Gardens. Frenclunen's Crec has been able to work with ': o3i Brothers in a c onstrusfive fasWca to address previous issues, such as the realignment of Hood Road. We are conducting on -going discussions with Toll Brothers regarding our concerns with respect to their proposed drainage plan. - . Freachmctu's Creek would respectUly request that both City staffand the City Council review Ws issue carefully given its potential grave impact on our residents. In the event the City Council approves the project prior to a resolution of the issue, Frenchmen'a Creek requests that a condition be placed on the approval requiring that TollBrothers resolve the issue to the reasonable satisfaction of the City Fu&eer and our consulting cagmeer. Sincerely, FRENCIDAE�N' S CREEK PROPERTY OWNERS ASSOCIATION By: Georg64urphy, Preside4tf Encl. cc: Mayor City Council Members City Manager 16V -d tO /20'd 01 -1 1688229199 H33H3 $,NVM3K3ad -490b4 69:91 10 -b1AYA 83/14/2001 11:27 5616240036 JMATHISON PA PAGE 04 03/13/2001 14:21 5bira.ita�n • SOUTHERN DESIGN GROUP, INC. Engineering, PWWtn1r Project Management 609 North Hepburn Avenue, Suite 204 Jupiter, Florida 33458. 661 • 743 0501 To: C14 of palm Beach Gardens 10500 NorthMllltary Tra P" Beard Gardens, Florida 33410 October 2X,1999 Alta_ IL 1[*r*kDv % Town A.dmiolstrator And Nerthesu PtdW Beach Coin► Improvement District palm Besttb GArdans, p (oxida 33410 Attu: Peter Ptm vtK Dir. Re: Toll Brntbers project.• Drainage System soul Regional Effects (SVG 95034) To Whom It may concern, As regwestod by and on behalf of our Cnetu, Freoebman's Crea POA, we would Bite to request that certain drainage bm a be addressed by the Toll Brodlecs Dovdopmeat's engin ar in the conceptual dedp phaa for public ravtew. We would wc1co me the opportunity to dlscnse US#S4 liars In iturther dttail with rim affected peon as soon as possible_ At udalwaa, due to the drahaV blstnry in this area, we would like to se® the City of P"Sax& Guilew QMG) and Northetn Palmlaeath Cotatty impra.•remerxi DWdCt OMCIDj require a reasoaobly deWed drabmp siad b Ydcb- gealo& 6bKI3'- Flannel►% Thai we fed should be reviewed at mlutmum are: The effat do TOR Arotbiexc P&Vde m (TIP) a ,M bAY0 ou mts fe "RtM 61"A "OW and 10*eulie geadelbtes in the reoomtt scree wad their effect oa Trendw='s Creeks l,,iaes sod water e'Itvadotta, • A ninny of lire direcdon of Smundvvatel tiow as it relstcu ea a sont hii a outUH for the TBP. Developromt of eawephW gra4fng PlXW so that telatbva elav016W behveft the proposed Rood Road, Frenchman's Creek and Tlfp can be reviewed prior to tidal design of the TUp ably detailed coaoebmW time table for the ded&t, peradtftg, and coustruchon of $e TBF project Also an esthum of wbeu the master drainage Sys eeui vrla be placed in opex'ation 0.e- active ah -hurge of the town law- ca=ctted lake systemftou� appravad cour of dav1=Q)- We would man a written capon= tfom both l'BG wA NPB Cab iodic a ft the preced+aree that PSG wA M% 'W we Vift to reqa1ve baud an dale regwwL we we more Eft wlibmg to Pttend tueet+nsR and workshops as )t xeUter to tbuge tames• We also regamst drat at FrwchwWs Creek PCIA be B*A oA any and all maflfag fats so that thOY teat' be notlted Of A W aue6-V oe acri003 t1kidAs place cot+oamUe 00 TOP project. " Page•i ofZ ID -d VVED'd 01 -1 18882M99 MW S,NVYIHONUd -9084 89 :9t 10 -vi4v l 031114/2001 11:27 5616240036 �MATHISON PA PAGE 05 03/13/2001 14:21 5611431410 SpUTHERN oESIGN GROUP, INC. Should you have gaestloos, or nfta forthw nibroatiou XOW IW tbk joAttrer, plewm do not hesitate to rau tae. Sfnce"lx azld on Betvdf of the 's Cree Property Owner's AmodatioA Ott, P.fi. dc�ulting E iaeer to ftWatnad's Creek CC. Fite$ X Folselli -Dir. FCPOA page 2 of 2 l8Y -� YO /YO'd Sta! -1 1899ZZ9199 X33113 S,NVWH3N3U -"Wl 69:91 to -vi-s m I J J • • I • City Council Revised on: February 22, 2001 Meeting Date: March 15, 2001 Petition: DRI/PCD -99 -05 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Revised on: ]February 22, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 36, 2001, a request to modify the Master Plan for the Regional Center Development of Regional Impact (DRI). The proposed modifications are related to the Kolter property, which is located northeast of the Gardens Mall within the DRI. RECOMMENDATION Staff recommends approval of Resolution 36, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total Attoe Y n _ City m Growth Management [ ] Approved • _ �, ��✓ $ [ ] Approved w/ Finance NA, ACM Current FY conditions Human Res. NA [ ] Denied Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: 2/28/2001 ( ] Operating • Resolution 36, 2001 Paper: Palm Beach Post [ j Other . Adopted Map H • Proposed Map H • Staff comments • State/regional agency comments [X] Required • Public comments y: ana ement Affected parties Budget Acct. # :: Director 2, z2-'o . X e [ ] Pion Approved by: City Mana r Required 1 City Council Revised on: February 22, 2001 Meeting Date: March 15, 2001 Petition: DRUPCD -99 -05 I. BACKGROUND On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space, and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 510,000 square feet of hotel, 235,200 square feet of office (research), and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The adopted NOPC allowed the conversion of office research space to 50,000 square feet of commercial use. The Development Order has been previously amended five times. Currently there is one pending NOPC, in addition to the "Kolter NOPC," which is the subject of this petition. II. UPDATED PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (copy attached). The proposed changes are as follows: • Designation of approximately eight -acres as oak hammock preserve, per Condition 4 of the Development Order; and • Conversion of 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 "; and • Combining all the residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel (Kolter property); and • Reconfiguration of 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 • Reconfiguration of the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. 2 City Council Revised on: February 22, 2001 Meeting Date: March 15, 2001 Petition: DRI/PCD -99 -05 III. STAFF ANALYSIS The proposed changes were presumed to be substantial deviations to the DRI, except for the designation of the oak hammock preserve, reconfiguration of the water management tract, and combining the residential parcels in the northeastern portion of the site. Please see attached letter from the Florida Department of Community Affairs (DCA). The previously proposed elimination/privatization of the internal roadways and the relocation of the Neighborhood Commercial were presumed to create substantial deviations. However, the applicant has rebutted the substantial deviation presumption by withdrawing these modifications. Accordingly, none of the currently proposed changes is presumed to be a substantial deviation. Please see Florida Department of Transportation (FDOT) and Treasure Coast Regional Planning Council (TCRPC) letters attached. The proposed modifications to the internal roadways are consistent with the newly adopted City Center Linkages Plan and the proposed amendments to the City's Transportation Element incorporating the Linkages plan into the City's Comprehensive Plan. These amendments provide for modifications in the alignment of planned roadways on the Linkages Plan, with City Council approval. The proposed size of the oak hammock preserve meets the City's minimum requirements specified in the Development Order of the Regional Center DRI, the Comprehensive Plan, and the Land Development Regulations. The location and size of the preserve are also consistent with the findings of the environmental assessment conducted by the City's Environmental Engineer for the Kolter property. The assessment was requested by City staff to determine the extent and viability of the oak hammock on site. The City Forester has reviewed the environmental study and concurs with its findings. Staff has received a letter of objection from Palm Beach County Conn missioner Karen Marcus dated February 5, 2001, regarding the size of the proposed oak preserve and'the alignment of Loop Road. As to the road issue, Commissioner Marcus contends that the alignment is too close to the residential neighborhood located immediately north of the Regional Center DRI. The residents of that area have also objected to the proposed alignment of Loop Road. The proposed roadway location is 25' from the northern boundary of the Regional Center DRI/PCD. Commissioner Marcus and the adjacent County residents along Edgewater Drive are requesting a distance of 100' from the northern boundary. Staff is recommending a minimum of 50' on the site plan for the Kolter property. As to the preserve, Commissioner Marcus requests that additional land within oak hammock should be preserved or that the environmentally sensitive land should be sold to the County for preservation. Currently, the applicant and the County are engaged in negotiations in an attempt to resolve the two issues, the alignment of Loop Road and the sale of environmentally sensitive land to the County. 3 City Council Revised on: February 22, 2001 Meeting Date: March 15, 2001 Petition: DRI/PCD -99 -05 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered the proposed modifications and amendments to the Development Order and PCD of the Regional Center DRI during a public hearing held on February 13, 2001. The Commission voted 6:1 to recommend approval of the proposed changes with conditions to the site plan. The Commission also recommended that the County and the applicant continue negotiations with respect to the sale of some oak hammock acreage to the County for preservation. STAFF RECOMMENDATION: Staff recommends approval of the proposed modifications /amendments to the Development Order and PCD of the Regional Center DRI. G:talal/dri- nopc- 99- 01- cc -str I* • 4 • • Prepared on: February 8, 2001 Resolution 36, 2001 RESOLUTION 36, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO DESIGNATE AN EIGHT -ACRE OAK HAMMOCK PRESERVE, CONVERT 151 HOTEL ROOMS TO 213 RESIDENTIAL UNITS (AS DEPICTED ON MAP H), COMBINE ALL RESIDENTIAL PARCELS LOCATED IN THE NORTHEAST PORTION OF THE DRI INTO A 104 -ACRE UNIFTED PARCEL, RECONFIGURE THE WATER MANAGEMENT TRACT, AND RECONFIGURE THE ALIGNMENT OF THE INTERNAL ROADWAYS ON THE KOLTER PROPERTY (AS DEPICTED ON MAP H); PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, AND THE GRANDE AT PALM BEACH GARDENS, INC.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted a consolidated and amended Development Order for the Regional Center Development of Regional Impact ( "DRI ") and Planned Community District ( "PCD ") via Resolution 96, 1999; and WHEREAS, the City Council has received an application from The Grande at Palm Beach Gardens, Inc. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed Master Development Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • these proposed amendments and additions to the PCD, Development Order and Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; Prepared on: February 8, 2001 Resolution 36, 2001 • these proposed amendments to the Development Order and the Master Development Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and • the amendment and additions to the PCD, Development Order and the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 2. REVISED MASTER DEVELOPMENT PLAN. A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for the Regional Center: December 6, 2000 Exhibit H - The Regional Center, Urban Design Studio, 1 Sheet. B. The Master Development Plan is specifically revised to designate an eight -acre oak hammock preserve, convert 151 hotel rooms to 213 residential units and change the designation of Parcel 2 to Multifamily Residential/Office /Community Use from Office/Hotel/Community Use, combine all the residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter property. SECTION 3. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, AND THE GRANDE AT PALM BEACH GARDENS, INC. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Macarthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc. 2 • • • SECTION 4. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTIONS. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS ATTEST: BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEM 3ER CLARK COUNCILMEM 3ER SABATELLO G: Talal/DR1- PCD- 99- 05 -res 2 DAY OF Prepared on: February 8, 2001 Resolution 36, 2001 , 2001. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 3 C, • MCC 3 !111 3¢`a Hill ; a LWO � I r ap7ioaiqu � L . a /► 29 I ' mil. a I �. .PRoePERITI FA wsii P _ ou 0 IL ic o9 g `e. '� -�.! i rte• � � � v � � iH n m .W W }} J ' rt 1 LWO � I r ap7ioaiqu � L . a /► 29 I ' mil. a I �. .PRoePERITI FA wsii P _ ou 0 IL ic o9 g `e. '� -�.! i rte• � � � v � � iH n m .W W }} J • • 04" =V !.mil fill 0 . r Ra !fill M gr r.-E:. tl.t m z in 0 r 5 p- r..M. n . :r PROSPE11 lu cr 0 1p)� I H H Rl]H NU H m 0 C, 9 0 0 z a) 00 1 m !J'j, 0 3 cd rr- lire —F tq ED, r 0 q ra 0 nr 17 0 �.o c tnu z 0 C) :I tj 0 is r lin c Ala 0 m >P1 P, u 'a) 0:01 u z t, w -C 5: 0 F b -u ty 0 in c in .1 ta in f 91 !� 0 Q 91 0 In a t- 4 io o 0 No 1 tO in - 11) tj in in in Ej �4 !0 �4 0 `gam (14 in i an. c 0 a 0 10 c c recvure -C-��Ictj cocvt regional planning council June 2, 2000 •B dP�s Ms. Roxanne Manning �Fp�jM F r City of Palm Beach Gardens Planning, Zoning and Building F,yj 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Ms. Manning: In - accordance with the. requirements of Section 380.06(19), . Florida.. Statutes, we. have reviewed. the- "Notification of a Proposed Change to a Previously Approved. Development of Regional Impact (DRI)" (NOPC) for the Regional Center DRI dated August. 19, 1999.. . The NOPC proposes to:. 1. Designate the location of the eight acre oak hammock preserve. 2. Relocate the two -acre Neighborhood Commercial Parcel to another location along Gardens Parkway. 3. Increase the number of residential units from 1600 dwelling units to 1813 dwelling units and simultaneously decrease the number of hotel units from 600 rooms to 419 rooms 4. Combine all the residential parcels in the northeast portion of the DRI into one unified parcel. 5. Reconfigure the water management areas to maintain capacity and open space while providing for the designation and preservation of the oak hammock preserve. The changes are presumed to be a substantial deviation pursuant to Section 380.06(19)(e)5.c. and 380.06(19)(e)3., Florida Statutes. The applicant has provided information to show that the changes will not create any additional regional impacts that would require substantial deviation review. Council has reviewed the information provided by the applicant to rebut the presumption and has determined that the location of the eight -acre oak hammock preserve meets the requirement of the development order and "the. changes will not create any additional regional impacts. Council, therefore, does not object to the proposed change. 301 east ocean boulevard suite 300 stuart, Hondo 34994 phone (561) 291-4060 sc 269 -4060 fox (561) 291 -4067 Ms. Roxanne Manning . June 2, 2000 Page 2 �y If you have any questions, please call. `° A"�t4' Sincerely, James T. Snyder DRI Coordinator cc: Roger Wilburn, FDCA Henry Skokowski, Applicant • recvure cocvt 1 regional planni g council August 7, 2000 Ms. Roxanne Manning City of Palm Beach Gardens Planning, Zoning and Building 10500_ North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Oak Hammock Preserve Dear Ms. Manning: J�. f q):_ - �' City at P9. Gatdeus t0 Ni In December 1983, Treasure Coast Regional Planning Council prepared the assessment report for the proposed Regional Center development of regional impact (DRI). In the assessment report, Council identified a 32 -acre Oak Forest located in the northeast portion of the proposed project. Council determined .that protection of portions of the Oak Forest is warranted because many of the trees appear to be quite large and the habitat has high wildlife and aesthetic value. At that time, Council policy provided that development should set aside a rninimum of twenty- five percent of each native plant community that occurs on site. While Council required only protection of a minimum of eight acres, a much larger area of this habitat type was identified and considered as important. Council recently reviewed the "Notification of a Proposed Change to a Previously Approved DRr' (NOPQ for the Regional Center DRI dated August 19, 1999. The NOPC proposed to designate the location of an eight acre oak hammock preserve. Council determined that the location of the eight -acre oak hammock preserve met the minimum requirement of the development order and did not object to the proposed amendment. However, Council believes that there are more than eight acres of quality Oak Hammock habitat and recommends that the City wotTc with the developer and all concerned parties to provide for the protection of more than the minimum required in the development order. If you have any questions, please call. Sincerely, Michael'J. Busha, AICP Executive Director cc: Mr. Roger Wilburn, FDCA Commissioner Karen Marcus, Palm Beach County. . Mr. Henry. Skokowski, - Applicant Ms. Tara -Lynn Brown, WCI 301 east ocean boulevard suite 300 stuart, florlda 34994 phone (561) 121 -4060 sc 969 -4060 fox (561) 441 -4067 JEB BUSH GOVERNOR Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale. Florida 33309 -3421 TRANSPORTATION PLANNING OFFICE - DISTRICT 4 Tcicphonc: (954) 7774601; Fax: (954) 7774671 January 27, 2000 Mr. D. Ray Eubanks Planning Manager Department of Community Affairs - - - - 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: THOMAS F. BARRY. JR. ®EFSECRETARY elvec) FEB 0 1 Pon. TREASURE COAST REGIONAL PLANNING COUNCIL SUBJECT: Regional Center Development of Regional Impact (DRI) City of Palm Beach Gardens, Palm Beach County Notice of Proposed Change (NOPC) We have reviewed the re- submittal #3 of the subject DRI Notice of Proposed Change (NOPC) as transmitted to the Florida Department of Transportation by the Urban Design Studio (Ms. Dodi Glas) on January 21, 2000. The submittal includes supplemental information for Regional Center DRI NOPC that was revised pursuant to the Department's comments (FDOT letter to DCA — May 13, 1999, FDOT letter to DCA — October 1, 1999, FDOT letter to DCA — December 7,1999, and FDOT letter to DCA — January 13, 2000). The boundaries for the Regional Center DRI are generally formed by Atlantic Road to the north, PGA Boulevard to the south, SR 811 (Alt. Al A) to the west and Prosperity Farms Road to the east. This DRI was originally approved in February 1984. To recap the numerous submittals of Regional Center DRI NOPC, the applicant has proposed the following changes: Designation of the oak hammock preserve as required by the Development Order. Reconfiguration of the water management tract to maintain the oak preserve and to accommodate the request(s) of the City of Palm Beach Gardens and North Palm-Beach County Improvement District in the redesign of the drainage system. This change will include the creation of a sub -basin system. The Department concurred with these proposed changes for the Regional Center DRI NOPC as previously stated (FDOT letter to DCA — dated September 13, 1999). www.dot.state.fl.us Mr. D. Ray Eubanks January 27, 2000 Page 2 In addition, the applicant also proposes the following revisions in the NOPC: Convert 9.3± acres of Office/Hotel/Community Use (Master Plan Parcel 2) to Multi - family /Office/Community Use (Master Plan Parcel 4) by re- designated 151 hotel rooms to 213 additional residential units. • Relocate and privatize roadways, resulting in an elimination of 115 acres of roadways from the Master Plan. The roads will be shifted to avoid the oak preserve. As previously stated (FDOT letter to DCA — January 13, 2000), the Department concurred with the first proposed change for the Regional Center DRI NOPC based on information provided in the applicant's December 21, 1999 submittal. Previously, the Department did not concur with the second proposed change concerning that the relocation and privatization of the internal roadways may impact internal trips. In this submittal, the applicant clarifies that these roadways were only used by residents in the Kolter apartment parcel. Their elimination from the Master Plan will not change the circulation of internal trips. Therefore, the 0 Department no longer objects to this proposed change. In summary, the Regional Center DRI NOPC provided to the Department is sufficient and we have no further objections. Please feel free to contact this office at (954) 777 -4601 should you have any questions. Sincerely, ':: stay Schmidt PanaW E. Distri Planning g er GS:al cc: Jim Snyder, TCRPC Bob Romig Joe Yesbeck Bill Cross • *W% STATE OF FLORIDA DEPARTMENT OF COMMUN ITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" JEB BUSH STEVEN M. SEIBERT Governor Secretary October 1, 1999 Ms. Roxanne Manning, AICP, Director Department of Growth Management City of Palm Beach Gardens 10500 North Military Trail��g G� •, Palm Beach Gardens, FL 33410; Re: ADA- 1082 -036: Regional Center DRI Dear Ms. Manning: The Department received a Notification of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (DRI) on August 20, 1999. The request was received from Mr. Henry Skokowski, authorized representative of the DRI. The proposed modifications consist of designating an eight acre parcel of oak hammock as preserve on Map H of the DRI, relocating Parcel No. 6 currently designated Neighborhood Center (commercial) to the western portion of the DRI, simultaneously converting hotel -rooms to residential units, eliminating proposed minor internal roads, reconfiguring the water management tract, and combining residential parcels in the northeastern--portion of the -DRI. Pursuant to Section 380.06(19)(e)3., Florida Statutes (F.S.), the designation of an eight acre parcel as preserve on Map H and the relocation of Parcel No. 6 are presumed to be substantial deviations. However, it is very unlikely that designating a preserve would result in additional regional impacts beyond those previously reviewed by the Department. The relocation of Parcel No. 6 may result in change of the function of the parcel, by virtue of the proposed location; from neighborhood commercial to regional commercial. The current designation of the parcel is Neighborhood Commercial, which is consistent with its present location since it is within an area heavily dominated by residential use consisting of approximately 1,200 dwelling units. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: (850) 488 - 6466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http: / /www.state.fLus /comalit GREEN SV= Area of Critical State Concem Field 205 East .win Street, Suite 104 Bar, —. Florida 318304641 FLORIOA KEYS Area of Critical State Concern Field Office 2796 Overseas Highway, Suite 112 —7—h— Florida 33050 -2227 Ms. Roxanne Manning, AICP Regional Center DRI October 1, 1999 Page Two However, the proposed new location is in an area of primarily regional function and fronting on a major roadway, Gardens Parkway. Land uses in this area consist of Cultural Arts, Office/Hotel/Community, Research/Office/Service Commercial, and Multifamily /Office /Community uses. The total number of residential units in this location is approximately 400 units, as opposed to 1,200 units in the current location. The applicant has not explained how the new location would not alter the funcf on-of the parcel from a neighborhood into a regional function by virtue of its new location. Altering the function of the parcel by changing its location would require the use of a higher trip generation rate than the one used in the traffic analysis and redesignating the parcel for regional commercial use. Therefore, the applicant has not rebutted the presumption of substantial deviation with regard to the relocation of Parcel No. 6. Pursuant to Section 380.06(19)(e)5., F.S., the simultaneous decrease and increase in hotel and residential uses, respectively, is presumed to create a substantial deviation. The traffic analysis did not reflect substantiated internal capture and pass -by rates for the hotel and the arts and culture uses, and was not based on ITE Trip Generation rates. Therefore, the applicant has not rebutted the presumption of substantial deviation by clear and convincing evidence. Pursuant to Section 3 80.06(19 )(e )3. F.S. deleting minor, internal roadways and proposing new ones are presumed to create substantial deviations. These modifications may alter the external access points and change the assumptions upon which internal capture rates have been based. The applicant has not identified roadways to be deleted and has not provided and designated the location of the new proposed roadways on Map H. Consequently, the applicant has not rebutted the presumption of substantial deviation. Pursuant to -Section 380.06(19)(e)3., F.S., combining all the residential parcels located in the northeastern portion of the site into a 104 acre unified parcel, and reconfiguring the portion of the water management tract in the northeastern portion of the DRI are presumed to be substantial deviations, since neither is specified in paragraphs (b) and (c) of Section 380.00(19), F.S. However, these modifications are not likely to result in additional regional impacts beyond those previously reviewed by the Department. Therefore, pursuant to Section 380.06(19)(f)4., F.S., the Department raises an objection to the NOPC to the Regional Center DRI. The applicant may rebut the presumption of substantial deviation by identifying and designating the newly proposed minor roads on Map H and providing an adequate traffic analysis. The analysis should be based upon the appropriate land use classification for Parcel No. 6, ITE trip generation rates, and justified internal capture and pass -by rates as applicable. Ms. Roxanne Manning, AICP Regional Center DRI October 1, 1999 Page Three If you require further assistance in this matter, please contact Talal M. Benothman, Planner IV, at (850) 487 -4545. Sincerely, Charles Gauthier, AICP Chief, Bureau of Local Planning CG /tmb cc: Mr. Jim Snyder, TCRPC Ms. Kim Glas, AICP Palm Beach Gardens Mr. Henry Skokowski, AICP Urban Design Studio 9 Memo to File Subject: DRI -99 -05 & PCD- 99 -05, NOPC Kolter Regional Center From: Mark Hendrickson, City Forester %111 f4' Date: January 29, 2001 I have reviewed the Kolter NOPC, specifically for the conceptual location of the DRI required minimum 25% of all Oak Hammock (8 acres) to be preserved. I have also inspected the site and reviewed the environmental assessment prepared by James F. -Schnelle. Using Mr. Schnelle's assessment of -- file -Oak- Hammock acreage within the - - Kolter property, 25% of the Oak Hammock is 4.58 acres. He designated the remaining hardwood forest as a Low Hammock with a mix of canopy trees, including Oak. The original DRI environmental assessment had the "Oak Forest" as 32.21 acres. Twenty - five percent (25 %) of that figure is eight (8) acres. In comparing the two assessments, the forest classifications or areas that contain Oak trees are very similar. There are however two very different Oak species that live in the two different forest types. I believe that the proposed Oak preserve location depicted on Regional Center DRI Exhibit "H" Master Plan combines the best intact canopy, understory and groundcover of both forest classifications, which contains the Live Oak upland habitat and the swamp Laurel Oak transitional habitat. I have emphasized the two Oak types because it is very important to the following discussion on drainage. By City Council direction, I have examined the potential impacts of the Unit 19, Regional Center Basin 4 drainage plan to the proposed Oak Hammock preserve. I am certain that rain water is intended to be held within the proposed Oak Hammock preserve as early as a 10 -year storm event. This should not be a problem to the Laurel Oaks or low hammock vegetation, if the duration of standing water drains off as predicted. Depending on the number of 10 -year storms and 100 -year storms, and the duration of standing water after those events, there is the high potential for Gopher tortoise and tree mortality for an unknown percentage of the upland habitat. I have been in communications with North Palm Beach Improvement District (Northern) representatives. The South Florida Water Management District (SFWMD) permit is being amended to include weirs with operable gates for the Regional Center's Basin 3 and 4 outfalls. Northern will also involve the City in developing criteria for opening the gate to reduce the duration of standing water in Basin 4, specifically to address the Oak Preserve, for SFWMD review. At this time, I support the Kolter NOPC. I also anticipate that I will be following up on the Oak preserve issues during the site plan review process with conditions that would require the relocation of all Gopher tortoises off -site, as administered through Florida Wildlife Commission, and adopt a mitigation plan to replace vegetation within the preserve if flood damage ever occurs. t-e0 -13 -V1 u4:4+yr- tnvironmanxa i aqua „Ly Environmental Quality, Inc. Chairman and Members of The City of Palm Beach Gardens Planning and Zoning Commission TRANSMITTED VIA FACSIMILE THIS DATE February 13, 2001 Dear Chairman and Board Members, ( 56 1) ! 