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HomeMy WebLinkAboutAgenda Council Agenda 070303City of Palm Beach Gardens Council Agenda July 3, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 3, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. (Page 4 Update regarding City Entryway Signage / City Logo VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 78) Resolution 116, 2003 — Interlocal Agreement with the Town of Juno Beach. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Town of Juno Beach for building inspection services; and providing an effective date. b. (Page 88) Resolution 117, 2003 — Contract Award to Dunsworth Construction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the construction of the hardscape improvements associated with the Allamanda drive traffic - calming project to Dunsworth Construction, Inc.; and providing for an effective date. C. (Page 148) Resolution 119, 2003 — Agreement with Seacoast Utility. A Resolution Of The City Council Of The City Of Palm Beach Gardens, Florida approving an agreement with Seacoast Utility Authority for use of a utility easement; and providing an effective date. IX. PUBLIC HEARINGS: PART I — QUASI- JUDICIAL a. (Page 155) Resolution 71, 2003 — Site Plan Amendment for Parcels 27.05/06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for Parcel 27.05/06 within the Regional Center Development of Regional Impact (DRI) to allow the replacement of a 24,500 square -foot two -story office building 2 with two single - story office buildings known as buildings 8 and 9 with a total square footage of 19,978; providing for conditions of approval; providing for waivers; and providing an effective date. X. RESOLUTIONS: a. (Page 197) Resolution 100, 2003 - Architectural Design Guidelines Adoption. A Resolution of the City Council of the City Of Palm Beach Gardens, Florida adopting Architectural Design Guidelines for non - residential development within the City; and providing an effective date. XL ORDINANCES: (For Consideration on First Reading) a. (Page 218) Ordinance 20, 2003 - Architectural Design Guidelines LDR Change. An Ordinance of the City Council of the City Of Palm Beach Gardens, Florida relating to Architectural Design Guidelines for non - residential development; creating a new section 78 -192, Code Of Ordinances to be entitled "Architectural Design Guidelines for Non - Residential Development "; providing for codification; and providing an effective date. XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: XIIL CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, 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 NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 18, 2003 Meeting Date: July 3, 2003 Subject/Agenda Item: City Manager's Report - Update regarding City Entryway Signage /City Logo. As directed by the City Council through the City Manager, the staff's Spirit Team has put together a proposed program for new entryway signage. The purpose of this report is to present the Spirit Team's approach with options as well as a recommendation for design for Council consideration. [ X j Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney City Manager's Office [ ] App roved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Spirit team workbook Table 13 PowerPoint presentation Submitted by: [ X ] Not Required Sheryl Stewart Assistant to City Manager DepartiOnt Director Affected parties [ ]Notified Budget Acct. #: [ ] None Approved by: City anager [ ] Not required Date Prepared: June 18, 2003 Meeting Date: July 3, 2003 • BACKGROUND: During the City Council meeting on October 17, 2002, there was a workshop regarding city signage for three developments along Donald Ross Road. Specifically, these projects were the Legends at the Gardens (southwest corner of Central Blvd.), Donald Ross Village (between Central Blvd. and Military Trail). and Evergrene (between Military Trail and Alt. AIA). The Council decided they wanted to consider a new entryway sign design for their approval, and accepted the City Manager's suggestion to have the staff's Spirit Team put together the approach and recommendation for design. The design approved by Council would then be used for all entryway signs, including the three aforementioned developments. The Spirit Team consists of employees representing each City department. Many of the employees are also residents of the City. The Team works on a variety of projects and events which build pride among employees and positive identification with the City as a whole. The Team has met regularly since October 2002 to work on this project. As they discussed what to put on the sign, the employees considered numerous different "logos" within the City including those used by our departments, which all vary from one another. There was consensus that the entryway sign needed to communicate a cohesive, consistent image which accurately reflects the core values of the City today, building on our history vet allowing for the possibility of growth and change for the future. • ACTION PLAN: The following is the proposed action plan for the project. Tasks Target Completion Date Phase I Develop a logo design for Council approval. Determine what will appear on the sign. 7/3/03 Phase II Determine how the logo design selected by Council will be built as a ground sign structure. Develop a proposed conceptual sign package including estimated costs, dimensions, materials, colors, lighting, landscaping and maintenance. Present to the Beautification and Environmental Committee and the Planning and Zoning Commission during September and to City Council for final approval. 10/2/03 Phase III Commission a structural designer to provide construction drawings with specifications for the three developments on Donald Ross Road. Obtain cost estimates based on the construction drawings. 12/1/03 It is anticipated that the above action plan could be completed within the two -year timeframe requested by City Council. If the Council desires to install entryway signage in other locations throughout the City, we would need to establish a program with a budget for such signs and conduct an RFP process because each site will have its own specifications. • DISCUSSION: The Team worked on the first phase of this project by using a business approach called corporate branding and identification, which involves developing a message captured in graphic format as a logo and tag line that could then be used to promote the City through many items (i.e., entryway signs, stationary, business cards, maps, press releases, publications, newsletters, uniforms, vehicle decals, brochures, business recruitment packages, etc.) To assist the Team with this task, staff retained a professional graphic designer, Patty Doherty, and her company Table 13 which specializes in building corporate identity packages and logos. Ms. Doherty, a long time resident of Palm Beach Gardens, has clients locally and internationally including for example, the Flagler Museum, TooJays, Anspach, and AmeriPath. Attached is the workbook which shows the Team's thoughts regarding the City's unique qualities and values, as well as how those thoughts could translate into a logo. There was consensus of the Team that the logo would need to honor the past but look to the future. One of the consistent images that appeared in the workbook was the City's historic Banyan Tree located in the heart of the City on MacArthur Boulevard. The tree became a common theme and a focus of discussion regarding an entryway sign because of its significance in the community. It is living, growing and ever - changing, yet rooted in our history and reflective of the family- oriented, naturally beautiful City distinct from other cities. The Team felt the tree could symbolize the importance of green open spaces which City Council and staff work proactively to preserve and enhance as the City develops. The tag line selected for the tree design was, "Rooted in Promise. Grown with vision." A second image that appeared consistently in the workbook was a shield. This design shows the unique, cosmopolitan yet close -knit community which the Team felt was important to communicate. It reflects the City's elegance, style, pride, carefully designed and well - planned community. The Team also felt the shield could present a governmental look, with the circle symbolic of the tropical sun as well as unity which is important to our community. The arms extending out from the circle could represent all of the City departments reaching out to the community. The tag line selected for the shield design was, "Where life meets style." After much discussion, there was consensus to present both the tree and shield logos and tag lines to City Council as options because they were felt to encompass the "spirit" of the City (see flagged pages in the attached workbook). However, a majority of the Team voted to recommend that Council select the tree design. On June 4, 2003, the Team presented the workbook with the logo design options to department managers and other employees. There was an informal vote taken of staff who attended the presentation, and the tree was the design selected. • MISCELLANEOUS: Staff and Ms. Doherty met with a representative from a local sign company, Baron Sign Manufacturing, to determine if either of the two options being presented to City Council would be problematic in signage. The representative indicated that both could work. They also discussed that the sign would be built to meet City Code requirements (maximum size 60 sq. ft., height 10 ft., width 15 ft.). Ms. Doherty has also advised that both logo options could be printed and reproduced effectively in color as well as black and white. • STAFF RECOMMENDATION: To approve as the City's marketing logo and for entryway signage the City's historic banyan tree design with the tag line "Rooted in promise. Grown with vision," and to direct staff to proceed with developing the conceptual plan/sign package based on the selected logo design. The plan will address estimated costs, dimensions, colors, lighting, materials, landscaping, irrigation, maintenance and other specifications that would be needed to construct the sign. The conceptual plan will be brought back to City Council for approval. • ATTACHMENTS: ➢ Staff report dated September 16, 2002 re: City signage for pending projects ➢ Minutes of the October 17, 2002 Regular City Council Meeting ➢ Table 13 and Palm Beach Gardens' Spirit Team logo design workbook, with the recommended options marked by the flagged pages. • SPIRIT TEAM / CITY ENTRYWAY SIGN /LOGO PROJECT MEMBERS: Andrea Levinson, Public Works Anne Miller, Police Ann Schilling, Community Services Carrie Ann Myers, Marketing Christy Wolnewitz, Recreation Dolores Key, Economic Development Eileen Stephenson, Fire Melissa Prindiville, Growth Management Patricia McClung, Human Resources Rossalind Breland, Finance Susan Costa, Parks Sheryl Stewart, City Manager's Office Y CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: September 16, 2002 THROUGH: Charles Wu, Growth Management Administrator FROM: Mark Hendrickson, City Forester M1W SUBJECT: Workshop: City Signage for Pending Projects Three pending development applications along Donald Ross Road have raised the opportunity for City gateway signage in this area. Specifically, these projects are the Legends at the Gardens (southwest corner of Central Blvd. and Donald Ross Rd.), Donald Ross Village (between Central Blvd. and Military Trail, south side of Donald Ross Rd.), and Evergrene (between Military Trail and Alt. AlA, south side of Donald Ross Rd.). As a matter of policy, staff has indicated to developers during the review and approval process the City's desire to locate City gateway signs consistent with the 1997 map generated by the Beautification and Environmental Committee (B &E). The only change to the map is the recent direction from City Council to potentially have a sign located at the potential interchange at Central Boulevard and I -95. We believe it is an appropriate time to seek direction from City Council on the sign program, so City staff can inform the developers and maintain some consistency along our northern City boundary. Staff needs direction on the following: • Does City Council want a gateway sign on both sides of Central Boulevard, both sides of Military Trail and west side of Alternate AIA? For a gateway sign to be effective for both sides of Central Blvd. and Military Trail, the size, height, and setback need to be carefully considered and coordinated between the three projects. • Does City Council want to keep the existing gateway design or have the development community design a new gateway sign for City approval? If the City Council desires a new gateway design, is it the City Council's desire to have both the P &Z Commission and B &E Committee review this new design? The design approved by the City Council will dictate all entryway design for three aforementioned site plans. • Is it the City Council's intent for developers to install, landscape, light and maintain such signage? Workshop: City Signage September 16, 2002 Page 2 • When does City Council want the gateway signs installed? There is a timing factor associated with processing a new gateway design since all three projects are in various stages of approval. Staff looks forward to your discussion and guidance. Cc: Ron Ferris, City Manager Sheryl Stewart, Asst. to City Manager Hank Skokowski, UDS Ed Tombari, Senior Planner Kara Irwin, Senior Planner Talal Benothman, Principal Planner VU-j CITY OF PALM BEACH GARDENS MEMORANDUM r_. • i �1 f�lt� i TO: Sheryl Steward, Asst. to City Manager DATE: 12/31/01 APPROVED: Charles K. Wu, Growth Management Director a(,- FROM: Mark I. Hendrickson, City Forester "1114 SUBJECT: City Sign Pro In 1997, City Council reviewed three Beautification and Environmental Committee recommendations concerning what is now considered the "City Sign Program." At that time, it was.recognized that two signs could be useful. One type sign should designate the City's boundary limits, and one could be more of a "gateway" sign. The City Council agreed with potential sign locations, but changed the installation priority. Attached is a City map that indicates potential sign locations. There was also an unwritten policy that as projects came up for review around the City's boundary limits, City staff would request gateway sign locations. The reason for the request is because the City limit sign, which is a small FDOT sign, would be replaced with the much larger monument sign. Through the work of LBF &H and the Public Works Department, several FDOT signs were permitted and installed by 1998. Examples of this sign are still existing south bound on I -95 south of Donald Ross Road and north bound on Alt. AIA at the C -17 canal. This work was not finished and more can be permitted and installed. In July of 1997, City Council approved locating a mock -up version of the "gateway" sign at the southeast corner of PGA Boulevard and the Ronald Reagan Turnpike interchange. The City Council did change the original design to include a curved back behind the leaves. This sign was funded by an agreement made between the City Council and the developer of the Devonshire Nursing Home in the PGA National Commerce Park. This sign was not constructed until late 2000 due to cost constraints. It should be noted that consideration was made to use art-in- public places funds for this signage. The Art Advisory Committee objected to using art funds because signs are considered functional art rather than the more preferred abstract art. Since then, two other potential sign locations have been tacked on to project approvals, but not funded. These are the Costakos property on Northlake Boulevard and City Centre on US 1. By August of 2000, the City had installed two small gateway signs, using the design of the larger gateway sign, through the work of the Neighborhood Initiative Task Force group, which later formed the Gardens Neighborhood Association. One is located at the corner of Military Trail and Arbor Way, while the other is located at Lighthouse Drive just west of the railroad tracks. In conclusion, unless different direction or studies are forthcoming, the small and large gateway sign design, permitted FDOT City limit sign, and the location map are the foundation of the City's Sign Program. I would suggest that there should be one person in charge of the City Sign Program. Of course, a lot more can be done, if priorities can be determined and these signs can be funded. y:.! ��::_ I o f S i f t ., ��1 'N i�'. 4�� ,.: ., :� i i r� � �Yr CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/17/02 was in- house. Councilmember Russo favored changing the charter so that the City Attorney would report to the City Manager and that an RFP for in -house legal services be put out before a decision was made. Discussion ensued. Consensus was that individual attorneys should be considered as well as firms. Staff was directed to bring back at the next meeting an estimate of how long would be needed for this process and explain whether the same process used ten years ago would work now, which was having both individuals and firms present proposals to provide in -house and out -of -house legal services. Workshop Regarding Ordinance 37, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) by demolishing an existing 10,008 square -foot retail building, creating a new 35 -car parking pocket, adding a new 6,000 square -foot retail building alongside U.S. Highway One, and reducing the overall square footage o f t he s hopping c enter, l ocated a t t he n ortheast c orner o f P GA B oulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Planner Jackie Holloman advised that the Growth Management Director on October 14 had granted approval administratively per City Council direction to demolish an existing 10,008 square foot retail building and create a new 35 -car parking pocket. It was noted that at that meeting Council had voted 3 -1 to place Ordinance 37, 2002 on first reading. City Council had requested that an update be provided by the applicant at this meeting. Bruce Arthur spoke on behalf of the applicant and presented architectural changes to the outparcel building. Direction from the City Council was to enhance the outparcel building with architectural changes to address all four sides, which were to be presented at the next City Council meeting. Workshop Regarding Cijy EnWr wgy Signage —. City Forester Mark Hendrickson presented the gateway sign in front of Shoppes on the Green, and showed photographs of the locations chosen by City Council for other gateway signs. Discussion ensued regarding using the City seal in the gateway signage, setting design criteria, and how to obtain designs. 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[X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner: Building Division Costs: $ N/A [ ] App. w/ conditions Talal M. Benothman, AICP Project Manager: Total [ ] Denied City Attorney: [ ] Continued to: 4;4�c $ N/A Jack Hanson Current FY Building Official Christine P. Tatum Funding Source: Growth Management Advertised: NA Attachments: A mistrator: [ ] Operating Date: Ili Paper: [X] Not Required [X] Other N/A . Resolution 116, 2003 Charles K. Wu, AICP Budget Acct. #: Approved By: NA City Manager Ronal M. Fe is Date Prepared: June 16, 2003 Meeting Date: July 3, 2003 Resolution 116, 2003 Backl1round: In March of 2003, the Town of Juno Beach initiated discussions with the City to determine the feasibility of the City of Palm Beach Gardens to assume all plan review and inspection services for the Town. Several ensuing meetings were held to formalize the details and logistics of the proj ect if it should be implemented. The result was this Interlocal Agreement, which is the subject of this resolution. The staffs of both jurisdictions agree in principle on the mutual benefits of such an agreement and recommend its approval. It should be emphasized that the primary functions of the Building Division will not be diminished or redirected as a result. We will ensure that adequate resources are available to properly implement this jurisdictional agreement, while maintaining our levels of service to our primary customers. Based on the past and projected workload for the Town, the agreement will require the hiring of one (1) additional building or combination inspector. The agreement is expected to take effect upon both jurisdictions signing the agreement. With the necessary advertisement and hiring process, we expect the staff increase should occur about October 1, 2003, to coincide with the FY 2003 -04 budget. This staff person will be in addition to the one (1) inspector already requested in the FY 03 -04 budget for the Building Division. Based on data from Juno Beach for FY 2002, we should garner between $80,000 - $100,000 in permit fees to offset the expenditures of the additional staff, overhead and necessary resources. G: Interlocal.Juno Bch 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 18, 2003 Resolution 116, 2003 RESOLUTION 116, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF JUNO BEACH FOR BUILDING INSPECTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Town of Juno Beach lacks the personnel to provide building inspection services within its corporate limits;' and WHEREAS, the City of Palm Beach Gardens has the necessary personnel and resources to provide such inspection services on behalf of the Town of Juno Beach; and WHEREAS, the City wishes to enter into the Interlocal Agreement with the Town of Juno Beach; and WHEREAS, such Interlocal Agreement has been prepared is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Interlocal Agreement with the Town of Juno Beach for building inspection services and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 ATTEST: 10 11 12 BY: 13 Patricia Snider, City Clerk 14 15 16 APPROVED AS TO FORM AND 17 LEGAL SUFFICIENCY 18 19 20 BY: 21 Christine P. Tatum, City Attorney 22 23 24 25 26 27 VOTE: 28 29 MAYOR JABLIN 30 31 VICE MAYOR SABATELLO 32 33 COUNCILMEMBER CLARK 34 35 COUNCILMEMBER RUSSO 36 37 COUNCILMEMBER DELGADO 38 39 40 41 42 43 44 45 46 47 G: \attorney_share \RESOLUTIONS \JUNG BEACH INTERLOCAL AGMT- bldg inspection svcs.doc Date Prepared: June 18, 2003 Resolution 116 , 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT 2 AM 'i INTERLOCAL AGREEMENT TO PROVIDE BUILDING INSPECTION AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into this day of , 2003, by and between the Town of Juno Beach, a municipal corporation organized and existing under the laws of the State of Florida ( "Town ") and the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ( "City,). WITNESSETH: WHEREAS, the Town lacks the personnel to provide building inspection services within its corporate limits; and WHEREAS, the City possesses the necessary personnel and resources to provide such inspection services on behalf'of the Town; and WHEREAS, the Town has determined that it is in the best interests of the health, safety, and welfare of its residents to contract with the City to provide building inspection services; and WHEREAS, Section 163.01, Florida Statutes, allows local government to make the most efficient use of their powers by enabling them to cooperate, with each other on the basis of mutual advantage and thereby provide services and facilities in a manner that will best serve the needs of each unit of government. NOW, THEREFORE, in consideration of the mutual obligations set forth below, and other good and valuable consideration, the Town and the City agree as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Purpose. The exclusive purpose of this Interlocal Agreement is to provide the Town with the expertise and assistance of the City's Building Division for plan review and the inspection of construction projects within the Town's corporate limits. SECTION 3. Definitions. When used in this Agreement, the following terms shall have the meanings set forth below: Building Official means the City of Palm Beach Gardens Building Official or his /her designee. Code means the provisions of the Florida Building Code, as it may from time to time be amended, and any local amendments thereto. Division means the City of Palm Beach Gardens Building Division. Fees mean fees charged as a condition for issuance of a building, electrical, or plumbing permit and /or the inspection fee charged for inspection of work. Inspector means any licensed building inspector employed by the City. Permit means a permit issued by the Town for any construction work. Permitee means any individual, corporation, or other business entity applying for and /or holding a valid permit. SECTION 4. Procedure for Submittal of Plans and Issuance of Permits. 4.01 All construction plans shall initially be submitted to the Town by the Permittee, and the Town shall review the plans for compliance with all Town ordinances and the Town's Land Development Regulations. 4.02 The City shall provide the Permittee with the City- approved application forms and fee schedule. 4.03 The City shall review and process the plans for compliance with the Code, and shall determine all necessary subsidiary permits and the amount of any such fees. All permits and :certificates of occupancy shall be prepared by the City and issued by the Town. 4.04 The Town and the City shall Work together to formulate a procedure for the submittal and review of plans, the scheduling of inspections, and the issuance of permits and certificates of occupancy. This procedure may be amended, as necessary, by the mutual agreement of the Town and the City without the necessity of amending this Agreement. 2 SECTION 5. Transitional Provisions. The parties agree that any permits prepared by Palm Beach County and issued by the Town prior to the effective date of this Interlocal Agreement will continue to be the responsibility of the County with regard to inspections and issuance of certificates of occupancy. SECTION 6. Obligations of the Town. 6.01 The Town shall be solely responsible for the enforcement of violations of the Code by persons engaged in construction within the Town. 6.02 The Town shall retain primary responsibility for the administration and processing of all consumer inquiries. The Town shall forward to the Building Official only those inquiries concerning the plan review and inspection process, and all others shall remain the responsibility of the Town. SECTION 7. Permit Fees. As compensation for processing the construction plans and performing building inspections within the Town, the City shall retain one hundred percent (100 %) of all permit fees established by Resolution of the City, as they may from time to time be amended. The Town shall retain an administrative fee established by the Town, which shall be in addition to the permit fees. The Town shall collect all applicable fees and transmit such fees to the City on the first day of each month. SECTION 8. Term. This Agreement shall be for a term of one (1) year and shall automatically be renewed unless either party gives written notice of its intent not to renew thirty (30) days prior to the expiration of the applicable term. Notwithstanding the foregoing, either party may terminate this Agreement for any or no reason with sixty (60) days' written notice. Any fees paid to City for inspection services that are not completed shall be prorated in accordance with the percentage of inspection completed, and any excess shall be refunded to the Town. SECTION 9. Indemnification. The parties acknowledge that they are both governmental entities governed by the provisions of Section 768.28, Florida Statutes. Without waiving any provisions provided therein, the parties agree that each will, to the extent permitted by law, be responsible for any damage caused by or arising out of the negligence or willful misconduct of its employees or agents. 3 V SECTION 10. Notices. All notices required or contemplated by this Agreement shall be in writing and shall be hand - delivered or mailed certified mail, return receipt requested to the following addresses: For the Town: Town of Juno Beach 340 Ocean Drive Juno Beach, Florida 33408 Attention: Town Manager Copy to: Juno Beach Town Attorney Boose Casey Ciklin et al. 515 N. Flagler Drive, 17th Floor West Palm Beach, Florida 33401 For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager Copy to: Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Palm Beach Gardens Building Official 10500 North Military Trail Palm Beach Gardens, Florida 33410 SECTION 11. Miscellaneous Provisions. 11.1 This Agreement shall not be assigned or transferred by either party without prior written consent. 0 41 11.2 All officers and other persons employed by the City and the performance of the services, functions, and responsibilities described and contemplated herein are deemed City employees or appointees during the duration of this Agreement and shall not, under any circumstances, be considered employees of the Town. 11.3 This Agreement constitutes the - entire understanding of the parties. It may not be modified, or any of its provisions waived, unless such modification and /or waiver is in writing and is agreed to be signed by both parties. 11.4 Nothing contained in this Agreement shall be construed to constitute or transfer powers in any way whatsoever. 11.5 Should any provision of this Agreement be declared invalid by a Court of competent jurisdiction, same shall be deemed stricken herefrom and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been a part hereof. 