HomeMy WebLinkAboutAgenda Council Agenda 021810
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 18, 2010
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. HONDA CLASSIC DELEGATION OF ECONOMIC IMPACT.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 4) APPROVE MINUTES FROM JANUARY 14, 2010 CITY COUNCIL MEETING.
b. (Page 8) APPROVE MINUTES FROM JANUARY 21, 2010 CITY COUNCIL MEETING.
c. (Staff Report on Page 12, Resolution on Page 15) RESOLUTION 5, 2010 -
AGREEMENT WITH THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE
2010 HONDA CLASSIC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE
CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2010 HONDA CLASSIC PGA
GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A
PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND
EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
d. (Staff Report on Page 29, Resolution on Page 31) RESOLUTION 7, 2010 – APPOINT
THE SUPERVISOR OF ELECTIONS AS AN ADDITIONAL MEMBER TO THE CITY’S
CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
ELECTIONS, OR HER DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF
PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE
SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE
BALLOTS; TO CANVASS THE MUNICIPAL ELECTION; AND TO CONDUCT THE
LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY;
AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE
PURPOSE OF CONDUCTING THE MUNICIPAL ELECTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
e. (Page 33) PROCLAMATION – FLORIDA SURVEYORS & MAPPERS WEEK.
f. (Page 34) PROCLAMATION – HONDA CLASSIC CHAMPION – YE YANG DAY
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 35, Ordinance on Page 43) ORDINANCE 2, 2010 – (2ND
READING AND ADOPTION) POLICE OFFICERS’ RETIREMENT TRUST FUND. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CITY OF PALM BEACH
GARDENS CODE OF ORDINANCES AT SECTION 50-61. DEFINITIONS. BY
REPEALING THE DEFINITIONS OF “CREDITED SERVICE”, “POLICE OFFICER”,
AND “SALARY” AND READOPTING SAME, AS REVISED; FURTHER AMENDING
CHAPTER 50 BY REPEALING SECTIONS 50-82, 50-90, 50-124 AND 50-127 AND
SUBSECTIONS 50-114(E), 50-118(D), 50-120(B) AND 50-152(D) IN ORDER TO
ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE AND RELIEF
TAX ACT OF 2008 INTO THE POLICE PENSION TRUST FUND REGULATIONS AND
FOR CONSISTENCY WITH CHAPTER 185, FLORIDA STATUTES; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50.
POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
b. *(Staff Report on Page 56, Ordinance on Page 77, Resolution on Page 82)
ORDINANCE 3, 2010 - (2ST READING AND ADOPTION) REGIONS BANK PLANNED
UNIT DEVELOPMENT MAJOR CONDITIONAL USE WITH SITE PLAN. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE
LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1)
PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT TOTALING
1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE NORTH SIDE OF
NORTHLAKE BOULEVARD APPROXIMATELY 500 FEET EAST OF I-95, WITH A
STREET ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY KNOWN
AS THE “REGIONS BANK PROPERTY”; PROVIDING THAT THIS PARCEL OF REAL
PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE
ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT
(PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF CG-1;
PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS
BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
RESOLUTION 3, 2010 IS A COMPANION ITEM TO ORDINANCE 3, 2010
AND WILL REQUIRE COUNCIL ACTION.
RESOLUTION 3, 2010 - REGIONS BANK PLANNED UNIT DEVELOPMENT MAJOR
CONDITIONAL USE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK PLANNED
UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL USE, AND SITE PLAN IN
ORDER TO ALLOW A 3,820-SQUARE-FOOT BANK WITH FIVE (5) DRIVE-THRU
LANES AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
c. (Staff Report on Page 108, Ordinance on Page 115) ORDINANCE 5, 2010 – (2ND
READING AND ADOPTION) PAIN CLINIC. AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78.
LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-159(J)(47.1) AND BY
AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED USE
CHART IN ORDER TO ADOPT REGULATIONS PERTAINING TO MEDICAL
OFFICES; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. DEFINITIONS.
BY REPEALING THE DEFINITIONS OF “DRUGSTORE OR PHARMACY”, “OFFICE,
MEDICAL OR DENTAL”, AND “OFFICE, BUSINESS OR PROFESSIONAL” AND
READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY SUCH
DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any
decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon which the
appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Rel ay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS SPECIAL COUNCIL MEETING PAGE 1
01•14•10
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
SPECIAL MEETING 3
JANUARY 14, 2010 4
5
The special meeting was called to order at 7:04 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett, Councilmember Robert Premuroso. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
None. 13
IV. ANNOUNCEMENTS AND PRESENTATIONS 14
None. 15
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 16
None. 17
VI. CITY MANAGER REPORT 18
None. 19
VII. COMMENTS FROM THE PUBLIC 20
Lea Rosenberg, 12884 Touchstone Place, Palm Beach Gardens. 21
VIII. CONSENT AGENDA 22
None. 23
IX. RESOLUTIONS 24
The City Clerk read Resolution 102, 2009 by title. 25
a. Resolution 102, 2009 – Proportionate Share agreement related to the Scripps Phase 26
II/Briger Tract DRI A Resolution of the City Council of the City of Palm Beach Gardens, 27
Florida authorizing the mayor to execute the Scripps Florida Phase II/Briger Development of 28
Regional Impact Proportionate Share Agreement; providing an effective date; and for other 29
purposes. 30
Vice Mayor Levy made a motion to continue to date certain April 1, 2010. 31
Councilmember Jablin seconded. 32
Motion passed 5-0. 33
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) 34
Mayor Russo announced the procedures for tonight’s proceedings. 35
Those preparing to give testimony were sworn in. 36
The City Clerk read Resolution 80, 2009 by title. 37
a. Resolution 80, 2009 - Scripps Florida Phase II DRI – A Resolution of the City Council 38
of the City of Palm Beach Gardens, Florida making findings of fact and conclusions of law 39
pertaining to the Scripps Florida Phase II/Briger Tract Development of Regional Impact 40
(DRI) and constituting this Resolution as the DRI development order; providing for 41
execution, transmittal, and implementation; providing for severability; providing an effective 42
date and expiration date; and for other purposes. 43
The City Clerk read Ordinance 18, 2009 by title. 44
b. Ordinance 18, 2009 – (2nd reading and adoption) Text amendment. An Ordinance of 45
the City Council of the City of Palm Beach Gardens, Florida adopting an amendment to its 46
Comprehensive Development Plan in accordance with the mandates set forth in Section 47
163.3184, et seq., Florida Statutes, to create a new subcategory to the existing Mixed Use 48
CITY OF PALM BEACH GARDENS SPECIAL COUNCIL MEETING PAGE 2
01•14•10
Land Use Designation for Bioscience Mixed Use Developments and an amendment to 1
delineate the Scripps Florida Phase II/ Briger Tract Development of Regional Impact (DRI) 2
on the future land use map and provide a notation on the future land use map pertaining to the 3
permitted land use densities and intensities established by Ordinance 7, 2005 for 4
approximately 708.14 acres located South of Donald Ross road, North of Hood Road, and 5
East and West of Interstate 95; providing a conflicts clause, a severability clause and authority 6
to codify; providing an effective date; and for other purposes. 7
Mayor Russo opened the public hearing. 8
Mayor Russo and Vice Mayor Levy declared ex parte communication. 9
Public Comment: Britni Hiatt, 12685 Buckland Street, Wellington FL; Christian Minaya, 10
901 N. Federal Highway, Apt. A, Lake Worth, FL; Audray Locker, 306 N. “M” Street, Apt. 11
5, Lake Worth, FL; Adam Barksdale, 13926 157th Court N., Jupiter, FL; Russ McSpadden, 12
822 N. “C” Street, Lake Worth, FL; Suki DeJong, 2076 SW 14th Avenue, Boynton Beach, 13
FL; Gary Serignese, 11715 Timbers Way, Boca Rator, FL; Panagioti Tsolkas, 822 N. “C” 14
Street, Lake Worth, FL; Nate Barksdale, 13926 157th Courth N., Jupiter, FL. 15
Mayor Russo directed that the comments from Resolution 80, 2009 and Ordinance 18, 2009 16
be considered for all agenda items. 17
Vice Mayor Levy made a motion to continue to date certain April 1, 2010. 18
Councilmember Jablin seconded. 19
Motion passed 5-0. 20
The City Clerk read Ordinance 33, 2009 by title. 21
c. Ordinance 33, 2009 – (2nd Reading and Adoption) Briger Tract – Request for a text 22
amendment to the Land Development Regulations. An Ordinance of the City Council of the 23
City of Palm Beach Gardens, Florida amending Chapter 78. Land Development. at Section 24
78-157. Mixed Use Planned Unit Development District. by amending the title of Section 78-25
157. such that it shall now be entitled “MXD – Mixed Use Development District”, for internal 26
consistency and adopting new Section 78-232 entitled “Scripps Florida Phase II – Design 27
Guidelines”, in order to establish zoning regulations and design guidelines for the Scripps 28
Florida Phase II/Briger Tract PCD, to provide regulations for approval and amendment of 29
future projects within the overlay zone, and to establish criteria for Bioscience Mixed Use 30
Planned Developments; providing that each and every other Section and Subsection of 31
Chapter 78. Land Development. shall remain in full force and effect as previously adopted; 32
providing a conflicts clause, a severability clause, and authority to codify; providing an 33
effective date; and for other purposes. 34
Mayor Russo opened the public hearing and directed that the ex parte communication and 35