75 -6776 FAX: (561) ' 75 -9996 The purpose of this letter is to address two main issues associated with pending decisions -concerning - - properties near the intersection of Prosperity Fars Road and PGA Boulevard, also known as the Kolter Property. I strongly urge you to approve increased vegetative preservation requirements for this property prior to development An increase in preservation requirements will not only conserve the natural environment and provide much needed wildlife habitat within this rapidly growing urban core, but preservation of the old growth oaks will provide for a vegetative canopy that is reminiscing of die days gone by. Palm Beach County is very selective in targeting environmentally important tracts of property that may be added to their Environmentally Sensitive I ands Acquisition List Extensive site evaluations are administered by professionals on each tract to determine its value. This site holds extremely valuable natural resources that should be preserved —while we sill have the opportunityl indeed, it is unfortunate that the property will not be sold to the County. A nwre restrictive vegetative preservation requirement would be an opportunity to make the best of the current situation. Preservation of additional oak trees and their surrounding vegetation will also enhance the fast growing urban core of the great City of Palm Beach Gardens. As with any urban development, one thing that can really create and enhance the sense of community rh2mrter is the conservation of natural resources. Although architecture may provide an important human! enhancement, the preservation of old growth trees shows that the community is respectfid of its past while looking forward to the future. The additional preservation will not impede the development potential of this property for its use as high - density residential land. On the contrary, it will be a draw for thoughtful development and a positive presence for the continued growth of this very important area Your positive consideration for additional vegetative preservation as proposed by the area residents is not only a step in the right direction; it is a leap towards good urban planning. Thank yom matarim Murray P resident - cTt �► 725 NORTH A 1 A, SUITE 214-6, JUPITER, FLORIDA 33477 at. M -MMIUa nrn . Board of County Co"unksloners AVILAaude Ford Lee. Chair. rren H. Newell, Vice Chairman ren T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti oivp February 5, 2001 Mr. John Glidden, Chairman and Commission Members Planning & Zoning commission City of Palm Beach Gardens 10500 N. Military Trail -- - - - -- - -- -- - - Palm Beach Gardens, FL 33410 -4698 RE: DRI -99 -05 & PCD 99 -05 Dear Chairperson Glidden & Commissioners: 16002 County Adm(nistrat1or Robert Weisman On February 13, 2001, you will be discussing the NOPC for the Regional Center - Kolter - the Grande project_ As the District 1 County commissioner, representing the unincorporated residential neighborhood directly to the north of this project, I would like to voice my concern with the proposed project. Upon review of the site plan, I find Phase 11 to be totally unacceptable for several reasons. The eastern most linkage road runs parallel to the western section of West Edgewater Drive with a 25 -foot buffer separating the two roadways. I do not believe it is good planning for residential roadways to be next to each other. While the City's linkage map shows an eastern link, it does not specify an alignment. I would strongly urge the Commission to align this linkage road farther away from the residential neighborhood to the north. I would also like to strongly object to proposed 25-,foot buffer along West Edgewater Drive. Instead I would suggest a minimum 100 -foot buffer for the entire length of West Edgewater Drive, it appears that the developer is negatively affecting the residents based on their objections to the Regional Center's drainage plan, as the developer had in the past offered the residents a 100 -foot buffer. This causes me great concern. The DRI for the Regional Center dictates that the Oak preservabe a minimum of 8.6 acres. However, the City can request more. As you may be aware, the county has offered to buy most of Phase 11, 25.8 acres for conservation. This is truly a unique piece of land and not preserving more of it would be a shame. I hope that you will give my concerns your serious consideration. sinbemliv. K en 'F- Marcus C: Hon. Joseph Russo, Mavor C my Commissioner & City Council Members Steve Cramer, Director of Growth Management City of Palm leach Gardens "An Equal Opportunity Affirmative Action Employee r P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 35S -2001 Fax: (561) 35S-3990 p- Jadasrecydodp f www,eo.palm- beach.fl.u6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: March 5, 2001 SUBJECT /AGENDA ITEM Item for Discussion: Hank Skokowski, agent for Kolter Properties and the Northern Palm - -Beach County Improvement District ( "Northern ") is requesting- a Site Plan Review within a Planned Community District (PCD) approval for a multi - family residential community. The site is within the Regional Center Planned Community District and is located north of Gardens Parkway and west of Prosperity Farms Road. The 49.37 acre site will contain 358 residential units in Phase 1. Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition. (7- 42S -43E) RECOMMENDATION Due to ongoing negotiations regarding the site plan configuration, staff recommends continuing discussion of this petition to the April 5, 2001 meeting of City Council. Action on this petition should be concurrent with action taken on the pending NOPC application concerning the same site. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Approved Finance NA $ [ ] Approved w/ ACM 1 Current FY conditions Human Res. NA [ ] Denied Other. NA Advertised: Funding Source: [ X ] Continued to: April 5, 2001 Attachments: Date: [ ] Operating Paper: X] Not Required [ ] Other Submitted by: Growth Manage n@ Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [X] Not required rj CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 SUBJECT /AGENDA ITEM Public Meeting and Consideration of Approval: Resolution 18, 200'1 - - -- - - -- - -- - - Petition MISC- 00 -16: Bristol Club Unmanned Entry Gates RECOMMENDATION Staff recommends approval of Resolution 18, 2001, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: ' City Attorne Growth Management Total [ ] Approved Finance NA / $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Site Plan by J.L. Perez dated 2/15/01 Gate Elevation Plan dated 10/5/00 Landscape Sketch dated 12/5/00 Photos PGA POA Letter ?avOth�d Y� JAffected Not Required nagement parties: Budget Acct. #:: Directory � S� Approved by: otified [ ] None City Mana er e 1 • Planning and Zoning Commission Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition MISC -00 -16 I. REQUEST A request by Bristol Club Homeowners Association for an amendment to a previously approved site plan for Bristol Club, Tract M -25, PGA National Resort Community Planned Community Development. The petitioner is proposing to construct an unmanned entry gate system for security purposes to be located between Avenue of the Masters and Governor's Court at the entrance to Bristol Club. (15- 42S -42E) __ _ ----4h--BACKGROUND The PGA National DRI was approved on August 31,1978 by'Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. The Bristol Club, Tract M -25 at PGA National Resort Community, was created and approved by Resolution 25, 1987, as a Planned Unit Development. Under present -day standards, this planned unit development would be designated as a site plan in a planned community district. The Bristol Club was approved for 154 detached cluster dwelling units on 21.51 acres of land in Tract M -25 of PGA National Resort Community. Several other parcels within PGA National Resort Community already_ have gated entries, including Canterbury, Preston (has four gated communities), General Point, Championship Drive (has eight gated communities), Devonshire, The Island, Preston Chase, and Resort Villas. III. REVIEW PROCESS This is a request for an amendment to the approved site plan for the Bristol Club PUD, PGA National Resort Community PCD. The Growth Management Director has determined that the Planning and Zoning Commission review this petition and make a recommendation to the City Council. The City Council receives comments from the, public and reviews, the request for amendment for consideration of approval, approval with conditions, or denial. IV. AMENDMENT The proposed amendment to the development order consists of the installation of an unmanned entry gate system to be located within the existing entrance drive to Bristol Club 100 feet from the right -of -way of Avenue of the Masters within PGA National Resort Community. 2 • • Planning and Zoning Commission Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition MISC -00 -16 V. STAFF AND AGENCY COMMENTS • The PGA National Property Owners Association has approved the request for the entry gate system in a letter dated January 2, 2001. Their Architectural Review Committee has requested that the new columns match the existing columns. • Comments from Northern Palm Beach County Improvement District —were not - - required since the subject roadway is private. • Seacoast Utility commented that the existing water main and sanitary sewer line should be shown on the proposed plan, and this has been done. • Building Official Jack Hanson recommended approval of the petition. • City Forester Mark Hendrickson recommends approval of the petition, provided that existing landscaping is not disturbed, except for the relocation of one palm tree to allow for the mandatory turn - around area for vehicles. • The Fire Department recommends approval of this petition provided the gate is equipped with the usual Knox key switch for emergency access for fire apparatus. • The City Engineer has reviewed the plans and has no engineering concerns with this project. VI. PLANNING AND ZONING COMMISSION COMMENTS & RECOMMENDATION At its meeting of January 23, 2001, the Planning and Zoning Commission recommended approval with a vote of 6 -1. The one dissenting.vote was cast because of concerns that a sidewalk should be built along one side of the entrance and that the pylons should be moved into the landscaped area. Another Commissioner pointed out that no sidewalk now exists, and the gates would actually slow traffic, making it safer for pedestrians. During the public hearing portion of the meeting, one Bristol Club resident voiced safety concerns should the gates malfunction in the closed position. VII. RECOMMENDATION Staff recommends approval of Petition MISC -00 -16 to amend a previously approved site plan to allow the construction of an unmanned, security entry gate system, with the following conditions: 3 Planning and Zoning Commission Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition MISC -00 -16 1. A Knox key switch shall be provided to allow for emergency access for fire apparatus. 2. Construction plans shall show pavement specifications for a local road as required by the City's Land Development Regulations. 3. -New-columns-shall-match the existing columns. 4. The City Forester shall approve the relocation of one palm tree and ensure that no other existing landscaping is disturbed during the construction of the gates. G:ShortIMISC0016.cc • 4 • RESOLUTION 18, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 25, 1987, TO ALLOW FOR THE CONSTRUCTION OF AN UNMANNED ENTRY GATE LOCATED BETWEEN AVENUE OF THE MASTERS AND GOVERNOR'S COURT AT THE ENTRANCE TO THE BRISTOL CLUB WITHIN PGA NATIONAL RESORT COMMUNITY, A PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from the Bristol Club Homeowners Association to amend Resolution 25, 1987, to allow for the construction of an unmanned entry gate system to be located between Avenue of the Masters and Governor's Court at the existing entry to the Bristol Club within PGA National Resort Community; and WHEREAS, the Bristol Club, Tract M -25 at PGA National Resort Community, was created and approved by Resolution 25, 1987, as a Planned Unit Development for 154 detached cluster dwelling units on 21.51 acres of land in Tract M -25; and WHEREAS, the City's Growth Management Department has determined that approval of the requested amendment to Resolution 25, 1987, is 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: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the Bristol Club Homeowners Association's request for the construction of an entry gate system to - be -located. at the existing entrance drive to Bristol Club, 100 feet from the right -of -way of Avenue of the Masters within PGA National Resort Community. SECTION 2. Said approval shall be subject to the following conditions: 1. A Knox key switch shall be provided to allow for emergency access for fire apparatus. 2. Construction plans shall show pavement specifications for a local road as required by the City's Land Development Regulations. 3. New columns shall match the existing columns. 0 4. The City Forester shall approve the relocation of one palm tree and ensure that no other existing landscaping is disturbed during the construction of the gates. • SECTION 3. Said approval shall be consistent with documents on file with the City's Growth Management Department as follows: 1. Site Plan 1 of 3 dated February 15, 2001, by J. L. Perez Architecture. 2. Gate Elevation/Floor/Foundation Plan 2 of 3 dated January 6, 2001, by J. L. Perez Architecture. 3. Valley Gutter and Typical Pavement 3 of 3 dated January 22, 2001, by J. L. Perez Architecture. 4. Rendering of Elevation for Entrance Gates, Scheme C, dated February 26), 2001. SECTION 4. This resolution shall be effective upon adoption. INTRODUCED, PASSED, AND ADOPTED THIS 2001. ATTESTED BY: JOSEPH RUSSO, MAYOR DAY OF APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CITY CLERK LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN _ COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK jholloman/G: SHORT /Misc0016 RESO 18 2. INC. �,)..t11.1 INCCIVIi r.c;�a.iRs. MEMORANDUM TO: Jackie Holloman r� FROM: Sean C. Donahue, P.E.' DATE: February 15, 2001 FILE NO. 00 -4163 0\111 VVAITI: KESO U14.LS SUBJECT: PGA National- Bristol Club Gates bVAT[h \ \VASTL \NATFR 1RANSI'OI\rxri0 N' s��l:ve�'1NC; ��.,�1A1'1'�V(� Attached please find a revised copy of the Site Plan for the referenced project prepared by JL Perez Architecture, Inc. on February 15, 2001. Also Gds submitted for review was a Boundary Survey of the referenced project. The applicant has changed the dimension of the northernmost landscape island and the drawing is now to scale. The stacking distance remains and - appears to meet the City's Land Development Regulations. We have no _- -,other engineering concerns with this project. SCD/ cc: Steve Cramer Karen Craver Jorge Perez -JL Perez Architecture, Inc. "Partners for Results PAPROJECTS\PBGMEM0\4163\4 163 c Value by Design" 100 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 ' www.lbfh.com 5L09 -Lfi8 (195) X=1 upuo13 `,qunoZ) gauag EUpd `IuuouuH Vqj Z096-669 (196) HC1 O~ V 10t 0Z I: •LPeQG wed WPM anjD Ioisug of ao • iaa�iS 4liewal� �Zt• � '' k «« •• U01 aossV s Jaamoaiuog qn - io; 4�l J • R .m�� n � p�(� � d r �.• aCC QQ � �� � O ~ e 43 ful aw lu Q Fi m O� ip JmQ "m a E ai• m J oe 42 w� C ap wag - a �+ J� Q 0'�Qm�� � 6� 112 Q O= a W Z r 1�� IR� Y � OWg IRE. < of- J� F O b as 19a Egg, J Y L� •oa � � m � � � a a b Qx -,a,p -+ M M1 � � h N1 }' � n M ♦ m .0 r 'Z - t1ko't al We`d aid (� > ?rt- .,� CAYom' G-a � NVW VVV W — V% _- cn _ N /d 9N /b1S X00/ SLmy'GtsQ (I'7'y/ u Z0942-689 (195) Hd loirce '1=1 '40909 WI Pd 196M IWO49 911oWaly mZ% occcaoo -w upuol,q -nlunoa goua% ualyd tuuvµuM vied gnlD ioisug of aouu4ug uolltv[aossV slaum0aulOH gniL) iolspil m- oaiiL4v.j Z�213c� �1 I I JIL i •siolotquoogns l1 -i OT oqi Aq icuuod ammdos t japun jo; pailddt aq IIIm )loom Itauloala palelat put ptd gonoi 'saieF kqua aq,l, •pal3ajJ9 Al2nge8au io pal3eu3sgo oq lou 1pm o8rutup 44u2A •suumloa agl)o u011e301 lotxa aq1 Ajuan p12!3 •s2uimtip aql ui polou st 2ucl003 pealds a apinoIJ •sgutmelp oqi u! palou se sieq foals ip!A% poa,ojucaj s3loolq olanuoo aq prm suumloo agy •saie8 diluo pasodoad agl jo lmd oq llum lugs suumloo kaosew ino; loculsuoo x1oM ;o adoaS O "r _T, w'sl i ui lu u I to � � I V ��u'lr w Q_ I tL t I' IL 41 0 I i I v I , t �I 3� Nl = $� �U _9 I 1 I 1 I � —i v Z M � � � ra 0 �; 0 p a U rn 6LQJ9-Lf6.(196) Xd . sppoL.1'Aluno:) gouog uqed `Iuuo!ltX ` od C 2096-669 (196) Hd 1oir£E 1=1%npoe !wQd jQvM onto Ioisug of ooup.4ug o d 'iarra,�i� .91iQ+�17 0Zb w uOCiu'30ssd slOuMOMOH gnia ioispq v��p V co W l � Z F- U. > o m I u F- o LL Z t7 0 n O C � W . w U `t Los J < Q 2 °w ui IL Hr V' C D Z m - w WC N W N �� , pNj a o �p a m I— N G Q s W w� Q. z U z a Q IT 2 -r0 w Co to a Q m N a FROM : • N rn N co E O .W N .r J PHONE NO. �t. 0 Feb. 26 2001 02:44PM P3 LL wo W Q U. . m Ca � wV Z a 91-- �- CO z w co N rn N co E O .W N .r J PHONE NO. �t. 0 Feb. 26 2001 02:44PM P3 i BRISTOL CLUB IN PGA NATIONAL Looking at the front entrance of Bristol Club from Avenue of the Masters. Looking toward Avenue of the Masters from Governor's Court: z m z c) � o o cn z N �O O D O fIvy �• ��" 129 r�'`r�. ,I}' , �' �l. + �� of i , ,t�1 .. q•. I Ili: 129 Y�1, P. 1. t. ''! . 11' � �t _ .•:C • ..v. .wit. - ^` ..I, .� "'r � 4:r� ` - :' \\ r• IL • .. •mss. i 130 r 131 IV, J'l ey* T, AM r 131 . � ��v,: -�►R�a m at c u:u rsases�ra -- ' } 7 � e ' Ap x M x -, The Infinity Systems combine the convenience of telephone entry with the flexibility of access con- trol for a simple, affordable, and yet extremely powerful system. The Infinity Systems are designed with an extensive feature set, maximum reliability and convenient expandability to meet today's needs and tomor- row's growth. Say good- bye to multiple systems and old -style directories, and say hello to the indus- try standard, the Infinity by SENTEX SYSTEMS. Whether using a single name per page with quick name search, like the Infinity "S" or "M ", or the industry favorite, Infinity "L" with 24 names per page,. the user will locate the prospective name in seconds. The electronic LCD displays are easily viewed in direct sunlight and total darkness since each -has oversized let- ters, a very high contrast ratio, and a bright back light. Where applica- tions do not call for an electronic display, we offer a paper directory insert that has all the features of the Infinity without the LCD display. And when additional doors or gates need to be controlled without the telephone entry needs, the Infinity "B" is utilized as a standard access control panel. PON u 11 ) . 717 Infinity systems allow for the entire 2000 name directory to be scrolled in less than 10 seconds. Locating the individual is easy since names are automatically placed in alphabetical order as they are entered. The names and phone numbers can be entered through a light- weight and compact handheld programmer, the panels key- pad, or the Windows 95/98 based software which allows direct communications through a standard phone line to the Infinity's built -in modem. Whichever method you select, guided prompts ensure programming time is kept to a minimum. Each Infinity control panel can support card and code access for two doors or gates. An Infinity can be networked with other Infinity panels allowing support of up to 32 card read- ers for securing other access control entrances, such as a lobby door or vehicle entrance. Perfect for any size Infinity L office building or gated com- munity. As with all our Telephone Entry Systems, the Infinity also boasts a multitude of features that makes the installation quick, operation simple, and management effortless. if you want a rugged, yet attractive, telephone entry and access control system than the'lnfinity is the clear choice. OPTIONS Multi -lank Allows up to 16 Infinity panels to be networked together for ease of pro- gramming. All panels communicate via the "master' unit. All database information is forwarded through the "master" to the "slave" panels. Commercial Building Directory For installations where the directory names will exceed 13 characters, the Infinity "L"can be ordered to support 12 lines of 35 characters each. Battery Backup For clock and event record memory during power outages. Full Controls Allows the system to utilize the full capability of all access control options. Thus, enabling you the full control on the Infinity system. FEATURES /OPTIONS Access Control Alarm Call Out Anti- Passback Automatic Unlock Schedules Cardholder /Access Code Deactivation by Date or Usage Controllable System Relays Door Held Open /Forced Door Alarms Elevator Control Extra Name Capacity Full Duplex Communications Full Entry Codes Handset or Handsfree Operation Holiday Programming Internal Modem Lightning Protection Long Distance and PBX Dialing Multiple Panels on a Single Phone Line Password Protection Postal Lode Provision Programmable Relay Times Programmable Talk Time Non - Volatile Memory Real -Time Printing Speaker Volume Control Time Zone Control Variable Directory Code Lengths Visitor Control 365 Day Clock/Calendar 32 Card /Keypad Readers Series . - a -'=1i No Phone Bill Interface Allows the Infinity to operate without U944 an outside telephone line. Hence, there are no phone call charges or mon�li y..Service fees. It also allows a tele- phone connection to a resident who does not have telephone service. Anti -Glare The basic Infinity includes a brightly -lit LCD display. But in some installations direct sunlight can minimize the visitor viewing. In this type application, an anti -glare package should be installed to prevent the direct exposure. Directory Module Each additional module is supplied in a lighted, stainless steel enclosure with Lexan window and capacity for 125 typewritten names and codes. Infinity S & M Directory Codes: 20 (expandable to 2,000) Full Entry Codes: (w/ names) 125 (expandable to 3,750) (w /o names) 500 (expandable to 16,000) Event Buffer: 1,200 (expandable to 5,800) Dimensions: 16.0" H x 11'/4" W x:31/4"D (surface mount) 16'/ 6" H x 12'/4" W x VA" D (flush mount) Power: 12 VAC @ 3.4 amps peak 13.5VDC @ 1.2 amps (without readers) Warranty: One Year (extended warranty available) Infinity L & DI Directory Codes: 115 (expandable to 2,000) Full Entry Codes: (w/ names) 125 (expandable to 3,750) (w /o names) 500 (expandable to 16,000) Event Buffer: 1200 (expandable to 5,800) Dimensions: 21.0" H x 16 7/16" W x 4 `/4" D (surface mount) 21 `/4" H x 16 3/4" W x 3 3/16" D (flush mount) Power. 12 VAC ® 3.4 amps peak 13.5VDC @ 2.1 amps (without readers) Warranty: One Year (extended warranty available) Infinity B Full Entry Codes: (w/ names) 500 (expandable to 4,000) (w /o names) 2,500 (expandable to 20,000) Event Buffer. 1,200 (expandable to 5,800) Dimensions: 23.0"H x 14.0"W x 2 3/4" D (surface mount) Power. 12 VAC ® 3.4 amps peak 13.5VDC @ 1.0 amps (without readers) Warranty: One Year (extended warranty available) 9/99 9800 De Soto Ave., Chatsworth, CA 91311 tel: (818) 700 -9800 fax: (818) 700 -5000 Visit us on the web at: www.sentexsystems. m CITY OF PALM BEACH GARDENS MEMORANDUM TO: Charles Wu — Growth Mai FROM: Jack Hanson — Building O SUBJECT: On -Site Inspection — Ball( DATE: March 13, 2001 inistrative Building — Parcel 28 Per your request I and Chief Building Inspector Bud Brown conducted an inspection on the above named building. We examined the building for code compliance and structural deficiencies through deterioration; this also included utility systems such as plumbing and electrical equipment. Our goal was to determine the feasibility of long -term occupancy as an office and facilities building. The inspection revealed that the building is in excellent condition with no obvious signs of deterioration interior and exterior. I can state that the building can be used for the intended office/administrative occupancy for the long term. Further, the present occupants have upgraded the building via hardware, doors, carpeting, painting, lighting, etc. Please contact me if further input is required. JH:eps CC: Ed Tombari — Planner File Ch Of P.S.G. gR 13 2001 p►Mw%G ZONING \\FR SRV\pWLDING\elleen\Wftlnbldg.doc BALLENISLES COUNTRY CLUB February 26, 2001 Mr. Ed Tombari City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: BallenIsles Parcel 28 — Miscellaneous Approval Administrative Building Dear Mr. Tombari: oOOOQ�OOO oV1fl O�oO BALLENISLES This letter is submitted on behalf of BallenIsles Country Club, Inc. (BICC), with more than 1,100 equity memberships (2,000 individual resident members). The BICC Board of Directors strongly supports the petitioner's request to permanently permit the existing administrative office building, which is located on Parcel 28 and is owned by BallenIsles Country Club, Inc. It is our understanding that at a recent meeting of the Planning and Zoning Commission it was recommended that the temporary permit for this building be extended iwo years and that this request be revisited at that time. This is contrary to the City's staff recommendations and the desire of the residents. This is further evidenced by the fact that approximately 2,000 individual resident members have executed Membership Purchase Agreements, incident to their purchase of their equity membership in BallenIsles Country Club, that clearly state that a request will be submitted to the City for the permanent permitting of this administrative office building. Ownership of this administrative office building was transferred to BallenIsles Country Club, Inc. as part of the purchase of the club and its assets and serves as an important component to provide office space for BallenIsles Community Association and Club personnel. We strongly encourage the City Council to recognize the desire of the residents of BallenIsles and approve the Amendment to Resolution 42, 1994 by deleting condition #2 which states "The existing administrative office building shall be removed no later than July 6, 2001, even if the PCD development is not completed ". -I � y City of P.B. Gardens FEB 28 2001 G%YW 1 H MANAGEMENT DEPARTMENT 100 BallenIsles Circle, Palm Beach Gardens, Florida 33418 (561) 622 -0220 Fax(561)626- Re: BallenIsles Parcel 28 — Miscellaneous Approval Administrative Building February 26, 2001 Page 2 Thank you for your favorable consideration of our request. Sincerely, ichard Lowe 'chard IMende lson Resident BICC Board Member Resident BIC9 Board Member J i Ge ge Salton a ay� -if ` William Vander y BICC Board Member • L CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 SUBJECT /AGENDA ITEM: Consideration of Approval — Resolution 42, 2001 PETITION MISC- 01 -02: MIRASOL (GOLF DIGEST PCD) SALES CENTER - PARKING SPACES LENGTH WAIVER Recommendation: Staff recommends denial of Petition MISC -01 -02 because it is not in compliance with the Land Development Regulations. Reviewed by: City Atto ey Originating Dept.: Growth Manage ent Costs: $ Total Council Action: ( ] Finance $ [ ] Approved ai. .