11.6 This Agreement shall be signed in triplicate and filed for record by the Town with the Clerk of the Circuit Court of Palm Beach County in accordance with Section 163.01, Florida Statutes. (The remainder of this page left intentionally blank) 61 IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above. ATTEST: Allison J. Jaramillo, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: EM Greg Kino, Town Attorney ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Christine P. Tatum, City Attorney TOWN OF JUNO BEACH, a Florida municipal corporation By: Robert C. Blomquist, Mayor CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor G:\ attorney _share\AGREEMENTS\Interlocal Agreement - building insp (FINAL).doc 0 RLCERVED JUN 2 3 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117, 2003 Subject/Agenda Item: Resolution 117, 2003 — Consider a contract Award to Dunworth Construction, Inc. for the construction of the hardscape improvements associated with the Allamnda Drive Traffic Calming project Via a piggyback on the Town of Lantana "Bid for Annual Contract for Various Concrete Construction Projects" [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: 4F Costs: $110.101.36 Council Action: Todd Engle, P. (Total) Civil Engine City Attorney Community Services Department [ ]Approved $110.101.36 [ ]Approved wl Current FY conditions City Engineer [ ] Denied Advertised: Funding Source: [ ] Continued to: Finance Director Date: [ X ] Operating Attachments: Paper: [ ] Other Resolution 117, 2003 • Allamanda Traffic Calming Exhibit A • Dunworth Construction, Inc. Proposal Exhibit B • Town of Lantana Agreement, Dated January 23,2002, Exhibit C • Letter of Acknowledgement Su [ l Not Required Jack Doughn Community Servic Administrator Department Director Affected parties [ ] Notified Budget Acct. #: 026 - 0900 - 519.6300 ( ] None Approved by: City Manager [ ] Not required Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117,2003 BACKGROUND: Currently, Burns Road is being widened in an effort to alleviate traffic congestion within the City by providing an alternate east -west thoroughfare to PGA Blvd. Due to the increased traffic capacity of Burns Road the Siena Oaks Homeowner's Association, Inc requested that certain traffic calming measures be constructed to lessen the impact to the Siena Oaks neighborhood, including a traffic circle, pedestrian walkways, lighting, hardscape and landscape. The City and Siena Oaks Homeowner's Association, Inc. entered into an agreement for the City to design and construct these improvements. The Traffic Calming plans have been completed to the satisfaction of the City and the Siena Oaks Homeowner's Association, Inc. and Dunworth Construction, Inc. has provided prices for the hardscape improvements associated with the project based on an ongoing contract with the Town of Lantana (Annual Contract for Various Concrete Construction Projects). STAFF RECOMMENDATION: Approve Resolution 117, 2003 authorizing the execution of an agreement for construction of the hardscape portion of the Allamanda Drive traffic calming via the Town of Lantana Annual Contract for Various Concrete Construction Projects, dated January 23, 2002. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 18, 2003 RESOLUTION 117, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AWARDING A PIGGYBACK CONTRACT FOR THE CONSTRUCTION OF THE HARDSCAPE IMPROVEMENTS ASSOCIATED WITH THE ALLAMANDA DRIVE TRAFFIC - CALMING PROJECT TO DUNWORTH CONSTRUCTION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to construct traffic - calming improvements for Allamanda Drive as part of the Burns Road project as outlined in Exhibit "A "; and WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City has received a quote from Dunworth Construction, Inc., a copy of which is attached hereto as Exhibit "B "; and WHEREAS, the City Council of the City, of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract to Dunworth Construction, Inc. based on an agreement executed by the Town of Lantana effective January 23, 2002, a copy of which is attached hereto as Exhibit "C "; and WHEREAS, the City is in receipt of written confirmation executed by a duly authorized officer of Dunworth Construction, Inc. that the company agrees to be bound by the terms and conditions specified therein and the terms of such agreement, a copy of which is attached hereto as Exhibit "D "; and WHEREAS, based on the recommendation of City staff, the City wishes to award a contract to Dunworth Construction, Inc. to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a contract for the Construction of hardscape improvements associated with the Allamanda Drive traffic - calming project to Dunworth Construction, Inc. in the amount of $110,101.36 and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with Dunworth Construction, Inc. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 18, 2003 Resolution 117, 2003 SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY G3% Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COU NCI LM EMBER RUSSO COUNCILMEMBER DELGADO day of 2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \piggyback - dunworth - reso - 2003.doc 2 -milli Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117, 2003 EXHIBIT A Allamanda Drive Traffic Calming Plan r--- - - - - -- _� -- T L g I. �I I�^ •ppb � y21 11 d 8 I I i 1� 3elaa rmvrtrrrrr I O J Q U N rr - - - - -- -- 1 / sal I Eo 3yI GY 1. 1 1 1 0 1 � 1 `I s 4 , Ind 1 S10P \ 1 III / I 1 I 1 -,III x - w n ilnn I I I I I 11 I I z NYM 1131I]N65 \ m �� ' o ' II G IIhY' c �z G I11 `n II II I 00 +0L WAN I I I G n n -_ W . F jj G� 1 id rn C a U E co< oa o` CO � ao Oa Uv�4E� jN $i i u S wil 0 1�-8 . p os TOMS ----- -_- - -- ....... .... NX - — — — — — — — — -- all] W co o ho co LI) MpIV Cz m.0 E co 9-41 Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117, 2003 EXHIBIT B Dunworth Construction, Inc.'s Allamanda Drive Traffic Calming hardscape Improvement Proposal 4:Ruxr.£rvx-t# (Claxrs #zurt %uir, �lrc_ CONTRACT 05/20/03 SUBMITTED TO: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLA. 33410 ATTN: TODD ENGLE PHONE:(561) JOB SITE ALLAMANDA DR, TRAFFIC CALMING PROJECT / FAX(561) 775 -8279 * WE HEREBY PROPOSE TO SUPPLY LABOR AND MATERIAL FOR THE FOLLOWING SERVICES: * REMOVE EXISTING ASPHALT, FORM AND POUR TO GRADE 6" STAMPED CONCRETE: APPROXIMATELY 723 S.Y.@ $ 50.00 P.S.Y. $ 36,250.00 • REMOVE EXSISTINGASPHALT, FORMAND POUR TO GRADE TYPE "F" CURB: APPROXIMATELY 513 LN. FT. @ $ 49.50 P.S. Y. S 5,643.00 • REMOVEEXSISTINGASPHALT, FORM AND POUR TO GRADE TYPE "D" CURB: APPROXIMATELY 487 LN.FT.@ S 119.30 P.S.Y. S 4,260.60 • REMOVE EXSISTING A SPHAL T, FORMAND POUR TO GRADE TYPE "P HEADER" CURB: APPROXIMATELY 1,910LN.FT. @S 119.30 P.S. Y. $25,31 &11 • REMOVE EXISTING ASPHALT, FORMAND POUR TO GRADE TYPE "VALLEY" CURB. APPROXIMATELY 115 LN.FT.@ S 163.71 P.S.Y. S 4,183.69 • REMOVE EXISTING GRASS OR ASPHALT, FORM AND POUR TO GRADE 4" CONC. SIDEWALK: APPROXIMATELY 47.99 S.Y.@ $ 30.00 P.S Y. S 1,439.70 * SAWCUTASPHALT. APPROXIMATELY2,000 LN.FT.@ $ 3.50 P.LN.FT. $ 7,000.00 *REMOVE EXISTING CONCRETE SIDEWALK PANELS APPROXIMATELY 108 6`X6` PANELS TO ALLOW FOR INSTALLATION OF STREET LIGHTING PULL BOXES, FORMAND POUR TO GRADE S" CONC. SIDEWALK. APPROXIMATELY 432 S. Y.@ S 31.00 P.S.Y. $ 13,392.00 * MOBILIZATION: $12,614.26 TOTAL APPROXIMATE PRICE: $ 110,101.36 ALL WORK WILL BE DONE IN A PROFESSIONAL MANNER ACCORDING TO STANDARD BUILDING CODES AND SPECIFICATIONS. PAYMENT SCHEDULE: WEEKLY DRAWS ACCEPTANCE OF PROPOSAL: THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 10 DAYS. DUNWORTH CONSTRUCTION, INC. IS NOT RESPONSIBLE FOR DAMAGE TO POOL PLUMBING, ELECTRICAL OR STRUCTURAL, ANY UNDERGROUND LINES, PLUMBING, ELECTRICAL ETC.... AUTHORIZED SIGNATURE DATE: CITY OF PALM BEACH GARDENS AUTHORIZED SIGNATURE DATE: DUNWORTH CONSTRUCTION, INC. 6346- 65'"31d Lantana Rd., Lake Worth, Fla. 33463 Office (561) 966 - 0089 /Fax (561) 784- 4972 Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117, 2003 EXHIBIT C Town of Lantana Annual Contract for Various Concrete Construction Projects, dated January 23, 2002 �I � �-a� -7 �•�Oa' � WIC { 0.:. .. -., 1 Y( -�var _y t j � "^` '�•.`c`- sue. � Yx { .. .. _ • • 1 e.•... ..fir... ....•�.. .. ..,__�� � -, .. ._... _.. 1. / ".1 .own OT [.Uri !. c 00 Greynolds itana, Florida Nnvpmbpr 2C Addendum 1 for Various Concrete Construction Projects For the Bid Schedule on Page 17, # 18 — 2% TYPE 'T" REMOVE EXISTING CONCRETE /ASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR, Should read PER SQUARE YARD. Addendum 2 for Various Concrete Construction Projects For the "Instructions To Bidders" on Page 9, # 15 SECURITY FOR FAITHFUL PERFORMANCE, paragraph # 15.1; please replace "successful Bidder shall deliver to the Owner/Town a fully executed Construction/Performance Bond in the amount of $100,000.00" with "a successful Bidder shall deliver to the Owner/Town proof that a Construction/Performance Bond up to the amount of $100,000.00 is obtainable" TABLE OF CONTENTS 1) TOWN OFFICIALS 2) ADVERTISEMENT FOR BID 3) CONTRACT REQUIREMENTS a) Instructions to Bidders b) Bidder's Proposal C) Bid Schedule 4) AGREEMENT 5) NOTICE OF PUBLIC ENTITY CRIMES LAW 6) AGREEMENT OF OFFICER OF BIDDER EXECUTING PROPOSAL IF A CORPORATION 7) AGREEMENT OF BIDDER EXECUTING PROPOSAL IF A PARTNERSHIP 8) PUBLIC CONSTRUCTION BOND 9) OPINION OF TOWN ATTORNEY 10) WARRANTY OF TITLE 11) FINAL RELEASE OF LIEN 12) TECHNICAL SPECIFICATIONS a) General Requirements- Section 01 b) Summary of Work Section 02 C) Measurement and Payment- Section 03 d) Execution- Section 04 13) STANDARD DETAILS LIST OF TOWN OFFICIALS TOWN OF LANTANA, FLORIDA PROJECT NUMBER MAYOR DAVID J. STEWART VICE MAYOR LOUIS M. CANTER MAYOR PRO TEM VINCE THOMAS COUNCIL MEMBERS RONALD S. EDWARDS ELIZABETH TENNYSON TOWN MANAGER MICHAEL BORNSTEIN DIRECTOR OF OPERATIONS THOMAS LUNDQUIST ADVERTISEMENT FOR BIDS The Town of Lantana will be accepting Bids for an Annual Contract for Various Concrete Construction Projects. Bid specifications may be obtained at Lantana Town Hall, Town Clerk's Office, 500 Greynolds Circle, Lantana, as of November 13, 2001 between the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday. Sealed Bids must be clearly marked "Bid for Annual Contract for Various Concrete Construction Projects" and will be accepted until 2:00 pm on Tuesday November 27, 2001. Bids will be publicly opened and read aloud in the Lantana Council Chambers at 500 Greynolds Circle, Lantana, Florida at 2:00 p.m. on Tuesday November 27, 2001 or soon thereafter as is practical. It is the responsibility of the Bidder to insure that all pages are included. Therefore, all Bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Mike Greenstein, Project Manager, at (561) 540- 5766. The Town of Lantana is exempt from Federal and State Taxes for tangible personal property. Bids shall be accompanied by proof of $100,000.00 Construction/Performance Bond Capacity. No Bid accepted may be withdrawn for a period of thirty (30) days after receipt. Further instructions and conditions are stated in the bidding documents. THE WORK TO BE PERFORMED CONSISTS OF FURNISHING ALL LABOR, EQUIPMENT AND MATERIALS FOR VARIOUS CONCRETE CONSTRUCTION PROJECTS. The Town of Lantana reserves the right to reject any or all Bids, to waive technicalities and/or irregularities, and to award a contract to the Bidder whose proposal best serves the interests of the Town, in the sole discretion of the Town. PUBLISH: November 11, 2001 Palm Beach Post 4 Town of Lantana, Florida /s/ Michael Bornstein Town Manager INSTRUCTIONS TO BIDDERS 1. CONDITIONS OF WORK 1.1 Each Bidder shall have read and be thoroughly familiar with specifications and other Contract Documents. Failure to do so will not relieve the successful Bidder of his/her obligation to furnish all labor, materials, and equipment necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his/her Bid. No effort is made to emphasize any particular provision of the Contract, but Bidders must familiarize themselves with every provision and its effect_ 2. QUALIFICATIONS OF BIDDERS 2.1 The Owner/Town may make such investigations, as deemed necessary to determine the ability of the Bidder to perform the work. The Bidder shall furnish to the Owner/Town within the specified time any additional information for this purpose as the Owner/Town may request. Information which may be requested precedent to considering a contract award may include but not be limited to the following: (a) Certain up -to -date financial statements of the Bidder. (b) ' A list of references of other similar projects the Bidder has completed of comparable cost with addresses, names, phone numbers of references and a description of each project. (c) A copy of various certificates and licenses issued by the State of Florida and local governments, which qualify the Bidder to perform the work. (d) A list of equipment available to the Bidder that will be used on the project. (e) A production schedule based on the number of days provided with the Bidder's Proposal in sufficient additional detail to allow for an evaluation of the Bidder's understanding of the project requirements_ (f) A detailed description of the methods and program of work the Bidder proposes to follow. (g) A list of all proposed subcontractors and similar information as listed in this subsection for any or all proposed subcontractors. (h) Other data as specified and required in the Bidding documents. (i) Verification data regarding the Bidder's Surety. E 5. PUBLIC ENTITY CRIMES NOTIFICATION 5.1 Each Bid associated with work for a public entity must be accompanied by a signed acknowledgement of notification of the Public Entities Crime Law. In the event such acknowledgement is not submitted with the proposal, the Contract will not be awarded until said acknowledgement is submitted pursuant to Section 287.133(3)(a), Florida Statutes (page 23). 6. AUTHORITY TO EXECUTE DOCUMENTS A Bid submitted by a corporation shall be accompanied by a sworn statement, which affirms the authority of the individual who signs the bid proposal to sign such documents. Should a corporate official different from the one who signed the bid proposal sign the Agreement on behalf of the corporation, which is awarded the contract, a separate form shall be submitted with the Contract Documents. A form (page 24) is included in these documents for such purposes. 7. RECEIPTS AND OPENING OF BIDS 7.1 Sealed Bids will be received as stated in the "Advertisement for Bids" and then publicly opened and read aloud. Bids shall be made on the forms enclosed and submitted in a sealed envelope addressed to the Owner/Town and endorsed with the name of the Bidder and the project title. If mailed, the first envelope shall be contained in a second mailing envelope, labeled 'BID ENCLOSED ". The Bidder is solely responsible for any Bid sent through the mail or by any public or private courier. Offers by telephone, telegram or facsimile will not be accepted. 7.2 The Bid time will be scrupulously observed. Under no circumstances will Bids delivered after the time specified be considered. Such Bids will be rejected and returned to the Bidder unopened. 7.3 A Bidder may withdraw any proposal he has submitted at any time prior to the hour set for the opening of the Bids provided the request for withdrawal is signed in a manner identical with the proposal being withdrawn. No withdrawal or modifications will be permitted after the hour designated for opening the Bids. 8. ANALYSIS OF BID PRICES Before award of Contract, the selected Bidder shall furnish to the Owner within ten (10) days of a request to do so, an analysis of the Bid prices quoted by him/her. 9. CHANGES IN PROJECT SCOPE The Bidder is advised that the Owner/Town. reserves the right to delete or add to any items of the work which, in their opinion should be adjusted in order to bring the Contract price within the money budgeted. Assurance is granted that such change which 7 results in lowering the Bid amount will not exceed twenty -five percent (25 %) of the Contract awarded. Changes, which increase the contract amount, shall be negotiated based on contract unit prices or other basis which is acceptable to and agreed by the Contractor and Owner/Town. 10. RIGHT TO ACCEPT AND REJECT BIDS The Owner/Town reserves the right, in the sole and absolute discretion of the Owner/Town, to reject any and all Bids, to waive any irregularities, or to accept that Bid and combination of Bids which, in the Owner's/Town's sole and absolute judgment, will under all circumstances, best serve the public interest. 11. ACCEPTANCE OF BIDS 11.1 No Bid may be withdrawn within thirty (30) days after the scheduled closing time for receipt of Bids. 11.2 Within thirty (30) days after the opening of Bids, the Owner/Town will accept one of the Bids or will act in accordance with Paragraph 10 of this "Instructions to Bidders ". The acceptance of the Bid will be by notice in writing signed by the Owner/Town or their representative, mailed to or delivered at the office of the Bidder designated in the Bid. 11.3 Bidders will not be allowed to modify their Bids, in any way, after the Bid opening time and date. 11.4 Bid files may be examined during normal working hours, after the Bid opening, by appointment. 12. BASIS OF AWARD The award of the Contract, if it is awarded, will be to the most satisfactory responsive Bidder whose proposal shall comply with all requirements necessary to render it formal and which, in the sole discretion of the Owner/Town, will best serve the public interest. 13. BID PROPOSAL FORM 13.1 All material and equipment provided by the Bidder shall be thoroughly adequate for the Work for which it is to be used. Failure on the part of the Bidder to furnish such material or equipment shall be sufficient cause for annulment of the Contract. 13.2 For convenience of description and as a standard for comparison of Bids, certain equipment, materials, etc. have been specified by name or manufacturer, equipment materials, etc., by other manufacturers may be accepted if, in the opinion of the Owner/Town, same is equivalent in quality, characteristics, and workmanship and will perform satisfactorily its intended purposes. 8 I,(-. PREPARATION OF BIDS 14.1 By submittal of his/her Proposal, the Bidder acknowledges his awareness and agreement that: 14.1.1 The Total Base Bid price stated in the Proposal represents full and complete costs of a complete and operable installation; no extra compensation will be -allowed for redesign and changes in construction of structures, piping, buildings, mechanical work, electrical work, accessories, site work, etc., resulting from the Owner/Town's approval of the Bidder's proposals. 15. SECURITY FOR FAITHFUL PERFORMANCE 15.1 Simultaneously with his delivery of each executed Contract, the successful Bidder shall deliver to the Owner/Town a fully executed Construction/Performance Bond in the amount of $100,000.00 as security for faithful performance of his/her Contract and for payment of all persons performing labor or furnishing materials in connection therewith, and having as surety thereon such company or companies approved by the Owner/Town and authorized to transact business in the State of Florida. 15.2 If within ten (10) calendar days after the acceptance of the Bid, the successful Bidder shall refuse or neglect to execute the Contract and to furnish the required Performance Bond properly signed by the Bidder and the Surety or Sureties satisfactory to the Owner/Town, the Bidder shall be deemed to be in default and the Owner/Town reserves the option to accept the Bid of any of the other Bidders within ten (10) calendar days from such default, in which case such acceptance shall have the same effect to such Bidder as though he were the original, successful Bidder. 15.3 If the Bidder is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by duly authorized officer, agent or attorney -in -fact. There should be executed an. appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. The executed bond should be accompanied by (a) duly certified copy of Power -of- Attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or Surety; (b) duly certified extract from bylaws or resolutions of Surety under which Power -of- Attorney, or other certificate of authority of its agent, officer or representative was issued. 9 16. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT Bidder certifies that all equipment, materials, etc., contained in this bid meets all OSHA requirements. Bidder further certifies that, if he is the successful Bidder, and the material, equipment, etc. delivered is subsequently found to be deficient in any OSHA requirement in effect on day of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the Bidder. 17. REGULATIONS AFFECTING THE WORK 17.1 Federal, State, County, and local laws, ordinances, rules and regulations that in any matter affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. 17.2 The Bidder hereby agrees and shall be solely responsible for ensuring that the Contractor and any subcontractors make themselves fully aware of the require- ments of any applicable ordinances, statutes, laws or federal regulations which may affect this project or the Contractor's/Subcontractor's work under this project, including but not limited to safety regulations, minimum wage regulations, and others. The Bidder further agrees that the Owner/Town shall not be responsible for ensuring compliance or notification of any changes or modifications to any such applicable ordinances, laws, statutes, rules, or regulations. Bidders doing business with the Owner/Town are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rates of pay, or other compensation methods, and training selection. 18. CONSTRUCTION RIGHTS 18.1 The Owner/Town has obtained permits, easements, and other construction rights to assure sufficient right -of -way and permission to construct the project. These permits, easements and agreements contain conditions, which are binding upon the Bidder to be employed by the Owner/Town. Copies are available for inspection at 500 Greynolds Circle, Lantana, Florida by all prospective Bidders. Specifically, the Bidder shall be responsible for payment of all costs or charges by other than the Owner/Town for, but not necessarily limited to, the following, and shall have included all such costs in the unit or lump sum prices stated in his Bid: 18.1.1 Licenses required bylaw. 18.1.2 Inspection or construction supervision fees charged by utility companies, railroad companies public authorities, or others. 18.1.3 All charges by others for assistance to the Bidder for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the Bidder's operation. [to] 18.1.4 All costs of restoration of the work site to condition equal or better than that prior to construction. 18.1.5 All costs of restoration of pavements and structures damaged by the Bidder's operation. Likewise,the Bidder shall pay all costs of restoring all work areas and all areas where construction materials are stored, whether new materials to be installed or materials removed from the work area incidental to the work solely to the satisfaction of the Owner/Town. 18.1.6 All public liability, property damage and contractual liability insurance required by others to permit the Bidder's operation. 18.2 Copies of such permits, easements and agreements, if requested, will be furnished to the Contractor prior to commencement of the work. 19. CONTRACTOR'S LIABILITY INSURANCE The selected Bidder shall provide and maintain through the term of this Contract, insurance with all the subject features, in accordance with the instructions given in the General Requirements (pages 35 -36). 20. DOMESTIC MATERIALS The Contractor shall make maximum use of domestic construction materials manufactured in the United States of America. The use of non - domestic construction materials will be permitted only in case of the non - availability of domestic construction materials, and upon written approval of the Owner/Town. 21. COMMUNICATION DURING BIDDING All questions, comments and other communications by material suppliers, vendors, and etc. shall be directed to: Mr. Mike Greenstein, Project Manager Town of Lantana 510 W. Pine Street Lantana, Florida 33462 (561) 540 -5766 (561) 540 -5759 - fax 11 22. HOURS OF WORK The Bidder is hereby informed and understands that the OWNEWFOWN restricts work to between the hours of 7:00 am to 5:00 pm„ Monday through Friday. Therefore, the work is restricted to these hours, unless emergency conditions exist that are endangering life or property, as may be determined by the Owner/Town. If the Bidder desires to work on weekends or holidays, it must be pre- approved on each occurrence by the Owner/Town. Any additional costs incurred by the Owner/Town (Town's staff, Project Manager, etc.) may be charged to the Bidder by the Owner/Town. If the Bidder is authorized to operate equipment 24 hours per day, the engines shall be provided with residential type silencers approved by the Owner/Town. 23. ERRORS In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidders' total will be adjusted accordingly. Bidders must check their Bid proposal where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 24. GRATUITIES It shall be unethical for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content requirement of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular mailer, pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal therefore. 25. KICKBACKS It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or offer. 26. DELETIONS The Owner/Town, at its discretion, may delete certain work items from the contract. If this option is taken, the total dollar amount will not exceed 25% of the total contract amount. 12 27. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and Local Ordinances. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the Owner/Town. Further, all Bidders must disclose the name of any Owner/Town employee who owns, directly or indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any of its branches. 28. RIGHT TO TERMINATE In the event that any of the provisions of the Contract are violated by the successful Bidder, the Owner/Town may serve thirty (30) days written notice upon such Bidder of its intention to terminate the contract. The liability of the Bidder for any and all such violation(s) shall not be affected by any such termination and his/her Surety, if any, may be forfeited. 29. INDEMNIFICATION The Bidder agrees to protect, defend, reimburse, indemnify and hold the Town, it's agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (including attorney fees) and causes of action of every kind and character against or from the Owner/Town by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever or any governmental agency, arising out of or incident to or in connection with the Bidder's performance under any contract awarded pursuant to this Invitation to Bid. However, the Bidder shall not be responsible to the Owner/Town for damages resulting out of bodily injury or damages to property which the Bidder can establish as being attributable to the sole negligence of the Owner/Town, it's respective agents, servants, employees or officers. The indemnification shall include, but not be limited to, suits, actions, or claims brought because of any injuries or damages sustained by any person or property on account of the Bidder's operations in connection with any contract awarded pursuant to this Invitation to Bid; or in consequence of any neglect in performing the work; or because of any act or omission by the Bidder. 13 BIDDER'S PROPOSAL PROPOSAL OF DATE: H ` O I TO: Gentlemen: The undersigned Bidder hereby declares that he has carefully, and to his satisfaction, examined the attached Instruction to Bidders, General Requirements, Technical Specifications, and Form of Contract and Bond, together with the accompanying Plans; and that he/she has made a full examination of the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the proposal form are approximate only; and that he/she will fully complete all necessary work and requirements under them of the Owner/Town, within the time limit specified in this proposal. The undersigned hereby declares that subject to provisions of the State Statutes and Local Ordinances, there is no officer, director or agent who owns, directly or indirectly, an interest of ten (10 %) or more in Bidder's firm or any of its branches, who is also an employee of the Owner/Town. The undersigned agrees to execute the attached Contract within QJO calendar days after the date on which notice of award has been given in accordance with the terms stated in the Agreement. The undersigned states that this proposal is the only proposal for this project in which he/she is interested and that this proposal shall be either accepted or rejecteftl within 30 days after the due date. For furnishing all plant, labor, materials, tools, and incidentals, and for constructing a complete project, including all items of work that may be inferred as necessary, but are not separately itemized in the following Bid Schedule: 14 VARIOUS COIF )TE CONSTRUCTION PROJECA } TOWN OF LANTANA BID SCHEDULE ITEM *PERCENT ITEMS AND UNIT PRICE BID UNIT PRICE TOTAL # ( %) (PRICES TO BE WRITTEN IN WORDS) (U.P.) ( °/a X U.P.) Sidewalks & Slabs 1. 5% 4" - FORM & POUR TO GRADE AS DIRECTED, FOR DOLLARS cCj T CENTS $ $ 3 PER SQUARE YARD 2. 20% 4" - REMOVE EXISTING CONCRETEIASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR DOLLARS �* CENT'S $�_ PER SQUARE YARD 2% 4" - STAMP CONCRETE. (SILVER COLOR' WITH CHARCOAL RELEASE). FORM & POUR TO GRADE AS DIRECT D, FOR DOLLARS e CENTS PER SQUARE YARD 4. 9% 4" - STAMP CONCRETE. (SILVER COLOR WITH CHARCOAL RELEASE). REMOVE EXISTING CONCRETWASPHALT. FORM & POUR TO GRADE AS DIRECTS FOR 2 OLLARS ,5P Q CENTS PER SQUARE YARD s 5. 5% 6" - FORM & POUR T GRADE AS DIRECTED, FOR TW41,-F,R�� DOLLARS cd' _ ; o A D CENTS $� PER SQUARE YARD 6. 20% 6" - REMOVE EXISTING CONCRETEIASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR Thin ! w 0 DOLLARS 'Lf�l6, CENTS PER SQUARE YARD 7. 2% 6" - STAMP CONCRETE. (SILVER COLOR WITH CHARCOAL RELEASE). FORM & POUR TO GRADE AS DIRECTED, FOR a :. -r gam_ DOLLARS 2eleo CENTS S z13 S . 9(G PER SQUARE YARD 15 'ESTIMATE PURPOSES ONLY VARIOU a" JCRETE CONSTRUCTION PRf TOWN OF LANTANA BID SCHEDULE 8. 9% 6" - STAMP CONCRETE. (SILVER COLOR WITH CHARCOAL RELEASE). REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, F R �i DOLLARS `O xP,tT� CENTS $_ $_ PER SQUARE YARD 9. 