public comments previously noted be included for Ordinance 33, 2009. 36
Vice Mayor Levy made a motion to continue to date certain April 1, 2010. 37
Councilmember Jablin seconded. 38
Motion passed 5-0. 39
The City Clerk read Ordinance 28, 2009 and Resolution 1, 2010 by title. 40
d. *Ordinance 28, 2009 – (2nd reading and adoption) Briger Tract – Request for a 41
Planned Community Development within the Briger Tract DRI. An Ordinance of the City 42
Council of the City of Palm Beach Gardens, Florida rezoning certain parcels of real property 43
consisting of 681 acres, more or less, located South of Donald Ross Road, North of Hood 44
Road, and East and West of Interstate 95, providing that the subject parcels of real property, 45
which are more specifically described herein, shall be assigned the city zoning designation of 46
Planned Community Development (PCD) overlay with an underlying zoning designation of 47
Mixed-Use (MXD); providing that the zoning map of the City of Palm Beach Gardens be 48
CITY OF PALM BEACH GARDENS SPECIAL COUNCIL MEETING PAGE 3
01•14•10
amended to reflect the proper designation for the subject parcels of property; providing a 1
conflicts clause and a severability clause and authority to codify; providing an effective date; 2
and for other purposes. 3
Resolution 1, 2010 is a companion item to Ordinance 28, 2009 and will require Council 4
action. 5
Resolution 1, 2010 - Briger PCD site plan. A Resolution of the City Council of the City of 6
Palm Beach Gardens, Florida approving the Scripps Florida Phase II/Briger Tract Mixed Use 7
(MXD) Planned Community Development (PCD), comprised of 2.6 million square feet of 8
biotech research and development, 1.2 million square feet of office, 300 hotel rooms, 500,000 9
square feet of retail, and 2,700 residential units on a 681-acre parcel, as more particularly 10
described herein; providing waivers; providing conditions of approval; providing an effective 11
date; and for other purposes. 12
Mayor Russo opened the public hearing and directed that the ex parte communication and 13
public comments previously noted be included for Ordinance 28, 2009. 14
Vice Mayor Levy made a motion to continue to date certain April 1, 2010. 15
Councilmember Jablin seconded. 16
Motion passed 5-0. 17
XI. ORDINANCES (For Consideration on First Reading) 18
None. 19
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 20
None. 21
XIII. CITY ATTORNEY REPORT 22
None. 23
24
25
26
27
(The remainder of this page intentionally left blank.) 28
29
30
31
CITY OF PALM BEACH GARDENS SPECIAL COUNCIL MEETING PAGE 4
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XV. ADJOURNMENT 1
Vice Mayor Levy made a motion to adjourn. 2
Councilmember Jablin seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 7:34 p.m. 5
The next regularly scheduled City Council meeting will be held January 21, 2010. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35 Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
01•21•10
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
JANUARY 21, 2010 4
5
The regular meeting was called to order at 7:00 p.m. by Mayor Russo. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Joseph Russo, Vice Mayor David Levy, Councilmember Eric Jablin, 9
Councilmember Jody Barnett, Councilmember Robert Premuroso. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
None. 13
IV. ANNOUNCEMENTS AND PRESENTATIONS 14
None. 15
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 16
Councilmember Barnett had no report. Vice Mayor Levy reported attending the Arbor Day 17
celebration and Water Resource meeting. Councilmember Premuroso had no report. 18
Councilmember Jablin congratulated Jon and Joel Channing for the “STORE Fine Storage” 19
award recognition and requested support for Haiti. Mayor Russo reported attending Biotech 20
Overlay and Anti-Defamation League meetings, Arbor Day and Green Market 8th birthday 21
celebrations; announced the name change for Palm Beach Community College to Palm Beach 22
State College; requested support for Project Aberdeen; requested City Manager Ferris to look 23
into Palm Beach County legislation regarding pain clinics; stated he declined Sister City 24
status with Mersin, Turkey due to staff shortage; spoke to a representative at Congressman 25
Ron Klein’s office who advised him the Emergency Operations and Communications Center 26
(EOCC) financing is proceeding and reported on the meeting with Evergrene residents and the 27
Palm Beach County School Board regarding the elementary school bus stop and requested 28
support for a letter to be sent to Dr. Monroe Benaim. 29
VI. CITY MANAGER REPORT 30
None. 31
VII. COMMENTS FROM THE PUBLIC 32
Mark Marciano, 2610 Prosperity Oaks Court, Palm Beach Gardens; Patrick Rooney, 6659 33
Audubon Trace, West Palm Beach. 34
VIII. CONSENT AGENDA 35
None. 36
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 37
Mayor Russo announced the procedures for tonight’s proceedings. 38
Those preparing to give testimony were sworn in. 39
The City Clerk read Ordinance 3, 2010 and Resolution 3, 2010 by title. 40
a. *Ordinance 3, 2010 - (1st reading) Regions Bank Planned Unit Development Major 41
conditional use with site plan. An Ordinance of the City Council of the City of Palm Beach 42
Gardens, Florida rezoning certain real property within the corporate limits of the City of Palm 43
Beach Gardens, consisting of one (1) parcel of real property comprised of one (1) platted lot 44
totaling 1.54 acres, more or less, in size located on the North side of Northlake Boulevard 45
approximately 500 feet East of I-95, with a street address of 3855 Northlake Boulevard, 46
Informally known as the “Regions Bank Property”; providing that this parcel of real property 47
which is more particularly described herein shall be assigned the City zoning designation of 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
01•21•10
Planned Unit Development (PUD) Overlay with an underlying zoning designation of CG-1; 1
providing that the zoning map of the City of Palm Beach Gardens be amended accordingly; 2
providing a conflicts clause and a severability clause; providing an effective date; and for 3
other purposes. 4
Resolution 3, 2010 is a companion item to Ordinance 3, 2010 and will require Council 5
action on Second Reading. 6
Resolution 3, 2010 - Regions Bank PUD - Major conditional use with site plan. A 7
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the 8
Regions Bank Planned Unit Development (PUD), Major Conditional Use, and site plan in 9
order to allow a 3,820-square-foot bank with five (5) drive-thru lanes as more particularly 10
described herein; providing waivers; providing conditions of approval; providing an effective 11
date; and for other purposes. 12
Mayor Russo opened the public hearing. 13
No ex parte communication was declared. 14
Presented Item: Andrea Cardo, Interplan, LLC. 15
Staff Presentation: Planner Kathryn Wilson. 16
Public Comment: None. 17
Mayor Russo closed the public hearing. 18
Vice Mayor Levy made a motion for approval. 19
Councilmember Jablin seconded. 20
Motion passed 5-0. 21
The City Clerk read Ordinance 4, 2009 by title. 22
b. Ordinance 4, 2010 – (1st reading) BallenIsles West Outparcel. An Ordinance of the City 23
Council of the City of Palm Beach Gardens, Florida adopting a small-scale amendment to its 24
Comprehensive Development Plan in accordance with the mandates set forth in Chapter 163, 25
Florida Statutes, specifically Section 163.3187(1)(c), et seq., Florida Statutes, which provides 26
for an amendment to the City’s Future Land Use Map designating one (1) parcel of real 27
property comprising approximately 7.31 acres, more or less, in size as “(PO) Professional 28
Office”; such parcel of land is located at the Southwest corner of the intersection of PGA 29
Boulevard and BallenIsles Drive, informally known as “BallenIsles West Outparcel”; 30
providing for compliance with all requirements of Chapter 163, Florida Statutes; providing a 31
conflicts clause and a severability clause; providing an effective date; and for other purposes. 32
Mayor Russo opened the public hearing. 33
Mayor Russo declared separate meetings with the petitioner and with BallenIsles residents. 34
City Attorney R. Max Lohman stated Mayor Russo does not have a conflict of interest. 35
Presented Item: Donaldson Hearing, Cotleur & Hearing; John Tiffany on behalf of the 36
petitioner. 37
Staff Presentation: Growth Management Administrator Kara Irwin. 38
Public Comment: Greg Kino, Casey, Ciklin, Lubitz Martens & O’Connell Law Office, 515 39
N. Flagler Drive, Suite 1700, West Palm Beach representing the BallenIsles Community 40
Association (BICA); Anne Booth, Urban Design Kilday Studio, 477 S. Rosemary Avenue, 41
West Palm Beach, representing BICA; Andrea Troutman, 5114 Okeechobee Boulevard, 42
West Palm Beach; David Paulsen, M.D., BICA president; 27 St. George Place, Palm Beach 43
Gardens; Hank Gonzalez, 3950 RCA Boulevard, Palm Beach Gardens; Norman Greenberg, 44
115 Grand Palm Way, Palm Beach Gardens; Will Willis, 16107 75th Avenue N, Palm Beach 45
Gardens; Robert W. Erikson, 123 San Marita Way, Palm Beach Gardens; Robert E. Davis, 46
M.D., 118 Orchid Cay, Palm Beach Gardens; Robert H. Hurwit, 119 St. Martin Drive, Palm 47
Beach Gardens; Joseph Isenstein, 102 Victoria Bay Court, Palm Beach Gardens. . 48
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
01•21•10
The following speakers yielded their time to the BICA speakers: Fred Burke, 122 St. Martin 1
Drive, Palm Beach Gardens; Jay Rosenthal, 114 Windward Drive, Palm Beach Gardens; 2
Larry Levery, 131 Sunset Bay Drive, Palm Beach Gardens; Burrill N. Josephs, 323 Sunset 3
Bay Lane, Palm Beach Gardens; Dirk Gould, 1110 Crystal Drive, Palm Beach Gardens, 4
George Vieto, 174 Windward Drive, Palm Beach Gardens; Robert Ettinger, Palm Beach 5
Gardens; Richard Feldon, 85 Laguna Drive, Palm Beach Gardens; Maureen Goldfarb, 18 6
St. Thomas Drive, Palm Beach Gardens; Bernard Strauss, 116C Palm Point Circle, Palm 7