&io. ACM Current FY [ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised. Attachments: Date: [ ] Operating Paper: ( ] Other LBFH memo 2/13/01 PBG LDR Excerpt Submi d y: [ ] Not Required PBC LDC Excerpt Location, aerial maps SP -1 Site Plan 6/1/00 h Management Director Affected parties otified Budget Acct. #:: [ ] None Approved by. City Manager [ ] Not required REQUEST / This is a request for miscellaneous approval of a waiver from the Land Development Regulations to allow the parking spaces at the Mirasol Sales Center to be constructed in the following manner: In locations where parking spaces abut a sidewalk, the applicant has expanded the sidewalk surface area by two feet to accommodate the overhang of the car. Where the parking spaces abut landscaped open space, an additional two feet of grass has been provided as part of the parking space. HISTORY On July 20, 2000, the City Council approved Resolution 42, 2000, which approved the site plan for the Sales Center. The proposed configuration of the parking spaces was reflected on the site plan which was approved by the City Council; however, a waiver was not requested at the time of the approval of the site plan. City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 COMPLIANCE/LAND USE The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. The overall site is zoned PCD with a Future Land Use Plan designation of RL. 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 approved Master Plan. TRAFFIC OPERATIONAL IMPROVEMENTS No operational traffic improvements are required as a result of the development of this parcel. PHASING Development of this parcel will be in a single phase. Roadway construction will be occurring simultaneously with the construction of the parcel. ACCESS Roadway ccess to the site via the spine road is under construction and will Y � p 11 be completed simultaneously with the parcel construction. EXISTING ZONING AND LAND USE DESIGNATIONS AND SITE COMPARISON EXISTING USE ZONING FUTURE LAND USE Subject Property PCD (Designated on the Master Vacant/wooded Plan as Sales Center /Guardhouse) RL North Proposed Lake and Preserve Area PCD RL South Southwest Community Collector Roadway /Golf PCD RL East Lake/Preserve PCD RL West Lake/Golf PCD RL 2 C� J City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 ARCHITECTURAL STYLE AND SPECIAL FEATURES The architectural style of the sales center has previously been approved. The proposed waiver will not affect the approved structure. LIGHTING T F"ppiovecThW frrrg or e s - r 1 not be-affected by this waiver request. -- - LANDSCAPE PLANS The approved landscape plans will not be affected by this waiver request. The approved landscape plans were designed in accordance with the configuration of the parking spaces as shown on the approved site plan. Those portions of the parking spaces which are shown to be grass have not been included in the calculation of open space. PARKING The configuration of the parking spaces and the quantity of parking spaces shown on the approved site plan will not be affected by this waiver request. DRAINAGE Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into adjacent lakes which are part of the surface water management system for the project. This waiver request will not affect the drainage system as approved. CPTED COMPLIANCE In accordance with condition 52, CPTED criteria was established for the overall PCD. This parcel complies with the CPTED guidelines. WAIVER The developer is requesting the following waiver: Parking space surface material - The applicant is asking for a waiver from Section 179 (1)3 which states: "Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces 3 City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 may be approved by the City Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces to be used in the construction of the parking spaces. Due to liability and maintenance problems the applicant has chosen, as allowed by Section 179 (e) (Wheel Stops), to install a 6" wide non - mountable curb in lieu of wheel stops. The curb is proposed-to-be -placect at a point 1�6 ° feet =-ko _ nd---ofthrT=kmg space; which is the same location that the wheel stop would otherwise be placed. In locations where parking spaces abut a sidewalk, the applicant has expanded the sidewalk surface area by two feet to accommodate the overhang of the car. Where the parking spaces abut landscaped open space, an additional two feet of grass has been provided as part of the parking space. The length of each space includes 16 feet of pavement, 6" of curb and 2 feet of either grass or raised pavement for a total of 18'6" per parking space. If the 18'6" of the parking space were to be paved and the curb was to be placed at the end of the 18'6 ", with the overhang of the car beyond the curb the effective length of the parking space would be increased to 20'6 ". By placing the curb at the 16' location, the applicant is able to reduce the appearance of pavement and increase the appearance of open space. Section 156 (e) (Protection of Landscape areas) of the current Palm Beach Gardens Land Development Regulations allows vehicles to overhang into landscaped areas provided the area is not included in the open space calculation. The applicant states the overhang area has not been included in the open space calculation. By using curbs instead of wheel stops, the applicants further states the maintenance of the parking areas is greatly improved and liability associated with wheel stops is eliminated. The applicant's decision to place the curb where the wheel stop would otherwise be is also based, in part, by standards that have been established by Palm Beach County code. This waiver request is consistent with the parking space configuration allowed by Palm Beach County, the parking configuration approved by`the -City for The-Eommons development, and meets the majority of all applicable criteria for waivers established by the Land Development Regulations as described below: SECTION 92(i) A request for the City Council to approve a waiver from one or more of the standards and requirements applicable to a planned development, PUD or PCD shall comply with a majority of the criteria listed below. Italics indicate the petitioner's response to each standard or requirement. 1. The request is consistent with the City's Comprehensive Plan. This waiver request is consistent with the elements of the Comprehensive Plan. 4 City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 2. The request is consistent with the purpose and intent of this section. The applicant states it is their understanding that the purpose and intent of this section is to encourage applicants of planned developments to propose projects that are innovative, creative, and of benefit to the City. The City Council takes into consideration the community benefits of a development such as pedestrian amenities, preservation of env ironmerrtally7erftMe`-la-n —ac , e t �ovision`of public parks and open space when - - considering the approval of waivers. 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. The PCD meets and exceeds. all code requirements for open space and the preservation of environmentally sensitive lands, provision of pedestrian facilities and the provision of public and private recreation. This site also meets and exceed the requirements for the provision of open space. 3. The request is in support of and furthers the City's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. The Mirasol development provides the City with over 10 miles of public pedestrian walkways and pathways, a 15 acre public park, afire station, and over 1500 acres of Community Serving Open Space. Design, development, management, and maintenance of the PCD provides employment for many of the residents of the City. Internal and external traffic trips were evaluated at the time of approval of the PCD. The Master Developer has established internal guidelines and processing for review and approval of individual development plans. These internal restrictions help to create a unified sense of community and establish a level of quality that is consistent with the standards established by the City. The requested waiver is consistent with Palm Beach County Standards as well as previous site plan approvals for parking spaces at The Commons. 4. The request demonstrates that granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUD's. 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 Go f Digest PCD is. 93 du's /ac which is below the 3 du's per acre allowed by the RL- Residential Low Future Land Use Plan designation. The Sales Center Parcel exceeds the required open space. Granting the requested waiver will not result in exceeding the minimum standards of a PCD. 5. The request for one or more waivers results from innovative design in which other 5 City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 minimum standards are exceeded. The Sales Center site is positioned to take advantage of the views of the golf course and preserve areas and as such is surrounded by open space. While this parcel meet its required open space requirements, the perception of the pavement area can be reduced and the perception of open space can be increased by allowing the wheel stops to be replaced by curbs and by allowing the balance of the parking space to be grass. The consolidation -of open space -within the PCD -creai ,-We= need-for-floxibility in the - application of standard Land Development Regulations within the development parcels. The proposed development plan for the Sales Center is consistent with the intent of the Planned Development District regulations. 6. The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas, and coastal areas. The approved Master Plan includes over 800 acres of preservation lands, and over 250 acres of water bodies and canals. The granting of this waiver will not affect the approved environmental preservation plan or the approved Water Management Permits. 7. The request demonstrates public benefits to be derived, including but not limited to such benefits as no -cost dedication rights -of -way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources and, use of desirable architectural, building, and site design techniques. The approval of the PCD included the dedication of right -of -way for PGA Boulevard, Jog Road, and Hood Road. The PCD has also provided over 6 miles of landscaped Parkway which include over 10 miles of pedestrian sidewalks and pathways. 8. Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. The Sales Center Parcel is surrounded by golf, water and landscape buffer. The granting of this waiver will not create an impact to any surrounding use. 9. The request is not based solely or predominantly on economic reasons. The use of wheel stops creates an undesirable potential for liability as well as a problem in the maintenance of the parking areas. Use of a curb in lieu of a wheel stops reduces the potential of an individual tripping over a wheel stop and injuring themselves. 6 City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 Maintenance of the parking area with curbs is greatly improved by eliminating the hard to reach space behind a wheel stop when cleaning or paving. Reduction of paved area increases the perception of open space and the edging effect of the curb creates a high quality image that the applicant desires. 10. The request will be compatible with existing and potential land uses adjacent to the development site. The development site is surrounded by open space. The proposed waiver will not impact the adjacent uses. 11. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare. Should this waiver be granted, it will be consistent with standards established by the City in the approval of The Commons. It will also be consistent with standards established by Palm Beach County. Approval of the waivers will not be injurious to the area or otherwise be detrimental to the public health, safety, and welfare. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) City Engineer In the attached memorandum dated February 13, 2001, City Engineer Sean Donahue had the following comments: "The City's LDRs require parking spaces with a minimum paved length of 18.5 feet. The applicant has shown a parking space that is 16.0 feet in length and includes a 2.5 -foot overhang over the curb and into the landscaped area." Reduction in size of the parking spaces is not permitted under the City's Land Development Regulations. The overhang cannot be included as a part of the length of the parking stall; therefore, the applicant needs to increase the paved length of the parking spaces to show a minimum of 18.5 feet of asphalt. "It is beneficial to the environment to have a vehicle overhanging a paved surface where the oil/grease from the vehicle will be combined with the majority of the runoff, diluted and eventually enter the storm sewer system, which is designed to treat the stormwater runoff and the pollutants. When a vehicle overhangs a pervious surface, the concentrated oil/grease is allowed into the soil without being diluted." 7 • City Council Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition MISC -01 -02 • "The grass adjacent to the curbing tends to be higher than the curb itself. This is partially due to a gradual ground slope that increases as the ground extends away from the curb. Therefore, this 2.5 -foot grassed overhand area will be difficult to maintain, especially during daytime hours when the landscape maintenance is conducted. During these hours there will be a greater amount of vehicles in the parking lot, and the grassed overhang area will be inaccessible." • In cases when a vehicle has a low underbody, drivers tend to park away from the curb to avoid scraping the top of the curb and grass area with their vehicle..- If die park ng9paee=i9=-Y-6 -feet long, the vehicle will extend outside of the parking space and into the drive aisle. Therefore, the parking spaces need to meet the minimum 18.5 -foot depth requirement." There were no concerns or comments from other members of the Development Review Committee. RECOMMENDATION Based on the City Engineer's comments and the requirements of the Land Development Regulations, staff recommends denial of Petition MISC- 01 -02. 0 Prepared and respectfully submitted by: Jackie Holloman Planning Technician G:short range/MISC 0102.stf 1 Attachments K • March 2, 2001 RESOLUTION 42, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MISCELLANEOUS APPLICATION FOR A WAIVER TO ALLOW THE CONFIGURATION OF THE PARKING SPACES TO INCLUDE GRASS AND RAISED PAVEMENT BEYOND THE CURB FOR THE MIRASOL SALES CENTER LOCATED WITHIN THE GOLF DIGEST ( MIRASOL) PLANNED COMMUNITY DISTRICT, ON THE NORTH SIDE OF THE COLLECTOR ROAD WITHIN THE SOUTHWEST PORTION OF THE COMMUNITY APPROXIMATELY ONE - QUARTER MILE FROM THE EAST -WEST PARKWAY WESTERN ROTARY, AND AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Taylor Woodrow Communities, for a waiver for the Mirasol Sales Center, located within the Golf Digest (Mirasol) PCD approximately one - quarter mile from the east -west parkway western rotary, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City Council approved the Mirasol Sales Center site plan by Resolution 42, 2000; and WHEREAS, the applicant seeks one waiver to allow the configuration of the required 18.5 - foot parking spaces to include a 2.5 -foot overhang of grass and raised pavement beyond the curb, resulting in 16 -foot paved parking spaces; and WHEREAS, the 2.4 -acre site is currently zoned Planned Community District (PCD), 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 WHEREAS, the City's Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section I. The City Council of the City of Palm Beach Gardens, Florida, hereby approves one waiver from Section 179(1)3, "Paving ", which requires not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved, to allow the • • Resolution 42, 2001 Page 2 of 2 configuration of the parking spaces to include a 2.5 -foot overhang of grass and raised pavement beyond the curb, resulting in 16 -foot paved parking spaces for the Mirasol Sales Center, located within the Golf Digest ( Mirasol) PCD; Section 2. Said approval shall be consistent with all representations made by the applicant or applicant's agents at any workshop or public hearing; and Section 3. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan SP -1 dated June 1, 2000, by Sanders Planning Group, P.A. Section 4. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. JOSEPH 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 SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK jholloman/G:short range/MISC 0102.RESO AYE NAY ABSENT • Attachment to Resolution 42, 20( GOLF DIGEST SALES CENTER EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 4, TOWNSHIP-4-2 SOUTH, RANGE 42 EAST,- PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 01'54'07" EAST, ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE 0:' 1542.70 FEET; THENCE SOUTH 88'05'53" EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 2809.29 FEET TO THE POINT OF BEGINNING; THENCE NORTI 01'43'41" EAST, A DISTANCE OF 232.73 FEET; THENCE NORTH 68'34'02" EAST, A DISTANCE OF :249.81 FEET; THENCE SOUTH 38'.39'52" EAST, A DISTANCE OF 265.70 FEET; THENCE SOUTH 28'10'28" WEST, A DISTANCE OF 209:41 FEET TO THE POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 550.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 28'49'47" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID -CURVI THROUGH A CENTRAL ANGLE OF 23'07'340, AN ARC DISTANCE OF 221.99 FEET TO THE POINT OF TANGENCY; THENCE NORTH 84'17'47" WEST, A DISTANCE OF 13.44 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 500.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAII: CURVE THROUGH A CENTRAL ANGLE OF 09'29'41 ", AN ARC DISTANCE OF 82.8; FEET TO THE POINT OF BEGINNING. CONTAINING 105,490.38 SQUARE FEET OR 2.42 ACRES, MORE OR LESS. 1AAW .;tNt�ta L' DEAR) MEN! 44 d •- �'� l�� IN . Dees (sv (vss) W= U 'BiEweanvl 1-4 [.ov# '•wva P=ewwoo 7 szvz -a•d'driwo auiu- 1040Pu� L o I RA ut -= (yes) a r sme - 3 %- a � — W UBId e1!S W aa}uao says •:: $ a. /sall!u DOMjo(Kel GOd 3SONG }109 CO �i � i a 't s \ £L'Z£Z 3„t*.Ct' lON Ir • b$ Y m La Oil ; CO I I n. Zt {{f1 l t I I 1 r ; X18 -- 1 1 - INC. �tttVSI;SLIRV c1)RS SVh \'FYc )RS \I`PEhti • CIVIL AGRICULTURAL IVATER RESOURCES %VATf_R & WASTEWATER TRANSPc RrAIli N SURVEYNIG & ,MAPPING GIs "I'ariners titr Resuli-� Vtl.K_' bV DNtii "n.• 3530 SAV. Corporate Pkk,.�.. Paint City. FL ;4990 60 1 80 -iii:; ; Fay: 001 t ?tih- ;L), ; ��•�� ��.Iltrli.cnitt MEMORANDUM TO: Jackie Holloman FROM: Sean C. Donahue, P.E.`5'1) DATE: February 13, 2001 FILE NO. 00 -4121 SUBJECT: Golf Digest -Sales Center We have reviewed the Site Plan and wavier request for the pervious/impervious parking spaces prepared by Urban Design Studio, received on January 17, 2001. We have the following comments: The City's LDRs require parking spaces with a minimum paved length of 18.5 -feet. The applicant has shown a parking space that is 16.0 feet in length and includes a 2.5 -foot overhang over the curb and into the landscaped area. While the overhang is permitted in Section 156 of the City's LDRs, the reduction of the parking spaces is not (i.e. the applicant cannot count the overhang as a part of the length of the parking stall). The applicant did not request a waiver from the parking space length requirements during the City's Site Plan Review Process. To comply with the Section 179 City's LDRs, the applicant needs to increase the paved length of the parking spaces to show a minimum of 18.5 feet of asphalt. We understand that the applicant has subsequently submitted a waiver from this section of the City's LDRs. However, we will remain in support of the City's LDRs for the following reasons: • It is beneficial to the environment to have a vehicle overhanging a paved surface where the oil/grease from the vehicle will be combined with the majority of the runoff, diluted and eventually enter the storm sewer system, which is designed to treat the stormwater runoff and the pollutants. When a vehicle overhangs a pervious surface, the concentrated oil/grease is allowed into the soil without being diluted. • The grass adjacent to the curbing tends to be higher then the curb itself. This is partially due to a gradual ground slope that increases as the ground extends away from the curb. Therefore, this 2.5 -foot grassed overhang area will be difficult to maintain, especially during daytime hours when the landscape maintenance is conducted. During these hours Golf Digest -Sales Center Page 2 of 2 LBFH File No. 00 -4121 there will be a greater amount of vehicles in the parking lot and the grassed overhang area will be inaccessible. • In cases when a vehicle has a low underbody, drivers tend to park away from the curb to avoid scraping the top of the curb and grass area with their vehicle. If the parking space is 16.0 -feet long, the vehicle will extend outside of the parking space and into_ the drive aisle. Therefore, the parking spaces need to meet the minimum 18.5 -foot depth requirement. SCD/ w: = - -Steve Cramer Karen Craver P. \PR6JECTS \PBGMEMO \4121\4121 j.doc • • 11 270 (1) Parking stall and bay dimensions.._ --- (1) Minimum dimensions. Each standard space shall comply with the ( 11 I I ^ f'R£CAST GOMGI7ETE requirements of Figurel5 and as Y-EEL sroP indicated below. The dimensions of a parking space shall not include access, travel, and maneuvering areas. I I a. Standard space: minimum 10 feet ( I by 18.5 feet. a b. Reduced space for office uses: I uauTE UNE minimum 9 feet by 18.5 feet, subject to approval by the city council. C. Reduced space for retail and commercial uses: 9.5 feet by 18.5 feet, subject to approval by the Figure 15 City council. d. Parallel space: minimum 9 feet by 23 feet. (2) Criteria for reduction in parking space dimensions. Requests for reduction in parking space dimensions shall comply with the standards listed below. a. Additional open space. Additional open space, at a ratio of 1.5 square feet for each square feet of paved parking area that is reduced through the use of smaller parking spaces shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and identified on the project site plan. b. Enhanced site appearance. The additional open space and landscaping or related amenities required in this subsection shall be installed within the paved portions of the parking area. (3) Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and = other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces - may be approved by the city engineer. (4) Striping and marking of parking spaces. As indicated in Figure 15, all parking spaces shall be double striped. As an alternative to double striping, the city engineer may authorize the use of contrasting paving materials, such as specialty paver bricks, as a means to identify individual parking spaces. Palm Beach Gardens /Land Development Regulations Adopted luty 20, 2000 0 • AR7TCLE 7: SITE DEVELOPMENT STANDARDS Sec. 7.3. G. Interior landvcane requirements FIGURE 7.3 -6 Divider Median with Curb Section LAN05GAPE AREA 5' MINIMUM WIOfH 2.5' VEH I GLE OVBRHAN� 11C - 5' VEH I GLE OVERHANG, T . 6' GUR6 16'PARKIN6 SPAGE 16' PARKIN&.SPAGE T 10'M60IAN 16LANO I NG1.UO I N& GUKO FIGURE 7.3 -7 Divider Median with Curb Detail 10'M601AN 16LANO INGLUOIN6'GURO LAN05GAPE AREA 5' MINIMUM W I OTH 16' PARKING SPAGE 16'PAKKI:N& 6PAGE 1 1 1 2.5' VEH I GLE OVERHANG 2.5' VEH 1 GLE OVERHANG i 1 1 1 1 1 LAND DEVELOPMENT CODE ADOPTION JUNE 16. 1992 6" GUKO PALM BEACH COUNTY, FLORIDA L _vim J l;lti�Y+ I H 10199 Supplement No. 9 ' 7j4AN,1AGEM 4 DEARVYIIEM 1 L-Ij • 3 CS 1 Etc) 0 0 Z in N c L LL T Cd T- (1) a to 'c D N C U c t Q T r O CV m 0 n � r � 0 U � CD 0 Co c U) Qt C CL CL City c' 0a;r,en:, MAMAGEMENT DEPARTMENT i a, � ARTTCLE 7: SITE DEVELOPMENT STANDARDS Sic. 7.2. C Off Street Parking and Loading (b) Wheelstops or curbing required. Wheel stops or continuous curbing shall be placed two and one -half (2.5) feet back from walls, poles, structures, pedestrian walkways or landscaped areas. The area between any wheel stop and required landscaped strip may be landscaped, rendering the paved space area fifteen (15) to sixteen (16) feet in length, depending on the angle of parking provided. (5) Marking. Except for parallel parking spaces, parking lots containing spaces for three (3) or more vehicles shall delineate each space by single or double stripes on each side of the space. All stripes shalt be painted in white paint except for handicapped spaces which shall have blue stripes. The width of the painted stripe shall be four (4) inches. Double striping separation from inside edge of stripe to inside edge of stripe shall be no less than eight (8) inches and no more than sixteen (16) inches. The effective width of the double stripes shall range from sixteen (16) inches to twenty -four (24) inches, measured from outside edge of stripe to outside edge. of stripe. - [Ord. No._97 -641 [Ord. No. 99 -37] (6) Signs. Traffic control signs and other pavement markings shall be installed and maintained as necessary to insure safe and efficient traffic operation of all vehicular use areas. Such signage and marling shall conform with the Manual on Uniform Traffic Control Devices, Federal Highway Administration, U.S. Department of Transportation, as adopted by the FDOT, as revised. (7) Drainage. Runoff from vehicular use areas shall be controlled and treated in accordance with all applicable agency standards in effect at the time an application is submitted. (8) Landscaping. (a) All new vehicular use areas shall be landscaped in accordance with Sec. 7.3. (Landscape and Buffering). (b) Renovations to existing vehicular use areas shall be landscaped in accordance with Sec. 7.3. (Landscape and Buffering). i) Exception. Normal maintenance and repair, such as resurfacing, restriping, or the addition of curbing and wheel stops, to existing vehicular use areas shall require landscaping in accordance with the requirements of the original permit. [Ord. No. 98 -12] (9) Preservation. Existing vegetation shall be preserved and incorporated into the landscaping for the vehicular use area. [Ord. No. 97 -63] (This space intentionally left blank.) iL City of F.? v:rdell. \ `v LAND DEVELOPMENT CODE PALM BEA CH-CO UNTY, F i RID ; J � .�VV 1�. MarrACErr�t;T ADOPTION JUNE 16. 