2% 6" - ADA ACCESS APPROVED. FORM & POUR TO GRADE AS DIRECTED, FOR Th I DOLLARS ?_ Ps1-rJ CENTS PER SQUARE YARD 10. 2% 6" - ADA ACCESSIAPPROVED. REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR -- I�uLdrs, p,v.f DOLLARS pO 1 2e-, Z4:2 L CENTS $ $ y PER SQUARE YARD DRIVEWAYS, 1 1. 2% 6" - DRIVEWAY WITH (2) 5 FT. FLAIRED APRONS. FORM & POUR TOG DE AS DIRECTED, FOR iJ DOLLARS - 0 uka CENTS PER SQUARE YARD 12. 2% 6" - DRIVEWAY WITH (2) 5 FT. FLAIRED APRONS. REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR 1 DOLLARS CENTS PER SQUARE YARD *ESTIMATE PURPOSES ONLY 16 ITEM. *PERCENT ITEMS AND UNIT PRICE BID UNIT PRICE TOTAL # ( %) (PRICES TO BE WRITTEN IN WORDS) (U.P.) (% X U.P.) 8. 9% 6" - STAMP CONCRETE. (SILVER COLOR WITH CHARCOAL RELEASE). REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, F R �i DOLLARS `O xP,tT� CENTS $_ $_ PER SQUARE YARD 9. 2% 6" - ADA ACCESS APPROVED. FORM & POUR TO GRADE AS DIRECTED, FOR Th I DOLLARS ?_ Ps1-rJ CENTS PER SQUARE YARD 10. 2% 6" - ADA ACCESSIAPPROVED. REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR -- I�uLdrs, p,v.f DOLLARS pO 1 2e-, Z4:2 L CENTS $ $ y PER SQUARE YARD DRIVEWAYS, 1 1. 2% 6" - DRIVEWAY WITH (2) 5 FT. FLAIRED APRONS. FORM & POUR TOG DE AS DIRECTED, FOR iJ DOLLARS - 0 uka CENTS PER SQUARE YARD 12. 2% 6" - DRIVEWAY WITH (2) 5 FT. FLAIRED APRONS. REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR 1 DOLLARS CENTS PER SQUARE YARD *ESTIMATE PURPOSES ONLY 16 VARIOUS CONCRETE CONSTRUCTION PROJECTS TOWN OF LANTANA BID SCHEDULE EM *PERCENT ITEMS AND UNIT PRICE BID UNIT PRICE TOTAL N ( %) (PRICES TO BE WRITTEN IN WORDS) (U.P.) (% X U.P.) CURB AND GUTTERS BASED ON FDOT ROADWAY & TRAFFIC DESIGN STANDARDS. SCHEMATICS INCLUDED IN PACKET. 3. 4% TYPE "A" — HEADERCURB -FORM & POUR TO GRADE AS DIRECTED, FOR i DOLLARS CENTS PER SQUARE YARD A. 4% TYPE "A"- REMOVE EXISTING CONCRETEIASPHALT. FORM & POUR TO GRADE AS DIRECTED, FOR Q S�DOLLARS %/� �j r CENTS $_ham - , PER SQUARE YARD �. I5. 4% TYPE "D" - FORM & POUR TO GRADE AS DIRECTED, FOR ilJf DOLLARS u CENTS PER SQUARE YARD 16. 4% TYPE "D" - REMOVE EXISTING CONCRETEJASPHALT_ FORM & POUR TO GRADE AS DIRECTED, FOR tf )AL •..�C�A or,[ c �, a DOLLARS r� CENTS $ PER SQUA YARD �2 RE 17. 2% TYPE "F'- FORM & POUR TO GRADE AS DIRECTED, FOR 0 DOLLARS CENTS $/0 $ - O 1 PER SQUARE YARD I8. 2% TYPE "F'- REMOVE EXISTING CONCRETE/ASPHALT. FORM & POUR T GRADE AS DIRECTED, FOR DOLLARS 1 CENTS $ $ 7 PER SQUARE p GRAND TOTAL FORBID ITEMS 1 -18: $f $ r IT PRICE TO _ dT TOTAL SQ.YD. :STIMATE PURPOSES ONLY 17 AGREEMENT THIS AGREEMENT, made and entered in this day of Its , 2002, by and between Dunworth Construction, Inc., hereinafter called the CONTRACTO and the Town of Lantana, Florida, hereinafter called the OWNER/TOWN. OWNER/TOWN and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I WORK: CONTRACTOR shall complete all Work as specified by the Town or indicated in the Contract Documents during a period of one (1) year at the unit prices for the specific items as set forth in the Contractor's response to the bid and listed on pages 15 -18 of the Contract Documents booklet entitled "Various Concrete Construction Projects" at Bid Schedule. The Work is generally described as follows in the following Contract Documents made a part hereof entitled: VARIOUS CONCRETE CONSTRUCTION PROJECTS TOWN OF LANTANA The Project is being coordinated by: The Town of Lantana Operations Department 510 W. Pine Street Lantana, Florida 33462 (561) 540 -5750 (Phone) (561) 540 -5759 (Fag) ARTICLE 2- CONTRACT TIME: 2.1 The Work as assigned will be completed over a one (1) year period with an option for another one (1) year term to be agreed upon in writing by both parties prior to the expiration of the initial year term. ARTICLE 3- PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with this Article. 3.1 Progress Payment. OWNER/TOWN shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by PROJECT MANAGER on or about the 25th day of each month during construction. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the enclosed Bid Schedule (Various Concrete Construction Projects) or -for each Bid Schedule as identified in Bidder's Proposal. 19 ARTICLE 4- CONTRACTOR'S REPRESENTATIONS: In order to induce OWNER/TOWN to enter into this Agreement CONTRACTOR makes the following representations: 4.1 CONTRACTOR has examined and carefully studied the Contract Documents and the gther related data identified in, the Bidding Documents including "technical data ". 4.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, , progress, performance and furnishing of the Work. t 4.4 CONTRACTOR is aware of the general nature of work to be performed by OWNER/TOWN and others at the site that relates to the Work as indicated in the Contract Documents. 4.5 CONTRACTOR shall give PROJECT MANAGER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 5- CONTRACT DOCUMENTS: The Contract Documents which comprise the entire agreement between OWNER/TOWN and CONTRACTOR concerning the Work consist of the following: 5.1 Instructions to Bidders. 5.2 This Agreement. 5.3 Public Construction Bond. 5.4 Detailed Technical Specifications. 5.5 Contractor's Bid designated as Bidder's Proposal. 5.6 Documentation submitted by Contractor PRIOR TO Notice of Award. 5.7 Insurance documents in accordance with Section 01 (1.15)- General Requirements. 5.8 There are no Contract Documents other than those listed above in this Article 5. The Contract Documents may only be amended, modified or supplemented as deemed necessary by OWNERI TOWN. ARTICLE 6- MISCELLANEOUS 6.1 No assignment by any party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically statled to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 6.2 OWNER/TOWN and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 6.3 Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER/TOWN and CONTRACTOR., who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER/TOWN and CONTRACTOR have signed this Agreement in Three (3) parts. Counterparts have been delivered to OWNERITOWN, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed or identified by OWNER/TOWN and CONTRACTOR or by PROJECT MANAGER on their behalf. 21 This Agreement will be effective on d 2002. (T ( OWNER: Town of Lantana ii / / (CORPORATE SEAL) Attest - f12 1. z Darla Levy, Town Clerk Address for giving notices 500 Greynolds Circle Lantana. FL 33462 CONTRACTOR: Dunworth Construction, Inc. Roy . worth, President (CORPORATE SEAL) Attest Address for giving notices ��I wOMMIJEFf., • License No. a&— �a D YJ-10 Agent for service of process: l 22 M17 3oan Grotsky hCanmtes[ou 1! DD 006283 = Padres MAMh 4.2005 Hooded Thrn Atln & Boodto; Co„ lne TOWN OF LANTANA NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes (2001), you are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017[F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the convicted vendor list. Acknowledged by: Firm Name Signature Name & Title (Prin or Type) It z3 /Ca- b at — 23 1 ACKNOWLEDGEMENT OF OFFICER OF BIDDER EXECUTING PROPOSAL IF A CORPORATION STATE OF ) _ P104 A SS:�'C2/ COUNTY OF ) v4kx On this �' Day of -C v 2001 before me personally came and appeared ag'Aw" �l19 t to me known, who, being by me duly sworn, did depose and say that he/she resides at 1&r-!L b Lab Ott. Pftb:V,N�t d h e/she is the of i� P /?� 2ScCUC�i9!V �-,cx , the corporation 2c���, described in and which executed the f9regoing Agreement; that he /she knows the seal of said corporation, that one of the impressions affixed to said instrument is an impression of such seal; that he/she is the proper official of said corporation designated to execute such instrument, that he/she has authority to do so, that he executed same for and in behalf of said corporation, and that his/her act is the act and deed of said corporation A00", ", Iona GCOte83 l�y . .'st7�amieaEazt # DD 0062 s c Eaplres 4. ZOOS Un Witness my hand and official notary seal at C.. the day and year above wri en. Nota Public My Commission Expires: 24 ACKNOWLEDGEMENT OF BIDDER EXECUTING PROPOSAL IF A PARTNERSHIP STATE OF ) _ SS: COUNTY OF ) On this Day of , 2001 before me personally came and appeared to me known, who, being by me duly sworn, did depose and say that he /she resides at that he /she is the General Partner of described in and which executed the foregoing Agreement; that he /she is the proper official of said partnership designated to execute such instrument, that he/she has authority to do so, that he executed same for and in behalf of said partnership, and that his/her act is the act and deed of said partnership. Witness my hand and official notary seal at the day and year above written. My Commission Expires: Notary Public 25 PUBLIC CONSTRUCTION BOND BY THIS BOND, we, as Principal and a Corporation, as Surety, are bound to the Town of Lantana, Florida hereinafter called Owner, in the sum of ($ ), for payment of which we ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. bind THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract dated , 2001 between Principal and Owner, Various Concrete Construction Projects, the Contract being made a part of this bond by reference, at the times and in. the manner prescribed in the Contract and; 2. Promptly makes payment to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials,' and supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract and; 3. Pays OWNER/TOWN all loss, damages, expenses, costs and attorney's fees, including appellate proceedings, that OWNER/TOWN sustains because of a default by Principal under the Contract and; 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract: then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this bond. DATED ON , 2001 Principal By Attest as to the signature of the Principal Address Attest as to the signature of the Surety Surety By Address NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute bond. 26 (Page left blank intentionally) 27 WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF BEING FIRST DULY SWORN, DEPOSES AND SAYS AS FOLLOWS: He/She ' _� oft. g 9.0 X3i� (�,t�SC,C ,.��;c� L= • — Title Name of Corporation or Firm A Florida corporation which is named in the Various Concrete Construction Projects Contract dated the day of ;:�.:v1, 2402, between said corporation as the CONTRACTOR and the Town of Lantana, Florida as the OWNERlTOWN, for the construction s of Various Concrete Construction Projects, and Affiant is authorized to make this Affidavit as, or in behalf of the Contractor as named above. Title to all work, materials and equipment covered by the Applications for Payment passes to the OWNER/TOWN at the time of payment free and clear of all liens, and all laborers, materialman and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the This statement under oath is given in Sworn to and subscribed before me This day of U7& 2002. u No Pu " , ate of Florida at Large My Commission expires: (S) afn- j 3 0! m�an�n�oo6Z83 28 >a�a4.zoo3 ealmtfe eanaiog Ca,1� Applications for Payment. 716 Florida Statutes. i STATE OF_ COUNTY OF follows: FINAL RELEASE OF LIEN being first duly sworn deposes and says as 1. That he /she is of the Name of Corporation a Corporation which is named in the Public Construction Bond dated the , 20 , between said corporation as the CONTRACTOR and the Town of Lantana, Florida; as the OWNER/ TOWN, for the Various Concrete Construction Projects. Said Affiant is duly authorized to make this Affidavit as, or on behalf of said Contractor as hereinabove indicated and does hereby give statement under oath in compliance with and pursuant to Section 71306 Florida Statutes/latest amendment. 2. That the work called for the above and foregoing Contract has been completed and that all creditors contracting directly with or directly employed contractors, materialmen and suppliers, and all other creditors performing or furnishing any work, labor or materials upon said Contract work, and that there are no unpaid creditors in connection therewith. Sworn and subscribed before Me this day of 120 , Affiant Notary Public County of State of My Commission expires (SEAL) 29 TECHNICAL SPECIFICATIONS 30 SECTION 01 GENERAL REQUIREMENTS PART 1- GENERAL 1.1 WORK COVERED BY CONTRACT DOCUMENTS (a) The work covered by these specifications comprises in general the furnishing of all labor, equipment, materials, and performing all operations for the concrete construction in various locations for the Town of Lantana, Florida. (b) Except as specifically noted, the Contractor shall provide and pay for: Labor, materials, and equipment. Tools, construction equipment, and machinery. Water and utilities required for construction. Other facilities and services necessary for proper execution upon completion of the work. (c) The Contractor shall secure and pay for, as necessary for proper execution completion of work, and as applicable at time of receipt of Bids all: Permits Government fees Licenses (d) The Contractor shall give required notices to all those entities requiring same. The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on the performance of the work. 31 1.2 SILTATION AND BANK EROSION The Contractor shall take adequate precautions to minimize siltation and bank erosion in the vicinity of canals, ditches or any open body of water, in discharging well point Systems or during other construction activities. If well pointing, the Contractor shall notify the South Florida Water Management District and /or the Northern Palm Beach County Water Control District. 1.3 PRESERVATION OF PROPERTY The Contractor shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged due to the activities of the Contractor, it shall be immediately restored to its original condition by the Contractor at no cost to the Owner/Town. In case of failure on the part of the Contractor to restore such property, or make good such damage or injury, the Owner/Town may, after 48 hours notice to the Contractor, proceed to repair, rebuild or.otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. 1.4 CLEANUP The Contractor shall keep the construction site free of rubbish and waste materials and restore to their original conditions those portions of the site not designated for alteration by the Contract Documents. Clean up and restoration shall be accomplished on a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the work. The Contractor shall also remove, when no longer needed all temporary structures and equipment used in his operation. It is the intent of this specification that the construction areas and those other areas not designated for alteration by the Contract Documents shall be restored to their original condition as nearly as possible immediately after completion of installation. 1.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, flashing lights, flagmen and watchmen and take all necessary precautions for the protection of the work and the safety of the public. Traffic control, warning signs :and barricades shall be in strict accordance with the provisions of the Florida Department of Transportation Manual of Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operation, latest revision. All barricades and obstructions shall be protected at night by flashing signal lights which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and suitable for night visibility. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, 32 or detours exist. 1.6 PUBLIC SAFETY AND CONVENIENCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the work, and to insure the property. No road or street shall be closed to the public, except with the permission of the OWNER/TOWN. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. No open excavation shall'be left overnight except during road closing. All open excavation within the roadway shall be backfilled and a temporary asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable. 1.7 SHOPDRAWINGS Where items of construction must be specifically fabricated or processed for this project, and as otherwise may be required in the plans and specifications, the Contractor shall submit to OWNER/TOWN as may be necessary to determine that the item so proposed is sufficient for the intended use and conforms to the requirements of the plans and specifications. The drawings and data shall be checked by the OWNER/TOWN, and shall be approved by the OWNER/TOWN prior to fabrication. The OWNER/TOWN'S review shall be limited to determining general conformity of the item proposed with the plans and specifications, and shall not relieve the Contractor of any responsibility for properly fitting and incorporating the item into the work, and its final performance under the applied condition. 1.8 MATERIAL APPROVAL All materials furnished by the Contractor shall be new and as specified in the specifications. The Contractor shall if required, furnish satisfactory evidence for the approval of the OWNER/TOWN, as to the kind and quality of materials. Copies of specific tests called for in the specifications shall be furnished. Before beginning work, the Contractor shall advise and obtain the approval of the OWNER/TOWN, in writing, for any optional materials allowable under the various headings, which he/she proposes to use. 1.9 OPEN SPECIFICATIONS Where materials or equipment are specified by a trade or brand name it shall not be the intention of the OWNER/TOWN to discriminate against an equivalent product of another manufacturer but rather to set a definite standard of quality or performance, and to establish an equivalent basis for the evaluation of Bids where the words "equivalent" "proper" or "equivalent to" are used, they shall be understood to mean that the thing referred to shall be proper, the equivalent of, or equivalent to some other things in the 33 J opinion or judgment of the OWNER/TOWN. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equivalent to approved samples. Where the specifications for a material, manufactured article, or process are given, the material, article or process specifically designated shall be used, unless a substitute is approved in writing by the OWNER/TOWN, and the OWNER/TOWN shall have the right to require the use of such specifically designated material article or process. 1.10 SCHEDULING OF CONSTRUCTION The Contractor shall notify all utilities located within the construction area of his intentions and shall further notify each utility company a minimum of 48 hours in advance before commencing work near a company's existing utilities in any specific area. Any damage resulting from activities of the Contractor shall be repaired at the expense of the Contractor, to the satisfaction of the utility involved, and all such costs shall be included in the price Bid for the work. Where sidewalks, fences, walls, mailboxes, utilities or other facilities, whether public or private, fall within the path of the proposed construction, they shall be carefully removed and replaced, or otherwise protected from damage by the Contractor and any such item damaged shall be repaired or replaced to the satisfaction at the OWNER/TOWN. Where privately owned bushes, shrubs, trees, irrigation systems and other landscaping are within the public rights -of -way and conflict with the proposed construction, the affected landowner shall be notified by the Contractor fifteen (15) days in advance that such landscaping will be removed and disposed of unless the property owner removes them within fifteen (15) days after notification. A standard form, approved by the OWNER/TOWN, shall be prepared and served to the property owners by the Contractor. All costs relative to the above work shall be included in the price Bid. 1.11 SUPERVISION AND INSPECTION The Contractor shall supervise and direct all or the work herein specified. The Contractor will be responsible for the means, methods, techniques, sequences, construction safety and procedures of construction. Materials to be incorporated in the work, labor performed, and appliances, tools and methods shall be subject to the review, observation and comments of the OWNER/TOWN. The OWNER/TOWN shall decide all questions relating to measurements, material, character of the work performed, and whether or not the rate of progress complies with terms of the Contract. The Contractor shall execute the work in * the presence of the OWNER/TOWN'S authorized representative, during the working hours of the day, unless otherwise directed; but the presence of the OWNER/TOWN, or his representative, shall in no way relieve the Contractor of the responsibility of his/her work or be any warrant for him/her to furnish bad material or poor workmanship. 34 1.12 RESPONSIBILITY The Contractor shall be responsible for the actions of its crew and of the crews of all Subcontractors. All individuals shall stay off private property unless they are specifically Addressing improvements on private property. No litter is to be left on private property And no fruit, vegetables, flowers, etc are to be picked. No water is to be used from private hose bibs unless written authorization is given by the property owner. 1.13 USE OF CHEMICALS Any chemical used by the Contractor during the course of construction shall have prior approval of either the Environmental Protection Agency (EPA) or the United States Department of Agriculture (USDA) and ; the Palm Beach County Department of Environmental Resource Management pursuant to Ordinance No.88 -7 as amended. 1.14 PRECONSTRUCTION CONFERENCE Following the execution of the Contract and prior to the start of construction, or as soon as possible thereafter, a pre - construction conference will be scheduled by the OWNER/TOWN end must be attended by the Contractor. This conference will include representatives of the OWNER/TOWN, local utilities, regulatory agencies, and any other party that may be deemed as necessary for the orderly performance of the Contract. However, this does not relieve the Contractor of responsibility of contacting local utilities and any other necessary agencies. 1.15 INSURANCE REQUIREMENT It shall be the responsibility of the successful Contractor to provide evidence of the following minimum amounts of insurance coverage prior to the start of work. Failure to provide this written evidence prior to the commencement date may be grounds for immediate cancellation of this award. Workers Compensation and Employer's Liability Coverage to apply to all employees for statutory limits in compliance with applicable State and Federal laws. Commercial General Liability shall have minimum limits of $300,000 per occurrence Combined Single Limit for Personal Injury, Bodily Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Complete Operations, Contractual Liability and Broad Form Property Damage Endorsements., Business Auto Liability shall cover any auto for bodily injury and property damage and shall include owned vehicles, hired and non -owner vehicles, and employee non - ownership with minimum limits of $300,000, per occurrence combined single limit for bodily injury and property damage. 35 J A signed Certificate, or Certificates of Insurance, evidencing that required insurance coverage has been procured by Contractor in the types of amount(s) required hereunder, shall be transmitted to the Owner/Town prior to Contractor performing any operations under the,--terms Qf the contract. Except as to Workers Compensation and Employers Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the Owner/Town, a municipal corporation of the State of Florida, it's officers, agents and employees as "additional insured." The Certificate of Insurance shall unequivocally provide thirty (30) days written notice to the Owner/Town prior to any adverse change, cancellation or non - renewal of coverage thereunder. Said liability insurance must be acceptable to and approved by the Owner/Town as to form and types of coverage. In the event that the statutory liability of the Owner/Town is amended during the term of this agreement to exceed the above limits, Contractor shall be required, upon thirty (30) days written notice by the Owner/Town, to provide coverage of at least equal to the amended statutory limit of liability of the Owner/Town. 36 W „ CERTIFICATE OF LIABILI� TMSURMCE DAMPft°° V 01/17/2002 AL INSURANCE S. MILITARY TR. WORTH, FLORIDA 33463 65 -2200 DUNWORTH CONSTRUCTION INC 625 SW SALERNO ROAD - STUART, FL 34997 TM CERTIFICATE 0 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER..TFIS CERYW CATS DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NSURERk MORESTAN GENERAL INSURANCE NSMM It ROMER CC N PJFWA a ES OF 24SUPANCE LIST® BELOW HAVE BEEN ISSUED TO THE 94SURM NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOiWITHSTANDWG YIEMEf f. TERM OR OONIXAON OF ANY OON[RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 4IN. THE HSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE W IS SUBJECT TO ALL THE TERMS, EXCLUSIONS MID CDNOITIOlIS OF SUCH 40GREGATE LYA TS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. TTR OF VOURAWX POUCrWAWA POLICY ElFECIIYE GATE POUCYEUVA" M OATS lummorm uTS LLMARnY EACK00CUPPSHM : 5 0 0, 0 0 0 nAEwwA*EV.W —*.j $50,000 GLNEiCML OENERAL U40EAY CLAMSMAM ❑X OCCUR MWEWWT —f s 1, 000 02 -0013 01/14/02 01/14/03 PmsomLaAwmm $500,000 GENERM. AO[RIEOATE $500,000 00ft"TE UWTAPPLAM PER PRiODUCTS- COMKWAOO 8500,000 GUCY L•RO JEOT LOC a" UoAKm MYAL/IO COM&NFD SNOLE UYR LEA meA04 : BOOlYNAJRI' s LLaWNFDAUTOS CHSMA"AUAOS 000" NAARY aov�p EtW AUT03 ONpMlD AIROS PROPERTY OAMAM �"r.o i7rq s . '.TYIDAITY AOFOOMY- EAACCOER s OTHMTVM FAA= I WAfTO s AOTOONLY: ADO uAmmm EACH O0C1Rt e" s OCUR Q CLANS MADE AOGREOATE s s s EWCTME f BfERIGN s YTC STATW O1M O COMPENSOAM AND TORVUW" (A Et.EACNACCOENT s EIP UA9ALry EL 093EASE E" EJAIOTEE s E.LDMEA3E•P0UWUMIT s OIEAA AODEO m EIDORSFNEI(IQI'EQKPROVLTIOffq :ERTIFICATE HOLDER IS ALSO LISTED AS THE ADDITIONAL INSURED. E HOLDER X I AONnOWL N.MCM M AM LETTER CANCELLATION EIIOIRD A/W OF M AWN 00CFAM POUM BE CANCELLED EBORE M ODMATOR TOWN OF LANTANA DATE MROOP. M anum 09mm "LL MOL Im Te NO& . 3 0 eat wwrm 500 GREMOLDS CIRCLE MMOM TO THE COUNAIS MUM NNW TO M UW. WT PAAAM TO 0000MALL LANTANA, FL 33462 - .PD.E MD Oi AOMW OR UAEAAY OP ARE wln MOM LIE m MOM a _IFAX #561- 540 -5759 RATA a ACORD CORPORATION IM VCORD„ CERTIFICATE (ik L� ABILITY INSURANCE t of %14 02 >tY ONLY CERTIFICATE IS ISSUED AS A MATTER OF NO RIGHTS UPON THE ��TE i )Y ROTH AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .O. BOX-540036 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EKE WORTH, FL, 33454 -0036 561) 433- -5533 INSURERS AFFORDING COVERAGE NAIC# In DUNWORTH CONSTRUCTION INC BRA, ARIES PIU FIWM URER 8: 625 SW SALERNO ROAD INSURER FL 34997 ER URER /ERAGES 4E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING W REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH XUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4m 1 NCE TIME OF POLICY NUMBER pPOLIC µ� THE PD ICYIEXPIRATIM GENERALLJABIJTY COMMERCIAL GENERAL LIABILITY CIANMSMADE n OCCUR EACH OCCURRENCE s DAMAGE TO R PREMISES a oommnoel s MEOEXP(AAwampavan) s PERSONAL 6 AOV @LIURY f GENERAL AGGREGATE f GENT. AGGREGATE LIMIT APPLIES PER: POLICY WT LOC PRODUCTS - COMP/OP AGG S MITOMOBI ELJABILITY AM(AUTO ALL OWNEDAUTOS SCHEDlAED AUTOS HIRED AUTOS NON-0VKtEDAUTOS COMBINED SINGLE LIMIT (Ea ao teeny f IPa Pte) BODR Y INJURY (P« s PROPERTY DAMAGE $ GARAGEWBILITY ANYAUTO AUTOOML.Y- EAACCIDENf s OiHERTHAN EAACC AUTOONLY: AGO f s EXESWMURELLA LJAB(UTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION s EACH OCCURRENCE f AGGREGATE f s s f 90081MRSCOMPENSATONAND EMPLO1ERS'IUBILIT" 4MCBMAGWOM 64MUOM pN pROy jpANS belo,,, BINDER#02 -029 01/14/02 01/14/03 WCSTATU- I OTH E.LEACHACCIDENT 3100,000 E.L DISEASE - EA EMPLOYEE $100,000 EL oISEASE - POLICY LIAR : 5 -00' 0 0 0 OTHER WTIONOFOPERATIONS lLOCATIOHSI VEIdCI.ESI EXCLUSIONS ADDED BY ENDORSEMENT/ SPECYIL PROVISIONS )URS CONCRETE SIDEWALKS 1TWIGATE HOLDER TOWN OF LANTANA 500 GREYNOLDS CIRCLE LANTANA FLORIDA 33462 SNOUW ANY OF THE ABOVE OESdtlBED POLICIES SE CANCELLED BEFORE THE O~TION OATS iHg1EW. THE WSUMG MIStIRM V&L EHOEANOR TO MAM 10 DAYS MIWrmw NOTICE TAO THE CERTIFICATE MOLDER KU" TO THE LEFT. Off F*JUWA TO DO 60 U LLL 60105E Ro COU"MM OR LIABILITY OF AMY MONO UFM THE USURER. FT'S #A DM OR 0 SECTION 02 SUMMARY OF WORK PART II - GENERAL 2.1 SCOPE (a) The Work covered by these specifications comprises in general the furnishing of all labor, equipment, materials, and performing all operations Various Concrete Construction Projects for the Town of Lantana, Florida. (b) Omission of a specific item or component of system obviously necessary for the proper functioning of the equipment or system shall not relieve the Contractor of the responsibility of furnishing the items as part of the work at no additional expense to the OWNER/TOWN. 2.2 LOCATION The site of the work is in the Town of Lantana, Florida, on property or easements owned by the Town, and on public rights -of -ways. 2.3 COORDINATION Contractors shall coordinate their work with the Owner/Town's public works and operating personnel, to provide for the orderly prosecution of work and the interfacing of work provided by different trades. 2.4 SEQUENCE OF WORK Construct Work in such a manner as to not Interfere with other operations of the Owner in the vicinity during the construction period; coordinate the construction schedule and operations with the Owner's Representative. 2.5 CONTRACTOR'S USE OF PREMISES (a) Coordinate use of premises under direction of OWNERITOWN. (b) Assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site. (c) Move any stored Products, under Contractor's control, which interfere with operations of the Owner or separate Contractor. 37 2.6 OWNER OCCUPANCY (a) OWNER/TOWN will have ongoing operations during the entire period of construction for the conduct of his normal operations. Cooperate with OWNER/TOWN'S Representative in all construction operations to minimize conflict, and to facilitate OWNER/TOWN usage. (b) Contractor shall at all times conduct his operations as to insure the least inconvenience to the general public. (c) 'OWNER/TOWN operations that must be maintained during the Contract period include Law Enforcement, Fire/Rescue, Garbage and Trash removal. 