Beach Gardens; Iris Burke, 122 St. Martin Drive, Palm Beach Gardens. 8
Mayor Russo closed the public hearing. 9
Councilmember Jablin made a motion to deny Ordinance 4, 2010. 10
Vice Mayor Levy seconded. 11
Motion passed 4-1 with Councilmember Barnett dissenting. 12
X. RESOLUTIONS 13
None. 14
XI. ORDINANCES (For Consideration on First Reading) 15
a. Ordinance 2, 2010 - Police Officers’ Retirement Trust Fund. An Ordinance of the City 16
Council of the City of Palm Beach Gardens, Florida amending Chapter 50. Police. of the City 17
of Palm Beach Gardens Code of Ordinances at Section 50-61. Definitions. By repealing the 18
definitions of “Credited Service”, “Police Officer”, and “Salary” and readopting same, as 19
revised; further amending Chapter 50 by repealing Sections 50-82, 50-90, 50-124 and 50-127 20
and subsections 50-114(e), 50-118(d), 50-120(b) and 50-152(d) in order to adopt provisions 21
of the Heroes Earnings Assistance and Relief Tax Act of 2008 into the Police Pension Tr ust 22
Fund regulations and for consistency with Chapter 185, Florida Statutes; providing that each 23
and every other Section and Subsection of Chapter 50. Police. shall remain in full force and 24
effect as previously adopted; providing a conflicts clause, a severability clause, and authority 25
to codify; providing an effective date; and for other purposes. 26
Presented Item: Finance Administrator Allan Owens. 27
Public Comment: None. 28
Mayor Russo closed the public hearing. 29
Vice Mayor Levy made a motion for approval. 30
Councilmember Jablin seconded. 31
Motion passed 5-0. 32
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 33
None. 34
XIII. CITY ATTORNEY REPORT 35
None. 36
37
38
(The remainder of this page intentionally left blank.) 39
40
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
01•21•10
XV. ADJOURNMENT 1
Councilmember Jablin made a motion to adjourn. 2
Vice Mayor Levy seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 10:07 p.m. 5
The next regularly scheduled City Council meeting will be held February 4, 2010. 6
7
APPROVED: 8
9
10
11
Joseph R. Russo, Mayor 12
13
14
15
David Levy, Vice Mayor 16
17
18
19
Eric Jablin, Councilmember 20
21
22
23
Jody Barnett, Councilmember 24
25
26
27
Robert G. Premuroso, Councilmember 28
29
30
ATTEST: 31
32
33
34
35 Patricia Snider, CMC 36
City Clerk 37
38
39
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of 40
the meeting. A verbatim audio record is available from the Office of the City Clerk. 41
All referenced attachments are on file in the Office of the City Clerk. 42
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 18,2010
Resolution 5,2010
SubjecuAgenda Item:
Approve an agreement with the Children’s Healthcare Charity, Inc. for the 2010 Honda
Classic PGA Golf Tournament to provide temporary volunteer parking, a Public Safety
Grant for off-duty police and fire personnel for the event, and exclusive use of Mirasol
Park.
[XI Recommendation to APPROVE
11 Recommend
Reviewed by:
1 City Attorney
Finance Administrator
Submitted by:
Jack Doughney
Asst. City Ygr.
Appr e by: Wk I City Mdnadr
tion to DENY
Originating Dept.:
Community Services
Jack Doughney,
Asst. City Mgr.
Operations
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
/. [ ] Notified
[ x ] Not required
Costs: $67,600
(Total)
$67,600
Current FY
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
001.0910.572.1410
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 5, 2010
Attachment A
Honda Classic
Mirasol Parking
Areas
[ ]None
Meeting Date: February 18,2010
Resolution 5,2010
BACKGROUND:
The Honda Classic Golf Tournament is a nationally-televised PGA Tour event held
annually in Palm Beach Gardens since 2002. This year’s event will be held March 1-7,
2010, at PGA National Resort and Spa. Attendance is projected to exceed 100,000
spectators during the tournament week as well as generate an economic impact of $23
million. The event is televised nationally by the Golf Channel with the final two rounds
covered by NBC Sports.
In order to produce a professional golf tournament event, an inordinate amount of
logistical items must be secured. The City pledges to provide assistance in the form of
a Public Safety Grant for uniformed off-duty police and fire personnel to be on site
during tournament events; and the City agrees to provide exclusive use of Mirasol Park,
including the parking areas and the adjacent 14-acre Palm Beach County School
District site leased to the City for the purpose of temporary parking during the
tournament week.
In order to receive reimbursement from these grant opportunities, the Children’s
Healthcare Charity, Inc. will have to show the need for off-duty police and fire personnel,
as well as document that City police and fire personnel were used for these events.
The City will reimburse a not-to-exceed amount of $67,600 for use of these services.
The safety and well-being of residents and visitors is integral to the operation of the
event and positive promotion of our City.
The City recognizes the importance of volunteers performing tasks and responsibilities
when operating an event at the professional level. Providing City park space for use as
volunteer parking will assist in producing a quality event for residents and visitors to the
City. Restrictions placed on the Charity will include park areas permissible to use,
beginning and ending dates, as well as allowable changes made to the permitted areas.
STAFF RECOMMENDATION:
Approve Resolution 5, 2010 as presented.
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RESOLUTION 5,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH
THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2010
HONDA CLASSIC PGA GOLF TOURNAMENT TO PROVIDE
TEMPORARY VOLUNTEER PARKING, A PUBLIC SAFETY GRANT
EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND
WHEREAS, the Honda Classic Golf Tournament, held at the PGA National
Resort and Spa, is a nationally-televised seven (7) day event that will draw
approximately 100,000 spectators and have a significant economic impact to the City
and Palm Beach County estimated to be $23 million; and
WHEREAS, the proceeds from the Honda Classic will be donated to the
Children’s Healthcare Charity, Inc. (“Charity”) and other local children’s charities; and
WHEREAS, in order to provide for the security and safety of spectators and the
public at large, the Charity will be implementing a Public Safety Plan for the Honda
Classic; and
WHEREAS, the City Council wishes to provide a $67,600 grant to the Charity for
implementation of the Public Safety Plan utilizing off-duty City police officers and City
fire department staff to provide for the safety of City residents and those attending the
Golf Tournament; and
WHEREAS, the Charity has requested that the City lease the exclusive use of
Mirasol Park and the adjacent Palm Beach County School Board site presently leased
to the City (“Mirasol”) for a temporary vehicle parking site during the Honda Classic Golf
Tournament; and
WHEREAS, the City and Charity desire to enter into a Lease Agreement setting
forth the terms and conditions under which the Charity shall lease the property from the
City for the purposes stated above; and
WHEREAS, such agreement has been prepared and is attached hereto; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
Resolution 5,2010
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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 a Public Safety Grant to the
Charity in the sum of $67,600 to be used to implement its Public Safety Plan for the
Honda Classic Golf Tournament, subject to the following conditions:
1.
2.
3.
4.
All off-duty police and fire personnel retained to implement the Public Safety
Plan shall be City police and fire staff unless the City confirms that off-duty
City police and fire staff are not available to provide such services.
Any additional funds necessary to implement the Public Safety Plan in
excess of $67,600 shall be borne by Children’s Healthcare Charity, Inc.
The funds shall be available as of March 1, 2010. The City reserves the
right to require the execution of an agreement prior to disbursement of any
funds.
The $67,600 grant shall be available for the 2010 Honda Classic Golf
Tournament; any future grants in support of the Golf Tournament shall
require additional City Council approval.
SECTION 3. The City Council hereby approves the Lease Agreement with the
Charity for temporary parking and authorizes the Mayor to execute the Agreement,
attached hereto as Exhibit “A.”
SECTION 4. This Resolution shall become effective immediately upon adoption.
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Resolution 5, 2010
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PASSED AND ADOPTED this day of ,2010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
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COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNET ---
COUNCILMEMBER PREMUROSO
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EXHIBIT “A”
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this day of
, 2010, by and between the CITY OF PALM BEACH GARDENS, a
municipal corporation organized and existing under the laws of the State of Florida
(“City”), and CHILDREN’S HEALTHCARE CHARITY, INC., a Florida not-for-profit
corporation (“Charity ’I).
WHEREAS, the Charity has requested to lease the exclusive use of Mirasol Park
and the adjacent Palm Beach County School District leased site (“Property”) for a
temporary vehicle parking site during the Honda Classic Golf Tournament to be held at
the PGA National Resort and Spa; and
WHEREAS, the Charity has requested the use of Fire Station 4 for a temporary
will-call pick-up location; and
WHEREAS, the City and Charity desire to enter into a Lease Agreement setting
forth the terms and conditions under which the Charity shall lease the Property from the
City for the purposes stated above.