1992 10199 SupPIemt ;; f No. 9 DEPARMIT ! : ollwol I [*]In I 110401 is A 153 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 43, 2001, a request to amend a Site Plan within a Planned Community - Development tPCE}= ravfinforrinr -amendment to allow for the existing Administrative Building to remain, under the ownership of the Ballenlsles Country Club, Inc. The applicant is proposing no new construction. RECOMMENDATION Staff recommends aonrnval of Resolution 43. ?nni _ Reviewed by: City Attorne Originating Dept.: Growth Management Costs: $ Total Council Action: [ ] Approved Finance NA $ [ ] Approved w/ ACM (y Current FY conditions Human Res. NA III ( ]Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 43, 2001 • Letters of Approval [X] Not Required • Legal Description Submitted by: Growth Managem nt Affected parties Budget Acct. #:: Director ( ified [ ] None Approved by: City Manag [X] Not required V /( • City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition SP -00 -25 REQUEST Urban Design Studio, agent for Dexter Development Company, on behalf of the owner, Ballenlsles Country Club, Inc., is proposing an amendment to a Site Plan within a Planned Community Development (PCD), providing for a minor amendment to allow for the existing Administrative Building to remain, under the ownership of the Ballenlsles Country Club, Inc. The applicant is proposing no new construction. The site is located within the Ballenlsles Planned - Community Development, which is bounded by PGA Boulevard to the north, IVorthlake B- oulevarci to he south, the Florida's Turnpike to the west and Military Trail to the east (11- 42S -42E). LAND USE & ZONING The subject site is zoned Planned Community Development and has a future land -use designation of Residential Low, and is listed as Residential Low on the Vision Plan. CONCURRENCY This site is vested for concurrency. The applicant is proposing no additional trips with the proposed amendment. PROJECT DETAILS Dexter Development Company, the master developer of Ballenlsles, originally owned the site. The property was sold to Ballenlsles Country Club, Inc. in 1999. As part of the sales agreement, Ballenlsles Country Club, Inc. agreed to maintain the administrative building permanently. They are presently leasing the building to Dexter Development Company and plan to eventually lease the building to the Ballenlsles Community Association (BICA) for administrative purposes: The Ballenlsles PCD was originally approved by Ordinance 8, 1989. Parcel 28 was granted approval by Resolution 85, 1990. Subsequently, Parcel 28 has received approval to amend Resolution 85, 1990, which have included the following amendments: Resolution 30, 1993 (amend a condition of approval) Resolution 42, 1994 (demolition of existing club for new construction) Resolution 137, 1994 (allow for a double -wide trailer for office /pro shop use on site) Resolution 70, 1995 (amend golf maintenance facility) 2 City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition SP -00 -25 Resolution 25, 1996 (relocate temporary trailers) Resolution 84, 1997 (approve temporary trailers) Resolution 117, 1999 (modification to fitness /tennis expansion) In addition to these amendments, the previous owner, Dexter Development Company, submitted an application, petition SP- 97 -12, which requested that the administrative building remain. The applicant then withdrew the petition due to negotiations with the present owners, Ballenlsles Country Club, Inc. At the _the applicant submitted landscape plans which were never approved for the ad- ministrafive- building. These landscape plans shall become the plans of record for this application. The applicant is proposing to eliminate Condition #2 of Resolution 42, 1994 which states: "The existing administrative office building shall be removed no later than July 6, 2001, even if the PCD Development is not completed ". The primary concern which led to this condition of approval of'Resolution 42, 1994 was that the 40 year old structure was not compatible with the rest of the Ballenlsles architecture, particularly due to its close proximity to Ballenlsles Drive. Since this time, however, the new owner, Ballenlsles Country Club, Inc., has determined that the cost of replacing the facility would be prohibitive, and the need for administration space and other services associated with Ballenlsles Community Association (RICA) justified maintaining the building for administrative purposes. There have been no objections from the Concerned Homeowners Association of Ballenlsles to'this application. Resolution 117, 1999 provided for a modified site plan for Parcel 28, which indicates the permanent location of the administrative building. However, the condition requiring the demolition of this structure was not deleted at that time. The site plan approved by Resolution 117, 1999 shall be the site plan of record for this application. Resolution 84, 1997 provided for two temporary trailers to be located adjacent to the administrative building for use by the Ballenlsles Community Association (BICA). That approval required the expansion and paving of the parking area adjacent to the administrative building, which has been completed. That approval also required the removal of the trailers six years from date of approval, which will occur. in 2003. At that time, BICA will move into the administrative building and the trailers will be removed. The landscape plan of record for this application shall then be implemented. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Staff has received no adverse comments from the DRC members. 3 OUTSTANDING ISSUES. There are no outstanding issues regarding this petition. PLANNING AND ZONING COMMISSION City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition SP -00 -25 The Planning and Zoning Commission reviewed this petition at its February 6, 2001 meeting. The Commission had several concerns regarding past requirements to have the structure demolished and past sentiment within the community that the building did not fit into the community architecturally. The Commission felt that more involvement was needed by the homeowners of Ballenlsles on this decision making process. The Commission voted to recommend approval of this petition with the two staff conditions, and with the addition of two conditions of approval: (1) The administrative building is to remain for two additional years beyond 2001 (July 6, 2003) (2) Prior to scheduling a City Council meeting (July, 2003) at which time a final action on the deletion of said condition should occur, the applicant shall notify all property owners within 500 feet. RECOMMENDATION In order to address concerns of the Planning and Zoning Commission, staff has requested further verification of approval from the Concerned Homeowners of Ballenlsles and the Ballenlsles Community Association in order to confirm that there is no opposition within the community to leaving the administrative building on site. With that confirmation, staff recommends approval of petition !MISC -00 -22 with the two conditions of approval: (1) This approval shall be consistent with the following approved site plan on file with the Growth Management Department: July 8, 1999 Site Plan, Urban Design Studio, Sheet 1 of 4 (2) This approval shall be consistent with the Growth management Department: Urban Design Studio, 1 Sheet • the following landscape plan on file with September 12, 1997 Landscape Plan, • February 22, 2001 RESOLUTION 43, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, (FLORIDA, AMENDING RESOLUTION 42, 1994 TO ALLOW FOR THE ADMINISTRATIVE BUILDING TO REMAIN WITHIN BALLENISLES PARCEL 28, WHICH INCLUDES THE CLUBHOUSE, TENNIS AND FITNESS FACILITY, AND EAST' MAINTENANCE -FACILITY, LOCATED WITHIN _ THE BALLENISLES PLANNED COMMUNITY DEVELOPMENT ON THE EAST SIDE OF BALLENISLES DRIVE APPROXIMATELY %Z MILE SOUTH OF THE INTERSECTION OF BALLENISLES DRIVE AND PGA BOULEVARD; PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from BallenIsles Development Company to amend Resolution 42, 1994, to delete a condition of approval and allow for the administrative building to remain within BallenIsles Parcel 28, which includes the Clubhouse, Tennis & Fitness Facility, and East Maintenance Facility, and is located within the BallenIsles Planned Community Development; and WHEREAS, Section 2, condition number 2 of Resolution 42, 1994 requires that the existing administrative building be removed no later than July 6, 2001, even if the PCD is not complete; and WHEREAS, BallenIsles Parcel 28 was originally approved by Resolution 85, 1990, and subsequently amended by Resolution 30, 1993, Resolution 42, 1994, Resolution 137, 1994, Resolution 70, 1995, Resolution 25, 1996, and Resolution 84, 1997 and Resolution 117, 1999; and WHEREAS, the proposed amendment is consistent with the BallenIsles Master Plan; and WHEREAS, the City's Growth Management Department has determined that approval of said application is 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: • Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Section 2 of Resolution 42, 1994, to delete condition 2 and allow for the administrative building to remain within BallenIsles Parcel 28, which includes the Clubhouse, Tennis & Fitness Facility, and East Maintenance Facility located within the BallenIsles Planned Community Development; and Section 2. Said approval shall be consistent with the following plans on file with the Growth Management Department: (1) July 8, 1999 Site Plan, Urban Design Studio, Sheet 1 of 4 (2) September 12, 1997 Landscape Plan, Urban Design Studio; 1 Sheet - _- Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF 2001. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND CAROL GOLD SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN FURTADO COUNCILMAN SABATELLO COUNCILMAN CLARK AYE NAY ABSENT 0 oO�oa���o BallenIsles Community °ao vo Association, Inc. ES 205 BallenIsles Circle, Palm Beach Gardens, FL 33418 (561) 625 -5724 Fax: (561)625 -2621 February 26, 2001 Mr. Ed Tombari City Planner - - - -- City of-Palm--Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: BallenIsles Parcel 28 — Miscellaneous Approval. Administrative Building Dear Mr. Tombari: This letter is submitted on behalf of BallenIsles Community Association, Inc. (BICA), which represents the more than 1,200 property owners in BallenIsles. The BICA Board of Directors strongly supports the petitioner's request to permanently permit the existing administrative office building, which is located on Parcel 28 and is owned by BallenIsles Country Club, Inc. It is our understanding that at a recent meeting of the Planning and Zoning Commission it was recommended that the temporary permit for this building be extended two years and that this request be revisited at that time. This is contrary to the City's staff recommendations and the desire of the residents. This is further evidenced by the fact that approximately 2,000 individual resident members have executed Membership Purchase Agreements, incident to their purchase of their equity membership in BallenIsles Country Club, that clearly states that a request will be submitted to the City for the permanent permitting of this administrative office building. Ownership of this administrative office building was transferred to BallenIsles Country Club, Inc. as part of the purchase of the club and its assets and serves as an important component to provide office space for BallenIsles Community Association and Club personnel. We strongly encourage the City Council to recognize the desire of the residents of BallenIsles and approve the Amendment to Resolution 42, 1994 by deleting condition #2 which states "The existing administrative office building shall be removed no later than July 6, 2001, even if the PCD development is not completed ". Q � CdY of PB. Gardens FED 28 2001 GR�W1H.,t- D. Re: BallenIsles Parcel 28 – Miscellaneous Approval Administrative Building February 26, 2001 Page 2 Thank you for your favorable consideration of our request. Sincerely, — _ -_– -KbFert -Kaplan Patsy li tt Resident BICA Board Member Resid BIC o Ta/demb( Roy avidson Robert Fre BICA Board Member BICA Board m rcky y AA arca ntonio ard Member rd Member illiam Vander BICA Board Member • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 03/05/01 Meeting Date: 03/15/01 Subject/Agenda Item Ordinance 5, 2001, Providing for Amendments to the Fiscal Year 2000 -2001 Budget. Recommendation /Motion: Consider a motion to approve Ordinance 5, 2001 on first reading. Reviewed by. - -- -0rigiaating- Dept = -= = -- - Costs: $ 0 Council Action: City Attorney Finance (Total) [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: Kent R. Olson )(�M Finance Director Affected parties [ ] Notified Budget Acct. #: ( ] None Approved by City Manager [ X ] Not required BACKGROUND. See attached memorandum. CITY OF PALM BEACH GARDENS ` MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: March 5, 2001 FROM: Kent R. Olson, Finance Director 46 SUBJECT: Ordinance 5, 2001 — Budget Amendment BACKGROUND The City needs to increase its projected reserves as of the end of fiscal year 2001. Ordinance 5, 2001, proposes revisions to the Budget that will provide for the reserves originally anticipated for the Fiscal Year 2000 -2001 Budget. The proposed revisions are those which were outlined by Chief Bergel during his presentation at the January 18 Council meeting. DISCUSSION Ordinance 5, 2001, includes exhibits which detail the amendments for the Fiscal Year 2000 -2001 Budget. These exhibits reflect the changes that were reviewed and proposed by the reconstituted Budget Review Committee, chaired by Fire Chief Pete Bergel. The Committee was comprised of department heads and one other staff member from each department, if so desired. The Committee set a goal of increasing reserves by $2 million. The Committee met on three different occasions, and succeeded in reaching its goal. The proposed amendment incorporates the Committee's recommendations for revising the FY 2001 Budget. The Committee's recommendations, updated for the appointment of a City Manager and some other changes, are reflected in Ordinance 5, 2001. RECOMMENDATION Staff recommends approval of Ordinance 5, 2001 on first reading, providing for amendments to the Fiscal Year 2000 -2001 Budget. • 163 City of Palm Beach Gardens Budget Summary Information Original Proposed Revised Account Budgeted Item Amount Revision Amount City Council 0100- 511.3710 Seminar and conference 300 (300) - 0100- 511.4010 Travel 2,400 (2,000) 400 0100 - 511.5910 Council Contingency 50,000 (25,000) 25,000 Administration 0200 - 512.3150 Interim Manager Services - 40,660 40,660 0200 - 512.3150 City Manager Search - 8,000 8,000 0200 - 512.3150 Forgive Loan to Former City Manager - 20,000 20,000 0200 - 512.3150 Haysmar - 10,000 10,000 0200 - 512.3150 Temporary employees - 14,400 14,400 0200 - 512.3150 Records Management Services -- - _ -_ _ - = _ 25,000 - _ (25,000) - 0200- 512.3710 National Conferences 1,220 (820) 400 0200 - 512.3710 Assistant City Manager - FCCMA 400 (200) 200 0200 - 512.3710 City Manager - Florida League of Cities 150 150 0200 - 512.3810 Customer Service Training 10,000 (10,000) - 0200- 512.3810 Training courses -staff 1,600 (1,000) 600 0200 - 512.4010 Travel - Administration (National Conferences) 3,150 (2,100) 1,050 0200 - 512.4420 Copier - lease agreement 7,700 1,800 9,500 0200- 512.4630 Office machine repair 10,000 0200 - 512.4910 Advertising 2,000 2,000 0200 - 512.5200 Sign Package 10,000 (10,000) - 0200 - 512.5420 Assistant City Manager - ICMA 590 (590) - 0200- 512.5420 Assistant City Manager - FCMA 200 (200) - 0210 - 512.3710 3CMA National Conference 475 (475) - 0210 - 512.3810 Computer training 400 (400) 0210- 512.4010 Travel - Resident Services(National Conference - 3CMA) 985 (985) - 0210- 512.4710 Annual Report 5,500 (5,500) - 0210- 512.4800 Advisory Board Recognition 6,300 (3,300) 3,000 0210 - 512.5200 Hurricane supplies 5,000 (4,000) 1,000 0220 - 512.3150 Office Professional 2000 26,000 (26,000) - 0220- 512.3150 Software upgrades 17,000 (7,000) 10,000 0220 - 512.3150 Microsoft technical support 1,500 (1,500) - 0220- 512.3810 Tech Training - SQL Server 1,500 (1,500) - 0220- 512.4010 Training - 15 days 3,000 (1,000) 2,000 0220 - 512.4010 Travel - (Out of State) 1,000 (1,000) - 0220- 512.5200 Furniture 1,000 (1,000) - 0220- 512.5410 Books and manuals 1,000 (500) 500 0220 - 512.5420 GIS Manager - Assn. Of American Geographers 70 30 100 0220 - 512.6430 Finance - computer for new position 2,000 (2,000) - 0220- 512.6430 Finance - replace two Pentium computers (PR, AP) 4,400 (4,400) - 0220- 512.6430 Fire - Laser Network Printer 2,000 (2,000) - 0220- 512.6430 Scanner /Scan Stations 5,000 (5,000) - 0220- 512.6430 Citizen Services - Scanner 600 (600) - 0220- 512.6430 Police - Computers for new hires 7,500 (1,200) 6,300 0220- 512.6430 Police - Flatbed scanner 550 (550) - 0220- 512.6430 Human Resources - Color laser printer 1,350 (1,350) - 0220- 512.6430 Human Resources - Laptop computer 1,700 (1,700) - 0220- 512.6430 Engineering - 4 computers 8,000 (8,000) - 0220- 512.6430 FAX Server 4,000 (4,000) - 0220- 512.6430 Information Kiosk 4,500 (4,500) - 0220- 512.6430 A 'ROW Secure Card Access for File Server Room 3,000 (3,000) - City of Palm Beach Gardens Budget Summary Information Original Proposed Revised Account Budgeted Item Amount Revision Amount Human Resources 0300 - 513.3150 Typing Tests 750 (500) 250 0300 - 513.3150 Recruiting Fees 2,800 (2,800) - 0300- 513.3160 Labor counsel 75,000 (25,000) 50,000 0300 - 513.3710 State RIMS Conference 100 (100) - 0300- 513.3710 HR Specialist - FPPA Conference 175 (175) - 0300- 513.3710 HR Analysts - FPPA Conference 350 (175) 175 0300 - 513.3810 Supervisory Training 5,000 (5,000) - 0300- 513.3810 Safety Training 10,050 (5,000) 5,050 0300 - 513.3810 Harassment/Hostile Work Environment Training 5,000 (2,500) 2,500 0300- 513.3810 Safety Videos/Training Materials 1,000 (500) 500 0300 - 513.3820 Tuition -R-d mbufserrri n1-w- 6,840 (6,000) 840 0300 - 513.4010 State RIMS Conference 725 (725) - 0300- 513.4010 HR Specialist - FPPA Conference 435 (435) - 0300- 513.4010 HR Analysts - FPPA Conference 990 (495) 495 0300 - 513.4010 Recruiting trips 1,700 (1,200) 500 0300 - 513.4710 Wellness information 600 (600) - 0300- 513.4710 Recruiting brochures 1,500 (1,000) 500 0300 - 513.4800 Employee recognition 18,900 (3,000) 15,900 0300- 513.4800 Benefits Fair Safety Giveaways 300 (300) - 0300- 513.4800 Safety committee luncheon 250 (250) - 0300- 513.5200 Portable VCR/TV 180 (180) - 0300- 513.5200 Recruiting items 2,000 (2,000) - 0300- 513.5200 Office furniture and equipment 1,300 (1,300) - 0300 - 513.5410 Florida Employment Law Manuals (3) 270 (180) 90 Finance 0600 - 513.3150 Grantwriter 40,000 18,000 58,000 0600 - 513.3710 Finance Tech. - FAOLO Conference 185 (185) - 0600- 513.3710 GFOA Conference 300 (300) - 0600- 513.3710 Accountant - FGFOA Conference 150 (150) - 0600- 513.3810 Other training 500 (300) 200 0600 - 513.3810 Advanced Financial Reporting 500 (500) - 0600- 513.4010 Finance Tech. - FAOLO Conference 480 (480) - 0600- 513.4010 Travel (Out of State) 2,000 (2,000) - 0600- 513.4710 Printing of Budget and Audit 2,200 (1,000) 1,200 0600 - 513.5210 Furniture for Accountant 1,500 (1,500) - 0600- 513.5210 FAX Machine 400 (400) - General Services 0900- 519.2330 Disability insurance 13,000 (1,000) 12,000 0900 - 519.4330 Non -Ad Valorem taxes 12,000 700 12,700 0900 - 519.4330 Solid Waste Disposal 28,000 1,600 29,600 0900 - 519.4500 Insurance Claims 10,000 10,000 0900 - 519.4800 Project Graduation 1,500 (1,500) - 0900- 519.4800 Holiday Decorations 1,500 (1,500) - 0900- 519.7110 2000 G. O. Principal 72,000 (13,247) 58,753 0900 - 519.7210 2000 G. O. Interest 40,000 17,234 57,234 • El City of Palm Beach Gardens Budget Summary Information Account Budgeted Item Original Proposed Revised Amount Revision Amount Police 1000 - 521.3150 Temporary Workers - 10,000 10,000 1000 - 521.3150 Consultant fees 500 (500) - 1000- 521.3150 Annual document destruction 2,000 (2,000) - 1000- 521.3810 Training and education 4,000 (2,000) 2,000 1000 - 521.4420 Equipment rental - pagers (4,000) 1000 - 521.4430 Storage space rental 1,250 (1,000) 250 1000 - 521.4800 Floral arrangements (duplicative of HR) 500 (300) 200 1000 - 521.5200 Minority Law Enforcement Council Ad 50 (50) - 1000- 521.5200 Plants, lamps, decorative items for new building 1,000 (1,000) - 1000- 521.5200 Case folders 1,800 (500) 1,300 1000 - 521.5410 Computer program handbooks (260) - 1030- 521.1210 Master Officer Program 1030 - 521.4420 Rental cars for surveillance - 2 cars 12,000 (6,000) 6,000 1030 - 521.4710 National night out 200 (200) - 1030- 521.4960 Body Armor @ $425 each 2,125 (1,275) 850 1030 - 521.4960 Uniforms 2,133 (1,000) 1,133 1030 - 521.4960 Tactical batons 1,000 (500) 500 1030- 521.5200 PAL Program 6,000 (3,000) 3,000 1030 - 521.5200 Equipment to start citizens on patrol 750 (750) - 1030- 521.5200 Junior Police badges 590 (440) 150 1030 - 521.5200 Graphic arts computer program 300 (300) - 1030- 521.5200 Dive equipment 1,055 (1,055) - 1030- 521.5200 Hostage negotiator supplies 500 (250) 250 1030 - 521.4710 Vehicle inspection forms 850 (850) - 1030- 521.5294 Rubber boots 698 (698) - 1040- 521.4010 Travel for seminars 500 (500) - 1040- 521.6400 DUI Roadblock sign 1,500 (1,500) - 1040- 521.6400 Fatality investigations instrument 600 (600) - 1040- 521.5200 Photo supplies and processing 1,600 (300) 1,300 1040 - 521.5200 Double cabinet for storage 300 (300) - 1040- 521.5200 Two 2- drawer filing cabinets 180 (180) - 1040- 521.6400 Laser radar units 11,300 (4,000) 7,300 1070 - 521.6400 Flammable material cabinets 1,000 (1,000) - 1070- 521.3150 Fees 3,500 (1,000) 2,500 1070 - 521.4600 USA software 750 (750) - 1080- 521.4710 Recruiting brochures 2,000 (1,000) 1,000 City,of Palm Beach Gardens Budget Summary Information Original Proposed Revised Account Budgeted Item Amount Revision Amount Fire 1200 - 522.3150 Dispatch Contract 120,000 (20,000) 100,000 1200 - 522.3150 Fire consulting services 1,000 (1,000) - 1200- 522.3810 Fire related courses 1,000 (500) 500 1200 - 522.3820 Tuition Reimbursement 2,700 (2,700) - 1200- 522.4710 Inspection forms 500 (500) - 1220- 522.4800 Community Promotion 5,500 (2,500) 3,000 1200 - 522.6200 Fire Station 3 1,500,000 (900,000) 600,000 1200 - 522.8110 Aid to Volunteer Fire Department 10,000 (5,000) 5,000 1220 - 522.4800 Promotional items 1,500 (1,000) 500 1220 - 522.4800 Fire Safety Materials 1,000 (500) 500 1220 - 522.5200 Investigative tools - - - �- - - ° 1,000--.- (500) 500 1230 - 522.3810 Technical Rescue Team 5,000 (5,000) - 1230- 522.3810 American Heat Video Series 1,000 (1,000) - 1230- 522.4010 SAR Training - Travel 1,152 (1,152) - 1200- 522.3710 Seminar and conference 840 (840) - 1200- 522.4010 Travel 2,280 (2,280) - 1230- 522.5200 Fire fighting foam 7,500 (2,500) 5,000 1230 - 522.5200 SAR Training - Travel 1,152 (1,152) - 1230- 522.5200 Furniture 1,000 (1,000) - 1230- 522.5294 Personal Rope Bags 10,000 (10,000) - 1230- 522.6400 Radio equipment - Station 1 4,500 (4,500) - 1240- 526.4800 ' Other promotional items 1,500 (1,500) - 1240- 526.6400 Other field equipment 600 (600) - Growth Management 1400- 515.3810 Other training 600 (600) - 1420 - 515.3150 Contract Planners 27,000 (27,000) - 1420- 515.3150 Other Planning Services - 17,000 17,000 1420 - 515.3150 Northlake Blvd Task Force 300,000 300,000 1420 - 515.3710 State APA Conference -7 1,400 (1,000) 400 1420 - 515.3710 Urban Forestry Conference 200 (200) - 1420- 515.4010 State APA Conference -7 4,100 (3,000) 1,100 1420- 515.4010 Urban Forestry Conference 370 (370) - 1430- 515.3150 Temporary part time secretary - 2,500 2,500 1430 - 515.3810 Code enforcement certification 1,250 (600) 650 1430 - 515.3820 Tuition reimbursement 600 (600) - 1430- 515.4710 Forms 1,300 (300) 1,000 1430 - 515.5410 Cross Reference directory 130 (130) - 1430- 515.5410 Street atlas 75 (75) - 1430- 515.5410 Other books 70 (70) - 1440- 524.3810 Training 6,100 (1,500) 4,600 1440 - 524.4010 Travel 3,600 (800) 2,800 1440 - 524.5410 SBCCI Code Books -5 1,100 (660) 440 1440 - 524.5420 Memberships and dues .550 (250) 300 1450 - 515.3120 Backgrounds and drug screens 200 (200) - 1450- 515.3150 Professional services - other (Change to Engineering) 300,000 125,000 425,000 1450 - 515.3710 Engineering Conference 600 (600) - 1450- 515.4010 Engineering Conference 1,200 (1,200) - 1450- 515.4110 Cell phone charges 2,400 (2,400) - 1450- 515.4710 Printing 800 (800) - 1450- 515.5110 Office Supplies 500 (500) - 1450 - 515.5210 General operating supplies 8,000 (8,000) 1450 - 515.5410 Books and periodicals 300 (300) 1450 - 515.5420 Memberships and dues 400 (400) - 1450- 515.9130 Transfer to Fleet Fund 23,785 (23,785) - • Original Proposed City of Palm Beach Gardens Amount Revision Budget Summary Information 550 Account Budgeted Item 1,025 (1,025) - 11,000 Parks and Recreation 10,000 2000 - 572.3710 Seminar and conference 1,000 2000 - 572.4010 Travel (Out of State) 26,500 2000 - 572.4210 Postage for newsletter 1,000 2000 - 572.4710 Letterhead and envelopes 600 2000 - 572.4710 Gardens News - 2000 - 572.5200 Office supplies 9,500 2000 - 572.5200 Registration forms - 2000 - 572.5410 Other books & video tapes _ - 21500 - 2020 - 572.5200 Materials & supplies (various) 2,000 2020 - 572.5410 Aquatics safety books "- - - 2020 - 572.6400 Equipment - 2030 - 572.5200 Tennis Supplies - 2030 - 572.5410 Books on sports - 2040 - 572.3150 Concerts in Parks 900 2040- 572.3710 Florida Festival & Events Conference - 2040- 572.4010 Florida Festival & Events Conference 250 2040 - 572.4710 Gardens Art flyers, etc. - 2040 - 572.4910 Promotional items - 2040 - 572.5200 Holiday decorations 23,264 2040 - 572.5200 Holiday banners 275 2040 - 572.6400 Laminating Machine - 2080 - 519.3400 Contractual Services - 2080- 519.3710 FIPP 9,500 2080 - 519.3810 Other training videos 161,000 2080 - 519.5410 FIPP - 2080 - 519.6300 Repairs to Pool Office Roof 2080 - 519.6300 Repairs to Plant Drive Park (Roller Hockey, Grant) 2080 - 519.6300 Thompson River Pump • Original Proposed Revised Amount Revision Amount 550 100 650 1,025 (1,025) - 11,000 (1,000) 10,000 1,200 (200) 1,000 27,300 (800) 26,500 1,250 (250) 1,000 880 (280) 600 110 (110) - 11,500 (2,000) 9,500 100 (100) - 800-- — 1,700E __...__. _ - 21500 - 3,750 (1,750) 2,000 75 (75) - 2,300 (2,300) - 300 (300) - 315 , (315) - 1,100 (200) 900 500 (500) - 750 (500) 250 1,000 (1,000) - 1,200 (1,200) - 9,264 14,000 23,264 250 25 275 200 (200) - 125 (125) - - 9,500 9,500 150,000 11,000 161,000 45,000 (45,000) - City of Palm Beach Gardens Budget Summary Information U-j Original Proposed Revised Account Budgeted Item Amount Revision Amount Public Works - 3000- 539.4600 Repairs to PW base station 2,000 (1,500) 500 3000 - 539.4010 Travel for PW Director Interviews 1,500 1,500 3000 - 539.4710 Time cards, other 1,500 (200) 1,300 3030 - 539.3150 Elevator Maintenance contract - 4,000 4,000 3030 - 539.3150 Janitorial services 5,000 (2,500) 2,500. 3030 - 539.3150 Air conditioning maintenance contract - 5,700 5,700 3030 - 539.3150 Carpet cleaning contract - 9,600 9,600 3030 - 539.3820 College courses 500 (500) - 3030- 539.4600 Lumber 7,000 (1,000) 6,000 3030 - 539.4600 Electrical supplies 8,000 (1,000) 7,000 3030- 539.5200 Other cleaning supplies = _= - 6,000 (1,000) - 5,000 3030 - 539.6400 2 Buffing machines 1,600 (800) 800 3030 - 539.6400 Compactor 2,400 (2,400) - 3040- 541.4420 Equipment rental 2,500 2,500 5,000 3040 - 541.5200 Pesticide - mosquito control 14,500 (3,500) 11,000 3040 - 541.6300 Storm water level monitoring 50,000 (20,000) 30,000 3050 - 541.3150 Contract for tree removal 15,000 (15,000) - 3050- 541.3150 Transplanting - Tree Planting Program 30,000 (20,000) 10,000 3050 - 541.6300 PGA Blvd Sprinkler 50,000 (40,000) 10,000 Total 3,125,609 (833,200) 2,220,649 New Positions (338,949) Vacant Positions (543,201) Sick/Personal Leave Pay (19,900) Health and Life Insurance (199,983) Utilities 180,920 Total General Fund (1,754,313) U-j City of Palm Beach Gardens Budget Summary Information Original Proposed Revised Account Budgeted Item Amount Revision Amount Revenues 01- 342.8000 Engineering Fees 200,000 (200,000) - 01- 334.9010 Police Grants 59,280 134,720 194,000 01- 337.9000 Grants from other governmental units 0 300,000 300,000 01- 335.1200 State Revenue Sharing 600,000 100,000 700,000 01- 335.1100 Cigarette Tax 77,000 (77,000) - 01- 342.9000 Police Training Fees 10,000 (10,000) - Total Revenue 247,720 - Net Reductions (2,002,033) ■ • Administration Police Fire Growth Management Parks and Recreation Public Works 11 • New Positions GIS Technician MIS Technician Police Officer Police Officer Police Officer Police Officer Fire Inspector Building Inspector Parks Maintenance Parks Maintenance Parks Maintenance Maintenance III - Facilities Maintenance I - Mowing Hire Date 05/01/2001 07/01/2001 07/01/2001 07/01/2001 07/01/2001 09/01/2001 08/01/2001 04101/2001 07/01/2001 08/01/2001 09/01/2001 07/01/2001 07/01/2001 Vacant Positions as of March 5, 2001 Hire Date Police Secretary II 03/05/2001 Police Officer 05/01/2001 Police Officer 05/01/2001 Dispatcher 04/01/2001 Fire Firefighter /Paramedic 04/01/2001 Firefighter /Paramedic 04/01/2001 Firefighter /Paramedic 04/01/2001 Growth Management Growth Management Director 03/12/2001 Parks and Recreation Parks Maintenance - 04/01/2001 - - Special Events Coordinator 05/01/2001 Public Works Assistant Public Works Director 05/01/2001 Electrician 04/01/2001 Maintenance IV - Facilities 07/01/2001 Maintenance I - Facilities 07/01/2001 Supervisor Canals and Swales 07/01/2001 Maintenance II - Canals 07/01/2001 Maintenance II - Canals 07/01/2001 Maintenance I - Irrigation 04/01/2001 Maintenance II - Mowing 07/01/2001 r� L • ORDINANCE 5, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO ORDINANCE 26, 2000, SAME BEING THE BUDGET ORDINANCE OF THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, INCLUSIVE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2000/2001 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2000/2001 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Items and amounts listed in the Attached Exhibit "1" are hereby amended as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2000, through September 30, 2001, inclusive. The revised expenditure totals are set forth in Exhibit "2" attached hereto; the revised revenue estimates are set forth in Exhibit "3" attached hereto. SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF -92001. , 2001. 