2.7 SPECIFICATIONS In the absence of any detail or specifications for roadway related materials or Procedures required for this project refer 'to Florida Department of Transportation Standard Specifications for Road and Bridge Construction latest edition. 2.8 INTERRUPTION OF EXISTING OPERATIONS a. The Contractor shall at all times perform his/her work in a manner which will not interfere with the operation of the existing utilities and facilities located in the project area including vehicular access to and from the site area unless absolutely necessary. Whenever interruption is absolutely necessary, it must be scheduled at least 48 hours in advance with the OWNER/TOWN. b. Prior to the removal of driveway aprons the Contractor shall notify resi- dents in writing a minimum of 48 hours in advance. If vehicles are parked on the owner's driveway, the Contractor shall have the vehicle moved prior to the driveway being removed. 2.9 CONTRACTOR'S RESPONSE TO CITIZENS COMPLAINTS The Contractor shall assign a responsible individual under his employment but other than Superintendent to address all citizen and/or OWNER/TOWN complaints. These complaints will be transmitted to the appointed individual by the OWNER/TOWN and a written response to the action taken will be transmitted to the OWNER/TOWN as specified by the OWNERITOWN. Additional procedures will be given to the Contractor at the pre - construction meeting. 38 �j SECTION 03 MEASUREMENT AND PAYMENT PART III - GENERAL 3.1 EXPLANATION AND DEFINITIONS Z 1 The following explanation of the Measurement and Payment for the bid form items is made for information and guidance. The omission of reference to any item in this description shall not, however, alter the intent of the Bid form or relieve the Contractor of the necessity of furnishing such as part of the Contract. The quantities set forth in the Bid form are approximate and are given to establish a uniform basis for the comparison of Bids. The OWNER/TOWN reserves the right to increase or decrease the quantity of any class or portion of work during the progress of construction in accord with the terms of the Contract. Unit prices are used as a means of computing the final figures for bid and contract purposes, for periodic payments for -work performed, for determining value of additions or deletions and wherever else reasonable. 3.2 PAYMENT Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and completed, such work including but not limited to, the furnishing of all necessary labor, materials, equipment, transportation, clean up, and all other appurtenances to complete the construction and installation of the work to the configuration and extent as shown on the drawings and described in the specifications. It is intended that all mobilization, insurance, bond, license and other miscellaneous administrative costs, and all other costs to the Contractor not specifically identified in the following item description be distributed among and included in the unit prices stated. No additional payment shall be made for transportation, communication, office maintenance, project signs and other incidental work or services. 39 PART IV- EXECUTION SECTION 04 EXECUTION 4.1 SIDEWALKS, SLABS AND DRIVEWAYS (Bid Items 1 -12) (a) DESCRIPTION OF WORK All concrete in this contract consists of furnishing all labor, equipment and labor to compete the work quantified in the Bid Schedule. This includes warning signs and barricades, traffic control (according to Florida Department of Transportation Traffic Manual Standards), public safety and returning all areas to "as good or better condition' at the completion of work. (b) . CONCRETE DESIGN All concrete included in these Bid. items shall be of standard design (ASTM Designation C -150) with a minimum compressive strength of 3,500 pounds per square inch (p.s.i.) at the age of 28 days. (c) FORMS All concrete sidewalks, driveways and ADA conforming ramps shall utilize either wood or steel- forms.. Form material must withstand the pressure during concrete placement without movement or bowing. When existing asphalt is utilized as a form, it must be cleanly saw cut, excavated to a depth of six inches and finished along the saw cut with a straight and true edge (" 1 x 2 ") to existing grade. (d) CONCRETE FINISH 1. Screed newly poured concrete to the formed configuration. 2. Float finish to force aggregate down and cement up. 3. After the concrete begins to set, but is still green, steel trowel to a smooth and uniform finish. 4. Immediately following step #3, apply a very light broom finish. 40 (e) CONCRETE FINISH - STAMPED CONCRETE: After following steps #1 and #2 outlined above, _l. Dust the float finish with a pewter (color) finish 2. Stamp with the Old London Fan design (see typical detail) 3. Place a charcoal (color) release 4. Allow to cure for three (3) days. After three (3) days, sweep away excess release agent and pressure wash. Note: Follow Cobblecrete Release Agent Technical Datasheet or equal. (f) ADA Accessible Ramps: Construction will follow the Concrete Finish and Form Specifications, but will have six tooled stripes four inches apart located at the bottom of the ramp to provide stability when used. PART 4.2- CURBS, GUTTERS, ETC. (Bid Items 13 -18) (a) Follow Florida Department of Transportation Standards as found in publications "Standard Specifications for Road and Bridge Construction- 2000" and "Roadway and Traffic Design Standards -January 2000" unless otherwise directed by the OWNER/TOWN. (b) In no case will the concrete design be less than 3,500 pounds p.s.i stated under sidewalks, etc. - concrete design. PART 4.3- MISCALLANEOUS UNIT PRICES (NOT INCLUDED IN BID TABULATION) (a) SAWCUT (Bid Item 1A) This item shall be paid by the linear foot. The work shall be at the highest industry standards. (b) ADJUSTMENT OF MANHOLE COVERS (Bid Item 2A) - This is a lump sum item per manhole adjustment and will vary in each case. (c) REMOVE CONCRETE/ASPHALT AND REPLACE WITH SOD (Bid Item 3A) This is a square yard item that will be requested from time to time on an "as needed basis." 41 I (d) MILLING, REMOVAL AND REPLACEMENT OF ROAD SURFACE (Bid Item 4A) This is a square item that will be requested from time to time on an "as needed basis." (e) SPRAY DECK (Bid Item SA) Random pattern or to be specified by the Owner/Town, Increte Systems, Color to be specified by the Owner/Town. ' Note: Spray Deck to be applied according to manufacture's specification. Spray Deck Manufacture: Increte Systems or Equal 8509 Sunstate Street Tampa, FL 33634 (800) 752 -INCO 42 � 1 The undersigned Bidder hereby represents that he/she has carefully examined the Contract including all Contract Documents and will execute the Contract and perform all its terms, covenants and conditions, all in strict compliance with the requirements of the specifications. The Bidder, by and through submission of his Bid, agrees that he/she has examined all documents, etc. for which he/she shall be held responsible. The Bidder, in general, shall also be familiar with the characteristics of the Town, in order that he/she may include in the process which he/she Bids, all costs pertaining to the work and thereby provide for the satisfactory completion. Enclosed is proof of $100,000 Construction/Performance Bond Capacity. The undersigned hereby designates as his/her office address to which notices may be delivered or mailed. Dated: (Name of Bidder, Corporation, Firm or Individual) (SEAL OF CORPORATION) By: (Signature) (Typed Name) (Business Address of Corporation, Firm or Individual) (Phone Number) (Fax Number) (General Contractor License No.) 43 qr R r R —,V4" R �r 7 112- Std • 6- VAM 1. CONQRETE 10 BE A MMMUM OF 3,500 PS.L MTMMUM. TYPE 7T" CURB NOT To SCALE r I to - r y .• • r CONCRETE W BE A " iFA MUM OF _,am P.Sl �' �® � FLUSH HEADER CURB NOT TO SCALE 1 a I PAVFMMT 1� NOYES: 1. CONCRETE 10 BE A MMMUM OF 3,300 P.M. WOMMUM. TYPE "D" CURB CURB NOT TO SCALE fL ! 4 0 0 Z N ul Z 1'. A , 0�1' am • ui • '•i • �• �,i w•i Ir w �i %ice :: L. a s .. i :�.• tu Ld - ,�1' •.. = :.:::fir;;• . ,.,,, .. Ir • .,..,, ,.. 25 LLA - ,..., -_: • • IL �Iiw i��i ��i� • 11��!��•a.� .., - •rip ::••� �� ul • -ii ii.••:i IT hj iii S ��� �: •Ii�S. r..�•� /•i;i. • IL zwlHA• •Iii •,ii1•�•i� OCL - • • • • A I 0 0 Z N z fx w sr 7 N W U N W Wo „i z qbm of z 0 hii w z z 0 yU J a 0 Vl U z i ai O W z d' 0 _0 Q 0 W- O Z O 0 O N z w a 0 in x o Q N O _ m 0 p Z C3 w LLS ° a 3 v 1 vi o + a LLI 0 b m I N a Z m o z o M M o to w z Vl O Q m d' m CC CC 0 0 cV z z ral C', U U U C3 z a a 3 v r 6 v W U N W Wo „i z qbm Date Prepared: June 18, 2003 Meeting Date: July 3, 200 Resolution: 117, 2003 EXHIBIT D Letter of Acknowledgement MAY 21 2003 3:00PM HP LASERJET 3200 D� CiNS'�1�Ti01� iN� Phone (561) 9660089 Fax(561)432-6110 Jane 9th, 2002 TO: City of Pahn Beach Gardens, Attn: David Reyes 625 S.W_ SALERW RD. STUART, FLORIDA 34997 Dunworth Construction, Inc. agrees to contract work for the City of Palm Beach Gardens acing the pricing and specifications of the Town of Lantana Annual Concrete Contract for 2002. Agent p.2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 23, 2003 Meeting Date: July 3, 2003 Resolution 119, 2003 Subject/Agenda Item: Approving an Agreement with Seacoast Utility Authority for Use of a Utility Easement to Install a Sculpture [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: riginating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Ap ed by: City Ma ager [ x ] Not required Date Prepared: June 23, 2003 Meeting Date: July 3, 2003 Resolution 119, 2003 BACKGROUND: A portion of the Costas Varotsos sculpture is encroaching onto a Seacoast Utility Authority easement. Seacoast has agreed to allow this encroachment, subject to the terms of this Agreement, which addresses repairs to Seacoast facilities, allocates responsibilities for damage, and provides for insurance coverage. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 119, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: June 19, 2003 RESOLUTION 119, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH SEACOAST UTILITY AUTHORITY FOR USE OF A UTILITY EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens wishes to install a sculpture on a portion of a Seacoast Utility Authority Easement; and WHEREAS, Seacoast has agreed to the encroachment on their easement, subject to the terms and conditions of the attached agreement; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into an agreement with Seacoast Utility Authority to use their utility easement to install the sculpture; and WHEREAS, an agreement for use of such utility easement has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Agreement between the City of Palm Beach Gardens and Seacoast Utility Authority and hereby authorizes the Mayor and City Clerk to execute the Agreement. , SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 PASSED AND ADOPTED this _ 2 3 5 6 7 8 ATTEST: 9 10 11 BY: 12 Patricia Snider, City Clerk 13 14 15 APPROVED AS TO FORM AND 16 LEGAL SUFFICIENCY 17 18 19 BY: 20 Christine P. Tatum, City Attorney 21 22 23 24 25 26 VOTE: 27 28 MAYOR JABLIN 29 30 VICE MAYOR SABATELLO 31 32 COUNCILMEMBER CLARK 33 34 COUNCILMEMBER RUSSO 35 36 COUNCILMEMBER DELGADO 37 38 39 40 41 43 44 45 46 47 48 G: \attorney_share \RESOLUTIONS \coach comp america.doc Date Prepared: June 19, 2003 Resolution 119 , 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor AYE NAY ABSENT 2 RETURN TO: Bruce Gregg SEACOAST UTILITY AUTHORITY 4200 HOOD ROAD PALM BEACH GARDENS, 17133410 AGREEMENT THIS AGREEMENT made and entered into this day of , 2003 by and between The City of Palm Beach Gardens (hereinafter referred to as "Owner ") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 and SEACOAST UTILITY AUTHORITY (hereinafter referred to as "Authority") whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410. WITNE S'S ETH: WHEREAS, Owner holds title to a certain parcel of real estate more particularly described as: A parcel lying, being and situate in Section 12, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County,, Florida, being more particularly described as follows: The West 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 42 South, Range 42 East containing 20 acres, more or less, subject to the rights -of -way of Military Trail, Burns Road, and Johnson Dairy Road as now laid out and in use. (hereinafter referred to as the "Property"); and WHEREAS, the Property is encumbered by a certain utility easement recorded in Official Record Book 11628 Page 232, public records of Palm Beach County; Florida (hereinafter referred to as the "Easement "), such Easement being for the benefit of Authority and other utilities; and WHEREAS, Owner desires to install a sculpture within a portion of the Easement (hereinafter referred to as "encroachment "). NOW, THEREFORE, for and in consideration of the covenants set forth herein, Owner hereby agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Authority hereby consents to the installation by Owner of the encroachment within the Easement, subject to the terms herein. 3. In the event that it is necessary for the Authority to remove or replace any facilities of Authority located within the Easement, Authority shall attempt to coordinate such work with the Owner to ensure the integrity of the sculpture. Authority may perform emergency maintenance or repairs to its facilities without prior notification to Owner. If such maintenance, repair, removal, or replacement work requires the removal or relocation of the encroachment in whole or in part, Owner agrees to promptly perform or cause to be performed such removal, relocation, and replacement at its sole cost and expense. Page 1 of 3 4. This Agreement shall be binding upon the Owner, its heirs, successors, legal representatives and assigns. This Agreement will run with the title to the Property and will forever benefit Authority and bind the Owner and all future owners of the Property, including, without limitation, their heirs, successors, legal representatives, and assigns. 5. The parties acknowledge that they are both governmental entities governed by the provisions of Section 768.28, Florida Statutes. Without waiving any provisions provided therein, the parties agree that Authority will, to the extent permitted by law, be responsible only for any damage caused by or arising out of the gross negligence or willful misconduct of its employees or agents, and that Owner will, to the extent permitted by law, be responsible for any damage caused by or arising out of the negligence of its employees or agents. The Owner agrees to maintain property insurance in an amount equal to the value of the sculpture and agrees to maintain general liability insurance. IN WITNESS WHEREOF, the Owner has executed this Agreement as of the date first above written. WITNESS: OWNER: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA) COUNTY OF PALM BEACH) By: City of Palm Beach Gardens Print Name The foregoing instrument was acknowledged before me this day of , 200J by who is personally known to me or who has produced as identification and who did take an oath. Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: Page 2 of 3 WITNESS: Signed, sealed and delivered in the presence of: Witness Signature Print Name Witness Signature Print Name STATE OF FLORIDA) COUNTY OF PALM BEACH) SEACOAST UTILITY AUTHORITY: Bv: Rim Bishop ,Executive Director Attest: Mary Arm Stiles,Authority Clerk The foregoing instrument was acknowledged before me this day of 200_, by and ' Executive Director and Authority Clerk respectively of Seacoast Utility Authority, who are both personally known to me and who did not take an oath. Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: Page 3 of 3 RM -EVED JUN 1 3 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 12, 2003 Meeting Date: July 3, 2003 Resolution 71, 2003 Subject /Agenda Item: Resolution 71, 2003 - Site Plan Amendment for Parcels 27.05/.06 Consideration of Approval: A request by Ken Blair of Catalfumo Construction and Development, Inc., to amend the previously approved site plan for Parcel 27.05/.06 by replacing Office 2 building with two single story office buildings totaling 19,978 square feet. Parcel 27.05/.06 is approximately 17 acres and is located along PGA Boulevard within the Regional Center Development of Regional Impact (DRI). The City Council reviewed this petition on June 5, 2003, meeting during which the applicant requested postponement to July 3, 2003, and which the City Council granted. ( X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: � [ ]Approved Principal Planner Talal M. Benothman, CP Talal Benothman, Costs: $ N/A [ ] App. w/ conditions Principal Planner: p Total [ ]Denied City Attorney l [ ] Rec. approval $ N/A [ ] Rec. app. w/ conds. Project Manager Development Compliance Current FY [ ] Rec. Denial Officer: [ ] Continued to: % Funding Source: [ ] Operating Baha%KWolfs, AICP [X] Other NA Growt e t fo L Advertised: Attachments: Direct Resolution 71, 2003 Charles K. Wu, AICP Date: . Budget Acct#: Resolution 190, 2002 Paper: [X] Not Required NA Applicant Letter Approved By: Reduced Plans Ronald M. F 4 _ City Manager Date Prepared: June 12, 2003 Meeting Date: July 3, 2003 Resolution 71, 2003 BACKGROUND DRI Backiround On February 16, 1984, the City Council approved the Development Order for the Regional Center 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 1,640,000 square feet of retail, 1,210,000 square feet of office (business), 381,650 square feet of hotel (449 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on March 7, 2002, by Resolution 81, 2001. The previously adopted NOPC allowed, among other things, the removal of the already approved 25,000 square feet of retail on Parcel 27.05 and allocating it to Parcels 27.12 and 27.14 (Menin project), per City Council direction. Subject Parcel Backe ound On May 4, 2000, the City Council approved Resolution 26, 2000, allowing a 179,070 square foot multi -use development on the 16 -acre site to be completed in one phase of development. The development approval permits two retail buildings each with a 25,000 square foot floor area, two office buildings with 24,500 square feet each, one bank building with 3,420 square feet of floor area, and athree -storyy hotel building (118 rooms) with a 76,650 square -foot floor area. On February 21, 2002, the City Council approved Resolution 27, 2002, amending the site plan for the subject parcel. The approved amendments consisted of the following: 1. Replace the 76,650- square foot (118 rooms) hotel with three single -story office buildings totaling 27,000 square feet. Office Buildings 3 and 5 will each be 10,000 square feet and Office Building 4 will be 7,000 square feet. 2. Modify Condition # 9 of Resolution 26, 2000, to extend this condition to the three proposed office buildings. This condition specifies that the petitioner may convert up to 27,000 square feet of general office space in Office Buildings 1 and 2 to medical or dental office, provided additional development impacts are mitigated for and additional development requirements, resulting from the conversion, are met. 3. Modify the south elevation of Retail Building 2 by extending the screen wall for the dumpster enclosure to the southwest corner of the building. This is done to accommodate placing electrical equipment needed at that location. 4. Modify the window frames and glass colors of Office Buildings 1 and 2 and Retail Buildings 1 and 2. These buildings were approved with bronze frames and bronze tinted glass. The requested colors are white frames for all buildings with gray tinted glass on Office Buildings 1 and 2 and clear glass on Retail Buildings 1 and 2. 2 Date Prepared: June 12, 2003 Meeting Date: July 3, 2003 Resolution 71, 2003 On November 21, 2002, the City Council approved Resolution 190, 2002, amending the site plan for the subject parcel. The approved amendments consisted of the following: 1. Replace one -story retail building of 25,000 square feet with one two -story and one single -story office buildings. The square footage of the two buildings is 26,000 and 9,989 square feet, respectively. LAND -USE AND ZONING The future land -use designation of the subject site as reflected on the City's Future Land Use Map is Professional Office (PO). The zoning classification of the site is a Planned Community District (PCD) overlay with an underlying zoning of Professional Office (PO) and General Commercial (CG1). The subject site's land -use designation on Map H of the DRI is Retail /Office/Hotel. Please see Table 1 for information on the consistency of the petition with the City's Land Development Regulations (LDRs). PROJECT DETAILS Proposed Changes The applicant proposes to replace Office 2 building with two single story office buildings totaling 19,978 square feet. Each of the buildings will comprise 9,989 square feet and will be known as Office 8 and 9 buildings. The landscape area in front of the two proposed office buildings has also been upgraded. Site Access Circulation The subject site is directly accessed through two driveways east and west off of Minsk Kew Gardens, which connects directly south to PGA Boulevard. Phasin The project was approved for one phase, and the construction and development of the site is currently underway. Architectural Style The proposed architectural style of the buildings represents a Mediterranean style. The proposed external modifications to the buildings and the architectural style of the newly proposed office buildings do not alter the overall architectural theme previously approved. Landscaping The landscape plan has been changed to accommodate replacing the Office 2 building with the two proposed buildings. At the request of staff and in keeping with the Planning and Zoning Commission comments during the previous amendment to the subject site, additional landscaping is proposed by the applicant, which exceeds the minimum landscape point system. The applicant is required to provide 11,055.5 points. The applicant has provided 36,234.9 points. Parkin The applicant is proposing to provide 66 parking spaces for Offices 8 and 9, which is 33 spaces for 3 Date Prepared: June 12, 2003 Meeting Date: July 3, 2003 Resolution 71, 2003 each building based on a ratio of one space per 300 square feet. The total number of parking spaces required for the entire site based on the approved land -uses is 472. The applicant is proposing to provide 553 spaces, which is a 17% increase (81 spaces) over and beyond the minimum required by Code. Therefore, a waiver is required since the increase is greater than or equal to 10% of required parking. The dimensions of the parking stalls comply with LDRs requirements. The total number of handicapped parking spaces required and provided is 11 and 25, respectively, for the entire site. The applicant has provided 34% open space of the site where only 10% is required. Waiver The applicant is requesting a waiver from Section 78- 345(d) of the City's LDRs to allow an increase of parking spaces by 17% (81 spaces) over and beyond the minimum allowed by Code. Staff supports the requested waiver since it was previously approved, but for a different number of spaces. Resolution 190, 2002, which approved the previous amendment to the subject site plan, granted approval for an 11% increase in parking spaces (5 3) beyond what was allowed by Code. The applicant is also requesting waivers for several signs, which are noted in the table below. Siignage The applicant is requesting approval for several signs, some of which with waivers, for both proposed buildings. Staff supports the requested sign waivers and they are as follows: PROPOSED SIGN PROGRAM Type of Sign Building Location Per- Re- In Compliance Waiver miffed q nested Major tenant sign Office a 1 1 Yes No North 0 1 Yes Yes Ground floor /flat wall signs South 2 2 Yes No West 1 1 Yes No North 0 2 Yes Yes Type of Sin Building Location Per- Re- In Compliance Waiver Major tenant sign Office _9 South 1 1 Yes No North 0 1 Yes Yes Ground floor /flat wall signs South 2 2 Yes No North 0 2 Yes Yes Total 13 0 Date Prepared: June 12, 2003 Meeting Date: July 3, 2003 Resolution 71, 2003 PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission held a meeting on March 10, 2003, and recommended approval of the proposed amendment with a vote of 7 -0. PREVIOUS CITY COUNCIL ACTION On April 10, 2003, the City Council reviewed the subject petition and directed the applicant not to convert the approved two -story office building into two single -story buildings. The applicant still proposed two single story buildings, but made architectural changes to the elevations. They consisted of extending the height of the tower located in the center on the south elevation of each building, and adding two awnings on the south and west elevation of Building 8 and the south and east elevations of Building 9. On June 5, 2003, the City Council reviewed the subject petition again and directed the applicant not to convert the two -story building into two single -story buildings. The applicant requested postponement of the proposed amendment to the July 3, 2003 meeting, which the City Council granted. The applicant has not made any changes to the proposed site plan or elevations since the June 5, 2003, meeting. STAFF RECOMMENDATION Staff recommends approval of Resolution 71, 2003 with the conditions of approval and requested waivers provided herein. G: Talal /SP- 02- 22- str -cc RESOLUTION 71, 2003 2 Date Prepared: June 12, 2003 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO A 6 PREVIOUSLY APPROVED SITE' PLAN FOR PARCEL 27.05/.06 7 WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL 8 IMPACT (DRI) TO ALLOW THE REPLACEMENT OF A 24,500 9 SQUARE -FOOT TWO -STORY OFFICE BUILDING 2 WITH TWO 10 SINGLE -STORY OFFICE BUILDINGS KNOWN AS BUILDINGS 8 AND 11 9 WITH A TOTAL SQUARE FOOTAGE OF 19,978; PROVIDING FOR 12 CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on May 4, 2000, the City Council approved Resolution 26, 2000, 17 allowing a 179,070 square -foot multi -use development on a 16 -acre site to be completed in 18 one phase of development known as Parcel 27.05/.06 within the Regional Center DRI; and 19 20 WHEREAS, on February 21, 2002, the City Council approved Resolution 27, 2002 21 amending the site plan for Parcel 27.05/.06; and 22 23 WHEREAS, on November 21, 2002, the City Council approved Resolution 190, 24 2002 amending the site plan for Parcel 27.05/.06; and 25 26 WHEREAS, the City has received an application from Catalfumo Construction and 27 Development, Inc. for approval of an amendment to the previously- approved site plan for 28 Parcel 27.05/.06, located within the Regional Center DRI along PGA Boulevard, as more 29 particularly described herein; and 30 31 WHEREAS, the subject parcel is currently zoned Planned Community District 32 (PCD) Overlay with an underlying zoning of Professional Office (PO) and General 33 Commercial (CG1) and a future land -use designation of Professional Office (PO); and 34 35 WHEREAS, the Growth Management Department has reviewed said application, 36 has determined that it is sufficient and is consistent with the City's Comprehensive Plan 37 and Land Development Regulations, and has recommended approval; and 38 39 WHEREAS, on March 10, 2003, the Planning and Zoning Commission 40 recommended approval of the amendment to the previously- approved site plan; and 41 42 WHEREAS, the City Council has deemed approval of this Resolution to be in the 43 best interest of the citizens and residents of the City of Palm Beach Gardens. 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 12, 2003 Resolution 71, 2003 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following amendment to Resolution 26, 2000 as amended by Resolution 27, 2002 and Resolution 190, 2002 on the following described real property: LEGAL DESCRIPTION: THOSE LANDS ACCORDING TO THE PLAT OF REGIONAL CENTER PARCELS 27.05, 27.06 AND 27.R02 AS RECORDED IN PALM BEACH COUNTY PLAT BOOK 88 ON PAGES 104 AND 105. 1. Replace the 24,500 square -foot office Building 2 with two single -story office buildings totaling 19,978 square feet to be known as office Buildings 8 and 9. SECTION 3. Said site plan approval shall comply with the following additional conditions, which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to issuance of each building permit for interior renovations of medical or dental space, the Property Owners Association shall submit a breakdown of the gross square footage of Office Buildings 1 through 9 by general office and medical /dental office use for approval by the Planning and Zoning Division. The applicant shall be limited to converting a maximum of 27,000 square feet of general office to medical or dental office, provided all applicable land development regulations, such as parking requirements, pertaining to said conversion are met. (Planning and Zoning) 2. Prior to issuance of the first building permit for vertical construction for Buildings 8 or 9, the applicant shall comply with Section 78 -262 of the City Code dealing with Art-in- Public- Places. The applicant shall provide art on site or make a payment in lieu of art. The Art-in- Public- Places Committee shall review and make a recommendation to the City Council on any proposed art on site. (Planning and Zoning) 3. Lighting locations shall not conflict with landscaping, including long -term tree canopy growth. (City Forester and Police Department) 4. Metal Halide lighting shall be used for all street and pedestrian walkways. (Police Department) 5. No assigned parking shall be allowed throughout the entire site. (Planning and Zoning) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 12, 2003 Resolution 71, 2003 6. Buildings lighting (non - glare) shall be around the perimeter of all sides and on pedestrian sidewalk surrounding the buildings. Light poles for pedestrian lighting shall not exceed 12 feet in height. (Police Department) 7. Numerical addresses on all buildings shall be illuminated for nighttime visibility and shall have bi- directional visibility from the roadways. (Police Department) SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1. Section 78- 345(d), Number of parking spaces required, to allow an increase of parking spaces by 17 %, for an additional 81 parking spaces over and beyond the minimum number of parking spaces required by Code. 2. Section 78 -285, Permitted Signs, to allow for one additional principal tenant sign and two flat wall signs on the north 'elevation of Building 8. 