NOW, THEREFORE, in consideration of the rents, covenants, and agreements
hereinafter reserved and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Premises.
In consideration of the rents, covenants, and agreements hereafter reserved and
contained on the part of the Charity to be observed and performed, the City leases to
the Charity, and the Charity rents from the City parcels of land known as Mirasol Park
and Mirasol School Site, legally described as follows:
MIRASOL PARK
ALL OF TRACT Z ACCORDING TO THE PLAT OF MIRASOL PLAT ONE, LOCATED
IN SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT
BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
MIRASOL SCHOOL SITE
TRACT Y OF MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Section 1.02 Length of Term and Effective Date.
This Lease Agreement shall be effective upon the Effective Date as defined
hereinafter. The term of this Agreement and the Charity’s use of the Property shall
commence at 7:OO a.m. on March 1, 2010, and shall cease at 7:OO p.m. on March 7,
2010 (“Term of Lease”). The Term of Lease may be modified or extended with the
mutual written consent of the parties.
ARTICLE II
RENT
Section 2.01 Rent.
The Charity shall pay the City rent in the amount of One Dollar ($1.00), payable
within ten (IO) days of the Effective Date of this Lease Agreement, together with all
other deposits required herein.
Section 2.02 Assessments and Personal Property Taxes.
In the event this Lease or the Charity’s use of the Property renders the Property
subject to ad valorem real property taxes or similar impositions imposed by any
government entity, the Charity shall be responsible for and shall pay same before
delinquency.
ARTICLE 111
CONDITIONS OF LEASED PREMISES, ALTERATIONS
The Charity certifies that it has inspected the Property and accepts same “As Is”
in its existing condition, together with any defects, latent or patent, if any, and subject to
all matters of record. The Charity further acknowledges that the City has made no
representations or warranties of any nature whatsoever regarding the Property,
equipment located thereon, or the suitability thereof for the Charity’s intended use. No
repair work or alterations of the Property is required to be done by the City as a
condition of this Agreement.
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ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES
Section 4.01 Use of the Premises.
The Charity shall use and occupy the Property only as a temporary parking site
The Charity’s use of the Property is expressly conditioned upon and subject to
for motor vehicles in connection with its implementation of the Honda Classic.
the following:
4.01 .I
4.01.2
4.01.3
4.01.4
4.01.5
4.01.6
4.01.7
The Charity shall have the right to open and secure the site at the
beginning and end of each day of the Honda Classic.
The Charity shall provide the personnel necessary to perform such
functions at its sole cost and expense.
The Charity shall provide off-duty police officers during the term of the
Lease Agreement for security and traffic safety.
The Charity shall provide all personnel necessary to monitor perimeter
gate stacking and parking areas. The Charity shall be responsible for all
safety issues as it relates to its use and the Property.
The Charity shall establish parking stake lines within the Property and
provide stakes and flagging tape necessary to prevent parking in
inappropriate adjacent areas.
The Charity shall provide shuttle service from the Property to and from
the event site.
At least ten (IO) days prior to the commencement of the Term of Lease,
the Charity shall post a Five Hundred Dollar ($500.00) cash deposit for
trash cleanup which shall be refunded by the City upon completion of
cleanup by the Charity staff to the reasonable satisfaction of the City’s
Community Services Department. In addition, the Charity shall post a
Two Thousand Dollar ($2,000.00) cash deposit to ensure that the
Property and facilities are returned to their original condition which may
be refunded by the City upon expiration of the Lease Agreement. To the
extent of any damage, the City reserves the right to set off against the
deposit. Notwithstanding the foregoing, should the damage be greater
than the deposit, the Charity shall be responsible for reimbursing the City
for the same.
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Further, the parties hereto understand that regardless of any provision to the
contrary, nothing in this Agreement shall prevent the general public from utilizing the
Property for any customary uses. However, the City agrees not to issue other usage
permits for the Property during the term of this Agreement.
Section 4.02 Waste or Nuisance.
The Charity shall not commit or suffer to be committed any waste upon the
Property, commit or permit the maintenance or commission of any nuisance or other act
or thing which may result in damage or depreciation of value of the Property or which
may affect the City’s fee interest in the Property or which results in an unsightly
condition. All refuse is to be removed from the Property at the Charity’s sole cost and
expense, and the Charity shall keep such refuse in proper fireproof containers on the
interior of the Property until removed.
Section 4.03 Govern men t Reg u la ti o ns .
The Charity shall, at the Charity’s sole cost and expense, comply with all
ordinances, laws, statutes, and regulations promulgated thereunder of all county,
municipal, state, federal, and other applicable governmental authorities now in force or
which may hereafter be in force pertaining to the Charity and its use of the Property or
the Property generally. The Charity shall not use, maintain, store, or dispose of any
contaminants, including, but not limited to, hazardous or toxic substances, chemicals, or
other agents on the Property or any adjacent land in any manner not permitted by law.
The Charity shall indemnify, defend, and save the City harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages resulting from the Charity’s
failure to perform its obligations in this Section. This indemnification provision shall
survive the termination or expiration of this Lease Agreement.
Section 4.04 Surrender of Premises.
Upon expiration or termination of this Lease, the Charity shall remove the
Charity’s personal property, removable fixtures, and equipment from the Property and
surrender the Property to the City in good condition and repair.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
Section 5.01 Responsibility of the Charity and the City.
The City shall not be obligated or required to make or conduct any maintenance
or repairs whatsoever to the Property. During the term of the Lease, the Charity shall
keep and maintain all portions of the Property in good condition and repair, at the
Charity’s sole cost and expense.
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Section 5.02 The City’s Right to Inspect.
The City or City’s agents shall have the right to enter the Property at any time for
the purpose of inspection of the Property and any improvements located thereon. Any
such entry on the Property shall be conducted by the City in a manner calculated to
minimize any interference with or disruption of the Charity’s operations within the
Property.
ARTICLE VI
UTILITIES
If necessary, the Charity shall be solely responsible for all costs and expenses
relating to providing utility services to the Property and shall pay directly to the utility
company or provider of such service all charges and assessments for any utility
services provided, including, but not limited to, water, sewer, gas, electricity, trash
collection, and removal of any other utility used or consumed on the Property.
ARTICLE VI1
INSURANCE
Section 7.01 Required Coverages.
7.01.1 Workers’ Compensation. During the term of the Agreement, the Charity
shall procure and maintain Workers’ Compensation Insurance covering
all employees with limits meeting all applicable state statutes and federal
laws. This coverage shall include Employers’ Liability with limits meeting
all applicable state statutes and federal laws. This coverage must
extend to any subcontractor that does not have its own Workers’
Compensation and Employers’ Liability Insurance. Thirty (30) days’
notice of cancellation is required and must be provided to the City via
certified mail.
7.01.2 Commercial and General Liability. During the term of this Agreement,
the Charity shall procure and maintain Commercial General Liability and
Property Damage policies of insurance in amounts of not less than One
Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) general aggregate with respect to its use of the
Property. The policy shall include coverage for property damage and
contractual liability specifically insuring the indemnification portion of this
Lease.
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Section 7.02 Certificates of Insurance.
The City shall be named as an “additional insured” on all policies relating to this
Lease Agreement and shall be provided with a standard form of certificate of insurance
within ten (IO) days of the Effective Date of this Agreement. Such certificate shall
provide that the City shall be notified at least thirty (30) days prior to any cancellation or
change in coverage. The policy must be endorsed to add the Property to the policy.
ARTICLE Vlll
INDEMNIFICATION
The Charity shall indemnify and save the City, its officers, agents, and
employees harmless from any and all claims, liability, losses, and causes of action of
any nature whatsoever which may arise out of or be in any way related to the Charity’s
use of the Property. The Charity shall pay all claims or losses of any nature whatsoever
in connection therewith, including, but not limited to, attorney’s fees and costs to defend
all claims or suits, including appellate fees and costs, and shall pay all costs and
judgments which may arise. The City reserves the right to select its own counsel in any
such proceeding, and all costs and fees associated therewith shall be the responsibility
of the Charity under this Indemnification Agreement. Compliance with the foregoing
shall not relieve the Charity of any liability or other obligation under this Agreement.
Further, nothing contained herein is intended nor shall be construed to waive the City’s
sovereign immunity rights or the limitations of liability set forth in Section 768.28, Florida
Statutes. This indemnification provision shall survive the termination or expiration of
this Agreement.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
The Charity shall not assign, mortgage, pledge, or encumber this Agreement, in
whole or in part, nor sublet or rent all or any portion of the Property, nor grant
easements affecting the Property without prior written consent of the City, which may be
granted or withheld in the City’s absolute discretion.
ARTICLE X
TERMINATION
Either party may terminate this Lease, for any or no reason, by giving the other
party five (5) days’ written notice of its intent to terminate this Agreement. Upon the
giving of such notice, this Agreement shall expire on the date specified as if that date
had originally been fixed as the expiration date of the Term of Lease.
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ARTICLE XI
MISCELLANEOUS
Section 11 .Ol En ti re Agreement.
This Agreement and Exhibits attached hereto constitute all agreements,
conditions, and understandings between the Charity and the City concerning the
Property. All representations, either oral or written, shall be deemed to be merged into
this Agreement. Except as otherwise provided herein, no subsequent alteration, waiver,
change, or addition to this Agreement shall be binding upon the Charity or the City
unless reduced to writing and signed by them.