2001. ORDINANCE 5, 2001 PAGE 2 OF 2 JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR ATTEST: • DAVID CLARK, COUNCIL MEMBER LAUREN FURTADO, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CAROL GOLD, MMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN GOLINCIL MEMBER CLARK - COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO __ 1 7-j Exhibit 1 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 0100 - 511.3710 Seminar and conference 2,400 (300) 2,100 01- 0100 - 511.4010 Travel 2,400 (2,000) 400 01- 0100 - 511.5910 Contingency 50,000 (25,000) 25,000 01- 0200 - 512.1210 Salaries and wages 431,562 39,000 470,562 01 -0200- 512.1550 Sick leave pay 3,500 (2,900) 600 01- 0200 - 512.1560 Car Allowance 0 4,400 4,400 01- 0200 - 512.2110 FICA 33,764 (2,000) 31,764 01- 0200 - 512.2210 Retirement contributions 44,311 (14,000) 30,311 - 01 -0200- 512.2310 Health and life insurance -- _ - 44,104- 01 -0200- 512.3150 Professional services - other 55,500 68,060 123,560 01- 0200 - 512.3710 Seminar and conference 1,970 (870) 1,100 01- 0200 - 512.3810 Training and education 11,600 (11,000) 600 01 -0200- 512.4010 Travel 8,650 (2,100) 6,550 01- 0200 - 512.4110 Telephone 4,800 8,400 13,200 01- 0200 - 512.4310 Water and sewer 4,000 (4,000) 0 01- 0200 - 512.4320 Electricity 12,000 30,000 42,000 01- 0200 - 512.4420 Equipment rental 11,000 1,800 12,800 01- 0200 - 512.4630 Office machine repair 4,000 10,000 14,000 01- 0200 - 512.4910 Legal Advertising 12,800 2,000 14,800 01- 0200 - 512.5200 Materials and supplies 23,000 (10,000) 13,000 01- 0200 - 512.5420 Memberships and dues 2,805 (790) 2,015 01- 0210 - 512.3710 Seminar and conference 475 (475) 0 01- 0210 - 512.3810 Training and education 800 (400) 400 01- 0210 - 512.4010 Travel 985 (985) 0 01- 0210 - 512.4710 Printing and binding 24,750 (5,500) 19,250 01- 0210 - 512.4800 Community promotion 18,300 (3,300) 15,000 01- 0210 - 512.5200 Materials and supplies 12,775 (4,000) 8,775 01 -0220- 512.1210 Salaries and wages 178,057 (9,800) 168,257 01- 0220 - 512.2110 FICA 13,927 (750) 13,177 01- 0220 - 512.2210 Retirement contributions 13,445 (784) 12,661 01 -0220- 512.2310 Health and life insurance 20,869 (6,800) 14,069 01 -0220- 512.3150 Professional services - other 104,177 (34,500) 69,677 01- 0220 - 512.3810 Training and education 13,500 (1;500)- - -- -- =:4 000 01 -0220- 512.4010 Travel 5,000 (2,000) 3,000 01- 0220 - 512.4110 Telephone 17,400 (10,200) 7,200 01- 0220 - 512.5200 Materials and supplies 25,550 (1,000) 24,550 01- 0220 - 512.5410 Books and subscriptions 1,655 (500) 1,155 01- 0220 - 512.5420 Memberships and dues 70 30 100 01- 0220 - 512.6430 Office equipment 90,350 (38,300) 52,050 01- 0300 - 513.1210 Salaries and wages 215,519 3,500 219,019 01- 0300 - 513.1310 Part Time Salaries 3,200 (3,200) 0 01- 0300 - 513.2110 FICA 16,809 23 16,832 01- 0300 - 513.2210 Retirement contributions 17,242 280 17,522 01- 0300 - 513.2310 Health and life insurance 28,783 (2,000) 26,783 01 -0300- 513.3150 Professional services - other 23,910 (3,300) 20,610 01- 0300 - 513.3160 Professional services - legal 75,000 (25,000) 50,000 01 -0300- 513.3710 Seminar and conference 625 (450) 175 01- 0300 - 513.3810 Training and education 26,299 (13,000) 13,299 Exhibit 1 0 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 0300 - 513.3820 Tuition Reimbursement 6,900 (6,000) 01- 0300 - 513.4010 Travel 3,850 (2,855) 01- 0300 - 513.4110 Telephone 2,400 6,900 01- 0300 - 513.4310 Water and sewer 1,200 (1,200) 01- 0300 - 513.4320 Electricity 3,000 11,000 01- 0300 - 513.4710 Printing and.binding 6,450 (1,600) 01 -0300- 513.4800 Community promotion 20,950 (3,550) 01- 0300 - 513.4910 Advertising 1,000 17,200 - • --.01- 0300 - 5434200 - =Materials and supplies _._ _ _ 4,280 --- _ (3,480) 01 -0300- 513.5410 Books and subscriptions 1,170 (180) 01 -0600- 513.1210 Salaries and wages 280,832 (11,000) 01 -0600- 513.1550 Sick leave pay 8,000 (1,000) 01- 0600 - 513.2110 FICA 22,708 (842) 01 -0600- 513.2210 Retirement contributions 23,442 (880) 01 -0600- 513.2310 Health and life insurance 38,719 (11,500) 01 -0600- 513.3150 Professional services - other 101,750 18,000 01 -0600- 513.3710 Seminar and conference 935 (635) 01- 0600 - 513.3810 Training and education 1,200 (800) 01- 0600 - 513.4010 Travel 3,770 (2,480) 01- 0600 - 513.4110 Telephone 2,400 (1,800) 01 -0600- 513.4310 01 -0600- 513.4320 Water and sewer Electricity 1,200 5,000 (1,200) 9,000 01- 0600 - 513.4710 Printing and binding 5,500 (1,000) 01- 0600 - 513.4910 Advertising 800 (800) 01- 0600 - 513.5200 Materials and supplies 4,800 (1,900) 01 -0900- 519.2330 Disability insurance 13,000 (1,000) 01- 0900 - 519.4330 Tipping fees 28,000 2,300 01- 0900 - 519.4500 Insurance 280,000 10,000 01 -0900- 519.4800 Community promotion 4,000 (3,000) 01- 0900 - 519.7110 Debt service principal 682,000 (13,247) 01- 0900 - 519.7210 Debt service interest 800,306 17,234 01- 1000 - 521.1210 Salaries and wages 959,032 106,900 -- 01- 1000 - 521 -4•550 Sick leave pay 6,500 (2,500) 01- 1000 - 521.2110 FICA 18,336 8,178 01- 1000 - 521.3150 Professional services - other 30,600 7,500 01- 1000 - 521.3810 Training and education 4,000 (2,000) 01- 1000 - 521.4110 Telephone 80,559 17,000 01- 1000 - 521.4310 Water and sewer 7,800 16,200 01- 1000 - 521.4420 Equipment rental 32,070 (4,000) 01- 1000 - 521.4430 Building rental 1,250 (1,000) 01- 1000 - 521.4800 Community promotion 800 (300) 01- 1000 - 521.5200 Materials and supplies 24,703 (1,550) 01- 1000 - 521.5410 Books and subscriptions 2,635 (260) 01- 1000 - 521.9101 Operating Transfer 0 4,000 01- 1030 - 521.1210 Salaries and wages 3,097,862 (230,520) 01- 1030 - 521.1520 Clothing 67,650 (7,360) 01- 1030 - 521.1550 Sick leave pay 12,800 800 01- 1030 - 521.2110 FICA 272,696 (18,198) 900 995 9,300 0 14,000 4,850 17,400 18,200 -- 990 269,832 7,000 21,866 22,562 27,219 119,750 300 400 1,290 600 0 14,000 4,500 0 2,900 12,000 30,300 290,000 1,000 668,753 817,540 1,065,932 4,000 26,514 38,100 2,000 97,559 24,000 28,070 250 500 23,153 2,375 4,000 2,867,342 60,290 13,600 254,498 Exhibit 1 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 1030 - 521.2310 Health and life insurance 405,619, (58,000) 347,619 01- 1030 - 521.3150 Professional services - other 6,390 (4,000) 2,390 01- 1030 - 521.4420 Equipment rental 12,000 (6,000) 6,000 01- 1030 - 521.4710 Printing and binding 11,249 (1,050) 10,199 01- 1030 - 521.4960 Police reserves 5,637 (2,775) 2,862 01- 1030 - 521.5200 Materials and supplies 25,569 (5,795) 19,774 01- 1030 - 521.5294 Uniforms and leather goods 20,863 (698) 20,165 01- 1040 - 521.1550 Sick leave pay 3,000 800 3,800 °- 01- 1040 - 521.4010 Travel - - 500 -- - - =- {5011)-- , - - - -- - - -0 01- 1040 - 521.5200 Materials and supplies 9,195 (780) 8,415 01- 1040 - 521.6400 Equipment 16,400 (6,100) 10,300 01- 1070 - 521.1550 Sick leave pay 1,000 (100) 900 01- 1070 - 521.2310 Health and life insurance 48,579 (3,000) 45,579 01- 1070 - 521.3150 Professional services - other 4,500 (1,000) 3,500 01- 1070 - 521.4600 Repair and maintenance 7,073 (750) 6,323 01- 1070 - 521.6400 Equipment 1,000 (1,000) 0 01- 1080 - 521.1210 Salaries and wages 157,420. 12,000 169,420 01- 1080 - 521.1550 Sick leave pay 1,500 800 2,300 01- 1080 - 521.2110 FICA 14,071 918 14,989 01- 1080 - 521.4110 Telephone 1,200 600 1,800 01 -1080- 521.4710 01- 1080 - 521.4910 Printing and binding Advertising 5,450 7,640 (1,000) (7,640) 4,450 0 01- 1080 - 521.5200 Materials and supplies 18,545 (1,300) 17,245 01- 1080 - 521.6400 Equipment 0 1,300 1,300 01- 1200 - 522.1550 Sick leave pay 3,000 5,200 8,200 01- 1200 - 522.3150 Professional services - other 140,570 (21,000) 119,570 01- 1200 - 522.3710 Seminar and conference 840 (840) 0 01- 1200 - 522.3810 Training and education 1,000 (500) 500 01- 1200 - 522.3820 Tuition Reimbursement 2,700 (2,700) 0 01- 1200 - 522.4010 Travel 2,280 (2,280) 0 01- 1200 - 522.4110 Telephone 17,500 5,000 22,500 01- 1200 - 522.4310 Water and sewer 6,200 5,800 12,000 01- 1200 - 522.4710 Printing and binding 1,000 - (500) -500 01- 1200 - 522.4910 Advertising 800 (800) 0 01- 1200 - 522.6210 Capital outlay 1,500,000 (900,000) 600,000 01- 1200 - 522.8110 Aid to private organizations 10,000 (5,000) 5,000 01- 1220 - 522.1210 Salaries and wages 150,124 (14,854) 135,270 01- 1220 - 522.1510 Incentive 18,920 (1,000) 17,920 01- 1220 - 522.1520 Clothing 2,100 (200) 1,900 01- 1220 - 522.1550 Sick leave pay 2,000 (1,100) 900 01 -1220- 522.2110 FICA 14,064 (1,228) 12,836 01- 1220 - 522.4110 Telephone 0 1,800 1,800 01- 1220 - 522.4800 Community promotion 5,500 (4,000) 1,500 01- 1220 - 522.5200 Investigative tools 3,550 (500) 3,050 01- 1230 - 522.1410 Overtime 182,000 (20,000) 162,000 01 -1230- 522.1550 01- 1230 - 522.2110 Sick leave pay FICA 8,500 180,799 (7,900) (1,913) 600 178,886 01- 1230 - 522.2310 Health and life insurance 295,225 (24,000) 271,225 Exhibit 1 0 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 1230- 522.3810 01- 1230- 522.4010 01- 1230 - 522.4110 01- 1230 - 522.5200 01- 1230- 522.5294 01- 1230 - 522.6400 01- 1240 - 526.1210 01- 1240- 526.1410 ..01-.1240.=526..1:5'10 01- 1240- 526.1520 01- 1240 - 526.1550 01 -1240- 526.2110 01- 1240 - 526.2310 01- 1240- 526.4800 01- 1240- 526.6400 01- 1400 - 515.1210 01- 1400 - 515.2110 01- 1400- 515.2210 01- 1400 - 515.2310 01- 1400- 515.3810 01- 1400 - 515.4110 01- 1400- 515.4310 01- 1400- 515.4320 01- 1400- 515.4910 01- 1420 - 515.1210 01- 1420 - 515.1410 01- 1420- 515.1550 01- 1420- 515.2110 01- 1420 - 515.2210 01- 1420 - 515.2310 01- 1420 - 515.3150 01- 1420 - 515.3710 01- 1420- 515.4010 01- 1430 - 515.1310 01- 1430- 515.1550 01- 1430- 515.2110 01- 1430- 515.2310 01- 1430 - 515.3150 01- 1430- 515.3810 01- 1430 - 515.3820 01- 1430 - 515.4110 01- 1430- 515.4710 01- 1430- 515.5410 01 -1440- 524.1550 01- 1440 - 524.3810 01- 1440 - 524.4010 01- 1440- 524.4110 01- 1440 - 524.5410 Training and education Travel Telephone Materials and supplies Uniforms and leather goods Equipment Salaries and wages Overtime Incentive Clothing Sick leave pay FICA Health and life insurance Community promotion Equipment Salaries and wages FICA Retirement contributions Health and life insurance Training and education Telephone Water and sewer Electricity Advertising Salaries and wages Overtime Sick leave pay FICA Retirement contributions Health and life insurance Professional services - other Seminar and conference Travel_.. - Part time salaries Sick leave pay FICA Health and life insurance Professional services - other Training and education Tuition reimbursement Telephone Printing and binding Books and subscriptions Sick leave pay Training and education Travel Telephone Books and subscriptions 13,500 3,662 800 84,674 59,710 4,500 1,242,969 114,000 175,262 20,100 2,500 120,482 172,212 2,660 2,400 106,767 8,229 8,542 10,116 600 4,800 4,000 10,000 4,160 404,299 5,000 2,500 31,806 32,639 40,433 32,500 1,600 4,470 0 500 9,737 15,214 5,295 2,000 600 600 2,170 275 5,000 6,100 3,600 3,840 1,375 (6,000) (1,152) (800) (25,452) (10,000) 16,300 (150,000) (25,000) (18,000) (2,220) (2,500) (14,552) (27,000) (1,500) (600) (20,000) (1,530) (1,600) (1,500) (600) (2,400) (4,000) 60,000 (4,160) (21,428) 15,000 (1,700) (492) (1,714) (8,500) 290,000 (1,200) (3,370) 14,000 (500) 1,071 (1,000) 2,500 (600) (600) 120 (300) (275) 1,000 (1,500) (800) 2,700 (660) 7,500 2,510 0 59,222 49,710 20,800 1,092,969 89,000 157,262 17,880 0 105,930 145,212 1,160 1,800 86,767 6,699 6,942 8,616 0 2,400 0 70,000 0 382,871 20,000 800 31,314 30,925 31,933 322,500 400 1,100 14,000 0 10,808 14,214 7,795 1,400 0 720 1,870 0 6,000 4,600 2,800 6,540 715 Exhibit 1 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 1440 - 524.5420 Memberships and dues 550 (250) 300 01- 1450 - 515.1210 Salaries and wages 130,417 (130,417) 0 01- 1450 - 515.2110 FICA 9,977 (9,977) 0 01- 1450 - 515.2210 Retirement contributions 10,433 (10,433) 0 01- 1450 - 515.2310 Health and life insurance 8,883 (8,883) 0 01- 1450 - 515.3120 Backgrounds and drug screens 200 (200) 0 01- 1450 - 515.3150 Professional services - other 300,000 125,000 425,000 01- 1450 - 515.3710 Seminar and conference 600 (600) 0 - -- 01-14,50-515.4010.-- Travel- _ 1,200 = (1,200)_ 01- 1450 - 515.4110 Telephone 2,400 (2,400) 0 01- 1450 - 515.4710 Printing and binding 800 (800) 0 01 -1450- 515.5110 Office supplies 500 (500) 0 01- 1450 - 515.5210 Materials and supplies 8,000 (8,000) 0 01- 1450 - 515.5410 Books and subscriptions 300 (300) 0 01- 1450 - 515.5420 Memberships and dues 400 (400) 0 01- 1450 - 515.9130 Transfer to Fleet Fund 23,785 (23,785) 0 01- 2000 - 572.1550 Sick leave pay 1,750 3,500 5,250 01- 2000 - 572.2310 Health and life insurance 19,423 (1,000) 18,423 01- 2000 - 572.3710 Seminar and conference 550 100 650 01- 2000 - 572.4010 Travel 3,620 (1,025) 2,595 01- 2000 - 572.4110 01- 2000 - 572.4210 Telephone Postage and freight 17,740 11,000 6,000 (1,000) 23,740 10,000 01- 2000 - 572.4310 Water and sewer 19,000 5,000 24,000 01- 2000 - 572.4320 Electricity 220,000 25,000 245,000 01- 2000 - 572.4710 Printing and binding 28,700 (1,000) 27,700 01- 2000 - 572.4910 Advertising 5,800 (5,800) 0 01- 2000 - 572.5200 Materials and supplies 3,910 (530) 3,380 01- 2000 - 572.5410 Books and subscriptions 110 (110) 0 01- 2020 - 572.2310 Health and life insurance 2,726 1,200 3,926 01- 2020 - 572.5200 Materials and supplies 11,500 (2,000) 9,500 01- 2020 - 572.5410 Books and subscriptions 100, (100) 0 01- 2020 - 572.6400 Equipment 800 1,700 2,500 01- 2030- 572.1550 Sick leave pay 1,000 (1,000} _ -_ -0 01- 2030 - 572.5200 Materials and supplies 4,200 (1,750) 2,450 01- 2030 - 572.5410 Books and subscriptions 75 (75) 0 01- 2040 - 572.1210 Salaries and wages 195,723 (29,039) 166,684 01- 2040 - 572.1550 Sick leave pay 1,500 (1,500) 0 01- 2040 - 572.2110 FICA 21,382 (2,221) 19,161 01- 2040 - 572.2210 Retirement contributions 16,211 (2,323) 13,888 01- 2040 - 572.3150 Professional services - other 2,300 (2,300) 0 01- 2040 - 572.3710 Seminar and conference 600 (300) 300 01- 2040 - 572.4010 Travel 755 (315) 440 01- 2040 - 572.4710 Printing and binding 1,800 (200) 1,600 01- 2040 - 572.4910 Advertising 1,500 (1,500) 0 01- 2040 - 572.5200 Materials and supplies 8,300 (1,500) 6,800 01- 2040 - 572.6400 Equipment 1,200 (1,200) 0 01- 2080 - 519.1210 Salaries and wages 641,595 (65,000) 576,595 01- 2080 - 519.1550 Sick leave pay 1,100 200 1,300 Exhibit 1 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 2080 - 519.2110 FICA 60,656 (4,973) 55,683 01- 2080 - 519.2210 Retirement contributions 48,823 (5,200) 43,623 01- 2080 - 519.2310 Health and life insurance 101,472 (17,000) 84,472 01- 2080 - 519.3400 Contractual services 9,264 14,000 23,264 01- 2080 - 519.3710 Seminar and conference 250 25 275 01- 2080 - 519.3810 Training and education 500 (200) 300 01- 2080 - 519.5200 Materials and supplies 87,675 (1,400) 86,275 01- 2080 - 519.5420 Memberships and dues 210 (125) 85 -01- 2080 - 519.6300 - Land- andamprovements - -- -- _ __ -__. _ 362,500 (24,500) 338,000_ 01- 2080 - 519.6400 Equipment 0 1,400 1,400 01- 3000 - 539.1210 Salaries and wages 291,477 (50,000) 241,477 01- 3000 - 539.1550 Sick leave pay 4,000 (4,000) 0 01- 3000 - 539.1560 Car allowance 3,600 (3,600) 0 01- 3000 - 539.2110 FICA 23,905 (4,100) 19,805 01- 3000 - 539.2210 Retirement contributions 24,039 (4,288) 19,751 01- 3000 - 539.2310 Health and life insurance 41,697 (11,000) 30,697 01- 3000 - 539.4010 Travel 820 1,500 2,320 01- 3000 - 539.4310 Water and sewer 15,000 (3,000) 12,000 01- 3000 - 539.4320 Electricity 25,000 3,000 28,000 01- 3000 - 539.4600 Repair and maintenance 3,722 (1,500) 2,222 01- 3000 - 539.4710 01- 3000 - 539.4910 Printing and binding Advertising 1,500 2,200 (200) (2,200) 1,300 0 01- 3030 - 539.1210 Salaries and wages 313,898 (81,000) 232,898 01- 3030 - 539.1550 Sick leave pay 500 (500) 0 01- 3030 - 539.2110 FICA 24,982 (6,197) 18,785 01- 3030 - 539.2210 Retirement contributions 25,534 (6,480) 19,054 01- 3030 - 539.2310 Health and life insurance 57,932 (10,000) 47,932 01- 3030 - 539.3150 Professional services - other 11,080 16,800 27,880 01- 3030 - 539.3820 Tuition reimbursement 500 (500) 0 01- 3030 - 539.4600 Repair and maintenance 41,000 (2,000) 39,000 01- 3030 - 539.5200 Materials and supplies 25,200 (1,000) 24,200 01- 3030 - 539.6400 Equipment 4,000 (3,200) 800 01- 3040 - 541.1210 Salaries and wages g- 217,175 (34,000) 183,175 01- 3040 - 541.1550 Sick leave pay 1,000 (1,000) 0 01- 3040 - 541.2110 FICA 18,240 (2,601) 15,639 01- 3040 - 541.2210 Retirement contributions 18,828 (2,720) 16,108 01- 3040 - 541.2310 Health and life insurance 38,730 (8,000) 30,730 01- 3040 - 541.4420 Equipment rental 2,500 2,500 5,000 01- 3040 - 541.5200 Materials and supplies 18,650 (3,500) 15,150 01- 3040 - 541.6300 Land and improvements 150,000 (20,000) 130,000 01- 3050 - 541.1210 Salaries and wages 276,924 (67,000) 209,924 01- 3050 - 541.1550 Sick leave pay 3,000 (3,000) 0 01- 3050 - 541.2110 FICA 22,836 (5,126) 17,710 01- 3050 - 541.2210 Retirement contributions 21,747 (5,360) 16,387 01- 3050 - 541.2310 Health and life insurance 35,060 (2,000) 33,060 01- 3050 - 541.3150 Professional services - other 146,000 (35,000) 111,000 01- 3050 - 541.4110 Telephone 2,600 1,000 3,600 01- 3050 - 541.6300 Land and improvements 50,000 (40,000) 10,000 Exhibit 1 • Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 3060 - 541.1210 Salaries and wages 179,367 35,000 214,367 01- 3060 - 541.1550 Sick leave pay 1,000 (1,000) 0 01- 3060 - 541.2110 FICA 14,226 3,700 17,926 01- 3060 - 541.2210 Retirement contributions 13,909 1,000 14,909 01- 3060 - 541.2310 Health and life insurance 32,846 8,000 40,846 01- 3060 - 541.4110 Telephone 1,068 200 1,268 01- 3060 - 541.5200 Materials and supplies 3,450 (850) 2,600 01- 3060 - 541.6400 Equipment 0 850 850 Total General- Fund.Expenditure. revision. _. (1,754,313) 12- 1000 - 521.6300 Land and improvements 0 143,000 143,000 Total Police Impact Fund Expenditure revision 143,000 17- 1400 - 515.6300 Land and improvements 350,000 300,000 650,000 Total Art Impact Fund Expenditure revision 300,000 101 - 1000 - 521.3150 Professional services -other 0 10,000 10,000 101 - 1000 - 521.4110 Telephone 0 10,000 10,000 101 - 1000 - 521.5200 Materials and supplies 0 4,200 4,200 101 - 1000 - 521.6400 Equipment 0 19,800 19,800 Total Police Grant Fund Expenditure revision 44,000 • City of Palm Beach Gardens Expenditure Summary by Fund Original Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 General Fund City Council Department $137,256 ($27,300) $109,956 Administration Department Administrative Services 1,088,413 108,000 1,196,413 Resident Services 154,109 (14,660) 139,449 Information Systems 493,600 (106,104) 387,496 Total Administration Department 1,736,122 (12,764) 1,723,358 Human Resources Department = "" =-468,879--s - -' (26,912) - 441,967 Finance Department 515,147 (8,837) 506,310 General Services Department 3,222,356 12,287 3,234,643 Police Department Administration 1,761,055 148,168 1,909,223 Road Patrol 5,407,295 (333,596) 5,073,699 Traffic 1,039,143 (6,580) 1,032,563 Detective 703,248 (5,850) 697,398 Professional Standards and Training 340,083 5,678 345,761 Total Police Department 9,250,824 (192,180) 9,058,644 Fire Department Administration 2,289,582 (917,620) 1,371,962 Life Safety Services 320,833 (21,082) 299,751 Fire Suppression 3,653,568 (80,917) 3,572,651 EMS 2,340,152 (241,372) 2,098,780 Total Fire Department 8,604,135 (1,260,991) 7,343,144 Growth Management Department Administration 174,207 24,210 198,417 Planning and Zoning 588,646 266,596 855,242 Code Enforcement 217,740 14,416 232,156 Building 517,722 490 518,212 Engineering 499,661 (72,895) 426,766 Total Growth Management Department 1,997,976 232,817 2,230,793 Parks and Recreation Department Administration 550,187 29,135 579,322 Aquatics 139,668 800 140,468 Athletics 188,239 (2,825) 185,414 Programs 382,297 (42,398) 339,899 Grounds and Facilities 2,111,064 (102,773) 2,008,291 Total Parks and Recreation Department 3,371,455 (118,061) 3,253,394 Exhibit 2 • • • City of Palm Beach Gardens Expenditure Summary by Fund Exhibit 2 Original Revised Budget Revisions Budget 2000/2001 2000/2001 2000/2001 Public Works Department Administration 559,928 (79,388) 480,540 Facilities Maintenance 573,936 (94,077) 479,859 Canal 983,589 (69,321) 914,268 Swale Maintenance 1,011,921 46,900 1,058,821 Mowing and Landscaping 707,340 (156,486) 550,854 Total Public Works 3,836,714 (352,372) 3,484,342 General Fund $33,140,864 ($1,754,313) $31,386,551 Interfund Transfers 1,292,792 0 1,292,792 Total General Fund $31,848,072 ($1,754,313) $30,093,759 Golf Course Fund Pro shop $ 1,326,405 0 1,326,405 Restaurant 124,200 0 124,200 Maintenance 456,135 0 456,135 Total Golf Course Fund $ 1,906,740 $ - $ 1,906,740 Fleet Management Fund 1,364,718 0 1,364,718 Gas Tax Fund 690,000 0 690,000 Recreation Programs 1,163,393 0 1,163,393 Police Training Fund 16,048 0 16,048 Recreation Impact Fund 925,000 0 925,000 Police Impact Fund 212,220 143,000 355,220 Fire Impact Fund 394,400 0 394,400 Art Impact Fund 350,000 300,000 650,000 2000 Capital Projects Fund 1,205,000 0 1,205,000 Police Grant Fund 0 44,000 44,000 Total All Funds 41,368,383 (1,267,313) 40,101,070 Interfund Transfers 1,713,977 4,000 1,717,977 Total Less Interfund Transfers 39,654,406 (1,271,313) 38,383,093 Exhibit 2 11 • City of Palm Beach Gardens Revenue Detail by Fund Intergovernmental 01- 334.9000 Federal /State Grants Original Revised 900,000 01- 334.9010 Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 General Fund (200,000) 262,500 01- 335.1100 Taxes 77,000 (77,000) 0 01- 311.1000 General Obligation $ 1,486,293 $ 1,486,293 01- 311.2000 General Operating Revenue 17,006,000 17,006,000 01- 313.1000 Electricity Franchise 2,600,000 2,600,000 01- 313.2000 Telephone Franchise 98,000 98,000 01- 313.5000 Cable TV Franchise 275,000 275,000 01- 313.6000 Solid Waste Franchise 50,000 50,000 Total Taxes 01- 337.9000 21,515,293 0 21,515,293 Licenses and Permits 300,000 01- 338.2000 01- 321.0000 Professional & Occupational 975,000 975,000 01- 322.0000 Building Permits 1,000,000 1,000,000 Total Licenses and Permits 1,975,000 0 1,975,000 Intergovernmental 01- 334.9000 Federal /State Grants 900,000 900,000 01- 334.9010 Police Grants 59,280 134,720 194,000 01- 334.9020 Recreation Grants 262,500 (200,000) 262,500 01- 335.1100 Cigarette Tax 77,000 (77,000) 0 01- 335.1200 State Revenue Sharing 600,000 100,000 700,000 01- 335.1400 Mobile Home Licenses 17,000 17,000 01= 335.1500 Alcoholic Beverage Licenses 25,000 25,000 01- 335.1800 Half Cent Sales Tax 2,550,000 2,550,000 01- 335.6500 Other state shared revenue 25,000 25,000 01- 337.9000 Grants from other local units 0 300,000 300,000 01- 338.2000 County Occupational Licenses 82,000 300,000 82,000 Total Intergovernmental 4,597,780 457,720 5,055,500 Charges for Services 01- 342.2100 Fire Inspection Fees 160,000 160,000 01- 342.6000 EMS Transport Fees 715,000 715,000 01- 342.8000 Engineering Fees 200,000 (200,000) 0 01- 342.9000 Police Training Fees 10,000 (10,000) 0 01- 347.2400 Swimming Pool Fees 13,000 13,000 01- 347.2600 Tennis Fees 45,000 45,000 01- 347.2700 Interim Service Fees 9,000 9,000 01- 347.2800 Application Filing Fees 235,000 235,000 01- 349.1000 Parkway Tree Sales 4,000 4,000 Total Charges for Services 1,391,000 (210,000) 1,181,000 01- 351.1000 Court Fines 300,000 300,000 01- 351.1020 Parking Fines 8,000 8,000 01- 351.1030 Code Enforcement Fines 2,000 2,000 Total Fines and Forfeitures 310,000 0 310,000 Exhibit 3 City of Palm Beach Gardens Revenue Detail by Fund Exhibit 3 Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 01- 361.0000 Interest 550,000 550,000 01- 361.1000 Interest on Property Taxes 32,000 32,000 Total Interest 582,000 0 582,000 Miscellaneous 01- 369.0000 Other Miscellaneous Revenue 150,000 150,000 Transfers 01- 383.0000 Transfer In 256,225 256,225 Appropriated Fund Balance = -- - - - 01- 389.0000 Appropriated Fund Balance 2,363,566 2,363,566 Total Appropriated Fund Balance 2,363,566 0 2,363,566 Total General Fund $ 33,140,864 $ ' 247,720 $ :33,388,584 Golf Course Fund Charges for Services 09- 347.5010 Greens Fees $ 723,200 $ 723,200 09- 347.5020 Cart Fees 570,600 570,600 09- 347.5030 Driving Range 35,000 35,000 09- 347.5050 Pro Shop Sales 85,800 85,800 .09- 347.5070 Prepaid Permits 126,400 126,400 09- 347.5080 Food Sales 108,900 108,900 09- 347.5090 Beverage Sales 71,900 71,900 Total Charges for Services 1,721,800 - 1,721,800 09- 361.0000 Interest 78,000 78,000 09- 369.0000 Miscellaneous Golf Revenue 10,000 10,000 09- 383.0000 Transfer In 150,000 150,000 Total Golf Course $ 1,959,800 $ - $ 1,959,800 Gas Tax Fund 16- 312.3000 Local Option Gas Tax $ 590,000 $ 590,000 16- 331.9000 FEMA Grant - - 16- 361.0000 Interest 10,000 10,000 16- 383.1000 Loan Proceeds - - 16- 389.0000 Appropriated Fund Balance 90,000 90,000 Total Gas Tax Fund $ 690,000 $ - $ 690,000 Recreational Programs Fund 14- 348.1001 Programs $ 426,400 $ 426,400 14- 348.1201 Sports 194,100 194,100 14- 348.1401 Aquatics 43,500 43,500 14- 348.1501 Special Interest 450,800 450,800 14- 348.1601 Special Events 47,400 47,400 Total Charges for Services 1,162,200 - 1,162,200 14- 361.0000 Interest 13,000 13,000 14- 369.0000 Miscellaneous Revenue - - - Total Recreational Programs Fund $ 1,175,200 $ - $ 1,175,200 Fleet Management Fund 31- 361.0000 Interest $ 20,000 $ 20,000 31- 381.0000 Transfers 1,307,752 1,307,752 31- 389.0000 Appropriated Fund Balance 36,966 36,966 Total Fleet Management Fund $ 1,364,718 $ - $ 1,364,718 Exhibit 3 L City of Palm Beach Gardens Revenue Detail by Fund Recreation Impact Fund Exhibit 3 03- 361.0000 Interest Original Revised Budget Revisions Budget Account Title 2000/2001 2000/2001 2000/2001 Police Training Fund 200,000 02- 361.0000 Interest $ 600 $ 600 02- 351.1000 Fines and Forfeitures 15,000 15,000 02- 389.0000 Appropriated Fund Balance 448 448 Total Police Training Fund $ 16,048 $ - $ 16,048 Recreation Impact Fund Exhibit 3 03- 361.0000 Interest $ 25,000 $ 25,000 03- 369.3200 Impact Fees 200,000 200,000 03- 389.0000 Appropriated Fund Balance 700,000 700,000 Total Recreation Impact Fund $ 925,000 $ - $ -- 925,000-` -- Police Impact Fund 12- 361.0000 Interest $ 5,000 5,000 12- 369.3200 Impact Fees 100,000 100,000 12- 389.0000 Appropriated Fund Balance 107,220 143,000 250,220 Total Police Impact Fund $ 212,220 $ 143,000 $ 355,220 Fire Impact Fund 13- 361.0000 Interest $ 15,000 $ 15,000 13- 369.3200 Impact Fees 15,000 15,000 .13- 389.0000 Appropriated Fund Balance 364,400 364,400 Total Fire Impact Fund $ 394,400 $ - $ 394,400 Ant Impact Fund 17- 361.0000 Interest $ 12,000 12,000 17- 369.3700 Impact Fees 100,000 100,000 17- 389.0000 Appropriated Fund Balance 238,000 300,000 538,000 Total Art Impact Fund $ 350,000 $ 300,000 $ 650,000 2000 Capital Projects Fund 24- 361.0000 Interest $ 5,000 $ 5,000 24- 384.0000 Bond Proceeds - - 24- 389.0000 Appropriated Fund Balance 1,205,000 1,205,000 Total 1999 Capital Projects Fund $ 1,210,000 $ - $ 1,210,000 Police Grant Fund 101 - 334.9010 $ - $ 40,000 $ 40,000 -- 101 - 381.0000 4,000 4,000 -- Total Police Grant Fund $ - $ 44,000 $ 44,000 Total All Funds $ 41,438,250 $ 734,720 $ 42,172,970 Interfund Transfers 1,713,977 4,000 1,717,977 Total less Interfund Transfers $ 39,724,273 $ 730,720 $ 40,454,993 C • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 SUBJECT /AGENDA ITEM Workshop /First Reading: Ordinance 6, 2001, a request to re -zone an .8 acre parcel from CG -1 General Commercial to underlying zoning of CG -1 General Commercial with Planned Unit Development (PUD) overlay. The subject site is located at the southeast corner of Prosperity Farms Road and PGA Boulevard (7- 42S -43E). RECOMMENDATION Staff recommends approval of Ordinance 6, 2001, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne Gr h Management [ ] Approved Finance NA $ [ ] Approved w/ ACM / Current FY conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Ordinance 6, 2001 • Legal Description • Site Plan, La' n-" [X] Not Required Plans, Arch. Elevations Submitted by: Growth Managem t Affected parties Budget Acct. #:: Director ( tified [ ] None Approved by City Man ge (X] Not required 1 • City Council Meeting Date: February 26, 2001 Date Prepared: March 15, 2001 Petition PUD -00 -05 REQUEST Bob Basehart, agent for Marathon Ashland Petroleum, L.L.C., is requesting a rezoning to CG -1 General Commercial with a Planned Unit Development (PUD) overlay zoning from the existing CG -1 General Commercial zoning for the redevelopment of a convenience store with gasoline service station. The site is located at the southeast corner of PGA Boulevard and Prosperity Farms Road. The .8 acre site will contain a = 2,339 square foot convenience store with a twelve -pump gasoline service station. The existing 2,177 square foot building, canopy and pump stations will be demolished as part of this redevelopment. (7- 42S -43E) BACKGROUND A. History A building. permit was issued for a "Sinclair' service station building on this site on February 2, 1968. This is the existing building today. This site received a site plan approval in 1981 when the service bays were converted into a convenience store. The use has not received any zoning action since that time. The site has only been affected by takings associated with intersection widening at PGA Boulevard and Prosperity Farms Road. B. Land Use and Zoning The subject site is currently zoned General Commercial (CG -1). The petitioner is proposing a General Commercial (CG -1) zoning with Planned Unit Development overlay zoning. The Comprehensive Plan and Land Development Regulations requires that all lands subject to the PGA Boulevard Corridor Overlay be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land - use designation of Commercial (C), and is listed as Commercial on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 below. Table 2 on page four (4) examines the consistency of the proposed project with the City Code and future land -use designation for the site. 2 • • City Council Meeting Date: February 26, 2001 Date Prepared : March 15, 2001 Petition PUD -00-05 Subject Property: I General Commercial (CG -1) I Commercial Speedway Service Station 1 North I General Commercial (CG -1) I Commercial Harbor Financial Center South Prosperity Centre Shopping Plaza West PGA Plaza East Prosperity Centre Shopping Plaza General Commercial (CG -1) Commercial Planned Unit Development Overlay Zoning General Commercial (CG -1) Commercial General Commercial (CG -1) Planned Unit Development Commercial Overlay Zoning PGA Boulevard Corridor Overlay This site is subject to the requirements of the PGA Boulevard Corridor Overlay. This is not a prohibited use as defined in Section 105 and Section 322 of the Land Development Regulations. The site is not subject to the 55 -foot setback, as defined in Section 105(d)(4). C. Concurrency The petitioner received concurrency certification on November 6, 2000. Concurrency has been certified with the condition that the petitioner shows all turning movement volumes at the project driveways to determine lane geometry and traffic operations at these locations. This information shall be provided to the City by a date certain to be determined. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on October 26, 2000. A listing of various departmental comments is attached. The applicant has submitted revised plans and other documents in response to DRC comments. 3 • • City Council Meeting Date: February 26, 2001 Date Prepared: March 15, 2001 Petition PUD -00-05 E. Procedure This is a request to rezone to Planned Unit Development. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission _considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for rezoning to Planned Unit Development, and makes a final determination of approval, approval with conditions, or denial. III. PROJECT DETAILS A. Site Location and Existing Conditions The existing site is a .8 acre parcel at the southeast corner of Prosperity Farms Road and PGA Boulevard. The site is surrounded on the east and south by the Prosperity Centre Shopping Plaza, to the north by the Harbour Financial Center and to the west by PGA Plaza Shopping Center. The existing convenience store building is 2,770 square feet in size. There are six gasoline - pumping stations on site with a total of twelve pumps (two per station). 4 • City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 B. Compliance with Land Development Regulations, Section 118 -211 5 •:t- ..r�s r�szu3n= . Site = General Commercial CG -1 Minimum Building Site Area = .8 acres No 1 acre Minimum Site Width 148 feet Yes 100 feet Maximum Building Lot 6.69% Yes Coverage= 35% Maximum Building Height = 23.1 feet Yes 36 feet Front Setback = 50 feet 26 feet No Side Setback = 6.5 feet No 15 feet Side Setback Facing a Street = 112 feet Yes 40 feet Rear Setback = 82 feet Yes 15 feet Minimum 1 acre 8 acres No Open space: 15% percent 30.84% Yes 5 • • City council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 C. Waiver Requests The petitioner is requesting waivers from the following code requirements: Code Section - Required Provided Waiver Staff Recommendation Section 87/88 — Minimum site size Minimum of 1 acre .8 acres .2 acres Support Minimum PUD size Section 95 (f) — parking areas (lighting) Maximum of 10 fc 80 fc 70fc Support (under canopy) Section 87 — Rear Setback 15 feet 6.5 feet 8.5 feet Support Section 105(12)(b) — PGA Corridor 12 foot multi -use Existing 5 No Support Overlay pathway foot pathway sidewalk Section 179 (h) - Entrances and Exits 100 foot stacking 32 feet 68 feet Support Minimum stacking distance distance Section 160(a) — Minimum Buffer 8 foot minimum 6.5 feet — 1.5' Support Required southern buffer Section 161(4)(a.2) — Foundation 5 foot wide None 5' Support plantings landscaped adjacent to vehicular areas Section 136(a) — Wall signs * One wall sign per Four walls 4 signs Support building signs, one canopy Sign Section 136(a) — Signs Permitted * 15 feet setback 10.36' 4.64' Deny from R -O -W. Section 87 — Front Setback * 50 feet 25.75' 1 24.25' Support oee explanation Deiow. Section 87 — Front Setback. Due to the height, length, and mass of the proposed canopy, it is staffs position that the requested waiver of 24.25 feet is excessive and It is staffs position that the Canopy is too close to the property line and the intent of the Code is not being upheld. Recommendation Staff recommends reducing the canopy length, or at a minimum, providing for further articulation along the canopy to reduce the mass. However, the petitioner has agreed to C City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 remove the proposed canopy sign from the west elevation and placing it on the building west elevation. Staff thereby supports this waiver request as they have reduced the intrusiveness of the west canopy design. Section 136(a) — (Ground) Signs Permitted It is staffs position is that the petitioner has chosen not to locate the ground sign in an area which meets all requirements of the code and for which no waivers would be required. — - Recommendation Staff recommends that the petitioner locate the proposed ground sign within a location along Prosperity Farms Road where it will meet all code requirements. Section 136(a) — (Wall) Signs Permitted It is staff's position that the petitioner has not reduced the number of wall signs to the maximum extent possible. Recommendation Staff recommends that the petitioner reduce the number of wall signs to a maximum of one sign for the east, north, and west elevations for purposes of traffic identification. Wall sign shall include lettering and logo. The canopy and building are to be considered one structure. The petitioner has complied with staffs request and thereby supports the proposed waiver request. D. Proposed Building The petitioner is proposing demolition of the existing 2,177 square foot building, canopy and pump islands, and the construction of a new 2,337 square foot building and attached canopy. The building and canopy will utilize a stucco drivit system and barrel the roof combination so that the architecture will be consistent with the surrounding development. The petitioner shall maintaira..six pump stations with twelve pumps total (two per station). Art in Public Places The petitioner has been informed of the Art in Public Places program. Should the cost of development exceed $1,000,000, the petitioner must provide for art in public places. E. Siqnaqe The petitioner is proposing six wall signs and one monument sign on site. The petitioner has requested waivers from the maximum number of wall signs allowed and the setback requirements for ground signs. Staff has recommended revising the proposed signage to VA • City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 further reduce waiver requests (See waiver section). F. Landscaping and Buffering Due to the age of the existing site, this use has minimal landscape buffering. The petitioner is proposing to bring the site into compliance with Code landscaping requirements for all but the southern boundary landscape buffer. The code requires an 8 -foot landscape buffer at this location. The - petitioner is proposing '6:5#eet of landscape buffer and requesting a waiver of 1.5 feet from this requirement. The petitioner has indicated that this waiver request is necessary to allow for sufficient circulation in front of the building. Staff has reviewed the request and has determined that the upgrading of landscaping buffers at all other locations justifies the 1.5 -foot landscape buffer waiver request. The Code requires1,125 points of landscaping, based on building square footage and open space percentages. The petitioner is providing for 1,879 points of landscaping. PGA Boulevard Overlay Corridor Requirements This site is subject to the PGA Corridor Overlay requirements set forth in the Comprehensive Plan and Section 105 of the LDRs. The petitioner has requested a waiver from the requirements of Section 105(12)(b) which requires a 12 foot wide multi- use pathway to be set a minimum of 10 feet from the curbing. The petitioner has indicated that the Florida Department of Transportation is planning an expansion of PGA Boulevard that will result in a taking of property along the northern boundary of the site. Due to these constraints, the petitioner has indicated that a meandering 12 -foot wide pathway would not allow for sufficient landscaping and berming. The petitioner has proposed landscaping and berming consistent with the requirements of the PGA Boulevard Corridor Overlay, with a 6 -foot wide existing sidewalk, located adjacent to the existing curb. Staff- has determined-_ hat- installation of the landscaping and berming consistent with Section 105 is sufficient justification to not provide the 12 -foot meandering pathway. This sidewalk shall be re- located to the curb of the expanded lane, once this construction is carried out. The petitioner has left landscaping out of the area proposed for the expansion of PGA Boulevard in the landscape plan, to avoid removal of landscaping at a future date. G. Parking The LDRs require one space per 200 square feet for convenience stores with gas sales. The petitioner is proposing a 2,337 square foot building, which equates to 12 spaces required. The petitioner has provided 12 spaces, one of which is handicapped. The • 8 City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 petitioner has also provided one bicycle parking space. The petitioner has also provided for one loading space, as required by the LDRs. H. Site Access and Circulation The existing site has several non- conforming drive aisles that intersect with both Prosperity Farms Road and PGA Boulevard. These drive aisles are non - conforming in that they exceed the maximum width allowed by the LDRs and do not provide for adequate stacking distances. The petiffoner is proposing one entrance off PGA Boulevard and one entrance off Prosperity - - Farms Road that meet code requirements. The petitioner shall also provide for internal access into the adjacent shopping center (Prosperity Centre) to the south of the site. This access is important to alleviate trips onto Prosperity Farms Road. There is also a condition of approval from the Prosperity Centre development order (Resolution 43, 1992) which states: "The petitioner shall provide cross access to the outparcel (Fina (Speedway) Gas Station) at the southwest corner of Prosperity Farms Road and PGA Boulevard, if it is possible to provide such access in negotiations with that property owner." Staff has requested that the petitioner obtain a letter from the property owner of Prosperity Centre allowing for such access to occur at time of redevelopment of this site, as is required by the Resolution 42, 1992 condition of approval. The petitioner has made provisions on the site plan for the future expansion of PGA Boulevard, which will require the taking of 17.5 feet from the northern boundary of the site. The petitioner has demonstrated that the site meets the requirements of the LDRs without this strip of land included. I. Drainage Drainage concurrency has been approved. This site shall outfall at the southwest corner of this site into the Prosperity Farms Road drainage system. The applicant will need to demonstrate permitting from County Engineering to utilize this facility. The petitioner is proposing three inlets with exfiltration and a small on -site drainage pond to provide for adequate drainage control and water quality. J. Liqhting City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 The petitioner is proposing a maximum of 110 footcandles under the pump canopy. Section 95 of the LDRs allows for a maximum of 10 footcandles in "off- street parking facilities ". The petitioner has not requested a waiver from this code requirement. The petitioner must request a waiver from this code requirement as the review process continues, as is recommended by the City Engineer. J. Legal Non - Conformities There are several legal non --conformities -on site that are being addressed with the modifications. Any element of the re- developed site plan which are none- conforming shall be addressed with waiver requests. K. Platting The petitioner will plat and record this parcel, consistent with the approved site and master PUD plan, prior to the issuance of the first building permit. L. Phasing The petitioner has indicated that the development will be constructed in one phase. IV. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE.(DRC) This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. V. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a workshop on this petition at its January 9, 2001 meeting. The Commission requested the following: The applicant must submit a waiver request from requirements of Section 95 (f) of the Land Development Regulations. The applicant must submit manufacturer's cut sheet and specifications indicating luminaire cut -offs, etc. The applicant shall not have restaurant use on site in conjunction with the convenience store with gas sales use. Staff shall recommend a condition of approval which shall 10 City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 restrict the use to convenience sales with gasoline sales only to preclude the addition of a restaurant/food outlet use as follows: "Food and drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soda drinks, which customers must select and purchase without assistance, preparation, or assembly by the employees of the service station. One microwave oven, for self - service heading or re- treating of food shall be allowed." The petitioner shall examine the potential of an additional "cut through" located at the northeast corner of the site. Staff is amenable to the recommendation of the additional "cut - through" to the east of the site, however, this would inhibit the ability to provide a loading space on site. Staff will consider supporting a waiver of this code requirement should the petitioner be unable to provide an adequate loading space elsewhere. The petitioner shall provide staff with written approval from the adjacent Shopping Center ownership that the location and construction of said "cut- throughs" is permissible. The Planning and Zoning Commission has reviewed the request for waiver and has indicated that they do not have a concern with the proposed ground sign location waiver and the front setback waiver. Staff has recommended denial for these waiver requests. VI. Applicant's Response The applicant has responded by providing the following: (1) A waiver request from the requirements of Section 95(f) (lighting footcandle maximums) of the LDRs. (2) Manufacturer's cut sheet and specifications for canopy lighting. (3) Additional cross access at- the- wrtheast corner of the site, connecting the Barnes and Nobles parking lot. (4) Subsequent waiver request for the required loading space which was in the location of the cross - access egress point. (5) The petitioner has revised the building elevations so that the number of walls signs have been reduced to four (4). * In addition, the petitioner must request an additional waiver. The petitioner must request a waiver from LDR section 179 (h), which requires a minimum of 100 feet prior to location of conflicting movement. Neither of the entrance drive aisles provide this stacking distance. However, due to the improvements to the entrance and exit 11 City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 driveways and the lessening of existing non - conformities, staff supports this waiver request. *The petitioner has reduced the number of wall signs from seven to four. However, staff is recommending that the canopy sign on the west elevation be moved to the building, so that it is set further back from the right -of -way. The Planning and Zoning Commission held a Public Hearing on this application at its February 6, 2001 meeting and had additional comments, including: (1) Increase the height of ligustrums at time of planting from 6 feet to 12 feet along the Prosperity Farms Road landscape buffer. (2) Reduce the footcandle maximums to 100 fc under the canopy. (3) Remove saddle flashing above the doorway on the north elevation. The applicant shall respond to the concerns raised at the public hearing and have agreed to submit revised plans to reflect said concerns. At its February 6, 2001 public hearing, the Planning and Zoning Commission unanimously recommended approval of this petition with condition of approval. The Planning and Zoning Commission also unanimously recommended approval of all waivers requested. VI. Staff Recommendation Staff is recommending approval of this petition with the following conditions of approval: (1) "Food and drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soda drinks,- which -customers - must- sedact and purchase without assistance, preparation, or assembly by the employees of the service station. One microwave oven, for self - service heating or re- heating of food shall be allowed" (Planning and Zoning). (2) Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape and place stormwater management features within their respective utility easements (City Engineer). 12 a City Council Meeting Date: March 15, 2001 Date Prepared: February 21, 2001 Petition PUD -00 -05 (3) Prior to construction plan approval, the applicant needs to call out the curb transitions on the Site Plan and provide a detail for the curb transitions at the entranceways (City Engineer). (4) Prior to issuance of Certificate of Occupancy, the applicant shall utilize lighting shields or other similar mechanics on lights located under the canopy to minimize the lighting glare emanating from the site (Planning and Zoning, Building). Staff is also making the following recommendations on requests for waivers from the LDRs: Code Section Required Provided Waiver Staff Recommendation Section 87/88 — Minimum site size Minimum of 1 acre .8 acres .2 acres Support Minimum PUD size Section 95 (f) — parking areas (lighting) Maximum of 10 fc 116 fc 106 fc Support (under canopy) Section 87 - Rear Setback 15 feet 6.5 feet 8.5 feet Support Section 105(12)(b) — PGA Corridor 12 foot multi -use Existing 5 No Support Overlay pathway foot pathway sidewalk Section 179 (h) - Entrances and Exits 100 foot stacking 32 feet 68 feet Support Minimum stacking distance distance Section 160(a) — Minimum Buffer 8 foot minimum 6.5 feet — 1.5' Support Required southern buffer Section 161(4)(a.2) — Foundation 5 foot wide None 5' Support plantings landscaped adjacent to vehicular areas Section 136(a) —Wall signs One wall sign per Three walls 5 signs Support building signs Section 136(a) — Signs Permitted" 15 feet setback 10.36' 4.64' Deny from R -O -W. Section 87 — Front Setback 50 feet 1 25.75' 1 24.25" 1 Support * Staff is recommending that the ground sign remain in its present location at the southwest corner of the site. 13 • February 26, 2001 ORDINANCE 6, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM MARATHON - ASHLAND PETROLEUM CORPORATION FOR A RE- ZONING OF A.8 ACRE PARCEL OF LAND FROM CG -1 GENERAL COMMERCIAL TO CG -1 GENERAL COMMERCIAL WITH A PLANNED UNIT DEVELOPMENT OVERLAY - ZONING - DISTRICT -FOR --THE - PURPOSE OF DEMOLISHING AN EXISTING 2,177 SQUARE -FOOT BUILDING AND CONSTRUCTING A NEW 2,337 SQUARE - FOOT CONVENIENCE STORE WITH GASOLINE SALES, LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND PROSPERITY FARMS ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Marathon - Ashland Petroleum Corporation for approval of a re- zoning of a .8 acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development overlay,zoning district for the purpose of demolishing an existing 2,177 square -foot building and constructing a new 2,337 square -foot convenience store with gas sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the .8 -acre "Speedway Service Station" site is currently zoned General Commercial (CG -1); and LL- WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of a re- zoning to planned unit development (PUD) known as Speedway Service Station; and 14 Ordinance 6, 2001 Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition PUD -00 -05 WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm -Beach Gardens-, - - - -- - -- Florida hereby approves a re- zoning of a .8 acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development overlay zoning district for the purpose of demolishing an existing 2,177 square -foot building and constructing a new 2,337 square -foot convenience store with gas sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Food and drink provided within the food mart shall be limited to self - service items only, including (but not limited to) such items as hot dogs, doughnuts, coffee, or fountain soda drinks, which customers must select and purchase without assistance, preparation, or assembly by the employees of the service station. One microwave oven, for self - service heating or re- heating of food, shall be allowed. (Planning and Zoning). (2) Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape and place stormwater management features within their respective utility easements (City Engineer). (3) Prior to construction plan approval, the applicant needs to call out the curb transitions on the Site Plan and provide a detail for the curb transitions at the entranceways (City Engineer). (4) The applicant shall utilize lighting shields or other similar mechanics on lights located under the canopy to minimize the lighting glare emanating from the site (Planning and Zoning, Building). 1 15 Ordinance 6, 2001 Meeting Date: March 155, 2001 Date Prepared: February 26, 2001 Petition PUD -00 -05 (5) Prior to issuance of building permit, the applicant shall provide the City an agreement between the adjacent property owners and the owners of the subject site allowing the southwest and northeast connections between the sites. Should the adjacent property owner not agree to the northeast connection, the applicant shall provide for a loading space in this location as __- or-iginally proposed (Planning and Zoning). SECTION 3. The following waivers are hereby granted with this approval: (1) A waiver from Section 87 & 88 of the Land Development Regulations which requires a minimum of a 1 acre parcel, to permit a .8 acre parcel of land to be zoned Planned Unit Development. (2) A waiver from Section 95 of the Land Development Regulations which requires a maximum of 10 footcandles, to permit 100 footcandle lighting on site. (3) A waiver from Section 87 of the Land Development Regulations which requires a rear setback of 15 feet, to permit a rear setback of 6.5 feet. (4) A waiver from Section 105(12)(b) of the Land Development Regulations which requires a 12 foot -wide multi -use pathway, to permit a five -foot sidewalk. (5) A waiver from Section 179(h) of the Land Development Regulations which requires a minimum stacking distance of 100 feet, to permit minimum stacking distances of 32 feet. (6) A waiver from Section 160(a) of the Land Development Regulations which requires an eight foot landscape buffer, to permit a 6.5 foot wide landscape _ buffer along the southern portion of the property. (7) A waiver from Section 161(4)(x.2) of the Land Development Regulations which requires a six foot foundation planting buffer, to permit no foundation planting in front of the building. (8) A waiver from Section 136(a) of the Land Development Regulations which requires a maximum of one wall sign per building, to permit four wall signs. (9) A waiver from Section 87 of the Land Development Regulations which requires a minimum of 50 foot front setback, to permit a 25.57 front setback (Prosperity Farms Road). (10) A waiver from Section 185 of the Land Development Regulations which requires one loading zone, to permit no designated loading zone on site. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth 16 Ordinance 6, 2001 Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition PUD -00 -05 Management Department: Official Exhibits: 1. March 1, 2001 Cover and Data Sheet, Lincoln -Allen Engineering, 1 Supportinq Documents: 1. September 13, 2000 Traffic Impact Analysis, AVID Engineering, 2 pages. SECTION 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6. 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 7. 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 8. This Ordinance shall be effective upon adoption. 17 Sheet. 2. March 1, 2001 Site Plan, Lincoln - Allenh Engineering, Sheet 2 - 3. February 2, 1999 Boundary and Topographic Survey, Pulice Land Surveyor, 1 Sheet 4. March 1, 2001 Demolition Plan, Lincoln -Allen Engineering, Sheet 5 5. March 1, 2001 Paving, Grading and Drainage Plan, Lincoln -Allen Engineering, Sheet 6 6. March 1, 2001 Utility Plan, Lincoln -Allen Engineering, Sheet 7 7. March 1, 2001 General Civil Notes, Lincoln -Allen Engineering, Sheet 8 8. March 1, 2001 Detail Sheet, Lincoln -Allen Engineering, Sheets9 -10 9. January 16, 2001 Landscape Plan, Lincoln -Allen Engineering, Sheets L1 -L2 10. March 1, 2001 Lighting Plan, Lincoln -Allen Engineering, Sheet LP 11. February 28, 2001 Architectural Elevations, Orlando - Alonso Architects, Sheets A1-A2 Supportinq Documents: 1. September 13, 2000 Traffic Impact Analysis, AVID Engineering, 2 pages. SECTION 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6. 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 7. 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 8. This Ordinance shall be effective upon adoption. 17 Ordinance 6, 2001 Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition PUD -00 -05 PLACED ON FIRST READING THIS DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 2001. 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, MMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO 18 NAY ABSENT • • Ordinance 6, 2001 Meeting Date: March 15, 2001 Date Prepared: February 26, 2001 Petition PUD -00 -05 EXHIBIT "A" 19 • LEGAL DESCRIPTION: THAT PORTION OF A 200.00 FOOT BY 200.00 FOOT PARCEL OF LAND LOCATED IN THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 5; THENCE SOUTH 88 DEGREES 29 MINUTES 59 SECONDS_: EAST ALONG THE--NORTH LINE OF SAID SOUTHEAST 1/4 OF SECTION 5 AND ALONG THE BASELINE OF SURVEY FOR P.G.A. BOULEVARD (STATE ROAD 74) AS SHOWN IN ROAD PLAT BOOK 5, PAGE 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR 157.12 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 01 SECONDS WEST FOR 58.00 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE: OF SAID P.G.A. BOULEVARD (STATE ROAD 74) AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 88 DEGREES 29 MINUTES 59 SECONDS EAST ALONG SAID SOUTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD- (5TA -TE ROAD 74) FOR 89.03 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD (STATE ROAD 74) AND THE ARC OF SAID CURVE HAVING A RADIUS OF 11,513.16 FEET AND A CENTRAL ANGLE OF 00 DEGREES 21 MINUTES 47 SECONDS FOR 72.95 FEET TO A POINT OF TERMINATION ALONG THE ARC OF SAID CURVE, WITH SAID POINT OF TERMINATION BEARING SOUTH 01 DEGREES 08 MINUTES 14 SECONDS WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTH 01 DEGREES 29 MINUTES 00 SECONDS WEST FOR 182.23 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 59 SECONDS WEST FOR 194.99 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD; THENCE NORTH 01 DEGREES 29 MINUTES 00 SECONDS EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF PROSPERITY FARMS ROAD FOR 148.99 FEET TO A POINT; THENCE NORTH 46 DEGREES 29 MINUTES 30 SECONDS EAST FOR 46.68 FEET TO THE POINT OF BEGINNING. w-T aa(+ J3 43 D C(Itf T'1 10011 Uzi_zG.'7J all 1 �c><19Ai ®I 1 a pa 1 r, is 9 lo- q mw PROSPERITY FARMS ROAD �- 11 J • �k tl -- = 00 N= s ppWIN Nm Y����WU� O rnowr I SPEEDWAY N0. 8371 —PALM BCH M.S. 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L. ti ir'�.as -�LV� . �•�:w:nii��. %iraaq..