3. Section 78 -285, Permitted Signs, to allow for one additional principal tenant sign and two flat wall signs on the north elevation of Building 9. SECTION 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan Development, Parcel 27.05/.06, by Gentile Holloway O'Mahoney & Associates, Inc., revised March 14, 2003, Sheet SP -1. 2. Master Landscape Plan, Parcel 27.05/.06, by Butterfly Landscaping, revised January 30, 2003, Sheets 1-1 -1-8. 3. Office Building #8, Parcel 27.05/.06, ADA Architectural Design Associates, dated April 29, 2003, Sheet A -1. 4. Office Building #9, Parcel 27.05/.06, ADA Architectural Design Associates, dated April 29, 2003, Sheet A -1. 5. Photometric Plan for "Parcel 27 Site Plan ", Romcke Coburn Engineering, Co., dated January 28, 03. SECTION 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. 3 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 12, 2003 Resolution 71, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: xw Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA ION Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \site plan amendment for parcels 27.05 -.06 -reso 71- 2003.doc 2 A Quality from the ground up ICATALFUMON, Construction and Development, Inc. CONSTRUCTION • DEVELOPMENT • MANAGEMENT October 25, 2002 Mr. Charles Wu City of Palm Beach Gardens Growth Management Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Parcel 27.05/06 Site Plan Amendment Application Dear Charles: VIA HAND DELIVERY City of P 3 Gardens � l 0F 61101;iGl iSEN 1_' / DEPARTIVMENT i Please accept the enclosed items as our application for a site plan amendment for the above - referenced project. I have included eight (8) copies of plans for distribution to the Development Review Committee members. If you have any questions or require additional information, please do not hesitate to contact me. Respectfully Submitted, Kyan Johnston Gov rnment Liaison / Planner cc: Daniel S. Catalfumo Kenneth A. Blair David W. Martin mydocs \1etters \wu- 10- 25- 02.1et.doc 4300 Catalfumo Way - Paim Beach Gardens, Florida 33410 - [561) 694 -3000 • (888) 624 -9697 • Fax [561) 691 -5260 - v"vmcatalfumo.com October 25, 2002 Parcels 27.05/06 Site Plan Amendment Narrative Parcels 27.05 and 27.06 received site plan approval on May 4, 2000 via Resolution 26, 2000. This approval was amended earlier this year via Resolution 27, 2002 to eliminate the originally planned hotel use and replace it with 27,000 square feet of office space. The current approval is for 50,000 square feet of retail use, 76,000 square feet of office use and a 3,420 square foot bank. Additionally, there is a currently pending site plan amendment petition (hereinafter "SPA -2 ") which proposes to eliminate 25,000 square feet of retail space (as previously requested by Council), replacing it with 35,989 square feet of office space. Council approval of SPA -2 is anticipated in November 2002. The purpose of this request (hereinafter "SPA -3 ") is to amend the site plan allowing revisions to the approved plans to split the 24,500 square foot Office 2 building into two single -story structures (Offices 8 & 9), each of which will comprise 9,989 square feet of office space, facing PGA Boulevard. This request is in keeping with City Council's desire to not have parking located adjacent to FGA Boulevard. Currently, the approved plan depicts approximately 48 parking spaces situated along the PGA Boulevard frontage. With the proposed location of Offices 8 & 9, the majority of this parking would be relocated to the north side of the buildings, thereby reducing the number of spaces adjacent to PGA Boulevard by 40 spaces. Additionally, the single -story buildings would be more in keeping with the Meadows community to the east and other single -story buildings to the west. Architecturally, Offices 8 & 9 repeat the architectural vernacular of the exi materials are to e the same as those approve . Likewise, the signage will remain consistent with that previously approved for other buildings in the development. The applicant has upgraded the landscaping in front of Offices 8 & 9 to be consistent with that of Offices 6 & 7. As part of the applicant's commitment to the P &Z Commission, this landscaping has already been incorporated into the SPA -2 petition and exceeds the amount of landscaping that would have been installed in front of the Offices 8 & 9 site as approved under Resolution 27, 2002. Please refer to the enclosed landscape materials point comparison for details pertaining to the amount of proposed landscape material on the Offices 8 & 9 site. It is the petitioner's belief that the proposed replacement of Office 2 with Offices 8 & 9 will improve the quality of the project and its relation to PGA Boulevard in this area. Please refer to the proposed site plan for a clear understanding of the proposed amendment. CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799 -4243 Fax (561) 799 -4281 Request: Planned Community Development (PCD) ,Planned Unit Development (PUD) x Amendment to PCD, PUD or Site Plan ,Conditional Use Amendment to the Comprehensive Plan `Administrative Approval _Other (Explain) Annexation _Rezoning _Site Plan Review _Concurrency Certificate _Time Extension _Miscellaneous Date Submitted: October 25, 2002 Project Name: PARCEL 27.05/06 4,300 Catalfumo Way Owner: MATT, PRQPF.RTTF,$, TTn_ Address:Palm Beach Gardens,F1 33410 Applicant (if not Owner): Parcels s 27 05 & 27.06 Property Owners Association. Tnr- . 4300 Catalfumo Way Applicant's Address: palm Reach Gardens ,F1334.]:OTelephoneNo.561 /694 -3000 Agent: Catalfumo Construction and Development, Inc. Contact Person: Ryan B. Johnston E-Mail:l:,johnston@catalfumo.com Agent's Mailing Address: 4300 Catalfumo Way, Palm Beach Gardens, F1 on da 3341 0 Agent's Telephone Number: 96i./694-R,935 Phone Number: 561.1691-5291 Petition Number: tion $ _ Number: FOR OFFICE USE ONLY Date & Time Received: Engineering $ Architect: Architectural Design Associates Phone Number: 561/626 -7381 Engineer: Phone Number: Planner: Gentile, Holloway, O'Mahoney Phone Number: 561/575 -9557 Landscape Architect: Butterfly Landscaping Phone Number: 561 f 6'i7 -274n Site Information: General Location: PGA Boulevard at Minsk Gardens Avenue Address: 2901 PGA Boulevard Section: 5 Township: 4 2 S Range: 43E Acreage: 16.9 Current Zoning: PCD Requested Zoning: no change Flood Zone B Base Flood Elevation (BFE) - to be indicated on site plan n/. a Current Comprehensive Plan Land Use Designation: DRI /PCD /PO Existing Land Use: Vacant /under Requested Land Use: no change construction ProposedUse(s) i.e. hotel, single family residence, etc.: Mix of Bank, Retail & Office Proposed Square Footage by Use: Bank: 3,420SgFt;Retail:25,000SgFt.; Office:107,467SgFt Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): n/a Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations) 1. Explain the nature of the request: This request is to eliminate the 24,500 SgFt comprising 19, 978 SgFt. The total amount of proposed office space is 107,467 which is 4,522 SgFt less than previously approved. 2 2. What will be the impact of the proposed change on the surrounding area? There will be no impact of the proposed change on the surrounding area. 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. N/A 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78 -301, Land Development Regulations)? 3. 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78 -261, Land Development Regulations)? 6. Has project received concurrency certification? Vested, active DRI Date received: VIA Ordinance 9, 1984 Legal Description of the Subject Property (Attach additional sheets if needed) Or see attached deed for legal description. As per Plat ;'Regional Centr Parcels 27.05, 27.06, and 27.R02" Recorded in Palm Beach County Plat Book 88 on pages 104 & 105. 4 Location The subject property is located approximately 0 miles) from the intersection of MINSK dens Avenue , on the x north, _east, _south, _west side of PGA Boulevard (street/road). Property Control Number(s) of the subject parcel(s): 52- 43- 42- 05 -26- 027 -0050 52- 43- 42- 05 -26- 027 -0061 52- 43- 42- 05 -26- 027 -0062 52- 43- 42- 05 -26- 027 -0063 53- 43- 42- 05 -26- 027 -0064 Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority, personally appeared Daniel S. Catalfumo who, being by me first duly sworn, on oath deposed and says: That he/)= is the fee simple title owner of the property described in the attached Legal Description. 2. That he/ft is requesting a site plan amendment in the City of Palm Beach Gardens, Florida. 3. That he /gh'e has appointed Ryan B. Johnston & Kenneth A. R1 ai r to act as authorized agent on his/her behalf to accomplish the above project. N 4300 Catalfumo Way Street Address P. O. Box 561/694 -8835 Telephone Number E -mail Address Daniel S. Catalfumo, President By: Name /Title Palm Beach Gardens, Florida 33410 City, State, Zip Code City, State, Zip Code 561/691 -5293 Fax Number Sworn and subscribed before me this 17 day of October 2002 Not blic ;pY y JANN .� EXPIRES: July 4,2o06 : p 1 BondedThiu Notary Pubkur&r*1bM ..l Applicant's Certification We affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. UWE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my /our knowledge and belief. Further, Uwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: Si ature Applicant _Owner Ryan B. Johnston Print Name of Applicant Catalfumo Construction & Development, Inc. _Optionee 4300 Catal fumn way Street Address _Lessee Palm Beach Gardens, Florida 33410 City, State, Zip Code Agent 561/694 -8835 Telephone Number _Contract Purchaser 561/691 -5293 Fax Number rjohnston @catalfumo.com E -Mail Address 7 Date Prepared: November 13, 2002 RESOLUTION 190, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO A PREVIOUSLY APPROVED SITE PLAN FOR PARCEL 27.05/.06- WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT TO ALLOW THE REPLACEMENT OF A 25,000 SQUARE -FOOT, ONE -STORY RETAIL BUILDING WITH ONE 26,000 SQUARE -FOOT TWO -STORY OFFICE BUILDING AND ONE 9,989 SQUARE -FOOT SINGLE -STORY OFFICE BUILDING; AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR. A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 4, 2000, the City Council approved Resolution 26, 2000, allowing a 179,070 square -foot multi -use development on a 16 -acre site to be completed in one phase of development known as Parcel 27.05/.06 within the Regional Center DRI; and WHEREAS, on February 21, 2002, the City Council approved Resolution 27, 2002, amending the site plan for Parcel 27.05/.06; and WHEREAS, the City has received an application from Parcels 27.05 and 27.06 Property Owners Association, Inc., for approval of an amendment to the previously approved site plan of Parcel 27.05/.06, as amended, located within the Regional Center DRI along PGA Blvd., as more particularly described in Exhibit "A' attached hereto; and WHEREAS, the applicant seeks one waiver as part of an approval of an amendment to a previously approved site plan; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Professional Office (PO) and General Commercial (CGI) and a future land use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, on October 8, 2002, the Planning and Zoning Commission recommended approval of the amendment to the previously approved site plan; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. d Resolution 190, 2002 Date Prepared: November 13, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the following amendments to Resolution 26, 2000, as amended by Resolution 27, 2002: Replace the 25,000 square -foot Retail Building 1 with two office buildings totaling 35,989 square feet. Office Building 6 will be two stories with 26,000 square feet, and Office Building 7 will be one story with 9,989 square feet. The subject parcel is located within the Regional Center Development of Regional Impact along PGA Boulevard, more particularly described in Exhibit "A" attached hereto and incorporated herein. 2. Modify Condition 9 of Resolution 26, 2000, as amended by Condition 2 of Resolution 27, 2002, to extend this condition to the two proposed Office Buildings 6 and 7. This condition, as amended, specifies that the petitioner may convert up to 27,000 square feet of general office space in Office Buildings 1 through 5 to medical or dental office, provided additional development impacts are mitigated and additional development requirements, resulting from the conversion, are met. SECTION 3. Said site plan approval shall comply with the following additional conditions, which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. The applicant shall coordinate modification of the revised water and sewer facilities and revised landscape plans and shall, furthermore, resolve any outstanding issues, if any, with Seacoast Utility Authority prior to issuance of building permit (Planning and Zoning Division); 2. Within 30 days of approval of this resolution, the Property Owners Association shall submit for administrative approval a revised landscape plan for the 55 -foot PGA Boulevard landscape buffer easement adjacent to the bank and Retail No. 2. The landscape materials used shall be equal to or better than the proposed landscaping in front of Office Buildings 6 and 7 and Office 2 within Parcels 27.05/.06 and shall be installed by the Property Owners' Association within 120 days of this approval (City Forester); 3. Prior to the issuance of any additional Certificates of Occupancy for the entire site (Office 1 through 7, Retail 2, and Bank), the applicant shall obtain approval from the City Engineer for an updated AM peak hour analysis based on the following square footage of each use: 129,500 square feet of general office, 25,000 square feet of retail, 7,000 square feet of medical office, and 3,420 square feet of bank with a drive -thru (Planning and Zoning Division and City Engineer); Resolution 190, 2002 Date Prepared: November 13, 2002 4. Prior to issuance of each building permit for interior renovations of medical or dental space, the Property Owners Association shall submit a breakdown of the gross square footage of Office Buildings 1 through 7 by general office and medical/dental office use for approval by the Planning and Zoning Division. The applicant shall be limited to converting a maximum of 27,000 square feet of general office to medical or dental office, provided all applicable land development regulations, such as parking requirements, pertaining to said conversion are met (Planning and Zoning); 5. Lighting locations shall not conflict with landscaping, including long -term tree canopy growth (City Forester and Police Department); 6. Metal Halide lighting shall be used for all street and pedestrian walkways (Police Department); 7. Buildings lighting (non - glare) shall be around the perimeter of all sides and on pedestrian sidewalk surrounding the buildings (Police Department); and 8. Numerical addresses on all buildings shall be illuminated for nighttime visibility and shall have bi- directional visibility from the roadways (Police Department). SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following waiver with this approval: 1. Section 78- 345(d), Number of parking spaces required, to allow an increase of parking spaces by 11 %, for an additional 53 parking spaces over and beyond the minimum number of parking spaces required by Code. SECTION 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan Development, Parcel 27.05/.06, by Gentile Holloway O'Mahoney & Associates, Inc., received November 13, 2002, Sheet SP -1. 2. Master Landscape Plan, Parcel 27.05/.06, by Butterfly Landscaping, revised October 17, 2002, Sheets L1 -L8. 3. Office Building #6, Parcel 27.05 /.06, ADA Architectural Design Associates, received November 13, 2002, Sheet A -1. 4. Office Building #7, Parcel 27.05 /.06, ADA Architectural Design Associates, received November 13, 2002, Sheet A -2. 3 e Resolution 190, 2002 Date Prepared: November 13, 2002 SECTION 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 7. 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 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this �?/ r, DAY OF )2002. 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TI NNE ovi Oil 1 11 11 , it ON. 1 NAB M V"10 I j"N SO IV has` n WIN= MR hO is BE; m m ill Mush 4 1 1 YOU IBM Y..� sit LN 1w, RH Hl I I I I I I I ii Twivi Rl rE 2 ip vs A.R Mzs 2 I Sal; k 44 J'g, E6 -am Al W Ij Z wc m 0 x j > :Lz j1h y th s LJ F- Z LLI 0 W 71 co TR . . . . . . . (tip 72-- 46 TI I ji RW 1 v N on six aa, Va l 61 Es iw 6 44i a RE 04 frY IN w i,. gg a w LL ; E iO @ a S u� C d QJ v -I' 11-1 cu QJ U d n �o I. HIM @ a S u� C d QJ v -I' 11-1 cu QJ U d n �o CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 16, 2003 Meeting Date: July 3, 2003 Resolution: 100, 2003 Ordinance: 20, 2003 Subject /Agenda Item: First Reading: Architectural Design Guidelines for Non - Residential Development A City- initiated request to adopt a new section 78 -192 "Architectural Design Guidelines for Non - Residential Development." [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Principal Planner r�� Growth Management: [ ) Approved AICP— Costs: $ N/A App. w/ conditions [ ] Talal Benothman, AICP Project /'� � Total [ ]Denied City Attorney AT'_� ��� Managek , Ad n' — [ ] Rec. approval Christine Tatum Charles Wu, AICP $ N/A [ ] Rec. app. w/ conds. Development Compliance Current FY [ ] Rec. Denial NA [ ] Continued to: Bahareh K. Wolfs, AICP Funding Source: Growt t apeme [ ] Operating Advertised: Attachments: Direct Date: [ X ] Other_N /A • Ord. 20, 2003 Charles K. Wu, AICP Paper: Palm Beach Post • Res. 100, 2003 • June 21, 2001 Joint [ X ] Not Required Budget Acct. #: Workshop Minutes Approved by: Affected parties: [ ] Notified [ ] None City Man ger [ X ] Not Required BACKGROUND On June 21, 2001, the City Council held a joint workshop with the Planning and Zoning Commission to discuss the direction on the drafting of design guidelines. At the time, the City had employed the services of Gladding, Jackson, et al. to draft design guidelines for the PGA Corridor. Date Prepared: June 16, 2003 Meeting Date: July 3, 2003 Resolution 100, 2003 Ordinance 20, 2003 Page 2 of 2 Upon further discussion at the joint workshop, the City Council agreed the following: (1) To allow a subcommittee of the Planning and Zoning Commission (P &Z) to further discuss the design guidelines; (2) To apply the design guidelines city -wide for non - residential developments and not only to the PGA Corridor; and (3) To approach the design guidelines as advisory and not regulatory so as not to limit creativity. The Design Guidelines Subcommittee comprised of Commissioners John Glidden, David Kendall (who has since resigned), Joel Channing and Craig Kunkle, Jr. After the course of two years and dozens of meetings, the P &Z recommended approval of the proposed design guidelines on May 13, 2003. On June 10, 2003, the P &Z recommended approval to an amendment to the Land Development Regulations (LDRs) that cites the design guidelines as a reference tool for all non - residential development within the city. Resolution 100, 2003 adopts the proposed design guidelines as the official reference document for non - residential developments within the city. Ordinance 20, 2003 is an amendment to the LDRs that cites the design guidelines as a reference tool for the site, landscape and elevation plans for non - residential developments in the city. While the design guidelines are a reference, the staff will strongly encourage all applicants and developers to follow its intent and spirit in their development plans. The City Council should be aware that, as drafted, the guidelines are not a tool or means to deny any development plans since they are not regulations in nature. CITY OF PALM BEACH GARDENS CITY COUNCIL AND PLANNING & ZONING COMMISSION WORKSHOP MEETING June 21, 2001 The June 21, 2001 Workshop Meeting of the City Council & Planning & Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order at 6:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin, Councilmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent. The following members of the Planning & Zoning Commission were in attendance: Chair Dennis Solomon, Vice Chair Craig Kunkle, Jr., Chair Pro Tem. Barry Present, Joel Channing, John Glidden, Steven Tarr, Alternate Ernest Volonte, and Alternate David Kendall. Dick Ansay was absent from the meeting. ARCHITECTURAL DESIGN STANDARDS: Growth Management Director Charles Wu thanked the Planning & Zoning Commission for their work, and explained that a draft of architectural design guidelines had been prepared by the consulting firm of Glatting, Jackson, Kercher, Anglin and Lopez. Mr. Wu requested direction from the two boards on implementing and enforcing these guidelines, whether they would be guidelines or zoning regulations, whether they would apply to the whole City or only certain areas, and what style was desired. Mr. Wu explained that the consulting firm had used the original budget and direction was needed before new funding was requested. David Cutner, of Glatting, Jackson, reviewed the guideline principles, which had been divided into two categories: land use and site design principles and building design principles. Mr. Wu explained that the guidelines should not stifle creativity and that style should be discussed. Mr. Solomon indicated that many areas of the guidelines were vague, and he preferred they be applied initially as guidelines rather than regulations so they would be flexible, that they apply to a specific area, and that they should not include micro - management. Mr. Glidden expressed his opinion that the present system worked well and that the guidelines were needed only for two areas: smaller projects that were now scrutinized less than larger projects, and to give developers a sense of the direction their projects should take during their planning stage so that a great number of workshops would not be needed. Mr. Glidden agreed with Mr. Solomon that the guidelines should not include micro - management or specifying good and bad design. Mr. Glidden expressed his opinion that the guidelines should apply along PGA Boulevard rather than to the whole City, and should strive for quality design with creativity. Vice Mayor Jablin agreed the guidelines should encourage creativity and should not be requirements. Mr. Tarr expressed his opinion that the City was really not a pedestrian friendly community and the City worked the way it was laid out, but walking could be encouraged within projects and a pedestrian friendly downtown core area could be developed. Mr. Kunkle agreed with the previous comments, stated variety made the City good and a common theme for the whole City should not be imposed. Mr. Solomon suggested that staff work on the guidelines to bring them along, and present them in another workshop, with the consultants playing less of a role to save money. Mr. Channing described buildings in Paris created by micro - management, and favored the guidelines because the MacArthur Foundation was no longer guiding quality of development. Mr. Channing indicated the City was beautiful, and a lot of it was due to landscaping, that the guidelines should be applied City -side, and that he would rather make it harder for new projects in order to assure a better City in the future. Mr. Present agreed with Mr. Channing that the guidelines should be applied Citywide, and that the draft guidelines should be polished and some of the micro- management removed. Mr. Sabatello favored the guidelines, indicated that the City needed to develop a consistent direction knowing it would change over time, and that the guidelines should apply City -wide because older buildings would be torn down and the guidelines would be needed for the upgrades. Councilmember Sabatello suggested upgrades to parcels be consistent with the newer nearby projects, that guidelines should enhance creativity, and that clearer direction as to what the City did not want was needed. Mr. Sabatello questioned whether staff had enough direction to work on this, and complimented the Commission for their work. Councilmember Clark also complimented the Commission for their work that had saved the City Council so much time. Councilmember Clark indicated these should be guidelines rather than regulations, should enhance creativity, should include different types of architecture, should be Citywide, and should be pedestrian friendly. Councilmember Sabatello noted the City Council had been working on connecting existing corridors to enhance them with pedestrian walkways. Mr. Channing commented strict code enforcement and new infrastructure had been used to start the redevelopment of Miami Beach, and cautioned that the City should not forget the older neighborhoods. Mr. Glidden noted that most of the City Council and the Commission seemed to favor making the guidelines City -wide and if that were done hard core formulas and specifics must be eliminated, suggested considering different project types by looking at examples, and considering a stricter standard on PGA Boulevard. Mr. Glidden acknowledged the need to fund additional monies for the consultant, but suggested an open volunteer brainstorming session that could provide written ideas to the consultant for review and presentation at another workshop, recommending that focus could be on special concerns such as power lines, covered parking, etc. Mr. Wu suggested the Chair be authorized to appoint a subcommittee to meet every other week and work with staff on these issues. Consensus of the City Council was to proceed with appointment of the subcommittee. It was clarified that the meetings of the subcommittee would be noticed and that anyone could attend. Mr. Solomon noted that a recent project had contained two buildings that were mirror images and the Commission needed direction on such items. Mr. Channing indicated the recent practice of holding more workshops to review project concepts had been good. Vice Mayor Jablin thanked everyone for his or her good work. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Sabatello, carried0,/fhe 9 eetin24as adjourned at 7:00 p.m. APPROVAL: MAYOR T, CH AN PROTEiM SABATELLO _ COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST;° CAROL GOLD, CITY CLERK �� . r A_> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 16, 2003 RESOLUTION 100, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA' ADOPTING ARCHITECTURAL DESIGN GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT WITHIN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, architectural design guidelines play an important role in establishing and maintaining high standards of design and aesthetics for future growth, development and redevelopment; and WHEREAS, the Planning and Zoning Commission convened a subcommittee that met in 2001 and 2002 to assist in drafting said guidelines; and WHEREAS, on May 13, 2003, the Planning and Zoning Commission reviewed said guidelines and recommended passage; and WHEREAS, Ordinance 20, 2003 authorizes the Council to adopt architectural guidelines by resolution; and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby adopts "City of Palm Beach Gardens, Design Guidelines for Non - Residential Development," a copy of which is attached hereto as Exhibit A. SECTION 3. This Resolution shall become effective upon adoption of Ordinance 20, 2003. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 2, 2003 Resolution 100, 2003 PASSED AND ADOPTED this day of , 2003. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY fflu Christine P. Tatum, City Attorney /P1Tr. MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS, FLORIDA M Eric Jablin, Mayor AYE NAY ABSENT G:\ attorney_ share \RESOLUTIONS \designguidelines reso 100 2003.doc 2 June 18, 2003 City of Palm Beach Design Guidelines For Non- Residential Development Growth Management Department Planning and Zoning Division June 18, 2003 Table of Contents (a) GENERAL PROVISIONS ................................................................................................... ............................... 1 (1) Purpose and intent .......................................................................................................... ............................... 1 a. Building design principles ...................................................................................... ............................... 1 b. Site design principles ............................................................................................... ............................... 2 (2) Scope, applicability and effects ...................................................................................... ............................... 3 (3) Existing approvals .......................................................................................................... ............................... 3 (b) ARCHITECTURAL DESIGN ............................................................................................ ............................... 4 (1) Building design elements ............................................................................................... ............................... 4 a. Facade /wall height transition .................................................................................. ............................... 4 b. Design treatments .................................................................................................... ............................... 