Section 11.02 Notices.
Any consents, approvals, and permissions by the parties shall be effective and
valid only if in writing, and any notice by either party to the other shall be in writing and
shall be deemed to be duly given only if mailed prepaid by certified mail return receipt
requested to the following addresses:
If to the City:
If to the Charity:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Attn: City Manager
Children’s Healthcare Charity, Inc.
631 US Highway One
Suite 410
North Palm Beach, FL 33408
Either party hereto may change the address for service of notice required or
permitted hereunder upon ten (IO) days’ prior written notice. All notices given
hereunder shall be effective and deemed to have been duly given only upon receipt by
the party to which notice is being given, said receipt being deemed to have occurred
upon such date as the postal authorities shall show the notice to have been delivered,
refused, or undeliverable, as evidenced by the return receipt.
Section 1 I .03 Binding Effect.
All of the terms and provisions of this Agreement, whether so expressed or not,
shall be binding upon, inure to the benefit of, and be enforceable by the parties and their
respective legal representatives, successors, and permitted assigns.
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Section 11.04 Severability .
If any part of this Agreement is contrary to, prohibited by, or deemed invalid
under any applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall
not be invalidated thereby and shall be given full force and effect so far as possible.
Section I I .05 Governing Law and Venue.
This Agreement and all transactions contemplated by this Agreement shall be
governed by, and construed and enforced in accordance with, the laws of the State of
Florida. Venue for all proceedings in connection herewith shall lie exclusively in Palm
Beach County, Florida.
Section 1 I .06 Headings.
The headings contained in this Agreement are for convenience of reference only
and shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
Section 11.07 Effective Date.
The effective date of this Agreement shall be as of the date it has been executed
by both the parties hereto.
Section 11.08 Construction.
The parties acknowledge that each has shared equally in the drafting and
preparation of this Agreement, and accordingly, no Court or Administrative Hearing
Officer construing this Agreement shall construe it more strictly against one party than
the other, and every covenant, term, and provision of this Agreement shall be construed
simply according to its fair meaning.
Section 11.09 Recording .
The Charity shall not record this Agreement, or any memorandum or short form
thereof, without written consent and joinder of the City.
Section 11 .I 0 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with proceedings or
counterclaims brought by either party hereto against the other in connection with this
Agreement.
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Section 11 .I 1 Waiver, Accord, and Satisfaction.
The waiver by the City of any default of any term, condition, or covenant herein
contained shall be a waiver of such term, condition, or covenant, or any subsequent
default of the same or any other term, condition, or covenant herein contained. The
consent or approval by the City to, or any act by, the Charity required the City’s consent
or approval shall not be deemed to waive or render unnecessary the City’s consent or
approval of any subsequently similar act by the Charity.
Section 11.12 Non-exclusivity of Remedies.
No remedy herein conferred on any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition
to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 11 .I 3 Attorneys’ Fees.
It is hereby understood and agreed that in the event any lawsuit in the judicial
system, federal or state, is brought to enforce compliance with this Lease Agreement or
interpret same, or if any administrative proceeding is brought for the same purposes,
the non-prevailing party pay to the prevailing party reasonable attorneys’ fees and
costs, including appellate fees and costs.
(The remainder of this page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have set their respective hands and
seals on the day and year first above written.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
THE CHILDREN’S HEALTHCARE CHARITY, INC. a
Florida &t-for-profit corporation
(SEAL)
ATTEST:
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 18,2010
Resolution: 7,2010
SubjectlAgenda Item: Appoint Susan Bucher, Supervisor of Elections as an additional
member to the City’s Canvassing Board and to oversee and canvass the absentee ballots for the
March 20 10 Municipal Election.
[ X ] Recommendation to APPROVE r 1 Recommendation to DENY
Submitted by:
Patricia Snider, City
Department Director
Approved by*
City Mankger
Originating Dept.:
Ci Clerk
hdvertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ]Notified
[ ] Not required
4
Costs:$ 0 vow
$- Current FY
Funding Source:
Budget Acct.#
Council Action:
[ ]Approved
[ lApprovedw/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 7,20 0
.
Meeting Date: February 18,201 0
Resolution 7,2010
BACKGROUND:
In accordance with Section 26-2 of the City of Palm Beach Gardens Code of Ordinances, the City
Clerk may delegate any or all of the responsibilities for administering the election to the Supervisor of
Elections subject to approval of the City Council.
STAFF RECOMMENDATION:
StafF recommends approval of Resolution 7,20 10.
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RESOLUTION 7,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
ELECTIONS, OR HER DESIGNEE, AS AN ADDITIONAL MEMBER
OF THE CITY OF PALM BEACH GARDENS CANVASSING BOARD;
REQUESTING THE SUPERVISOR OF ELECTIONS, OR DESIGNEE,
TO CANVASS ALL ABSENTEE BALLOTS; TO CANVASS THE
MUNICIPAL ELECTION; AND TO CONDUCT THE LOGIC AND
ACCURACY TESTING FOR ALL ELECTION MACHINERY;
AUTHORIZING THE CITY CLERK TO APPOINT ELECTION
OFFICIALS FOR THE PURPOSE OF CONDUCTING THE
MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, pursuant to Section 26-2 of the City Code of Ordinances, the City
Clerk is charged with overseeing City elections; and
WHEREAS, subject to City Council approval, Section 26-2 of the City Code
authorizes the City Clerk to delegate any or all of the responsibility for administering the
election to the Supervisor of Elections; and
WHEREAS, the City Council has determined the delegation of such functions to
the Supervisor of Elections to be in the best interest of the citizens and residents of the
City of Palm Beach Gardens, Florida; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
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 appoints the Supervisor of Elections, or
her designee, as an additional member of the City Canvassing Board to represent the
City at the logic and accuracy testing for all election machinery; requests and
designates the Supervisor of Elections, or her designee, to canvass all absentee ballots
on behalf of the City and to publish the required legal notices with regard to these two
(2) actions; and requests and designates the Supervisor of Elections, or her designee,
to canvass the municipal election and to certify the results to the City of Palm Beach
Gardens with respect to the March 9, 201 0, municipal election.
Resolution 7, 201 0
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SECTION 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 1 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
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COUNCILMEMBER JABLIN ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 18,2010
Ordinance: 2,2010
SubjectIAgenda Item: Ordinance 2,2010, amending the City of Palm Beach
Gardens Police Officers' Retirement Trust Fund
[XI Recommendation to APPROVE
11 Recommendation to DENY
%ante Administrator
Submitted by: n
Department Director
City hn'ander
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Originating Dept.:
Finance /7
Advertised:
Date: Feb. 3, 2010
Paper: Palm Beach
Post
[ ] Not Required
Affected parties
[x_l Notified
[ ] Not required
zosts: $ -0-
(Total)
$ -0-
Current FY
Funding Source:
[ ]Operating
[ ] Other
NIA
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 2, 2010
0 Summary of Plan
0 Actuarial impact
changes
statement
Meeting Date: February 18,2010
Ordinance: 2,2010
BACKGROUND: In order to incorporate revisions to the federal law for the federal
Heroes Earnings Assistance and Relief Tax Act of 2008 (“HEART) and changes to the
state law enacted by Chapter 2009-97 (CS/SB538), the Police Officers’ Retirement
Trust Fund is requesting certain amendments to their plan. These proposed plan
changes are summarized as follows:
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5.
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8.
Section 50-61 Definitions has been modified as follows:
a. Credited Service has been modified to comply with state law regarding
service for members who are absent on intervening military service and the
new federal requirements to provide service for members who die or become
disabled while on active military service pursuant to HEART.
b. Police Officer has been modified to include supervisor and command
personnel pursuant to F.S. 185.02( 1 1 ).
c. Salary has been modified to include differential wages for active duty military
service pursuant to HEART.
Section 50-82 Composition has been modified to allow the expansion of trustee
terms from two to four years, pursuant to F.S. 185.05(1) (a).
Section 50-87 Powers has been modified to expand the powers of the Board
regarding investments and to incorporate divestiture from “scrutinized companies”
pursuant to F.S. 185.06(7).
Section 50-91 Amendment to or replacement of plan has been modified to comply
with F.S. 185.37 regarding termination of the pension plan.
Section 50-1 14 Beneficiaries has been modified to allow retirees to make up to two
beneficiary changes after benefits commence, pursuant to F.S. 185.05(6).
Section 50-118 Disability retirement has been modified to make an exception to
the disability exclusions for individuals injured while on active duty pursuant to
HEART.
Section 50-121 Optional forms of benefits has been modified to allow retirees to
make up to two beneficiary changes after benefits commence, pursuant to F.S.
185.05(6).
Section 50-124 Rights and benefits not subject to legal process has been
modified to allow for payments to third parties for insurance premiums at the request
of retirees pursuant to F.S. 185.05(6).
9. Section 50-127 Prior police officer service has been modified to provide that
purchase service does not count for vesting.
10. Section 50-1 52 Amounts payable upon election to participate has been modified
to correct cross reference within the Plan.
These proposed amendments have been reviewed by Mr. J. Stephen Palmquist, ASA of
the actuarial firm Gabriel Roeder Smith & Company. In his opinion letter dated
November 16, 2009 (copy attached), Mr. Palmquist states that the amendments will
have no actuarial impact on the Plan.