�.� g I digit A 1118181wrl n fq, Q 9 Tii t � SPEEDWAY N0. 8371 —PALM kH GRDNS, t1 uARA1HON ASIrIAND PETROLEUM, uc PALM BEACH 6AROEn PRIM BEACH COUNiY, LRARDII �_'""•; "'�. �..••� � � n a Si I LANDSCAPE PLAN ��.,�._ N''0'" 1 Q• III �+ 1 -_ 0 20 ° r': '^ : _ OYVAM09 VOd f OVOO 8MVd AUMid$*Iid dL£8 'ON i[Nn Avma33dS a' �tts ... 0 8 _ �w.4 OMnXKW M MOUVIS !VO / MIS MNMU M O Oi{OdoW g i 8e 0 0 O ° w W H� o? z O w W o' a� , p y FC I O of� e .v 0 0 O ° w W H� o? z O w W o' a� , p y v z O of� .v P w � U W I F 1 z O of� a w W I F LU XIV CITY ATTORNEY REPORT: a. Update on Seacoast Voting Share Issue ORAL REPORT • TO PALM BEACH GARDENS MAYOR JOE, RUSSO Congratulations on your reelection. tZF C Q D r IV n/ F/ n A /z- t. o A wee X f I,�� Garden Woods residents do not believe that the County will come out with a final solution. The railroad crossing is a decision made by the City Council and you made that decision on Nov I l; 1999. Only the Council can change resolution 147. If the proposed railroad crossing is built in parcel 5A, it will be the most dangerous crossing in Palm Beach Gardens because of its tunnel like approach on the ALT AI A side. It would be a very busy railroad crossing because it will directly connect to a 20 screens movie theatre to be built between Kyoto Drive and Gardens Blvd. The Palm Beach Gardens High and Dwyer High 16 and 17 years old students with younger school friends in their car will drive to that movie theatre and will no doubt go through that dangerous railroad crossing. Chances will be taken and there will be accidents. If you have teenagers in your families, please think about this problem. It is another reasons why you should change. the location of the new railroad crossing. Also it will be much easier and less costly to get a "QUIET ZONE" on the corridor from Donald Ross Road to Lighthouse Drive without the proposed dangerous railroad crossing in parcel 5A: Why not have the new, railroad erossing in parcel 5B as originally planned by FDOT ?. Roger Blangy March 15, 2001 City of Palm Beach Gardens Council Agenda March 15, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 15, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE - ROLL CALL II. ELECTION: a. Resolution 39, 2001 - Declaring the Results of the City's General Election held March 13, 2001 to fill Group 2 and Group 4 Seats. b. ADMINISTRATION OF OATHS OF OFFICE: C. REORGANIZATION: 1. Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor. 2. Appointment of Mayor and Vice Mayor. 3. Appointment of a Chairman Pro - Tempore in Absence of both Mayor and Vice Mayor. 4. Resolution 40, 2001 - Appointment of The Mayor, Vice Mayor and Mayor Pro - Tempore. 5. Appointment of Council Liaisons to Advisory Boards /Committees /Organizations. III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. FDOT Construction Schedule — PGA Bridge. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Item% Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the February 1, 2001 Regular City Council Meeting. b. Consideration of approving Minutes from the February 12, 2001 City Council Workshop Meeting. C. Consideration of approving Minutes from the February 15, 2001 Regular City Council Meeting. d. Consideration of approving Minutes from the February 26, 2001 City Council Workshop Meeting. e. Resolution 29, 2001 — Mirasol Landscape Buffer and Parkway Plans. Consideration of approving the perimeter landscape buffers, North -South Parkway landscape buffers, pump house elevations, and lighting plans for the Mirasol Planned Community Development. f. Resolution 44, 2001 — General Employees' Pension Plan. Consideration of appointing Kenneth Steele to the General Employees Retirement System Board of Trustees. g. Resolution 45, 2001 — EMS Grant Funding. Consideration of authorizing an application requesting a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled. h. Resolution 46, 2001 — Art Consulting Services Agreement. Consideration of repealing Resolution 2, 2001 and authorizing the execution of an Art Consulting Services Agreement with Joel Straus Consulting. IX. PUBLIC HEARINGS: a. Ordinance 2, 2001 — Water Shortage Regulations. Consideration of an Ordinance amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens entitled "Utilities," by creating a new Article IV, Sections 74 -71 through 74 -77, entitled "Water Shortage Regulations. b. Ordinance 4, 2001 — Planned Community Development Overlay District. Consideration of an Ordinance approving an application from Toll Brother's Development Company, Inc. for approval of a re- zoning to Planned Community Development Overlay Zoning with underlying zoning of RL -3 (Residential Low) to allow for a 434.19 acre, 530 dwelling unit residential community which includes an 18 -hole golf course and a 45,000 square foot clubhouse facility located directly east of the intersection of Hood Road and Alternate AIA, as more particularly described herein; providing for conditions of approval; providing for waivers. C. Resolution 36, 2001 — Regional Center DRI and PCD. Consideration of amending Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact and Planned Community District; providing for amendment of the Master Development to designate an eight acre Oak Hammock Preserve, convert 151 hotel rooms to 213 residential units, combine all residential parcels located in the northeast portion of the DRI into a 104 acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter Property, providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and the Grande At Palm Beach Gardens, Inc.; providing for repeal of ordinances and resolutions in conflict. (To be Continued to April 5, 2001) X. RESOLUTIONS: a. Resolution 18, 2001 — Bristol Club Unmanned Entry Gates. Consideration of amending Resolution 25, 1987, to allow for the construction of 'an unmanned entry gate located between Avenue of the Masters and Governor's Court at the entrance to the Bristol Club within PGA National Resort Community, a Planned Community District. b. Resolution 42, 2001 — Mirasol Sales Center Parking Waiver. Consideration of approving a Miscellaneous Application for a waiver to allow the configuration of the parking spaces to include grass and raised pavement beyond the curb for the Mirasol Sales Center located within the Golf Digest (Mirasol) Planned Community District, on the North Side of the collector road within the southwest portion of the Community approximately one - quarter mile from the east -west parkway western rotary. C. Resolution 43, 2001 - BallenIsles Parcel 28 Administrative Building. Consideration of amending Resolution 42, 1994 to allow for the administrative building to remain within BallenIsles Parcel 28, which includes the clubhouse, tennis and fitness facility, and east maintenance facility, located within the BallenIsles Planned Community Development on the east side of BallenIsles Drive, approximately %Z mile south of the intersection of BallenIsles Drive and PGA Boulevard. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 5, 2001 — Budget Amendment. Consideration of an Ordinance providing for an amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach Gardens for the fiscal year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of Ordinances in conflict herewith. b. Ordinance 6, 2001 — Speedway Service Station. Consideration of approving an application from Marathon- Ashland Petroleum Corporation for a rezoning of an .8 acre parcel of land from CG -1 General Commercial to CG -1 General Commercial with a Planned Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square - foot building and constructing a new 2,337 square -foot convenience store with gasoline sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for conditions of approval; providing for waivers. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV CITY ATTORNEY REPORT: a. Update on Seacoast Voting Share Issue 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. Thursday, March 15, 2001 Comments for the Record - Kolter Site plan and Comprehensive plan changes and approvals. 1. We thank Commissioner Marcus and City Councilman Eric Jablin for moving in the direction of dialog on the preservation acquisition. We thank you and support you in the discussion. 2. We invite the City - Council, and growth management staff to call on the residents of West Edgewater Drive. Many of us, will be glad to walk the Oak Hammock with you. We have provided a list of the resident's names, addresses and telephone numbers for you. 3. For the Record, we would like to enter a list of graphic exhibits for use during the hearing on April 5, 2001. At the last meeting, the Planning Commission was at a disadvantage when they asked of staff for more definition of the area. What was shown was not definitive of the area. Thank You Jim Jesteadt and the West Edgewater Residents and neighbors. Attachments Lisa Hall 2501 W, Edgewater Dr. PBG 33410 ph:691 -8031 Craig & Wilma Bormutz 2539 W. Edgewater Dr. PBG 33410 ph:622 -1589 Morris & Janet Conerly 2553 W. Edgewater Dr. PBG 33410 ph:622 -7352 e -mail jan2937@aol.com George & Gloria Cornell 2569 W. Edgewater Dr, PBG 33410 ph:622 -2255 Jim & Peg Jesteadt 2590 W, Edgewater Dr. PBG 33410 ph:626 -2947 Fax 627 -0840 Keith & Susan Surmont 2589 W. Edgewater Dr. PBG 33410 ph:694 -6144 Antonio & Angelica Iezz 2611 W. Edgewater Dr. PBG 33410 ph:625 -4384 Augustin Hernandez Nancy Kindt 2639 W Edgewater PBG 33410 ph:626 -6134 e -mail ahernandez@wackenhut.com Ken & Fran Savignac 2651 W. Edgewater Dr. PBG 33410 ph:622 -3071 Kris Savignac 2665 W Edgewater Dr. PBG 33410 ph:624 -3273 e -mail ksavignac@aol.com Mary Jane Golab 2685 W. Edgewater Dr. PBG 33410 ph:627 -4425 e -mail amberola@, Pre2�� • Tracy Mitchell 2715 W. Edgewater Dr. PBG 33410 ph:627 -1486 Phil & Lois Brandt 2715 W. Edgewater Dr. PBG 33410 ph:622 -8930 Bud Siebenrock 2620 Oak Dr. PBG 33410 ph:626 -1211 Fax: Call before Faxing Chuck Jones 2416 S. Wallen 2597 Oak.Dr. PBG 33410 ph:627 -4501 e -mail shelby gto @juno.com 01/04/00 mjg GRAPHIC EXHIBITS LIST: 1. Aerial map of Regional Center DRI and the Cabana Colony Canal (receiving canal), source Palm Beach County Property Appraiser Property map aerial, scale 1" = 200'. 2. Aerial map enlargement of Regional Center DRI; 40' acre oak hammock located at the northeast corner of the DRI, source Palm Beach County property map aerial. 3. Tree survey sample area 550 feet long by 350 feet deep, showing Oak Hammock tree survey sample area, located on the south side of West Edgewater Drive, western half of the street. 4. Panoramic photographic view of Oak Hammock on south side of West Edgewater Drive. 5. Topographic map showing .ground contour elevations for the north -east corner of the DRI, south west corner of the intersection of Prosperity Farms Road and west Edgewater Drive. GRAPHIC EXHIBITS LIST: 1. Aerial map of Regional Center DRI and the Cabana Colony Canal (receiving canal), source Palm Beach County Property Appraiser Property map aerial, scale 1" = 200'. 2. Aerial map enlargement of Regional Center DRI, 40 acre oak hammock located at the northeast corner of the DRI, source Palm Beach County property map aerial. 3. Tree survey sample area 550 feet long by 350 feet deep, showing Oak Hammock tree survey sample area, located on the south side of West Edgewater Drive, western half of the street. 4. Panoramic photographic view of Oak Hammock on south side of West Edgewater Drive. 5. Topographic map showing ground contour elevations for the north -east corner of the DRI, south west corner of the intersection of Prosperity Farms Road and west Edgewater Drive. 2715 West Edgewater Drive Palm Beach Gardens, Fl 33410 March 141) 2001 The Mayor and City Council of Palm Beach Gardens Concerning: Kolter Development "The Grande" and Proposed Drainage Pipe along West Edgewater Drive. We are quite disappointed about seeing the woods destroyed for yet more development. The area behind our property at West Edgewater (we are at the south west end of the street) has some wonderful oak hammocks, which are very rare in Palm Beach County and in the state of Florida, over 190 different species of plants, and plenty of wildlife. We urge the county to save as much of this precious land as possible. As much as we would like to see all of these woods preserved, we are equally concerned about the drainage problem. We would like to be included in details about how these issues will be resolved. These issues include the in_.stallation of a drainage pipe down the middle of W. Edgewater, how Kolters development will impact. us and our neighborhood and the importance of as large a preserve as is possible. Enclosed please find a list of our questions and concerns about these very important issues. Additionally, we would Hike to invite you to visit our neighborhood and see for yourself how unique our street is. Thank you for your time and concern JA;&Cvwe� 5k&j.4-, PnAN&-t Tracy Mitchell and Sheree Brandt Cc: Commissioner Marcus Mayor Russo Charles Wu, City Director Questions and concerns about Kolters development * A major concern to us. Where exactly will the road be at the southwest corner and how close will it be to our property? Where will the turn be? Our concerns - Headlights and noise from vehicular traffic. - Lighting on that road. We are concerned that big street lights will bring too much light into the area. - Placement of dumpsters and a/c units. Another noise factor. * We've been told that there will be 200 feet between our property and the development. Is this accurate? * How much of the 200 feet is going to be a preserve and how will it be laid out? How will it be fenced and what kind of public access will there be? * Where's the berme going to be located? Installation of drainage pipe under W. Edgewater Dr. * Explain exactly why a drain pipe cannot go from W. Edgewater Dr. under Prosperity Farms Rd. if the output is the same either way? * Placement of the pipe exactly and how long will it take to install pipe. * During drain construction will they have to take down our fence? Probably. Our biggest concerns here are 1. We have a pond on our property. We cannot risk kids (or anyone) who may wander in. (rope swing, fishing, falling in etc.) Very dangerous!! 2. At the southwest end of W. Edgewater, we are vulnerable because we are quite isolated. (surrounded by woods). A lot of people fi-equent these woods during the day and also at all hours of the night. We do not feel secure and safe with out a fence. We feel that a temporary fence must be installed during construction. * Because we are the last house on the street, how will we have access to our property during construction? Trash pickup and mail delivery? * We realize that some of the oak trees on each side of what is now our driveway may need to be trimmed for accessibility, however they may not be chopped or butchered unnecessarily. We want mutual cooperation in saving as much of the canopy and as many of the trees as possible. * After drain pipe is installed will our fence, plants, hedge and driveway be replaced? We have Azaleas and Bougainvillea along back fence. (see attached photos.). *Because the drain pipe will be on our property, what kind of access will the county need to have to it? Will there be maintenance and/or repairs? How often? If things go wrong and work needs to be done, who cleans up our yard again? * We would like the pipe for city water installed while the road is already torn up. 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(3"0 tt �.." tr IP LAI X43 1p Yro f �{ SJ- e X 44 fD— ft Mfg L4 Zip "' n a9c� rC Plp em DC7�,V �xu•.a rZ43 i�, '• i' % ;, .3 00 -'I NaRTH Sou TH Recent News Releases (February - March, 200 1) Monday, March 19, 2001 Randy Smith (561) 682 -6197 SFWMD Office of Communications CURRENT RAINFALL ONLY SHORT TERM REPRIEVE TO CRITICAL WATER SHORTAGE Much needed rainfall over the weekend and today will provide a temporary reprieve to the dry conditions that exist in. South Florida. Areas that will see short term relief include agricultural and landscaping. SFWMD meteorologists forecast total rainfall from this system will be approximately one and a half inches District wide with isolated areas receiving up to three inches. The District's average rainfall amount for the month of March is 2.8 inches. Rainfall episodes such as these are expected during droughts in Florida. The rainfall helps meet short-term water demands for irrigation but provides only a short-lived Band -Aid to the larger scale water shortage. Unfortunately, the nature of the drainage systems in Florida allows for the collection of large amounts of runoff water during intense storms. The storm water eventually is deposited in the ocean by way of drainage canals. The earliest possible long -term relief would be the beginning of the daily thunderstorm cycle associated with the wet season typically starting in May. The District has experienced record dry conditions for the last 5 months, accumulating a rainfall deficit of greater than 10 inches. More information regarding the water shortage and water use restrictions is available 24 hours a day on the District's web site at www.sfwmd.gov. Citizens may also contact the SFIA`MD water shortage hotline at 1- 800 -662 -8876. The special phone line is operational Monday through Friday from 8:30 a.m. to 4:30 p.m. The public is encouraged to attend a scheduled public; input session to discuss Phase 3 water restrictions on Wednesday, March 21st at 9 a.m. in the auditorium of the SFWMD located at 3301 Gun Club Road, West Palm Beach. Thursday, March 15, 2001 Randy Smith (561) 682 -6197 SFWMD Office of Communications SFWMD MOVES TO PHASE 3 LEVEL WATER RESTRICTIONS; STEPS UP COMPLIANCE AND ENFORCEMENT Public meeting set for March 21; Board to approve implementation plan March 27 Shrinking regional water storage supplies and inadequate reductions in public consumption prompted the South Florida Water Management District Governing Board to authorize staff to move toward more severe water use cutbacks for portions of the Lower East Coast (Palm Beach, Broward, Miami -Dade and Monroe counties) and portions of the Lake Okeechobee Service Area (Lee County, Hendry and Okeechobee counties). The Governing Board vote was 7 -2, with Trudi Williams and Hugh English voting against the motion. The Board action directs staff to develop a detailed implementation plan to achieve Phase 3level cutbacks (35 -45% reductions) in water use. A public meeting is scheduled for March 21 to sear input from residents, businesses and utilities on operational and economic impacts. The details and specific locations of the tougher restrictions must be considered and approved by the Board on March 27. The new restrictions will be effective March 28. In addition, the District is stepping up its own compliance and enforcement efforts - targeting large water users with aerial and on -site inspections, and issuing fines for documented violations. Also, the agency is launching a hard - hitting public information campaign to heighten awareness and to remind residents and businesses that "Wasting Water is a Crime." "This is the worst drought in Florida's history. South Florida's primary storage areas - Lake Okeechobee and the Water Conservation Areas - continue to fall at alarming rates," said SFWMD executive director Frank Finch. "To date, water use trends have not reflected the level of cutbacks we need to help get us through this emergency situation." The District is looking for substantial cutbacks in water demand to help stretch dwindling water supplies. For a typical homeowner, Phase 3level restrictions limit lawn watering and car washing to one day per week Based on input from Governing Board members and utility representatives, the specific days have yet to be determined. The restrictions apply to water supplied from utilities, as well as water taken from individual wells and canals, lakes or other surface water sources. Phase 3level restrictions also call for significant cutbacks by businesses such as golf courses, car washes and nursery/agricultural operations. More information regarding the water shortage and water use restrictions is available 24 hours -a-day on the District's web site at www.sfwmd gov. Citizens may also contact the SFWMD water shortage hotline at 1-800- 662- 8876. The special phone line is operational Monday through Friday firm 8:30 a.m. to 4:30 p.m. Reports of water use violations should be reported directly to the local law enforcement/code enforcement unit within the county or city municipality where the violation occurs. Click here for a list of water shortage enforement contacts. The South Florida water Manage rent Dish ct is a regional, governmental agency that oversees the water resources in the southern half of the state it is the oldest and largest of the state's five water management districts. Our Mission is to manage and protect wafter resources of the region by balancing and improving water quality, flood control, natural systems, and water supply. NOTE This document represents a summary of Phase ill water -use Restrictions as they apply to residendall cornmuthity use. For more details, or for a copy of the Water shortage Rule, contact the South Florida Water Management District at 14800 -662 -8876 or visit our web site at www.sfwmd.gov ` quick facts on .. . RESIDENTIAUCOMMUNITY Water -Use Restrictions PHASE 111 Water Shortages Water shortages and water conservation fall under the District's mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida gets 55 -60 Inches of rain a year, the rainfall is seasonal, failing mostly in the summer and fall. The rainfall Is also cyclical, meaning there are typi- cally 10 -year cycles of drought and flood. To manage water shortages In an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short (Sec. 373.246, F.S.; Ch. 40E -21, FA.C.). The goal is to prated the remaining supply by conserving water, pre- venting saltwater Intruslon and assuring a fair distribution of available supplies. Before declaring a water shortage and imposing mandatory water -use restrictions, the District typically alerts the public by issuing a 'wam- ing" Under a water shortage warning, resi- dents are asked to conserve water voluntarity. Water-Use Restrictions The District has established spectnc water -use restrictions according to the severity of the water shortage — Phase 1, moderate; Phase 11, severe; Phase III, extreme; and, Phase IV, critical — each requiring an increasingly larger reduction in water rue. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase III aims for a 45 percent reduction In water use. General Guidelines • Ali wasteful and unnecessary water JANUARY 19, 2001 desalinated water or water from aquifer stor- age and recovery wells. • Water -use restrictions DO NOT apply to low- volume irrigation using equipment or devices that apply water directly to the root area of a plant • Water -use restrictions generally DO apply to water from private wells and all surface waters such as canals, lakes, ponds and rivers. • Any exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District Water Users Water users are grouped into categories according to use — residential, agricultural, Industrial, reaeatlorW, etc. — and, according to the source from which the water comes. Residential users are the largest user -group affected by water restrictions. Residential /Community Water -Use Restrictions - Phase Ill Summary Because about half the water used In South Florida Is for landscape Irri- ptlon. the District targets outside water - use for restrcc dons. Irrigation is most etfldent in the early-moming hours evaporation occurs. Landscape irrigation It Maintenance for Homes With Less Than Five Ames of Land - Watering Is permitted on Saturdays from 4-7 am. for homes with addresses that end with an odd number (1,3,5,7,9). - Watering is permitted on Sundays from 4-7 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. - Hand watering with one hose and an automatic shut -off nozzle is allowed from 5 -7 p.m., on the same day. - New landscaping, planted for less than thirty days, may be watered Mondays, Wednesdays and Ridays from 2 -7 a.m. - New landscaping may be watered by hand with one hose and an automatic shut -off nozzle, with voluntary reduction. - Pesticide applications are allowed on Saturdays from 4 -7 a.m. for homes with odd addresses and on Sundays from 4.7 a.m. for homes with even addresses. A licensed pesticide tedinkian must be on the premises If applied outside of the allowed hours. - When cleaning, adjusting or repairing existing irrigation systems, ten minutes of operating the Irrigation system per zone/per week is permitted. And, ten minutes of system operation Is permitted on a one -time basis for new Irrigation systems. Landscape irrigation O Maintenance for Homes With More Than Five Moss of Land - Watering Is permitted on Saturdays from 12:01 -7 a.m. for homes with addresses that end with an odd number (1,3,5,7,9). - Watering Is permitted on Sundays from 12:01 -7 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. - New landscaping, planted for less than thinly days, may be watered Mondays, Wednesdays and Fridays from 121 -7 a.m. - New landscaping may be watered by hand with one hose and an automatic shut -off nozzle, with voluntary reduction. - Pesticide applications are allowed on Saturdays from 1201 -7 a.m. for homes with odd addresses and on Sundays from 121 -7 a.m. for homes with even addresses. A licensed pesticide tectmician must be on the premises ff appiied outside of the allowed hours. - When cleaning, adjusting or repairing existing Irrigation systems, ten minutes of operating the Irrigation system per zone/per week is permitted. And, ten minutes of system operation Is permitted on a one -time basis for new irrigation systems. rnnso1 REStDEMUL/C0MI11UNITY WNER -RISE RE EC1110NS - GMM Car, Boat & Equipment Washing - Washing of cars, boats and other equipment Is permitted 4-7 a.m. and 5.7 p.m. on the landscape watering days. Washing must be done on, or must drain to, a non- paved surface that permits water to soak into the ground. And, it must be done using a hose wfth-an auto- matic shut -off nozzle. - Washing and detailing of cars Is allowed anytime if done by a licensed individual or company using an automatic shutoff nozzle and low water -use techniques. - Rinsing and flushing of boats after saltwater use is allowed once a day for up to 15 minutes per boat Other Outdoor Water Uses - Washing or rinsing of sidewalks, driveways, streets or other paved surfaces is NOT ALLOWED at any time. - Low - volume pressure cleaning of any surface and stricture is permitted Monday through Friday - Uve- aboard boats that serve as a primary residence may be washed or rinsed during days and times designated for landscape watering based on the number of the boat slip. - Filling of new swimming pools is allowed. Refills are allowed only ff the pool is leaking more than one Inch per day. - Tire use of re-circulating fountains and ornamental water features Is prohibited. Further Water Suppiv Shortages The DIMct may declare more stringent restrictions as set forth In Phase IV. For the average person, the major difference in the phases is the number of days and hours that water may be used outside the home Residential /Community Irrigation hours for Phase IV are for one hour on one day of the week In more severe conditions, the District may restrict all outside watering. — FOR WATER CONSERVATiON INFORMATION D MATERIALS — Contact the SFWMD at 1- 800 - 662 -8876. This publication Is also available on our Water Shortage web site at httpJ/ wNw. sfwmd .gov /curre/wabhorVkxlex2.hUnt South Florida Water Management District 3301 Gun Club Road - West Pahn BeKh, Florida 33406 561.686.6800 - FL WATS 1- 400432.2044 - wwwsfrnad.gov MAIUNG ADDRESS: P.O. Box 24680 - West Palm Beach, R 33416 -4680 s� i i 9 S R S c € Q C z y u' ^ s a N w N A N N m p �riSiN ' g w l gib r N Err W O G. �o??�r� Fir N Sr C ��p� N1 oq� &T r a?o dao� ���, Ceara aQm� wi ra a arc 2701'` p, 9a,e - Ca CL �c - Ni�pN, a W =cl 5oo=TT A� ' d4ig � a da ' `.�. V V V V m P< EL a� N It � �• 2L.4c a 7 7� a�� 1-4 3 oa p " a qo P r V G I N V N M_ a a pm 3R a � W a yf r r x V1 . a Ica 0 r Rc a V V V r 3R R V 3� L fill, v z a n 3 3 c z r�J eD C wl z c a N W N 8 r wig n !1 '° %N • VI .