4 c. Building elevations ................................................................................................. ............................... 4 d. Preferred building exterior wall finishes ................................................................ ............................... 4 e. Identical or substantially similar buildings ............................................................. ............................... 5 f. Trademark forms and colors ................................................................................... ............................... 5 g. Customer entrance standards .................................................................................. ............................... 5 h. Mechanical equipment screening ............................................................................ ............................... 6 i. Gutters and down spouts ......................................................................................... ............................... 6 j. Service and storage yards, loading docks ................................................................ ............................... 6 k. Shopping carts ......................................................................................................... ............................... 6 1. Mailboxes ................................................................................................................. ..............................6 m. Satellite dishes ........................................................................................................ ............................... 6 n. Telephones, vending machines, newspaper racks, etc ............................................ ............................... 6 o. Underground utilities .............................................................................................. ............................... 7 P. Accessory structures .......................................:....................................................... ............................... 7 (2) Preferred roof styles ....................................................................................................... ............................... 7 a. Mansard roofs .................................................:....................................................... ............................... 7 b. Roof treatments ...............................................:....................................................... ............................... 7 (3) Preferred roof materials for sloped roof areas ................................................................ ............................... 7 a. Preferred roof materials for pitched roofs ............................................................... ............................... 7 b. Discouraged roof materials for pitched roofs ..:....................................................... ............................... 7 (4) Building colors .......................... ..............................; ....................................................... ..............................7 (c) SITE DESIGN ............................................................... r........................................................ ..............................8 (1) Building orientation ...............................................:........................................................ ..............................8 (2) Corner lots ....................................................................................................................... ..............................8 (3) Parking ...................................................................:........................................................ ..............................8 a. Pedestrian circulation in parking facilities ............................................................... ..............................8 b. Loading facilities ..................................................................................................... ..............................8 c. Wheel stops ...................... ............................... ........................................................ ..............................9 (4) Pedestrian amenities ........................................................................................................ ..............................9 a. Plazas ...............................................................'........................................................ ..............................9 b. Width and materials ................................................................................................. ..............................9 c. AASHTO consistency .............................................................................................. ..............................9 d. Discouraged elements .............................................................................................. ..............................9 (5) Land Use Principles ........................................................................................................ ..............................9 (d) SIGNAGE ............................................................................................................................ ............................... 10 (1) Preferred Sign Types ..............................................:..................................................... ............................... 10 a. Wall Signs ............................................................................................................. ............................... 10 b. Monument Signs ................................................................................................... ............................... 10 c. Sign Composition .................................................................................................. ............................... 10 (2) Discouraged Sign Types ........................................:..................................................... ............................... 11 a. Wall Signs ............................................................................................................. ............................... 11 b. Monument Signs .............................................:..................................................... ............................... 11 (3) Miscellaneous ................................................................................................................. .............................13 (e) ROADWAY DETAILS ....................................................................................................... ............................... 13 (fl LIGHTING .......................................................................................................................... ............................... 13 June 18, 2003 (a) GENERAL PROVISIONS (1) Purpose and intent Architectural design guidelines for non - residential development have been developed in order to communicate the City's desire to establish land maintain high standards of design and aesthetics for future growth, development and redevelopment within the City. The guidelines are not intended to direct architects and developers towards specific design solutions, especially those that are depicted as illustrative examples within this document. The illustrative examples are meant to assist the public in interpreting the general intent of the language with which they are associated. It is the City's desire that design professionals use these communication tools to assist them in formulating creative and innovative solutions for project designs, and not to convert these images into a specific design for new and/or remodeled projects. More specifically, the design of each project should integrate principles and concepts derived from these guidelines into solutions, which respond to the special and unique opportunities and constraints that accompany each building type and site. It is also the City's intent to have these guidelines applied in an appropriate manner, dependant upon the type and location of each project. Clearly, the City comprises many different areas — each with a different degree of public importance and visibility. In that regard, many of the more extensive design components and planning principles may more clearly apply to urban, high - visibility locations, such as PGA Boulevard. On the other end of the spectrum, there may be a lesser application of certain design components and principles in less visible locations, such as industrial parks, etc. And likewise, there will be many other locations in the City, which are important yet not highly visible properties, and the design guidelines will apply to them in an appropriate manner. It is the intent of this document to establish this gradation of design applicability, allowing the Growth Management Staff, the Planning and Zoning Commission and the City Council to apply the appropriate degree of applicability in their review of each project's design features. a. Building design principles 1. Buildings shall have architectural features and patterns that provide visual interest. Facades shall be designed to reduce the mass /scale. Building wall offsets, including projections, recesses and changes in floor level shall be used to add architectural interest and variety, and to relieve the visual effect of blank walls or large areas of relatively plain appearance. 2. Exterior public and semi - public spaces, such as courtyards and plazas, shall be designed to enhance the surrounding buildings and to provide community amenities, such as lakes, benches, trellises, gazebos and fountains. 3. Buildings at street corners shall be considered significant structures and shall be designed with architectural features, such as corner towers and features that interact in a complementary manner with the corner. 4. Building facades shall be designed to be harmonious with their surroundings. This should not be construed as creating look -alike buildings. Harmony shall be achieved through the use of scale, proportions, form, materials, texture, and color. 5. Buildings shall relate to streets and public spaces by providing an ordered variety of entries, windows, bays, and balconies along public ways. Ground floors should have a high degree of transparency to encourage interaction between sidewalk activity and uses within the building. Buildings shall have human scale in details and massing. The implementation of this guideline may take into consideration the specific use and function of the building. The design character of buildings shall avoid cluttered forms that have no apparent system of organization. City of Palm Beach Gardens Design Guidelines June 18, 2003 6. Building exteriors should provide shelter from the summer sun, where appropriate. Porticos, awnings, arcades, and overhanging eaves are particularly appropriate at pedestrian walkways adjacent to the building. Building massing and changing roof forms shall be used to emphasize the location of building entries. For example; greater height can be used to accentuate entries in the form of tower elements, tall voids, or a central building mass. Buildings or structures that are part of an unbuilt phase shall have character and design compatible with the positive design features of- existing buildings to the maximum extent feasible. Existing buildings should be, improved, when appropriate, to make the entire project design in keeping with the design guidelines. (See Figure a -1, Building Transition) 9. Buildings shall reflect a continuity of treatment. Examples of this include, but are not limited to, the following: (i) Maintaining the' building scale or by; gradual changes in form; Unity of Character New R *t n Budding U a� u on ■. .. u eAffiki T: -i Preferred `tip Existing Buildings u n u n uluu u n L Ali �W ICI & Relationship to Adjacent Structure(s) e of Stepped Massing of New Buildings Discouraged —No Relationship to Ad*ent Massing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line; (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian- friendly gathering spaces through the provision of well- designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. City of Palm Beach Gardens Design Guidelines New 11 11 . Building Exist gs son n Build ni 0 8 ... u u u u u J. 4 Y uu UU JWW ■o■ :AMU #fix :: L ...�� Discouraged —No Relationship to Ad*ent Massing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line; (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian- friendly gathering spaces through the provision of well- designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. City of Palm Beach Gardens Design Guidelines June 18, 2003 3. Landscaping shall be designed to frame major architectural features and primary public spaces, and to provide shade and enhance the pedestrian environment. (2) Scope, applicability and effect The adopted guidelines shall apply to all non- residential development or redevelopment proposed throughout the City of Palm Beach Gardens. For the areas within the PGA Boulevard Overlay Corridor and Northlake Boulevard Overlay, Zone, the guidelines shall apply to the maximum extent possible where there is no conflict. Whenever a conflict exists, the applicable overlay zone applies. Non - residential development shall be construed to mean any building that is not intended as full - time, year -round living quarters. Non - residential development shall include the following: a. Retail b. Office C. Industrial d. Civic e. Institutional f. Recreational g. Hotel h. Performing facility i. Movie theatre j. Hospital (3) Existing approvals While existing development and approvals granted prior to the effective date of these Design Guidelines are not subject to these guidelines. However, any substantial changes to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously- approved development plan or the continuation of a partially - developed development plan are encouraged to conform to these guidelines to the extent feasible. City of Palm Beach Gardens Design Guidelines 3 June 18, 2003 (b) ARCHITECTURAL DESIGN (1) Building design elements a. Fagade /wall height transition New buildings that are located within 300 feet of an existing building, and are more than twice the height of any existing building within 300 feet should provide massing elements to provide a transition between the existing buildings of lower height and the proposed development. The transitional massing element should be no more than 100 percent taller than the average height of the lower adjacent buildings. b. Design treatments In addition to the basic design requirements, both single and multi -use buildings and projects are encouraged to meet a minimum of four of the following design treatments: 1 2 3 4 5 Canopies or porticos, integrated with the building's massing and style; Overhangs proportional in size to the mass of the building; Arcades, with minimum eight (8) feet width preferred (see Figure b- 1, Arcade Example); 1111 Arcade Example Fig. b -1 Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs; Ornamental and structural architectural details, in addition to cornices, which are integrated into the building structure and overall design; 6. Decorative tower features; 7. Articulated facades involving appreciable vertical and horizontal breaks of the plane of the building and roof lines; 8. Exterior arched treatment on at least two sides of the building; 9. Amply sized window openings placed appropriately to the use of the building; 10. Any other treatment that meets the intent of this section, as determined by the City. C. Building elevations All building elevations or portions thereof should receive design treatment including architectural elements, fagade treatment and landscaping. This does not apply to the particular elements suitably screened from public view. d. Preferred building exterior wall finishes 1. Stucco 2. Stone (including pre -cast concrete with stone appearance) 3. Brick City of Palm Beach Gardens Design Guidelines 4 June 18, 2003 4. Wood (in limited quantities) 5. EIFS (Exterior Installation & Finishing Systems), excluding locations where pedestrians may have contact with building below seven feet above finished first floor. 6. Architectural pre -cast concrete. 7. High quality metal panel systems, not including metal siding. e. Identical or substantially similar buildings Buildings and structures that are identical or substantially similar in design are discouraged, except as outlined below. This does not prohibit the duplication of floor plans and exterior treatments in a planned unit development or planned community development where identical or substantially similar buildings can be used to create an aesthetically pleasing environment. The intent is to encourage diverse architectural expressions and avoid repetitive design that is not employed to develop creative architectural solutions. f. Trademark forms and colors Buildings and structures which use trademark or symbolic forms and colors and which have a negative impact on the visual environment of the area are discouraged. g. Customer entrance standards Tenant/customer entrances should be emphasized by articulation of the exterior architecture. (See Figure b -2, Clearly Defined Entries) 1. Tenants /customer entries for single tenant buildings Single tenant buildings should have clearly defined, highly visible tenant/customer entrances that should include an outdoors plaza area adjacent to the customer entrance in adequate proportion to the building size that incorporates the following: (i) Benches or other seating components; (ii) Decorative landscape planter; (iii) Structural or vegetative shading elements. 2. Tenant/customer entries for multiple tenant buildings Multiple -user office build- ings should have clearly defined, highly visible customer entrances. Entryways (j �0101 0101 ■ 0101 ■ ■■ ■ 0101 Discouraged suMng Entry Clearly Defined Entries Fig. b -2 City of Palm Beach Gardens Design Guidelines 5 June 18, 2003 h. Mechanical equipment screening The highest portion of mechanical equipment, such as backflow preventers, meters and valves for public utilities operations, satellite antennas, heating and ventilating, air - conditioning, or other utility hardware on roofs, ground, or buildings should be installed at or below the lowest elevation or level of screening materials. Materials used for screening purposes on roofs or buildings should match the architectural style, color, and materials of the principal building. This equipment should be located to prevent visibility from any street and/or adjoining property. Landscape screening and berms should be utilized to soften ground level screen walls. Gutters and down spouts Internal drainage is preferred. On building elevations not visible from public rights -of -way, gutters and down spouts, if used, should be painted to match the surface to which they are attached. However, down spouts, if exposed, can be organized to reinforce the rhythm of an architectural motif. Service and storage yards, loading docks All refuse and waste containers, recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage yards, and loading docks should be located in the rear or side yard. All such service equipment and service areas should be screened from view from any street or adjoining property by means of a wall, landscaping, or other methods approved by the City. k. Shopping carts If shopping carts are stored or left outside, shopping cart 'corrals shall be required, subject to the standards listed below: Screening Outdoor cart storage areas shall be screened from view by means of a wall or other methods approved by the City. Materials The corrals shall be constructed of masonry or concrete solid walls with finishes that match the primary structure. Mailboxes Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases, the design and installation of mailboxes shall comply with the standards listed below: The City and the U.S. Postal Service shall approve the size, type and location of mailboxes. 2. Freestanding mailboxes shall be indicated on a City- approved site plan and shall be landscaped consistent with and architecturally compatible to the development. M. Satellite dishes Pursuant to the Land Development Regulations, satellite dishes may be installed in the permitted zoning district. It is preferred that the dishes not be visible from any right -of -way and its color is compatible with the: surrounding environment. Plans for the installation of communication equipment such as dishes and antennas shall be submitted during the site plan approval process. All local regulations governing the placement of satellite dishes and antennas are subject to the applicable provisions of federal, state and local law. n. Telephones, vending machines, newspaper racks, etc. All public telephones, vending machines, newspaper racks, and facilities dispensing merchandise or services on private property should be screened from public view with a City of Palm Beach Gardens Design Guidelines June 18, 2003 physical structure or landscaping. Landscaping and design of screen walls should match the principal structure. o. Underground utilities All new, reconstructed, or relocated utilities lines occurring as a result of new development and redevelopment, including but not limited to electric, telephone and television cable utilities, are strongly encouraged to be placed underground. Costs for underground installation shall not be borne by the City. P. Accessory structures The design of freestanding covered parking structures, garages, equipment buildings, etc. should be of aesthetically pleasing materials (which shall be replaced whenever wear or fading occurs) with an attempt to blend with the architecture of the principal building. Well - proportioned support columns of permanent material, such as masonry /concrete should be used. Long, extended stand -alone carports are discouraged. (2) Preferred roof styles a. Mansard roofs Mansard roofs are discouraged. b. Roof treatments Variations in rooflines should be used to add interest to and reduce the mass of buildings. Roof features should be in scale with the building's mass and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high- quality material in order to enhance the appearance and attractiveness of the community. (See Figure b -3, Roof Types and Figure b -4, Roof Features) (3) Preferred roof materials for sloped roof areas a. Preferred roof materials for pitched roofs 1. Glazed or unglazed ceramic tile 2. Concrete or clay tile 3. Slate 4. Pre - finished metal roofing panels b. Discouraged roof materials for. pitched roofs 1. Asphalt shingles 2. Wood shakes 3. Rustic metal roofing (4) Building colors Building materials and color selection should achieve visual order, should be selected from a complementary family of colors, and should minimize stark contrasts. oil on 1111 1111 N Ilm Gable Roof _vim long in miss 1011 L1 NHL■ II11 no 1II1 uu u HU uu u IM Flat roof Nip Roof With parapet Roof Types Fig. b -3 Roof Features Q�ainy r wr breaks �p mass of buiIdin9, adds interest and define, entry SEES SEES SEES ............ ■■ SEES SEEM uu uu uu uuuuuu uu uu -� Roof Features Fig. b -4 City of Palm Beach Gardens Design Guidelines 7 (c) SITE DESIGN (1) Building orientation Buildings should front onto a street or boulevard where practical. (See Figure c- 1, Building Orientation) (2) Corner lots Corner lots at an intersection of two or more arterial or major collector roads should be designed to emphasize their location. Buildings and structures on corner lots should be designed with architectural embellishments such as corner towers and features that interact in a geometrically complementary manner with the corner. (See Figure c -2, Corner Lots) June 18, 2003 (3) Parking a. Pedestrian circulation in parking facilities Parking driveways and associated walkways should be designed so as to separate pedestrians from vehicle travel lanes. 2. Pedestrian sidewalk sys- tems should be integrated, to the extent possible, into the interior and/or perimeter landscaping of parking lots; . constructed with a paved or similarly hard surface, at least five (5) feet in width; and separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. Figure c -1, Building Orientation Figure c -2, Corner Lots Neighboring properties are strongly encouraged to link their parking lots together and to share common driveways. Perimeter sidewalk systems should connect to interior buildings to achieve pedestrian connectivity and to be in compliance with ADA requirements. b. Loading facilities When required, loading areas, solid waste facilities, recycling facilities and other service areas should be placed to the rear or side of the building in visually unobtrusive locations. 2. Screening should prevent direct views of loading areas and their driveways from adjacent properties and from the public rights -of -way. Screening should also prevent lighting glare, noise or exhaust fumes. Screening and buffering should be achieved City of Palm Beach Gardens Design Guidelines June 18, 2003 through the use of walls, fences and landscaping. Buffers should be visually opaque and completely obscure the contents and facilities. C. Wheel stops In lieu of wheel stops, landscape diamonds are encouraged to interrupt open parking areas, provided they are no more than four (4) parking spaces apart. (4) Pedestrian amenities a. Plazas A provision for intermittent, shaded outdoor plazas should be properly distributed throughout a project. Plazas should be located within or adjacent to the circulation path of the complex or main structure, and should incorporate benches or other seating components. b. Sidewalk width and materials Sidewalks in the public rights -of -way should be a minimum of six (6) feet in width (unless higher standards are applicable), and should be constructed of stone, textured concrete, concrete pavers or brick. Sidewalks not within public rights -of -way should be at least five (5) feet wide and may also be constructed of a broom - finished concrete. C. AASHTO consistency Facilities for bicycles and pedestrians shall be designed consistent with the standards adopted by the American Association of State Highway and Transportation Officials or other applicable agency. Continuous, interconnected pathways are encouraged as follows: Provide continuous interconnection from all public sidewalks to the entrances of all buildings; 2. Allow pathways to meander when practical; 3. Maintain a pathway with as few conflicts with vehicular traffic as possible; and 4. Allow installation of amenities such as benches, fountains, trellises and arbors that enhance the pathway. d. Discouraged elements The following items are discouraged to be within primary public view: 1. Chain -link fences; 2. Unfinished concrete or masonry walls excluding architectural concrete; 3. Dumpster enclosures, trash receptacles, excluding City- approved street furniture; 4. Artificial plants or turf, 5. Visible neon; and 6. Elements with highly reflective or bright - colored surfaces. (5) Land use principles a. Interconnected streets and driveways are encouraged. Parking areas more than 50 feet deep in a dead -end condition are strongly discouraged. b. It is encouraged to use a combination of berms, walls and landscaping to achieve the desired buffering effect separating vehicular use areas from the public right -of -way. City of Palm Beach Gardens Design Guidelines 9 (d) SIGNAGE (1) Preferred sign types a. Wall signs 1. Internally illuminated signs with individual letters. 2. Backlit channel letters with individual letters. (Fig. d -1) 3. Non - lighted three- dimensional letters. 4. Other types, as approved by the City. Example of backlit channel letters b. Monument signs Fig. d -1 1. Signs using predominantly permanent building materials, compatible with building design, with limited box - type'; manufactured components. (Fig. d -2) 2. Signs that have massing that create a base, middle and a top. C. Signage Composition 1. Sign text should not exceed a reasonable percentage of the field upon .which it is placed, nor should the vertical or horizontal dimension of the sign face exceed 80% of the vertical or horizontal surface upon which they are placed. (Fig. d -3) June 18, 2003 Example of preferred monument sign Fig. d -2 Examples of preferred sign composition and proportion Fig. d -3 City of Palm Beach Gardens Design Guidelines 10 (2) Discouraged sign types a. Wall signs 1. Neon signs. 2. Excessively - illuminated signs. 3. Signs on continuous raceways, unless low profile raceway, located at the bottom of the letters, and painted to match the wall face on which it is attached. 4. Disorganized composition of different signs on a wall face. (Fig. d-4) 5. Signs that are too large for the immediate wall face on which they are mounted (overall height or width wise). (Fig. d -5) 6. Flat thin letters that are attached directly to the exterior wall face (letters under 12" high would be an exception). 7. Backlit awning signs that use illumination of awning (awning signs are currently not allowed by Code). 8. Cabinet signs that are contained in pre - manufactured box cabinets. 9. Any wall sign supported or fed electrically via conduit or piping supports that are draped over parapet or exterior walls and exposed. (Fig. d -6) b. Monument signs 1. Brightly illuminated cabinet signs, especially with white translucent face as a major component (more than 20% of illuminated sign face). 2. Rustic carved signs, unless design is complementary to building design. 