Council approved Ordinance 2, 2010 on first reading with a vote of 5-0 on January 21,
201 0.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 2, 201 0 on
second and final reading.
THE LAW OFFICES OF
PERRY &JENSEN, LLC
BONNI SPATARA JENSEN ANN H. PERRY
aperry@perryjensenlaw.com bsjensen@perryjensenlaw .corn
November 3,2009
Via Email Transmission
Alan Owens, Finance Director
Finance Department
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0-4698
Re: Palm Beach Gardens Police Officers’ Retirement
Trust Fund
Pension Plan Amendment
Our File Number 0003.0050
Dear Mr. Owens:
On behalf of the Board of Trustees of the Palm Beach Gardens Police Officers’
Retirement Trust Fund, enclosed is an amendment to the Pension Plan. The amendment
incorporates revisions to the federal law for the federal Heroes Earnings Assistance and
Relief Tax Act of 2008 (“HEART”) and changes to the state law enacted by Chapter 2009-
97 (CSISB538).
In anticipation of our meeting on November gth, enclosed is the proposed
amendment. Below is a summary of the amendment.
1. Section 50-61 Definitions has been modified as follows:
I. Definition of Credited Sewice has been modified to incorporate the
state law provisions regarding credited service for members who are
absent on intervening military service and the new federal
requirements to provide service for members who die or become
disabled while on active duty military service pursuant to HEART.
Additionally, language has been added to ensure that members who
are absent on workers’ compensation shall receive credited service
while out on approved leave.
ii. Definition of Police Officer has been modified to include supervisor
and command personnel pursuant to Florida Statutes §185.02(1 I).
400 EXECUTIVE CENTER DRIVE, SUITE 207.:. WEST PALM BEACH, FLORIDA 33401-2922
f“: 561.686.6550 *> FX: 561.686.2802
a-
Alan Owens, Finance Director
Palm Beach Gardens Police Officers’
Retirement Trust Fund
November 3,2009
Page - 2 -
iii. Definition of Salary has been modified to include differential wages for
active duty military service pursuant to HEART.
2. Section 50-82 Composition has been modified to allow the expansion of the
trustee terms from two years to four years pursuant to Florida Statutes
$1 85.05( l)(a). The four year terms are effective for prospective terms.
3. Section 50-87 Powers has been modified to expand the powers of the Board
regarding investments. The changes also incorporates divesture from
“scrutinized companies” pursuant to Florida Statutes and $1 85.06(7).
4. Section 50-91 Amendment to or replacement of plan has been modified
to comply with $1 85.37 providing for termination of the pension plan.
5. Section 50-1 14 Beneficiaries has been modified to allow retirees to make
up to 2 beneficiary changes after retirement benefits commence, pursuant
to Florida Statutes $1 85.05(6).
6. Section 50-118 Disability retirement has been modified to make an
exception to the disability exclusions for individuals injured while on active
duty pursuant to HEART.
7. Section 50-121 Optional forms of benefits has been modified to allow
retirees to make up to 2 beneficiary changes after retirement benefits
commence, pursuant to Florida Statutes $1 85.05(6).
8. Section 50-1 24 Rights and benefits not subject to legal process has been
modified to allow for payments to third parties for insurance premiums at the
request of retirees pursuant to Florida Statutes $1 85.05(6).
9. Section 50-127 Prior police officer service has been modified to provide
that purchase service does not count for vesting.
10. Section 50-152 Amounts payable upon election to participate has been
modified to correct cross reference within the Plan.
I have provided this amendment to the actuary for an impact statement. I do not
expect that there will be a cost.
Alan Owens, Finance Director
Palm Beach Gardens Police Officers’
Retirement Trust Fund
November 3,2009
Page - 3 -
If you have any questions regarding this or any other matter, please do not hesitate
to contact my office.
*bL Si rely yours,
Bonni S. Jensed
BSJ/adt
Enclosure
ECopy to: Board of Trustees
H:\PBG 0003\City of PBG\Finance Director\Cvr Propsd Ord Amd 2009.wpd
,-
Gabriel Roeder Smith & Company
Consultants & Actuaries Suite 505 954.525.0083 fax
One East Broward Blvd. 954.527.1616 phone GRS Ft. Lauderdale, FL 33301-1827 mega brielroeder.com
November 16,2009
Ms. Audrey Ross
Resource Centers, LLC
4360 Northlake Blvd., Suite 206
Palm Beach Gardens, FL 33410
Re: City of Palm Beach Gardens Police Officers’ Retirement Trust Fund
Dear Audrey:
We have reviewed the proposed ordinance amending the City of Palm Beach Gardens Police Officers’
Retirement System drafted by Bonni Jensen dated October 30,2009. This ordinance would amend the Plan
as follows:
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Allows members to receive credited service for an approved leave of absence as a result of
occupational injury or disease and for time served in the military.
Adds a reference to USERRA for qualified military service.
Modifies the definition of police officer to comply with Florida Statutes.
Modifies the definition of salary to include amounts paid by the City as differential wages to
members who are absent from employment for time served in the military.
Extends the maximum term for trustees from two to four years.
Requires identification and divestiture of scrutinized companies.
Increases the maximum allocation of the fund’s assets in foreign securities fiom 10% to 25%.
Allows members to become 100% vested upon tennination of the Plan.
Permits retirees to change beneficiary up to two times without providing proof of good health or
proving that beneficiaxy being removed is still alive; the cost for such a change shall be borne by the
retiree.
Adds sections relating to domestic relation orders and retiree directed payments.
Modifies the prior service buyback provisions to exclude prior service purchased for vesting
purposes.
In our opinion, this amendment will have no actuarial impact on the Plan.
Under USERRA, an employee who returns to service with the City after serving in the United States Armed
Forces would have certain rights regarding the reinstatement of prior service with the City. Additionally, in the
event a member dies while performing USERRA qualified military service the beneficiaries are entitled to any
benefits as if the member had resumed employment and then died while employed. However, the probability
that this provision will be utilized is low.
Also, the changes related to procedures under a plan termination would not have an effect since it is assumed
that the Plan will be ongoing when funding requirements are determined. Given the nature of these changes,
we do not feel that an estimate for advanced funding is necessary.
Ms. Audrey Ross
November 16,2009
Page 2 of 2
Although there is no actuarial impact, this letter should be sent to the Division of Retirement before the final
public hearing on the ordinance.
We welcome your questions and comments.
Sincerely yours,
J. Stephen Palmquist, ASA
Senior Consultant and Actuary
JSP/ma
cc: Bonni Jensen
Gabriel Roeder Smith & Company
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ORDINANCE 2,2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 50. POLICE.
OF THE CITY OF PALM BEACH GARDENS CODE OF
THE DEFINITIONS OF “CREDITED SERVICE”, “POLICE
OFFICER”, AND “SALARY” AND READOPTING SAME, AS
REVISED; FURTHER AMENDING CHAPTER 50 BY REPEALING
50-1 14(e), 50-1 18(d), 50-120(b) AND 50-152(d) IN ORDER TO
ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE
AND RELIEF TAX ACT OF 2008 INTO THE POLICE PENSION
TRUST FUND REGULATIONS AND FOR CONSISTENCY WITH
CHAPTER 185, FLORIDA STATUTES; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER
50. POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
ORDINANCES AT SECTION 50-61. DEFNITIONS. BY REPEALING
SECTIONS 50-82, 50-90, 50-1 24 AND 50-1 27 AND SUBSECTIONS
WHEREAS, the Heroes Earnings Assistance and Relief Tax Act of 2008
(“HEART)(H.R. 6081; P.L. 110-245) was passed into the federal law and permits
qualified pension plans, such as the Palm Beach Gardens Police Officers’ Retirement
Trust Fund (the “Fund”), to provide certain benefits to members of the Fund who are
absent from employment when such absence is due to active duty military service; and
WHEREAS, such qualified plans are required to adopt certain provisions of
HEART; and
WHEREAS, the State of Florida enacted into law Chapter 2009-97 which made
significant changes to Chapter 185, Florida Statutes, requiring the Fund to be amended
accordingly; and
WHEREAS, the Board of Trustees of the Fund has determined that it is in the
best interest of the participants and beneficiaries of the Fund to make the necessary
amendments to the regulations governing the Fund; and
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida desires
to revise its Police Officers’ Pension Ordinance in order to implement these
amendments; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
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Ordinance 2, 2010
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SFCTION 2. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended at Section 50-61. Definitions. by repealing
the definitions of “Credited service”, “Police officer”, and “Salary” and readopting same,
as revised, which shall all be placed in alphabetical order in the list of definitions;
providing that “Credited service”, “Police officer”, and “Salary” shall hereafter be defined
and read as follows:
Credited service means the number of full years (and fraction thereof) of
continuous service from date of employment to date of termination. Continuous service
with the employer shall not be broken in the event of:
(1) Absence on an approved leave of absence. A police officer on an approved
leave of absence shall not receive credited service but shall retain all credited
service previously accrued. Upon returning to work, the police officer will again
accrue credited service.