•� c � • 3 Ah d' Al w p w Oe e S'o O s Ora N � m � V O1 IA N �p �aq �� v 2 CA ww � N � O Z ¢ F� — cPa - V C CL � $g � o C IA W A R ao N ? IA a z m Cu g c 00 N pad a V N ut a qJ � ro -0 r� g NOR o '$ a i A ,2 tj oila a V V a I Our Mission is to manage and protect water resources of the region by balancing and improving water quality, flood control, natural systems, and water supply. =3 This document represents a summary of PHASE III water -use Restrictions as they apply to commeri: l/ reermtion use. For more details, or for a copy of the Water Shortage Rule, contact the South Florida water Management District at 1- 800-662 -8876 or visit our web site at www.sfwmd.gov COMMERCIAL/RECREATION Water -Use Restrictions PHASE Water Shortages Water shortages and water conservation fall under the Districrs mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida gets 55 -60 Indies of rain a year, the rainfall Is seasonal, failing mostly in the summer and fall. The rainfall Is also cyclical, meaning there are typi- cally 10 -year cycles of drought and flood. To manage water shortages In an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fail short. (Sec. 373.246, F.S.; Ch. 40E -21, FA.C.). The goal is to protect the remaining supply by conserving water, pre- venting saltwater lnftWw and assuring a fair distribution of available supplies. Water -Use Restrictions The DWd has established specific water -use restrictions according to the severity of the water shortage — PHASE I, moderate; PHASE II, severe; PHASE 111, extreme; and,. PHASE IV, critical — each requiring an Increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall pen:entage of reductions needed. PHASE III alms to have a 45 percent reduction In water use. Prior to the declaration of man- datory water -use restrictions, the District typi- cally alerts the public by issuing a 'warning.' Under a water shortage warning, residents are asked to conserve water voluntarily. General C.uideNnes en "emeadfid AM .u..m - Water -use restrictions DO NOT apply to the use of treated wastewater (reuse water), desalinated water or water from aquifer stor- age and recovery wells. - Water -use restrictions DO NOT apply to low - volume Irrigation using equipment or devices that apply water directly to the root area of a plan. • Water -use restrictions generally DO apply to water from private wells and all surface waters such as canals, lakes, ponds and rivers. • Any exemptions from the restrictions must be through a formal process, that Is, by obtaining a variance from the District. Water Users Water users are grouped into categories according to use — residential, agricultural, industrial, recreational, etc. — and, according to the source from which the water comes. Residential users are the largest user-group affected by water restrictlons. Commercial /Recreation Water -Use Restrictions PHASE Ill Summary Low volume water use for In igatlon, mobile equipment washing, and hand watering is permitted anytime, with voluntary reduction. Low volume methods include: Irrigadon: Using equipment designed to limit watering to plant requitement Mobile Equipment Washing: Using bucket and sponge or hose with automatic shut -off nozzle. fnessure Cleanhtg: Using equipment: Irrigation Systems (deaning, adjusting, repairing) Licensed Individual/Company • Less Than One Acre: Watering Is permitted 10 minutes per zone per week *One or More Than One Acre: Watering is permitted one hour per acre per week * For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Water Shortage Rule. Landscape Watering Licensed individual /Company • Same schedule as residential landscape watering. Pesticide Application Licensed individual /Company - Voluntary Reduction • Application is permitted anytime. Pesticide technician must be on premises when water Is applied. Mobile Equipment Washing Commercial Establishment - Voluntary Reduction • Washing is permitted from 8 a.m. -3 p.m. Umited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs. gross vehicle weight). • large trucks (over 10,000 lbs.) limited to 150 gallons or less. Mobile Equipment Washing Licensed individual /Company - Voluntary Reduction • Washingidetauing is permitted anytime using low volume methods. Nurseries • Low volume Irrigation and hand watering Is voluntarily reduced. • Inside overhead Irrigation is permitted on odd- numbered calendar days, 8 a.m. -8 p.m. - Outside ovedmd irrigation is permitted on odd- numbered calendar days, 12:01 a.m.-7 a.m. -Moisture stress relief for containerized nursery stock (one gallon or less) is permitted daily, 10 minutes per irrigation zone: 11:30 am.-12 p.m.(noon), 1:30 -2 p.m., and 3:30 -4 p.m. - Flood irrigation Is permuted 4 days per month. Agriculture • Low volume Irrigation and hand watering is voluntarily reduced. • Overhead irrigation (Including portable volume guns) is permitted dally, 7 p.m.-7 a.m. Mnnsn1 COMMERCIALMCREAiON WAER -USE REYMCnONS - MEM - Moisture stress relief for 8eWgrown citrus nursery stock Is permitted daily, 10 minutes per irrigation zone: 11:30 a.m. -12 p.m (noon), 130-2 p.m., and 3:30 -4 p.m. - Soil flooding is permitted ONLY for vegetable seed planting, rice planting, buming of sugarcane prior to harvest, and to permit har- vesting of sod, with voluntary reduction. Golf Courses - Low volume Irrigation and hand watering is voluntarily reduced. • Watering greens is permitted during non-daylight hours. Water- ing front nine tees is permitted Monday, Wednesday, Saturday and back nine tees Tuesday, Thursday, Sunday during non- daylight hours. - Watering front nine fairways, roughs, and non- playing areas is permitted Saturday: 12A1 a.m.-7 a.m. - Watering back nine fairways, roughs, and non - playing areas is permitted Sunday: 12:01 am.-7 a.m. - Watering newly seeded and/or sprigged areas (planted for less than 30 days) is permitted dally, 5 minutes per irrigation zone: 11:30 a.m: 12 p.m. (noon), 1:30 -2 p.m., and 3:30 -4 p.m. Recreation Areas - Watering new or existing landscaping permitted during residen- tial landscape watering schedule- - Watering newly, seeded and /or sprigged areas (planted for less than 30 days) on less than five acres is permitted Monday, Wednesday, Fridiry, 2 a.m. -7 am. - Watering newly seeded and /or sprigged areas on five acres or more Is permitted Monday, Wednesday, Friday, 12:01 am.-7 am. - Watering porous, non - vegetated mcmatlon /sporting surtaces (baseball infields, day tennis courts and racetracks) Is permitted 10 minutes prior to each event using low volume methods. Applications for Variances Users seeking relief from water -use restrictions should file an appli- cation that states how the request qualifies for a variance and describes the natum of the relief desired. The applicant must pro- vide reasonable assurances that the variance will not otherwise harm the water resources of the District. Users must conform to water use testrlci;ions until the variance is granted. More Information is available at www.sf vvmd. gov /curreMratshoWvarinsbiktions html. - FOR WATER CONSERVATION INFORMATION 8 MATERIAIS - Contact the SFWMD at 1-800 -662 -8876. This publication is also available on our Water Shortage web site at http:// www. sfwmd .gov /cume/Watshortfindex2.html South Florida Water Management Wstrkt 3301 Gun Club Road • West Pabn Beach, Florida 33406 561.686-8800 - FL INNS 1. 800.432 -2045 • wwwmNnnd.gov MAIUNC ADDRESS: P.O. Box 24680 - West Palm Beach, R 33416.4680 a O 0 CL 2 4 rip �o e'1 O rn X 3;0 70 m m n X m z J J fID eD tA /mss ri• O z a N W N O a 1 1 I a� tit Vk FA Z so CL VA z N n _ Go_ . r 3 � S H6 • w — QQ 1 ° p V1 Ch OQ IA tA PA fAU Di w� o► m e 9 a � eD LA c CL 3 c CN w Qa 'Q V r 00 O' C N _ IA o I — LA N � 4 C H e'1 O rn X 3;0 70 m m n X m z J J fID eD tA /mss ri• O z a N W N O �J N W N • 0 o a� N g w W T w w Igo g 1 Q a w�a IA $ gni0 OD 1 0 i 8 K S. i ff 4Z �aa 1n m K� aOq �O�y �j9 °o'er aN tA: cep cL 1�1 Gib WO '�1" WO •��• N G = in a VI N r.ra�f4 .+.r./?N IrjCW W W 0 1rp m �d N °.... 3:ai LA w N ,c a � 3... O a N N N _ N� i w� LA _ r a Im kn O wNAK fD wW.. me �n No w'o N ik-c 3 K d r CL Sr LL Su z E IA Fn_ o = ate, m < P -' CL QQ _ - wa � �ao ° c� � LA r ,p N r -4 9� N 9 a s' o °' R et IC a V� a. City of Palm Beach Gardens R&CLAIMED WATER USERS- NQ RESTRICTIONS 1. BallenIsles East and West 2. PGA Streetscape- Landscape Buffer 3. Shady Lakes -Buffer along Shady Lakes Lane 4. FPL Substation — East of Shady Lakes Lane, North of PGA Blvd. 5. Seacoast Utilities -4200 Hood Road 6. ,Frenchman's Creek -Golf Course 7. Fathom's —11611 Ellison Wilson Rd. 8. The Gardens Mall NOTE.• this document is a subset of the water shortage rule (definitions, general restrictions, and Phase 3 specific restrictions only). Please see the full rule document for more details CHAPTER 40E -21 WATER SHORTAGE PLAN PART I GENERAL 40E- 21.051 Definitions. When used in this chapter: (1) "Water shortage" means that situation within all or part of the District when insufficient water is available to meet the present and anticipated needs of the users, or when conditions are such as to require temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought. (2) "Water shortage emergency" means that situation when the powers which can be exercised under part II of chapter 40E -21 are not suffide:nt to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. (3) "User" means any person, natural or artificial, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including but not limited to uses from private or public utility systems, uses under consumptive use permits issued pursuant to chapter 40E -2, or uses from individual wells or pumps for domestic or individual home use. The term does not include persons who use treated effluent or seawater. (4) "Water resource" means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground. (5) "Source class" means the assigned water resource from which a user Is obtaining water either directly or indirectly. Source classes within the District are specified in rule 40E- 21.631. (6) "Use class" means the category describing the purpose for which the user Is utilizing water. Use classes within the District are specified in rule 40E- 21.651. (7) "Method of withdrawal class" means the type of facility or means of extraction or diversion of the water resource employed by the user. Method of withdrawal classes within the District are specified in rule 40E- 21.671. (8) "Surface water use basin" means the geographical area within which a user obtains water from surface waters. Surface water use basins are a type of source class and are Identified in subsection 40E- 21.631(1). (9) "Ground water source" means a source class within which users obtain water directly from water table aquifers or from confined or semi confined aquifers. Ground water sources are a type of source class and are identified in subsection 40E- 21.631(2). (10) "Percent reduction in overall demand" means the weighted average reduction in all water uses within a source class, regardless of the type of use or method of withdrawal, which is necessary to reduce estimated present and anticipated demand to estimated present and anticipated available water supply. (11) "Plan" means the water shortage plan authorized in section 373.246, Florida Statutes, and contained in this chapter. (12) "Low- volume irrigation" means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being Irrigated and to allow that water to be placed with a high degree of efficiency In the root zone of the plant. The term also includes water use in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. (13) "Overhead Irrigation' means the use of equipment and devices which deliver water under pressure, through the air, above the level of the plant being irrigated. (14) "Flood irrigation" means the delivery of plant or crop irrigation water by the design and practice of the flowing of water over the surface to saturate the root zone or in specific applications the raising of the level of groundwater through the root zone or to the soil surface. (15) "Low volume hand watering" means watering by one hose attended by one person, fitted with a self - canceling or automatic shutoff nozzle. (16) "Low- volume mobile equipment washing" means the washing of mobile equipment with a "bucket" and 'sponge" or a hose with a self - cancelling or automatic shutoff nozzle or both. (17) "Low - volume pressure cleaning' means pressure cleaning by means of equipment which is specifically designed to reduce the inflow volume as accepted by industry standards. (18) "Nursery stock" means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, buds, flowering annual plants, aquatic plants, seeds, corns, or tubers, grown or kept for propagation, distribution or sale. (19) "Mobile equipment" means any public, private or carnmercial automobile, truck, trailer, railroad car, camper, boat, or any other type of similar equipment. The term shall not include mobile homes, boats that serve as a primary residence, sanitation or sludge vehicles or food vending or transporting vehicles. (20) "Even numbered address" means the house address, box number or rural route ending In the numbers 0, 2, 4, 6, 8 or the letters A -M. Post office box numbers are not Included. (21) "Odd numbered address" means the house address, box number or rural route ending in the numbers, 1, 3, 5, 7, 9 or the letters N -Z, Post office box numbers are not Included. (22) "Odd numbered days" means the days whose dates end in the numbers 1, 31 5, 7, or 9. For purposes of this chapter the date shall be determined by the day during which a watering period ends. (23) "Low - volume watering" means the use of equipment, devices, materials and /or methods, including low- volume hand watering, which limit the amount of water applied to a surface to the minimum necessary for dust control or evaporation suppression; use of equipment specifically designed to reduce flow and increase saturation efficiency to a level accepted under industry standards. (24) " Ucense" means, but is not limited to, the appropriate professional registration, occupational license, contractor license or applicator license for the jurisdiction in which work is being performed. 40E- 21.271 General Water Use Restrictions. (1) This rule specifies general water use restrictions for all users for each water shortage phase. Specific restrictions by user class are presented in part V of this chapter. Users desiring detailed information about the specific restrictions applying to their use should refer to part V. (2) The Board may order the water use restrictions specified in part V for the appropriate wafter shortage phase for each affected source class. The restricted area may include for enforcement purposes, all or part of a county, municipality, surface water basin or utility service area which impacts a source class for which a water shortage is declared. Further, the Board may order any combination in lieu of or in addition to the restrictions specified in part V of the restrictions described in subsection (3), by use or method of withdrawal class, within each source class, if necessary to achieve the percent reduction in overall demand. (3) Additional restrictions which may be considered include: (a) provisions that recognize the right of water users in an area to make voluntary agreements among themselves, with the concurrence of the Board or the Executive Director, providing for the mutual reduction, sharing, or rotation of use, (b) provisions for the distribution of water to permittees in exchange for ceasing or reducing ground or surface water withdrawals, (c) provisions for the metering and reporting of all water used, diverted, impounded, extracted or withdrawn, (d) provisions designed to maintain minimum flows and minimum levels, (e) provisions which recognize the extent to which users can satisfy water demands from sources for which a water shortage has not been declared, (f) provisions for monitoring water levels and determining chloride concentrations in order to protect against salt water intrusion or other deterioration of water quality including the closing and plugging of wells, (g) restrictions on the total amount of water that may be used, diverted, impounded, extracted, or withdrawn during any day, month, or year, (h) restrictions on the timing of use, diversion, impoundment, extraction, or withdrawal of water, (i) restrictions on pumping rates or diversion rates, or (j) such other provisions or restrictions as are necessary to protect the water resources from serious harm. Specific Authority 373.044, 373.113 F.S. Law Implemented 373.175, 373.246 F.S. History - -New 5- 31 -82, Amended 1 -26 -86 • PART V SPECIFIC RESTRICTIONS 40E- 21.501 Specific Restrictions. (1) Upon declaration of a water shortage or water shortage emergency it shall be prohibited to use water In a manner inconsistent with the restrictions specified in this part and part II. It shall be the duty of each water user to stay informed as to the phase of water shortage and the applicable restrictions for that phase. Violation of the restrictions specified in this part and part II shall be subject to enforcement action pursuant to rule 40E- 21.421. (2) In addition to the restrictions specified in this part and part H, wasteful and unnecessary water use is prohibited regardless of the phase of water shortage. Such wasteful and unnecessary water use shall include, but not be limited to: (a) Allowing water to be dispersed without any practical purpose to the water user, regardless of the type of water use. (b) Allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use. (c) Allowing water to be dispersed to accomplish a purpose for which water use is unnecessary or which can be readily accomplished through alternative methods without water use. (3) Within each rule, use classes are grouped in the same sequence as in rule 40E- 21.651. Specific Authority 373.044, 373.113 F.S. Law Implemented 373.175, 373.246 F.S. History- -New 5- 31 -82, Amended 2- 14-91. 40E- 21.541 Phase III Extreme Water Shortage. The following restrictions shall apply when a Phase III shortage is declared by the District (1) Essential /Domestic,/Utility /Commercial. (a) Essential Use 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 2. Fire hydrant flushing shall be undertaken only on an emergency basis. 3. Sanitary sewer line flushing and testing shall not be restricted except on a voluntary basis. (b) Domestic Type Use 1. Residential type domestic use shall be voluntarily reduced to 40 gallons per person per day. 2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced. (c) Water Utility Use 1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per square inch. Voluntary initial pressure reductions below 45 psi shall be made consistent with the utility's ability to maintain adequate service and fire flow pressures. Upon reduction of pressure, the utility shall notify the appropriate fire- fighting agencies and make arrangements for direct communication when additional pressure is required. 2. New water line flushing and disinfection shall be restricted to the hours of 7:00 P.M. to 7:00 A.M. seven days per week. 3. As may be appropriate the utility shall institute additional voluntary conservation measures such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs, installing and calibrating meters, and stabilizing and equalizing system pressures. (d) Power Production Use 1. Water used for power production shall be voluntarily reduced. (e) Commercial and Industrial Process Use 1. Commercial car washes shall be restricted as follows: a. for washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, I. use in excess of 75 gallons per wash shall be prohibited, ii. use equal to or less than 75 gallons but more than 50 gallons per wash shall be restricted to the hours of 8:00 A.M. through 3:00 P.M., and iii. use equal to or less than 50 gallons per wash shall be voluntarily reduced; b. for washes servicing mobile equipment weighing 10,000 pounds or more, 1. use in excess of 150 gallons per wash shall be prohibited, ii, use equal to or less than 150 gallons but more than 100 gallons per wash shall be restricted to the hours of 8:00 A.M. through 3:00 P.M., and iii. use equal to or less than 100 gallons per wash shall be voluntarily reduced. 2. Water used for commercial and industrial processes shall be voluntarily reduced. 3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall be restricted as follows: a. projects one irrigated acre or greater in size shall be limited to one hour per acre per week, b. projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week. 4. Water use for pesticide application under the supervision of a licensed pest control operator shall be voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises when water is applied outside of the hours allowed for irrigation. S. Water use for well development under the supervision of a licensed well contractor shall be voluntarily reduced. 6. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily reduced. (f) Diversion and Impoundment into Non - District Facilities 1. Water used for diversion and impoundment into non - District facilities shall be voluntarily reduced. (2) Agriculture (a) Agricultural Use 1. Overhead irrigation shall be restricted to the hours of 7:00 P.M. to 7:00 A.M. 2. Low volume irrigation hours shall not be restricted. 3. All irrigation systems shall be operated in a manner that will maximize the percentage of water withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available for other users. 4. Users having access to more than one source class shall maximize the use of the lesser or least restricted source class. S. Withdrawals by each user from each source class in each month shall be limited to an amount that represents each user's share of the total allocation for agricultural irrigation made by the District from that source for that month and in that basin. The District's allocation for agricultural irrigation will be determined based on its evaluation of the supply capabilities of the source class, the supply capabilities of other source classes available in the area, the needs of agriculture and all other users in the area and the District's overall management strategy for handling the uncertainties of future climatological events. The share of the total agricultural irrigation allocation available to each user will be based on any prioritization among crops the District establishes based on economic loss and equity considerations and the acreage and quantity of withdrawals for which the user has been permitted. 6. Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2 :00 P.M. and 3:30 P.M. to 4:00 P.M. (b) Livestock Use Livestock water use shall be voluntarily reduced. (c) Aquacultural Use Aquacultural water use shall be voluntarily reduced. (d) Soil Flooding 1. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to permit harvesting of sod shall be voluntarily reduced. 2. Soil flooding for all other purposes shall be prohibited. (e) Freeze Protection Water use for freeze protection shall be restricted to situations in which official weather forecasting services predict temperatures likely to cause permanent damage to crops. (3) Nursery/Urban Irrigation /Recreation (a) Nursery Use 1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced. 2. Overhead irrigation uses shall be restricted as follows: a. inside - 8:00 A.M. to 8:00 P.M., on odd numbered days. b. outside - 12:01 A.M. to 7:00 A.M., on odd numbered clays. c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers up to and including one gallon in size shall be allowed daily for 10 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M. 3. Flood irrigation systems shall be restricted to 4 days per month. (b) Landscape Irrigation - New Installation 1. For installations which have been in place for less than 30 days and a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 A.M. to 7:00 A.M., Monday, Wednesday and Friday, b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01 A.M. to 7:00 A.M. Monday, Wednesday and Friday. 2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily reduced. 3. Cleaning and adjusting of new Irrigation systems shall be restricted to 10 minutes per zone on a one time basis. (c) Landscape Irrigation - Existing Installation 1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours from 4:00 A.M. to 7:00 A.M. for all types of irrigation, except low volume irrigation, and 5:00 P.M. to 7 :00 P.M. for low volume hand watering only, one day per week. a. Installations with odd addresses shall be permitted to irrigate on Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Sunday. 2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M. to 7:00 A.M., one day per week. a. Installations with odd addresses shall be permitted to irrigate on Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Sunday. 3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten minutes per zone per week. 4. Low volume irrigation uses shall be voluntarily reduced. (d) Recreation Area Use 1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed for new and existing landscape irrigation in paragraphs (b) and (c) respectively. 2. Watering of pervious non - vegetated recreational /sporting surfaces shall be restricted to ten minutes of application prior to each recreational/sporting event. Low volume watering shall be used. (e) Golf Course Use 1. Irrigation of greens shall be voluntarily reduced and shall be accomplished during non- daylight hours. 2. Irrigation of tees shall be restricted to non-daylight hours three days per week. The front nine holes shall be restricted to Monday, Wednesday and Saturday and the back nine holes shall be restricted to Tuesday, Thursday and Sunday. 3. Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be restricted to the hours of 12:01 A.M. to 7:00 A.M. on Saturday. 4. Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be restricted to the hours of 12:01 A.M. to 7:00 A.M. on Sunday. (f) Water Based Recreation Use 1. Water based recreation water use shall be voluntarily reduced. 2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited. 3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking more than one inch of water a day. If the facility is leaking more than one inch of water a day and is in need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled. (4) Miscellaneous (a) Cooling and Air Conditioning Use The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to maintain a minimum temperature of 78 degrees Fahrenheit. (b) Dewatering Use Discharge of fresh water to tide from dewatering shall be! prohibited. (c) Navigation Use 1. The District shall request the U. S. Army Corps of Engineers to restrict its lockages to maintain acceptable chloride concentrations upstream of the locks and to conserve water. 2. In the case of the Franklin Lock and Dam, the District ,shall request the U.S. Army Corps of Engineers to restrict lockages to once every four hours if: a. chloride levels upstream of S -79 are 180 parts per million or higher and b. a rainfall in excess of one inch in 24 hours is not predicted in the surface water use basin within the next 48 hours. 3. If the restrictions imposed in subparagraph 2. are insufficient to stop the rising chloride levels, the District shall request the U. S. Army Corps of Engineers to further restrict lockages to once every four hours, twice per week. 4. If the restrictions imposed in subparagraphs 2. and 3. are still insufficient to stop the rising chloride levels, the District shall request the U. S. Army Corps of Engineers to prohibit lockages. (d) Other Outside Uses 1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be prohibited. 2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning, Monday through Friday. 3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1, using only low volume mobile equipment washing methods and shall be conducted over a pervious surface or In an area that Immediately drains to a pervious surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for each boat. 4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted to be washed on Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Sunday. (e) Aesthetic Use 1. Outside aesthetic uses of water shall be prohibited. 2. Inside aesthetic uses of water shall be prohibited. Specific Authority 373.044, 373.113 F.S. Law Implemented 373.175, 373.246 F.S. History--New 5- 31 -82, Amended 1- 26 -86, 2 -14-91. o' C` n °c a a a a 0 r* � O O 0 � o C � � O � o rh vo Was t n 0 ...1 eb o.n O � N OD co �g v �D CL O O L O 0 voilar� 0 eD -c 70 n ro H r� tA tA SU m eD 'M cu c r. H H 0 a m M a m v M 0 m v C Z m �v H 0 m V m 0 0 ..r C a a. m A H m E H 0 m a a. 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