3. Signs that are predominantly pre - manufactured cabinet signs without relating to the design and/or materials of the buildings. (Fig. d -7) June 18, 2003 Example of disorganized composition Fig. d-4 Example of inadequate proportion Fig. d -5 Example of sign draped over exterior wall Example of cabinet sign without relating to the monument sign Fig. d -7 City of Palm Beach Gardens Design Guidelines 11 Example of poor horizontal placement (5% margin) Fig. d -8 - ------- - - - - -- Example of poor vertical placement (5% margin) Fig. d -10 Example of poor overall placement (5% margin) Fig. d -12 June 18, 2003 Example of good horrizontal placement (20% margin) Fig. d -9 Example of good vertical placement (20% margin) Fig. d -11 Example of good overall placement (20% margin) Fig. d -13 City of Palm Beach Gardens Design Guidelines 12 June 18, 2003 (3) Miscellaneous a. Waivers from the Sign Code for Planned Unit Development (PUD) projects may be considered if creativity in sign design is desired. b. For overall projects, proposed signage programs should be submitted that illustrate maximum potential sign sizes graphically to scale for all sign areas to receive signs. Colors, fonts, sign types and overall composition should be described and defined in scaled colored drawings. Well- designed logos will be considered when allowed by Code. C. Directional signage and other site graphics should be defined and submitted with basic wall and monument sign programs. (e) ROADWAY DETAILS (1) At street intersections, sidewalks should continue across street surfaces using decorative paving materials to delineate crosswalks. (2) Decorative pedestrian -scale sidewalk lighting should be provided in locations of heavy pedestrian activity, and at a height of no more than twelve (12) feet with poles constructed from steel, cast iron, aluminum or spun concrete. Lighting fixtures and poles should be of a consistent architectural style and should complement the predominant architectural theme of a project. (3) In situations where traffic calming is desired, on- street parallel parking is encouraged along local streets as one method. Traffic calming consideration shall be consistent with the City policy set forth in Resolution 175, 2001. (f) LIGHTING (1) Lighting should be used to provide illumination for the security and safety of on -site areas such as parking, loading, shipping, receiving, pathways, and working areas. Lighting design should take into consideration principles and practices of Crime Prevention Through Environmental Design (CPTED). (2) The design of light fixtures and their structural support should be architecturally compatible with main buildings on -site. Light fixtures should be integrated within the architectural design for the buildings. (3) Exterior lighting shall be developed in conformance with the City's land development regulations. Alternate means of illuminating pedestrian 'areas and building features are encouraged. This would include the use of up- lights on major landscape and building elements, low and medium height lights (bollards and plaza pole lighting along pedestrian areas) and wall- mounted decorative sconces on buildings (both accent lights as well as large feature sconces). (4) Lighting which produces concentrated glare visible from adjacent rights -of -way and private property is discouraged. The use of recessed lights or perimeter baffles should be used to avoid this. (5) Any extremely bright light focused on a building is discouraged. Instead, a series of smaller, less intense lighting spread out over a larger area is recommended. (6) Height and spacing of fixtures are both an aesthetic and functional consideration. Residential lighting should relate directly with human scale proportions. In general, post -style fixtures should not exceed eight (8) feet in overall height. Ground fixtures should vary between six (6) to twenty- four (24) inches high and are encouraged for residential use. Spacing standards vary depending on the amount of illumination desired. P &Z/P &Z share /PBGDesignGuidelines.a. doe City of Palm Beach Gardens Design Guidelines 13 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 16, 2003 Meeting Date: July 3, 2003 Resolution: 100, 2003 Ordinance: 20, 2003 Subject /Agenda Item: First Reading: Architectural Design Guidelines for Non - Residential Development A City- initiated request to adopt a new section 78 -192 "Architectural Design Guidelines for Non - Residential Development." [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council: Principal Planner &A Growth Management: [ ] Approved Talal Benothman, AICP Costs: $ N/A [ ] App. w/ conditions Project Total [ ]Denied �A _ / City Attorney A J� Manage � [ ] Rec. approval Christine Tatum • Charles Wu, AICP $ N/A [ ] Rec. app. w/ conds. Development Compliance Current FY [ ] Rec. Denial NA [ ] Continued to: Bahareh K. Wolfs, AICP Funding Source: Growt a eme t [ ] Operating Advertised: Attachments: Direct Date: [ X ] Other—N /A • Ord. 20, 2003 Charles K. Wu, AICP Paper: Palm Beach Post • Res. 100, 2003 • June 21, 2001 Joint [ X ] Not Required Budget Acct. #: Workshop Minutes Approved by: Ro M. Fey s '- Affected parties: [ ] Notified [ ] None City Man ger [ X ] Not Required BACKGROUND On June 21, 2001, the City Council held a joint workshop with the Planning and Zoning Commission to discuss the direction on the drafting of design guidelines. At the time, the City had employed the services of Gladding, Jackson, et al. to draft design guidelines for the PGA Corridor. Date Prepared: June 16, 2003 Meeting Date: July 3, 2003 Resolution 100, 2003 Ordinance 20, 2003 Page 2 of 2 Upon further discussion at the joint workshop, the City Council agreed the following: (1) To allow a subcommittee of the Planning and Zoning Commission (P &Z) to further discuss the design guidelines; (2) To apply the design guidelines city -wide for non - residential developments and not only to the PGA Corridor; and .(3) To approach the design guidelines as advisory and not regulatory so as not to limit creativity. The Design Guidelines Subcommittee comprised of Commissioners John Glidden, David Kendall (who has since resigned), Joel Channing and Craig Kunkle, Jr. After the course of two years and dozens of meetings, the P &Z recommended approval of the proposed design guidelines on May 13, 2003. On June 10, 2003, the P &Z recommended approval to an amendment to the Land Development Regulations (LDRs) that cites the design guidelines as a reference tool for all non - residential development within the city. Resolution 100, 2003 adopts the proposed design guidelines as the official reference document for non - residential developments within the city. Ordinance 20, 2003 is an amendment to the LDRs that cites the design guidelines as a reference tool for the site, landscape and elevation plans for non - residential developments in the city. While the design guidelines are a reference, the staff will strongly encourage all applicants and developers to follow its intent and spirit in their development plans. The City Council should be aware that, as drafted, the guidelines are not a tool or means to deny any development plans since they are not regulations in nature. CITY OF PALM BEACH GARDENS CITY COUNCIL AND PLANNING & ZONING COMMISSION WORKSHOP MEETING June 21, 2601 The June 21, 2001 Workshop Meeting of the -City Council & Planning & Zoning Commission of the City of Palm Beach Gardens, Florida, was called to order at 6:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin, Councilmember David Clark, and Chair Pro Tem. Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent. The following members of the Planning & Zoning Commission were in attendance: Chair Dennis Solomon, Vice Chair Craig Kunkle, Jr., Chair Pro Tern Barry Present, Joel Channing, John Glidden, Steven Tarr, Alternate Ernest Volonte, and Alternate David Kendall. Dick Ansay was absent from the meeting. ARCHITECTURAL DESIGN STANDARDS: Growth Management Director Charles Wu thanked the Planning & Zoning Commission for their work, and explained that a draft of architectural design guidelines had been prepared by the consulting firm of Glatting, Jackson, Kercher, Anglin and Lopez. Mr. Wu requested direction from the two boards on implementing and enforcing these guidelines, whether they would be guidelines or zoning regulations, whether they would apply to the whole City or only certain areas, and what style was desired. Mr. Wu explained that the consulting firm had used the original budget and direction was needed before new funding was requested. David Cutner, of Glatting, Jackson, reviewed the guideline principles, which had been divided into two categories: land use and site design principles and building design principles. Mr. Wu explained that the guidelines should not stifle creativity and that style should be discussed. Mr. Solomon indicated that many areas of the guidelines were vague, and he preferred they be applied initially as guidelines rather than regulations so they would be flexible, that they apply to a specific area, and that they should not include micro - management. Mr. Glidden expressed his opinion that the present system' worked well and that the guidelines were needed only for two areas: smaller projects that were now scrutinized less than larger projects, and to give developers a sense of the direction their projects should take during their planning stage so that a great number of workshops would not be needed. Mr. Glidden agreed with Mr. Solomon that the guidelines should not include micro - management or specifying good and bad design. Mr. Glidden expressed his opinion that the guidelines should apply along PGA Boulevard rather than to the whole City, and should strive for quality design with creativity. Vice Mayor Jablin agreed the guidelines should encourage creativity and should not be requirements. Mr. Tarr expressed his opinion that the City was really not a pedestrian friendly community and the City worked the way it was laid out, but walking could be encouraged within projects and a pedestrian friendly downtown core area could be developed. Mr. Kunkle agreed with the previous comments, stated variety made the City good and a common theme for the whole City should not be imposed. Mr. Solomon suggested that staff work on the guidelines to bring them along, and present them in another workshop, with the consultants playing less of a role to save money. Mr. Channing described buildings in Paris' created by micro - management, and favored the guidelines because the MacArthur Foundation was no longer guiding quality of development. Mr. Channing indicated the City was beautiful, and a lot of it was due to landscaping, that the guidelines should be applied City -side, and that he would rather make it harder for new projects in order to assure a better City in the future. Mr. Present agreed with Mr. Channing that the guidelines should be applied Citywide, and that the draft guidelines should be polished and some of the micro- management removed. Mr. Sabatello favored the guidelines, indicated that the City needed to develop a consistent direction knowing it would change over time, and that the guidelines should apply City -wide because older buildings would be torn down and the guidelines would be needed for the upgrades. Councilmember Sabatello suggested upgrades to parcels be consistent with the newer nearby projects, that guidelines should enhance creativity, and that clearer direction as to what the City did not want was needed. Mr. Sabatello questioned whether staff had enough direction to work on this, and complimented the Commission for their work. Councilmember Clark also complimented the Commission for their work that had saved the City Council so much time. Councilmember Clark indicated these should be guidelines rather than regulations, should enhance creativity, should include different types of architecture, should be Citywide, and should be pedestrian friendly. Councilmember Sabatello noted the City Council had been working on connecting existing corridors to enhance them with pedestrian walkways. Mr. Channing commented strict code enforcement and new infrastructure had been used to start the redevelopment of Miami Beach, and cautioned that the City should not forget the older neighborhoods. Mr. Glidden noted that most of the City Council and the Commission seemed to favor making the guidelines City -wide and if that were done hard core formulas and specifics must be eliminated, suggested considering different project types by looking at examples, and considering a stricter standard on PGA Boulevard. Mr. Glidden acknowledged the need to fund additional monies for the consultant, but suggested an open volunteer brainstorming session that could provide written ideas to the consultant for review and presentation at another workshop, recommending that focus could be on special concerns such as power lines, covered parking, etc. Mr. Wu suggested the Chair be authorized to appoint a subcommittee to meet every other week and work with staff on these issues. Consensus of the City Council was to proceed with appointment of the subcommittee. It was clarified that the meetings of the subcommittee would be noticed and that anyone could attend. Mr. Solomon noted that a recent project had contained two buildings that were mirror images and the Commission needed direction on such items. Mr. Channing indicated the recent practice of holding more workshops to review project concepts had been good. Vice Mayor Jablin thanked everyone for his or her good work. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Sabatello, carried /-OAhe greetin24as adjourned at 7:00 p.m. APPROVAL: MAYOR USSO n11 CH AN PRO TEM SABATELLO W COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST:- :,�i "„C, CAROL GOLD, CITY CLERK -, • �- .mss - ',, ^, V"- 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 2, 2003 ORDINANCE 20, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO ARCHITECTURAL DESIGN GUIDELINES FOR NON- RESIDENTIAL DEVELOPMENT; CREATING A NEW SECTION 78 -192, CODE OF ORDINANCES TO BE ENTITLED "ARCHITECTURAL DESIGN GUIDELINES FOR NON - RESIDENTIAL DEVELOPMENT "; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, architectural design guidelines play an important role in establishing and maintaining high standards of design and aesthetics for future growth, development, and redevelopment; and WHEREAS, the Planning and Zoning Commission convened a subcommittee that met in 2001 and 2002 to assist in drafting said guidelines; and WHEREAS, on May 13, 2003, the Planning and Zoning Commission reviewed said guidelines and recommended its passage; and WHEREAS, on June 10, 2003, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendment to the City's Land Development Regulations related to architectural design guidelines for non- residential development; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. A new Section 78 -192, Code of Ordinances entitled "Design Guidelines for Non - Residential Development is created to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 2, 2003 Ordinance 20, 2003 Section 78 -192. Design Guidelines for Nor,- Residential Development (a) Purpose and intent. Architectural design guidelines for non - residential development have been developed in order to communicate the City's desire to establish and maintain high standards of design and aesthetics for future growth, development, and redevelopment within the City. The guidelines are not intended to direct architects and developers towards specific design solutions, especially those that are depicted as illustrative examples within this document. While these guidelines are advisory, it is the City's desire to strongly encourage all development and redevelopment projects to use them as a reference in all site, landscape, and elevation plans. (b) Adoption of guidelines The City Council shall, by resolution, adopt the architectural guidelines for non - residential development. (c) Scope, applicability, and effect. The adopted guidelines shall apply to all non- residential development or redevelopment proposed throughout the City of Palm Beach Gardens. For the areas within the PGA Boulevard Overlay Corridor and Northlake Boulevard Overlay Zone, the guidelines shall apply to the maximum extent possible where there is no conflict. Whenever a conflict exists, the applicable overlay zone applies. For purposes of this section, non - residential development shall be construed to mean any building that is not intended as full -time, year -round living quarters. Non - residential development shall include the following: a. Retail b. Office c. Industrial d. Civic e. Institutional f. Recreational g. Hotel h. Performing facility i. Movie theatre j. Hospital (d) Existing approvals. Existing development and approvals granted prior to the effective date of these Design Guidelines are not subject to these guidelines. However, any substantial changes to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously- approved development plan or the continuation of a partially - developed development plan are encouraged to conform to these guidelines to the extent feasible. SECTION 3. Codification of this Ordinance is hereby authorized and directed. 2 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 2, 2003 Ordinance 20, 2003 SECTION 4. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2003, upon first reading. PASSED AND ADOPTED this day of , 2003, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney G:\attorney_ share \ORDINANCES \design guidelines.doc 3' FOR AGAINST ABSENT 0 June 18, 2003 Beach City of Palm Design For Non-Residential Growth Management Department Planning and Zoning Division June 18, 2003 Table of Contents (a) GENERAL PROVISIONS --------------_----------------------------.l (l) Purpose and intent .................................................. | ...................................................................................... l u. Building design principles .................................................................................. ................................... l h. Site design pducipdea------------' ----------------------------'2 CD 8coycuypliva6ildyuudcfGct----------.----------------------------'3 (B Existing approvals .................................................. ,...................................................................................... 3 (b) ARCHITECTURAL DESIGN ........................................................................................................................... 4 (l) Building design elements -------------r----------------------------.4 a. Fugudc/wuD height transition ................................................................................................................. 4 b. Design treuunont--------------.----------------------------'4 o. 8oddbzg elevations ......................................... ...................................................................................... 4 di Preferred building exterior wall fioidzes............................................................................................... 4 e. ldeudouo«xubotaudu8yaioilur buildings ............... ............................................................................ 5 f, Trademark forms and colors .................................................................................................................. 5 g. Customer entrance standards ................................................................................................................. 5 b. Mechanical equipment screening ------'r----------------------------.6 i Gutters and down spouts ........................................................................................................................ 6 j. Service and storage yards, loading docks ............................................................................................... 6 k. Shopping carts ........................................................................................................................................ 6 lMailboxes ................................................................................................................................................ 6 in. Satellite dishes ................................................. ...................................................................................... 6 o. Telephones, vending machines, newspaper racks, etc ' ......................................................................... 6 o. Underground utilities ............................................................................................................................. 7 p. Accessory structures .............................................................................................................................. 7 (2) Preferred roof styles ............................................... ...................................................................................... 7 u. Mansard roofs .................................................. --------------........ -----------'7 \x Roof treatments ....................................................................................................................................... 7 E0 Preferred roof materials for sloped roof areas ............................................................................................... 7 u Preferred roof materials for pitched roofs .............................................................................................. 7 lx Discouraged roof materials for pitched roofs' ...................................................................................... 7 (4) Building colors ............................................................................................................................................. .7 (c) SITE DESIGN ..................................................................................................................................................... .8 (l) Building orientation ................................................ ' ----------------------.8 (O Comer lots .................................................................................................................................................... .8 [B Parking .......................................................................................................................................................... .8 a. Pedestrian circulation io parking facilities ............................................................................................ .8 b. Loudbgbcildiea -------------------------------------------. .8 cWheel stops ............................................................................................................................................ .V (4) Pedestrian amenities ..................................................................................................................................... .0 a.ylazuo --------------------- ' --------------------------..0 }z Width and materials ............................................................................................................................... .9 c. AASBT0 consistency ........................................................................................................................... .0 d- Disoourugcdoleoeots ----------------------------------------- .V (5) Land Use Principles ..................................................................................................................................... .0 (d) S3GNAGE ............................................................................................................................................................ lO (l) Preferred Sign Types ............................................... .................................................................................... lO a. Wall Signs ............................................................................................................................................ lO b. Mxuuucot Siguo---------------. : .---------------------------'lO c Sign Composition .------------------------------------------'lO (2) Discouraged Sign Types ......................................... : .---------------------------'ll a. Wall Signs ............................................................................................................................................ ll b. Monument Signs .................................................................................................................................. ll (B Miscellaneous .............................................................................................................................................. l3 (e) ROADWAY DETAILS ...................................................................................................................................... l3 UULIGHTING ......................................................................................................................................................... l3 June 18, 2003 (a) GENERAL PROVISIONS (1) Purpose and intent Architectural design guidelines for non - residential development have been developed in order to communicate the City's desire to establish 'and maintain high standards of design and aesthetics for future growth, development and redevelopment within the City. The guidelines are not intended to direct architects and developers towards specific design solutions, especially those that are depicted as illustrative examples within this document. The illustrative examples are meant to assist the public in interpreting the general intent of the language with which they are associated. It is the City's desire that design professionals use these communication tools to assist them in formulating creative and innovative solutions for project designs, and not to convert these images into a specific design for new and/or remodeled projects. More specifically, the design of each project should integrate principles and concepts derived from these guidelines into solutions, which respond to the special and unique opportunities and constraints that accompany each building type and site. It is also the City's intent to have these guidelines applied in an appropriate manner, dependant upon the type and location of each project. Clearly, the City comprises many different areas — each with a different degree of public importance and visibility. In that regard, many of the more extensive design components and planning principles may more clearly apply to urban, high - visibility locations, such as PGA Boulevard. On the other end of the spectrum, there may be a lesser application of certain design components and principles in less visible locations, such as industrial parks, etc. And likewise, there will be many other locations in the City, which are important yet not highly visible properties, and the design guidelines will apply to them in an appropriate manner. It is the intent of this document to establish this gradation of design applicability, allowing the Growth Management Staff, the Planning and Zoning Commission and the City Council to apply the appropriate degree of applicability in their review of each project's design features. a. Building design principles 1. Buildings shall have architectural features and patterns that provide visual interest. Facades shall be designed to reduce the mass /scale. Building wall offsets, including projections, recesses and changes in floor level shall be used to add architectural interest and variety, and to relieve the visual effect of blank walls or large areas of relatively plain appearance. 2. Exterior public and semi - public spaces, such as courtyards and plazas, shall be designed to enhance the surrounding buildings and to provide community amenities, such as lakes, benches, trellises, gazebos and fountains. 3. Buildings at street corners shall be considered significant structures and shall be designed with architectural features, such as corner towers and features that interact in a complementary manner with the corner. 4. Building facades shall be designed to be harmonious with their surroundings. This should not be construed as creating look -alike buildings. Harmony shall be achieved through the use of scale, proportions, form, materials, texture, and color. 