(2)Absence from work because of occupational injury or disease incurred in
employment for which a police officer is entitled to Workers’ Compensation
payments. A police officer on an approved leave of absence as a result of
occuDat ional iniurv o r disease shall net cont inue to feseke accrue credited
service &# shall retain all credited service previously accrued. Upen
(3) Absence due to service in the armed forces of the United States, provided the
officer shall reenter employment with the city within one year of discharge. A
police officer shall not receive credited service while absent due to military
service but shall retain all credited service previously accrued. Upon returning to
work, the police officer will again accrue credited service and will be credited with
service for time spent in-m&#q on act ive dutv fo r UDtO five vea rs if::
a. The Dolice officer is in the active emDlov of the municbality Drior to such
service and lea ves a DOS ition. other than a te mDorarv pos ition. for the
purpose o f voluntary or involuntarv se rvice in the Armed Forces o f the U nited
States
b. The pol ice office r is entitled to reemp lovment unde r the provisions of the
Uniformed Se rvices EmDlovment a nd ReemPlovme nt Riahts Act. A-pke
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Ordinance 2.2010
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Effective Januarv 1. 200 7,
members who die or become disabled while on active duty military se rvice,
durina a break in the member's emDlovment. shall be ent itled to t he riahts of
this sect ion even thouah such member was not re-ernDloved bv t he city.
Membe rs who die o r beco me disabled while on active dutv militarv serv ice
shall be t reated as t houah t hev were re-emdoved t he dav be fore the member
beca me disabled or died. was credited with the service thev would have bee n
entitled to u nder this section. and then either died a non-dutv related deat h
while emDloved o r beca me disabled from a non-dutv related disabilitv.
Police officer means any person who is elected, appointed, or employed full,time
by any municipality, who is certified or required to be certified as a law enforcement
officer in compliance with state law, who is vested with Qg authority to bear arms and
make arrests, and whose primary responsibility is the prevention and detection of crime
or the enforcement of the penal, criminal, traffic, or highway laws of the state. This
definition includes a II cert ified supe rvisorv a nd co mmand De rsonnel whose duties
include. in whole or in Dart. t he smervisio n. trainina. au idance. a nd ma naaeme nt
resDons ibilities of full-time law enforcement officers. Dart -time law enforcement officers,
or auxiliarv law e nforceme nt officers. but does not include Dart -time law enforceme nt
officers o r auxiliarv law e nforcement officers as the same are defined in s. 943.10(6)
and (8). resDect ivelv.
..
Salary means the average monthly earnings reported to the Internal Revenue
Service for income tax purposes, plus deferred compensation. Bea innina with salaw
nI v i 4
the de he citv as d ifferential waaes to
after December 31. 2008. a n d Dursuant to Inter a Re enue Code Sect on 41 (uM7),
finition of salarv includes a mounts paid bv t
members who a re abse nt from emDlovment while in aua lified militarv se rvice. ..
SECTION 2. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended by repealing Section 50-82. Composition.
and readopting same, as revised; providing that Section 50-82 shall hereafter read as
follows:
Sec. 50-82. Composition.
The board of trustees shall consist of members as follows:
fl)& Two legal residents of the city, who shall be appointed by the city council.
Effective for terms bean ' nin a afte r March 1. 20 IO. eac h €a64 city trustee shall serve as
a trustee for a period of #we years, and such se rvice sha II be at the pleasure of the
city council. Each city trustee may succeed himself as a trustee.
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Ordinance 2, 201 0
Two trustees of the fund shall be elected by a majority of the police officers of
the city who are participants in the fund. Elections shall be held llnrlar in accordance
with such rules and regulations as the board of trustees shall from time to time adopt.
Effect ive for ter ms bea innina afte r March 1, 2010. eac h €a& police officer trustee shall
serve as a trustee for a period of twe years, unless he mxww ceases to be a police
officer in the employ of the police department, whereupon their successors shall be
elected by a majority of the participants of the fund. Each police officer trustee may
succeed himself as a trustee.
A fifth trustee shall be chosen and apD ointed to t he board by the 2 majority of
the other four trustees. This fifth trustee's name shall be submitted to the city council,
which shall, as a ministerial duty, ratify the appointment of such person to the board as
a & fifth trustee. Effective for terms bea innina after Ma rch 1. 2010. the Re fifth
trustee shall serve as a trustee for a period of four twe years, and may succeed himself
as a trustee.
SECTION 3. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended by repealing Section 50-87. Powers. and
readopting same, as revised; providing that Section 50-87 shall hereafter read as
follows:
Sec. 50-87. Powers.
@)The board of trustees may exercise the following powers:
To invest +we& and reinvest the assets of the retirement trust fund k ,and to
hold. Durchase. se II. ass ian. transfer. and disDose of anv secu rities a nd investments
held in the fund. includina the Dower and author itv to emdov counse lina or investment
rnanaae ment serv ices. The aim of the investme nt Dolicies sha II be to D reserve the
intearitv and secu ritv of the fund DrinciDal. to maintain a ba lanced investment ~ortfo lio,
to ma intain and enhance the value of the fund D rincipal. and to secu re the maximum
total return on investme nts that is consonant with safetv of DrinciDal. Drovided that SUC h
investments a nd re-investments shall be limited onlv bv t he investments pe rmitted by
the investment DO licv au idelines adoDted bv t he boa rd in acco rdance w ith Florida law.
Notwithstandina the foreaoinq, investments in foreian investme nts a re I imited in
acco rdance with sect ion 185.06(1)(b\4. Florida Statutes. The Boa rd membe rs must
discharae these du ties with resoect to t he olan so lelv in the best interests o f the
garticbants and be neficiaries and (i) for the exclusive Duroose of D rovidina be nefits to
garticbants and their benef iciaries and defravina reasonable exDenses o f administering
the D Ian: (ii) with the care, sk ill. Drudence! a nd diliaence under the c ircumstances t hen
greva ilina that a D rudent person actina in a like car> acitv and familiar with SUC h matters
would use in the co nduct of a n entermise of a like character and with like aims: and (iii)
bv diversifvina the investments of the Plan so as to mini m i ze t h e ri s k o f I a r ae I osses,
unless unde r the c ircumsta nces it is clearlv Drude nt not to do so.
...
4
Ordinance 2,2010
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.. c. !&
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he YY
+n
OUAt least once every three years, the board of trustees shall retain an independent
consultant professionally qualified to evaluate the performance of the professional
money managers. The independent consultant shall make recommendations to the
board regarding the selection of money managers for the next investment term. The
recommendations shall be considered by the board of trustees at its next regularly
scheduled meeting. The date, time, place, and subject of this meeting shall be
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Ordinance 2,201 0
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advertised in a newspaper of general circulation in the city at least ten days prior to the
date of the hearing.
) Notw'thsta I ndina anvthina else in this subsect ion or as D rovided in sect ion
215.473. F lorida Statutes. the boa rd of trustees must identify and Dubliclv report a ny
indirect ho ldinas it mav have in anv scrutinized co mDanv. as de fined in that
&on. Beainni na January 1.2010. the boa rd must proceed to se II. redeem, divest. o r
direct or
withdraw a I1 Dub liclv-traded secu rities it mav have directlv in that co mDanv. The
divestiture o f anv such secu ritv must be co mpleted bv SeDte mber IO, 20 IO. Theboa rd
and its na med to have breac hed
their fiduciarv dutv in anv act ion taken to disDose o f anv SUC h security. and t he boa rd
med officers or investment advisors rnav not be dee
shall ha ve sat isfactorilv discharaed t he fiduciary dut ies of lovaltv. Drudence. a nd sole
and exc lusive benef it to the Dart iciDants of the Dension fund and the ir beneficiaries if the actions it takes a re cons istent with the dut ies imDosed bv sect ion 215.473. Flo rida
Statutes. as D rovided for in sect ion 185.06(7). Florida Statutes. and t he manner of the
hosen. For DurDoses o f dete rmininq
ilize the I ist of scrutinized
disDos ition. if anv. is reasonab le as t o the means c
which comDan ies are scrut inized co mDanies. the boa rd mav ut
comoan ies as de veloDed bv t he Florida State Boa rd of Administration. No De rson rnav
brina anv c ivil. criminal, or administrative act ion aaa inst the board o f trustees or any
emdovee. o fficer. director, or advisor of such Dension fund based UDO n the divestiture
of anv secur itv DU rsuant to this subsection.
..
SECTION 4. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended by repealing Section 50-90. Amendment to
or replacement of plan. and readopting same, as revised; providing that Section 50-90
shall hereafter read as follows:
Sec. 50-91. Amendment to or replacement of plan.
&&The board of trustees shall not be empowered to amend or replace a retirement
plan without the approval of the city council.
4b) UDon termination of the Dlan bv the citv for anv reason. including, but not limited
to. a t ransfer. me raer. or consolidation of ao vernmental units. se rvices. o r functions as
rd of trustees
bv the c inued. t he
set forth in ChaDter 1 21. Florida Statues. o r uDon written notice to the boa
itv that contr ibutions under the plan are be ina De rmanentlv discont
h termination or
hall be
riqhts o f all emp lovees t o their accrued benefits UD to t he date of SUC
discont inuance. a nd the a mounts credited to t he emDlovees' accounts s
nonforfeitable . In such eve nt. the fund sha II be d istri buted in acco rdance w ith the
followina Drocedures:
rd of trus s h a I1 dete r mine the date o f" distributo inn a d t h e asset
value reaured to fund all the non forfeitable benef its. after ta kina into account t he
411 The boa
exDenses o II inform the citv if additional assets
are reau ired. and if so. the c itv shall co nt inue to financiallv SUDDO~~ the D Ian until
f such distribution. The board sha
all non forfeitable be nefits have bee n fullv funded.