5. Buildings shall relate to streets and public spaces by providing an ordered variety of entries, windows, bays, and balconies along public ways. Ground floors should have a high degree of transparency to encourage interaction between sidewalk activity and uses within the building. Buildings shall have human scale in details and massing. The implementation of this guideline may take into consideration the specific use and function of the building. The design character of buildings shall avoid cluttered forms that have no apparent system of organization. City of Palm Beach Gardens Design Guidelines June 18, 2003 6. Building exteriors should provide shelter from the summer sun, where appropriate. Porticos, awnings, arcades, and overhanging eaves are particularly appropriate at pedestrian walkways adjacent to the building. Building massing and changing roof forms shall be used to emphasize the location of building entries. For example; greater height can be used to accentuate entries in the form of tower elements, tall voids, or a central building mass. 8. Buildings or structures that are part of an unbuilt phase shall have character and design compatible with the positive design features of existing buildings to the maximum extent feasible.' Existing buildings should be, improved, when appropriate, to make the entire project design in keeping with the' design guidelines. (See Figure a -1, Building Transition) Buildings shall reflect a continuity of treatment. Examples of this include, but are not limited to, the following: (i) Maintaining the building scale or by gradual changes in' form; Unity of Character New R of im IBudefing U ai L on .. me Preferred Existing Bulkfiru;s RR m R u u as uu nu Sol FoI � n LILL » Relationship to Adjacent Structure(s) e of Stepped Massing of New Buildings Discouraged `-No Relationship to Adjacent Massing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line; (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian- friendly gathering spaces through the provision of well- designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. City of Palm Beach Gardens Design Guidelines New i i ■ Building Existing s o n U Buildings 0 ■■` ,: R L7 m SI u u u Lu W ■ E ■ F I■ >u ��I� ""I !U1111 Discouraged `-No Relationship to Adjacent Massing & Structure Building Transition Fig. a -1 (ii) Maintaining front yard setbacks at the build -to line; (iii) Maintaining horizontal base courses; (iv) Extending the horizontal line of fenestration; and/or (v) Echoing architectural styles and details, design themes, building materials and colors found in surrounding buildings. (See Figure a -1, Building Transition) Site design principles Sites shall be designed to contribute to pedestrian- friendly gathering spaces through the provision of well- designed walking paths, pedestrian spaces with furnishings, public art, generous plantings, marked crosswalks, and vehicular parking and circulation areas clearly separated from such pedestrian amenities. Pedestrian circulation systems shall include gathering /sitting areas that provide for benches, landscaping and other street furniture. Pedestrian walkways shall connect all buildings within a site with major perimeter public sidewalks and all on -site vehicular parking areas. Streets and other public outdoor spaces shall be functional, attractive and designed to enhance and encourage the pedestrian's usage. Development shall be designed to achieve a balanced transportation system that invites pedestrians, bicyclists and transit riders, as well as motor vehicles. City of Palm Beach Gardens Design Guidelines June 18, 2003 3. Landscaping shall be designed to frame major architectural features and primary public spaces, and to provide shade and enhance the pedestrian environment. (2) Scope, applicability and effect The adopted guidelines shall apply to all non - residential development or redevelopment proposed throughout the City of Palm Beach Gardens. For the areas within the PGA Boulevard Overlay Corridor and Northlake Boulevard Overlay Zone, the guidelines shall apply to the maximum extent possible where there is no conflict. Whenever a conflict exists, the applicable overlay zone applies. Non - residential development shall be construed to mean any building that is not intended as full - time, year -round living quarters. Non - residential development shall include the following: a. Retail b. Office C. Industrial d. Civic e. Institutional f. Recreational g. Hotel h. Performing facility i. Movie theatre j. Hospital (3) Existing approvals While existing development and approvals granted prior to the effective date of these Design Guidelines are not subject to these guidelines. However, any substantial changes to previous approvals, redevelopment, or development approvals which have been granted time extensions for a previously- approved development plan or the continuation of a partially - developed development plan are encouraged to conform to these guidelines to the extent feasible. City of Palm Beach Gardens Design Guidelines . 3 June 18, 2003 (b) ARCHITECTURAL DESIGN (1) Building design elements a. Fagade /wall height transition New buildings that are located within 300 feet of an existing building, and are more than twice the height of any existing building within 300 feet should provide massing elements to provide a transition between the existing buildings of lower height and the proposed development. The transitional massing element should be no more than 100 percent taller than the average height of the lower adjacent buildings. b. Design treatments In addition to the basic design requirements, both single and multi -use buildings and projects are encouraged to meet a minimum of four of the following design treatments: 1. Canopies or porticos, integrated with the building's massing and style; 2. Overhangs proportional in size to the mass of the building; IN 3. Arcades, with minimum eight (8) feet width preferred (see Figure b- Arcade Example 1, Arcade Example); Fig. b -1 4. Pitched roof forms over substantial portions of the building's perimeter including gable and hip roofs; 5. Ornamental and structural architectural details, in addition to cornices, which are integrated into the building structure and overall design; 6. Decorative tower features; 7. Articulated facades involving appreciable vertical and horizontal breaks of the plane of the building and roof lines; 8. Exterior arched treatment on at least two sides of the building; 9. Amply sized window openings placed appropriately to the use of the building; 10. Any other treatment that meets the intent of this section, as determined by the City. C., Building elevations All building elevations or portions thereof should receive design treatment including architectural elements, fagade treatment and landscaping. This does not apply to the particular elements suitably screened from public view. d. Preferred building exterior wall finishes 1. Stucco 2. Stone (including pre -cast concrete with stone appearance) 3. Brick City of Palm Beach Gardens Design Guidelines 4 e f. g- June 18, 2003 4. Wood (in limited quantities) 5. EIFS (Exterior Installation & Finishing Systems), excluding locations where pedestrians may have contact with building below seven feet above fmished first floor. 6. Architectural pre -cast concrete. 7. High quality metal panel systems, not including metal siding. Identical or substantially similar buildings Buildings and structures that are identical or substantially similar in design are discouraged, except as outlined below. This does not prohibit the duplication of floor plans and exterior treatments in a planned unit development or planned community development where identical or substantially similar buildings can be used to create an aesthetically pleasing environment. The intent is to encourage diverse architectural expressions and avoid repetitive design that is not employed to develop creative architectural solutions. Trademark forms and colors Buildings and structures which use trademark or symbolic forms and colors and which have a negative impact on the visual environment of the area are discouraged. Customer entrance standards Tenant/customer entrances should be emphasized by articulation of the exterior architecture. (See Figure b -2, Clearly Defined Entries) 1 Tenants /customer entries for single tenant buildings Entryways Single tenant buildings should have clearly defined, highly visible tenant/customer entrances that should include an I outdoors plaza area adjacent to the customer entrance in adequate proportion to the building size that incorporates the following: (i) Benches or other seating components; (ii) Decorative landscape planter; (iii) Structural or vegetative shading elements. 2. Tenant/customer entries for multiple tenant buildings Multiple -user office build- ings should have clearly defined, highly visible customer entrances. 7:01111 ■ ■ ■■ Dlicovraged Oi �■�■ �■■■ Builrlenq Entry dearly identified on all s of the building M: ee ee ayMng Entry Clearly Defined Entries Fig. b -2 ■■ ■■■■ ■■■■ City of Palm Beach Gardens Design Guidelines 5 June 18, 2003 h. Mechanical equipment screening The highest portion of mechanical equipment, such as backflow preventers, meters and valves for public utilities operations, satellite antennas, heating and ventilating, air - conditioning, or other utility hardware on roofs, ground, or buildings should be installed at or below the lowest elevation or level of screening materials. Materials used for screening purposes on roofs or buildings should match the architectural style, color, and materials of the principal building. This equipment should be located to prevent visibility from any street and/or adjoining property. Landscape screening and berms should be utilized to soften ground level screen walls. Gutters and down spouts Internal drainage is preferred. On building elevations not visible from public rights -of -way, gutters and down spouts, if used, should be painted to match the surface to which they are attached. However, down spouts, if 'exposed, can be organized to reinforce the rhythm of an architectural motif. Service and storage yards, loading docks All refuse and waste containers, recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage yards, and loading docks should be located in the rear or side yard. All such service equipment and service areas should be screened from view from any street or adjoining property by means of a wall, landscaping, or other methods approved by the City. k. Shopping carts If shopping carts are stored or left outside, shopping cart corrals shall be required, subject to the standards listed below: Screening Outdoor cart storage areas shall be screened from view by means of a wall or other methods approved by the City. 2. Materials The corrals shall be constructed of masonry or concrete solid walls with finishes that match the primary structure. Mailboxes Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases, the design and installation of mailboxes shall comply with the standards listed below: The City and the U.S. Postal Service shall approve the size, type and location of mailboxes. 2. Freestanding mailboxes shall be indicated on a City- approved site plan and shall be landscaped consistent with and architecturally compatible to the development. M. Satellite dishes Pursuant to the Land Development Regulations, satellite dishes may be installed in the permitted zoning district. It is preferred that the dishes not be visible from any right -of -way and its color is compatible with the surrounding environment. Plans for the installation of communication equipment such as dishes and antennas shall be submitted during the site plan approval process. All local regulations governing the placement of satellite dishes and antennas are subject to the applicable provisions of federal, state and local law. n. Telephones, vending machines, newspaper racks, etc. All public telephones, vending machines, newspaper racks, and facilities dispensing merchandise or services on private property should be screened from public view with a City of Palm Beach Gardens Design Guidelines June 18, 2003 physical structure or landscaping. Landscaping and design of screen walls should match the principal structure. Underground utilities All new, reconstructed, or relocated, utilities lines occurring as a result of new development and redevelopment, including but not limited to electric, telephone and television cable utilities, are strongly encouraged to be placed underground. Costs for underground installation shall not be borne by the City. P. Accessory structures The design of freestanding covered parking structures, garages, equipment buildings, etc. should be of aesthetically pleasing materials (which shall be replaced whenever wear or fading occurs) with an attempt to blend with the architecture of the principal building. Well - proportioned support columns of permanent material, such as masonry /concrete should be used. Long, extended stand -alone carports are discouraged. (2) Preferred roof styles a. Mansard roofs Mansard roofs are discouraged. Roof treatments Variations in rooflines should be used to add interest to and reduce the mass of buildings. Roof features should be in scale with the building's mass and complement the character of adjoining and/or adjacent buildings and neighborhoods. Roofing material should be constructed of durable high- quality material in order to enhance the appearance and attractiveness of the community. (See Figure b -3, Roof Types and Figure b -4, Roof Features) (3) Preferred roof materials for sloped roof areas a. Preferred roof materials for pitched roofs 1. Glazed or unglazed ceramic tile 2. Concrete or clay tile 3. Slate 4. Pre - finished metal roofing panels b. Discouraged roof materials for pitched roofs 1. Asphalt shingles 2. Wood shakes 3. Rustic metal roofing (4) Building colors Building materials and color selection should achieve visual order, should be selected from a complementary family of colors, and should minimize stark contrasts. City of Palm Beach Gardens Design Guidelines Cable Roof Flat roof Hip Roof with parapet Roof Types Fig. b -3 Roof Features Qua�tty tour breaks �P mass of buitdin9, adds interest and defltces entry Q ........ .... ............'.,` ...... Boom uu uu Laa uuuuuu uu uu i■ r ' rm B rr m W Roof Features Fig. b -4 (c) SITE DESIGN (1) Building orientation Buildings should front onto a street or boulevard where practical. (See Figure c- 1, Building Orientation) (2) Corner lots Corner lots at an intersection of two or more arterial or major collector roads should be designed to emphasize their location. Buildings and structures on corner lots should be designed with architectural embellishments such as comer towers and features that interact in a geometrically complementary manner with the corner. (See Figure c -2, Corner Lots) June 18, 2003 (3) Parking a. Pedestrian circulation in parking facilities Parking driveways and associated walkways should be designed so as to separate pedestrians from vehicle travel lanes. 2. Pedestrian sidewalk sys- tems should be integrated, to the extent possible, into the interior and/or perimeter landscaping of parking lots; . constructed with a paved or similarly hard surface, at least five (5) feet in width; and separated from vehicular and parking areas by grade, curbing and/or vegetation, except for necessary ramps. Figure c -1, Building Orientation Figure c -2, Corner Lots Neighboring properties are strongly encouraged to link their parking lots together and to share common driveways. Perimeter sidewalk systems should connect to interior buildings to achieve pedestrian connectivity and to be in compliance with ADA requirements. b. Loading facilities When required, loading area's, solid waste facilities, recycling facilities and other service areas should be placed to the rear or side of the building in visually unobtrusive locations. 2. Screening should prevent direct views of loading areas and their driveways from adjacent properties and from the public rights -of -way. Screening should also prevent lighting glare, noise or exhaust fumes. Screening and buffering should be achieved City of Palm Beach Gardens Design Guidelines June 18, 2003 through the use of walls, fences and landscaping. Buffers should be visually opaque and completely obscure the contents and facilities. C. Wheel stops In lieu of wheel stops, landscape diamonds are encouraged to interrupt open parking areas, provided they are no more than four (4) parking spaces apart. (4) Pedestrian amenities a. Plazas A provision for intermittent, shaded outdoor plazas should be properly distributed throughout a project. Plazas should be located within or adjacent to the circulation path of the complex or main structure, and should incorporate benches or other seating components. b. Sidewalk width and materials Sidewalks in the public rights -of -way should be a minimum of six (6) feet in width (unless higher standards are applicable), and should be constructed of stone, textured concrete, concrete pavers or brick. Sidewalks not within public rights -of -way should be at least five (5) feet wide and may also be constructed of a broom - finished concrete. C. AASHTO consistency Facilities for bicycles and pedestrians shall be designed consistent with the standards adopted by the American Association of State Highway and Transportation Officials or other applicable agency. Continuous, interconnected pathways are encouraged as follows: 1. Provide continuous interconnection from all public sidewalks to the entrances of all buildings; 2. Allow pathways to meander when practical; 3. Maintain a pathway with as few conflicts with vehicular traffic as possible; and 4. Allow installation of amenities such as benches, fountains, trellises and arbors that enhance the pathway. d. Discouraged elements The following items are discouraged to be within primary public view: 1. Chain -link fences; 2. Unfinished concrete or masonry walls excluding architectural concrete; 3. Dumpster enclosures, trash receptacles, excluding City- approved street furniture; 4. Artificial plants or turf, 5. Visible neon; and 6. Elements with highly reflective or bright - colored surfaces. (5) Land use principles a. Interconnected streets and driveways are encouraged. Parking areas more than 50 feet deep in a dead -end condition are strongly discouraged. b. It is encouraged to use a combination of berms, walls and landscaping to achieve the desired buffering effect separating vehicular use areas from the public right -of -way. City of Palm Beach Gardens Design Guidelines 9 (d) SIGNAGE (1) Preferred sign types a. Wall signs 1. Internally illuminated signs with individual letters. 2. Backlit channel letters with individual letters. (Fig. d -1) 3. Non - lighted three - dimensional letters. 4. Other types, as approved by the City. Example of backlit channel letters b. Monument signs Fig. d -1 1. Signs using predominantly permanent building materials, compatible with building design, with limited box -type manufactured components. (Fig. d -2) 2. Signs that have massing that create a base, middle and a top. C. Signage Composition 1. Sign text should not exceed a: reasonable percentage of the field upon which it is placed, nor should the vertical or horizontal dimension of the sign face exceed 80% of the vertical or horizontal surface upon which they are placed. (Fig. d -3) June 18, 2003 Example of preferred monument sign Fig. d -2 Examples of preferred sign composition and proportion Fig. d -3 City of Palm Beach Gardens Design Guidelines 10 (2) Discouraged sign types a. Wall signs 1. Neon signs. 2. Excessively - illuminated signs. 3. Signs on continuous raceways, unless low profile raceway, located at the bottom of the letters, and painted to match the wall face on which it is attached. 4. Disorganized composition of different signs on a wall face. (Fig. d-4) 5. Signs that are too large for the immediate wall face on which they are mounted (overall height or width wise). (Fig. d -5) 6. Flat thin letters that are attached directly to the exterior wall face (letters under 12" high would be an exception). 7. Backlit awning signs that use illumination of awning (awning signs are currently not allowed by Code). 8. Cabinet signs that are contained in pre - manufactured box cabinets. 9. Any wall sign supported or fed electrically via conduit or piping supports that are draped over parapet or exterior walls and exposed. (Fig. d -6) b. Monument signs 1. Brightly illuminated cabinet signs, especially with white translucent face as a major component (more than 20% of illuminated sign face). 2. Rustic carved signs, unless design is complementary to building design. 3. Signs that are predominantly pre - manufactured cabinet signs without relating to the design and/or materials of the buildings. (Fig. d -7) June 18, 2003 Example of disorganized composition Fig. d-4 Example of inadequate proportion Fig. d -5 Example of sign draped over exterior wall Example of cabinet sign without relating to the monument sign Fig. d -7 City of Palm Beach Gardens Design Guidelines 11 Example of poor horizontal placement (5% margin) Fig. d -8 Example of poor vertical placement (5% margin) Fig. d -10 Example of poor overall placement (5% margin) Fig. d -12 June 18, 2003 Example of good horizontal placement (20% margin) Fig. d -9 Example of good vertical placement (20% margin) Fig. d -11 Example of good overall placement (20% margin) Fig. d -13 City of Palm Beach Gardens Design Guidelines 12 June 18, 2003 (3) Miscellaneous a. Waivers from the Sign Code for Planned Unit Development (PUD) projects may be considered if creativity in sign design is desired. b. For overall projects, proposed signage programs should be submitted that illustrate maximum potential sign sizes graphically to scale for all sign areas to receive signs. Colors, fonts, sign types and overall composition should be described and defined in scaled colored drawings. Well- designed logos will be considered when allowed by Code. C. Directional signage and other site graphics should be defined and submitted with basic wall and monument sign programs. (e) ROADWAY DETAILS (1) At street intersections, sidewalks should continue across street surfaces using decorative paving materials to delineate crosswalks. (2) Decorative pedestrian -scale sidewalk lighting should be provided in locations of heavy pedestrian activity, and at a height of no more than twelve (12) feet with poles constructed from steel, cast iron, aluminum or spun concrete. Lighting fixtures and poles should be of a consistent architectural style and should complement the predominant architectural theme of a project. (3) In situations where traffic calming is desired, on- street parallel parking is encouraged along local streets as one method. Traffic calming consideration shall be consistent with the City policy set forth in Resolution 175, 2001. (1) LIGHTING (1) Lighting should be used to provide illumination for the security and safety of on -site areas such as parking, loading, shipping, receiving, pathways, and working areas. Lighting design should take into consideration principles and practices of Crime Prevention Through Environmental Design (CPTED). (2) The design of light fixtures and their structural support should be architecturally compatible with main buildings on -site. Light fixtures should be integrated within the architectural design for the buildings. (3) Exterior lighting shall be developed in conformance with the City's land development regulations. Alternate means of illuminating pedestrian'areas and building features are encouraged. This would include the use of up- lights on major landscape and building elements, low and medium height lights (bollards and plaza pole lighting along pedestrian areas) and wall- mounted decorative sconces on buildings (both accent lights as well as large feature sconces). (4) Lighting which produces concentrated glare; visible from adjacent rights -of -way and private property is discouraged. The use of recessed lights or perimeter baffles should be used to avoid this. (5) Any extremely bright light focused on a building is discouraged. Instead, a series of smaller, less intense lighting spread out over a larger area is recommended. (6) Height and spacing of fixtures are both an aesthetic and functional consideration. Residential lighting should relate directly with human scale proportions. In general, post -style fixtures should not exceed eight (8) feet in overall height. Ground fixtures should vary between six (6) to twenty- four (24) inches high and are encouraged for residential use. Spacing standards vary depending on the amount of illumination desired. P &Z/P &Z share/PBGDesignGuidelines.a.doc City of Palm Beach Gardens Design Guidelines 1 13 City of Palm Beach Gardens Ue4'`'f `°P'' Council'Agenda July 3, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 ✓Mayor Jablin � Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING July 3, 2003 7:00 P.M. '� I. PLEDGE OF ALLEGIANCE .1111. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS/ PRESENTATIONS: r V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: a. Update regarding City Entryway Signage / City Logo (POC Sheryl Stewart) fa.lxii .3 - A VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: s a. Resolution 116, 2003 — Interlocal Agreement with the Town of Juno Beach. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute an Interlocal Agreement with the Town of Juno Beach for building inspection services; and providing an effective date. b. Resolution 117, 2003 — Contract Award to Dunsworth Construction. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the construction of the hardscape improvements associated with the Allamanda drive traffic- calming project to Dunsworth Construction, Inc.; and providing for an effective date. Resolution 119, 2003 — Agreement with Seacoast Utility. A Resolution Of The City Council Of The City Of Palm Beach Gardens, Florida approving an agreement with Seacoast Utility Authority for use of a utility easement; and providing an effective date. (POC Christine Tatum) IX. PUBLIC HEARINGS: PART I - OUASI- JUDICIAL a. Resolution 71, 2003_ - Site Plan Amendment for Parcels 27.05/06. A Resolution Hearing Opened: of th f the Cit of Palm Beach Gardens, Florida approving an Title Read: amendment to a previously approved site plan or Parce . /06 within the Ex -Parte: Regional Center Development of Regional Impact (DRI) to allow the replacement Presentation: of a 24,500 square -foot two -story office building 2 with two single -story office Hearing Closed: ✓ buildings known as buildings 8 and 9 with a total square footage of 19,978; Vote: 3- 42 providing for conditions of approval; providing for waivers; and providing an 0:1yes X =,00 effective date. X. RESOLUTIONS: a. Resolution 100, 2003 - Architectural Design Guidelines Adoption. A Resolution of the City Council of the City Of Palm Beach Gardens, Florida adopting a. Architectural Design Guidelines for non- residential development within the City; y�D and providing an effective date. Fes)" XI. ORDINANCES: (For Consideration on First Reading) Sv\ w a. Ordinance 20, 2003 - Architectural Design Guidelines LDR Change. An Ordinance of the City Council of the City Of Pa Gardens Florida relatin&_to Arc tec ur esign Guidelines for non - residential development; q.0 creating a new section 78 -192, Code Of Ordinances to be entitled "Architectural Design Guidelines for Non - Residential Development "; providing for codification; and providing an effective date. 4P9E3 G�ar-!@s 441) XU. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. k"I'i z r4 J_ a O WV I- v OL LL - Q O z *� W — 23 O CC U a O O O E a z N zo U s a' c a) N � 0 y Q C � 0 � 0 � U U � � N 0 C)) 4-1 M 7 'i 0 0 0 y Qr U L o t U J a N U E O) � 'O O 4a 0 C N E 0 � N V co t 4J O :+ p E N p L = U c 'V E O t U N nU H T CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council Members THROUGH: Ron Ferris, City Manager FROM: Charles Wu, Growth Management Administrator DATE: July 3, 2003 SUBJECT: Amendment to the Gross Square Footage Definition of the City Code Update On May 15, 2003, the City Council directed staff to amend Section 78 -751, Definitions, of the City's Land Development Regulations to allow for excluding common walkways, enclosed stairways, electrical rooms, receptacle rooms, storage rooms, and ground floor bathrooms from the calculations of gross square footage. The City Council directed staff to amend the definition based on a request made by applicants of the recently approved Downtown at the Gardens within the Regional Center Development of Regional Impact (DRI). Staff has consulted the Florida Department of Community Affairs (DCA) regarding the proposed amendment to the Code, since it involves a project within a DRI, to ensure that the amendment would be in compliance with Chapter 380 of the Florida Statutes and the rules and procedures implemented by DCA governing DRIs. DCA has indicated that its interpretation of "gross floor area" involves the total enclosed areas of structures, including lobbies, atriums, walkways, and enclosed utility areas. This ruling has been articulated in binding letters of determinations issued by DCA over the years. (Please see attachment.) However, DCA has indicated that local governments may amend their gross square footage definitions as they apply only to local non -DRI projects to exclude certain areas as proposed by the applicants of Downtown at the Gardens. Based on this ruling, the applicants of Downtown at the Gardens can not exclude the 11,000 square feet of common walkways, bathrooms, storage rooms, electrical rooms, and receptacle rooms from the overall development square footage since this project is located within a DRI. The applicants of Downtown at the Gardens have been notified of this development and were provided with a copy of the attached letter from DCA. According to Condition # 10 of Resolution 91, 2003, the applicants of Downtown at the Gardens have until August 15, 2003, to submit an amendment to the site plan to include the unaccounted for 11,000 square feet into the project, per the Development Order of Downtown at the Gardens. CC: Talal Benothman, Principal Planner Patty Snider, City Clerk Christine Tatum, City Attorney Don Hearing, Agent 06125/2003 10:25 8504883309 COMM PLANNING �t "rl . J�^•t l � Y 1� STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PAGE 02 G� G 2 7 4 0 C E N T E R V I E W D R I V E • TA I L A H A $ S E E, F L O R I D A 3 2 3 9 9 006 MARTINEZ Ma x 11 1988 THOMAS G. PEINAM Governor Secretary Mr. Richard Coker English, McCaughan & o'Bryan First Fort Lauderdale Avenue 100 Northeast Third Avenue, Suite iloo Fort Lauderdale, Florida 33301 -1146 Dear Mr. Coker: Your letter of April 19, 1988, to Larry Keesey of this Department requests an interpretation of "gross square feet" as it applies to Development of Regional Impact (DRI) guidelines and standards, pursuant to Section 380.06, Florida Statutes, and Chapter 28 -24, Florida Administrative Code (F.A.C.). Rule 28- 24.020, F.A.C., establishes the square footage DRI threshold for office development as "300,000 or more square feet of gross floor area ". It has long been Departmental policy that the interpretation of office "gross floor area" involves the total enclosed areas of office structures, including lobbies, atriums, walkways, etc. This would also include enclosed roof areas housing utilities to service the building. This interpretation is based on general planning, real estate and building concepts, and has been articulated in binding letter determinations over the years. I hope that this clarifies the Department's interpretation of "gross floor area'lk as it applies to the DRT guidelines and standards of Rule 28 -24, F.A.C. If we can be of any further help, please feel free to contact me or Henry F. Bittaker of my staff in the Bureau of State Planning at (904) 488 -4925, Si ce el J. 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