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Ordinance 2,201 0
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42) The boa rd of trustees s hall determine the method of distribution of the asset
value. whether d istribution shall be bv Dav ment in cash. bv t he maintenance of
mothe r or subst ituted t rust fund. bv the DU rchase o f insured annuities, or
othewise. for each police officer entitled to benefits under the Dlan. as set forth
herein below in subsect ion (3).
43)The boa rd of trustees shall distribute the asset value as o f the date o f
forth in this subsect ion. on t he bas is that the
amou is the actua riallv
termination in the manne r set
nt reauired to D rovide anv aiven retirement income
inale-sum value of such retirement income, except t hat if the method
gf distribution deter mined u nder subsect ion (2) involves the DU rchase o f an
comDuted s
wured a nnuitv. the amount reauired to p rovide the aiven retirement income is
the sinale Dremium pavab le for such annuitv. The actua rial single-sum value may
not be less t han the emplovee's accumulated contributions to t he plan. with
interest if Drovided bv the Dlan! less the value of anv Plan benefits Dreviouslv Daid
to the emdovee.
(4) If there is asset value remainina afte r the full distribution sDe cified in
su bsect ion (3). a nd after Davment o f anv exDenses incurred with SUC h
distribution. such excess s hall be returned to the c itv. less anv state co ntributions
returned to t he state. D rovided t hat. if the excess is less t han the tota I
he city and the state to date o f term ination of the Dlan,
such excess s hall be d ivided proportio natelv to t he tota I contributions made bv
contributions made bv t
the citv and the state.
45)The boa rd of trustees shall distribute. in acco rdance with the manner of
distribution determined u nder subsect ion (2). the amounts dete rmined under
subsection (3).
SECTION 5. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended at Section 50-1 14. Beneficiaries. by
adopting new subsection (e); providing that subsection 50-1 14 shall hereafter read as
follows:
Sec. 50-1 14. Beneficiaries.
(a)-(d) adopted.)
(These subsections shall remain in full force and effect as previously
4e) If a membe r has elected a n oDtion with a ioint De nsioner or beneficiarv a nd his or
her retirement income benefits have commenced. he o r she mav thereafte r chanae the
desianated ioint Densioner or beneficiarv no more than two 2) times in acco rdance with
.34 1. Florida Statues. without the app roval of the board of trustees or t he
current ioint annu rovide Droof of the
section 185
itant or beneficiarv. The retiree is not reauired to D
good health of the ioint annuitant or beneficiarv be ina rem0 ved. a nd the ioint annu itant or beneficiarv be ina removed need not be I ivina. Anv reti red member who des ires to
..
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chanae his or her ioint annuitant or beneficiary shall file with the board of trustees a
notarized notice of such chanae. UDO n receiDt of a comDleted cha nae of ioint annuitant
form o r such other notice. the board of trustees shall adiust the mem ber's monthly
benefit bv t he aDD lication of actua rial tables and calculations develoDed to e nsure that
rial eauivalent of the Dresent value of the member's current
with the actuarial
the bene fit Daid is the actua
benefit and t here is no imDact to t he plan. Anv costs assoc' iated
calcu lation oft he benefit shall be borne bv t he member.
SECTION 6. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended at Section 50-1 18. Disability retirement. by
repealing subsection (d) and readopting same, as revised; providing that subsection 50-
118 shall hereafter read as follows:
Sec. 50-1 18. Disability retirement.
(a)-(c) (These subsections shall remain in full force and effect as previously
adopted.)
(d) Exclusions. A police officer shall not be entitled to receive any disability
retirement income if the disability is the result of:
(1) Excessive and habitual use by the police officer of drugs, intoxicants, or
narcotics;
(2) Injury or disease sustained by the police officer while willfully and illegally
participating in fights, riots, civil insurrections or while committing a crime;
(3) Injury or disease sustained by the police officer while serving in any armed
forces, This exclusion does not affect members who have beco me d isabled as a
result of intervenina militarv se rvice u nder the federal Heroes Earninas
Assistance and Relief Tax Act of 2008 H.R. 6081: P.L. 110-245).;
(4) Injury or disease sustained by the police officer after employment has been
terminated; or
(5) Injury or disease sustained by the police officer while working for anyone
other than the city and arising out of such other employment.
(e)-(g) adopted.)
(These subsections shall remain in full force and effect as previously
SECTION 7. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended at Section 50-121. Optional forms of
benefits. by repealing subsection (b) and readopting same, as revised; providing that
subsection 50-121 shall hereafter read as follows:
8
Ordinance 2,201 0
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Sec. 50-121. Optional forms of benefits.
(a) (This subsection shall remain in full force and effect as previously adopted.)
(b) The value of optional benefits shall be the actuarial equivalent of the value of
benefits othewise payable, and the present value of payments to the retiring member
must be at least equal to 50 percent of the total present value of payments to the retiring
member and his beneficiary. The member shall make an election by written request to
the board, such request being retained in the board's files. The options available to the
members of the fund are as follows:
(1) Contingent annuitant (joint and suwivor option). The member may elect to
receive a benefit during his lifetime and have such a benefit (100 percent or 75
percent or 66 2/3 percent or 50 percent of such monthly benefit) continued after
his death to and during the lifetime of his spouse or relative other than his
spouse. The election of option 1 shall be null and void if the designated
beneficiary dies before the member's payments commence. If a member has
elected a n oDt ion with a ioint Pensioner or beneficiarv a nd his or her retirement
income be nefits ha ve commenced. he or she mav the reafter chanae the
desianated ioint De nsioner or beneficiarv UD to tw ice in acco rdance with sect ion
185.341. Florida Statutes. w ithout the am roval of the board o f trustees o r the
rovide woof current ioint annuitant or beneficiarv. T he retiree is not reauired to D
of the aood hea Ith of the ioint annuitant or beneficiarv be ina removed. a nd the
joint an nuitant o r beneficiarv be ina removed need not be livina. Anv retired
member who des ires to chanae his or her ioint annuitant o r bene ficiarv s hall file
with the boa rd of trustees a notarized notice of such c hanae. UDO n receiDt of a
comD leted cha nae of joint annu itant form or such other not ice. the boa rd of trustees s hall adiust the member's mont hlv bene fit bv t he am1 ication of actua rial
tables and ca lculations develoDed to e nsure that the be nefit r>a id is the actua rial
eauivalent of the Dresent value of t he member 's current be nefit and t here is no
lation of the imDact to the Plan. Anv cos ts assoc iated with the actuarial calcu
benefit shall be bo rne bv t he me mber.
(2) Life annuity. The member may elect to receive a benefit payable for the
police officer's life only.
(3) Other. In lieu of the other optional forms enumerated in this section, benefits
may be paid in any form approved by the board so long as it is the actuarial
equivalent of the benefits otherwise payable.
SECTION 8. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended by repealing Section 50-124. Rights and
benefits not subject to legal process. readopting same, as revised; providing that
subsection 50-124 shall hereafter read as follows:
9
Ordinance 2, 2010
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Sec. 50-124. Rights and benefits not subject to legal process.
The rights and benefits provided for in this article are vested rights of participants
in the fund and shall not be subject to attachment, garnishment, execution or any other
legal process. However. the Board shall honor an income deduct0 i nor de rf o r a lim o n v
[ r chi1 in r.
Uoon written reauest bv t he retiree. the Board of Trustees mav aut horize the Plan
administrator to withhold from the monthlv retirement Davment funds necessary to:
mav for bene fits beina received throuah the Cityi
) Dav for Dremiums for accident health and lona-term care insurance for the retiree,
s sDouse. and deDendents. A retirement Dlan does not in c u r I' lab ii Itv f o r
fih r n
retiree'
part icbation i n this Dermissive Droaram if its actio n s a r e ta k e n'n I aood at DU sua t to
section 185.05(6). Florida Statute S.
SECTION 9. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended by repealing Section 50-127. Prior police
officer service. and readopting same, as revised; providing that subsection 50-127 shall
hereafter read as follows:
Sec. 50-1 27. Prior police officer service.
Unless otherwise prohibited by law, the years or fractional parts of years that a
police officer previously served in the United States Military Service, or the years or
fractional parts of years that a police officer previously served as a police officer with the
city during a period of employment and for which accumulated contributions were
withdrawn from the fund, or the years and fractional parts of years that a police officer
served as a police officer with any other municipal, county, state or federal law
enforcement agency shall be added to the years of credited service provided that:
fl)U The police officer contributes to the fund the sum that would have been
contributed, based on the police officer's salary and the employee contribution rate in
effect at the time that the credited service is requested, had the police officer been a
member of this system for the years or fractional parts of years for which the credit is
requested plus amount actuarially determined such that the crediting of service does not
result in any cost to the fund plus payment of costs for all professional services
rendered to the board in connection with the purchase of years of credited service.
Payment by the police officer of the required amount may be made within six
months of the request for credit and in one lump sum payment, or the police officer can
buy back this time over a period equal to the length of time being purchased or five
years, whichever is greater, at an interest rate which is equal to the fund's actuarial
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Ordinance 2, 2010
assumption. A police officer may request to purchase some or all years of service. No
credit shall be given for any service until all years of service which are to be
repurchased, have been repurchased.
0 The credit purchased under this section shall count for all purposes, exceDf
-vesting.
l$)u In no event, however, may credited service be purchased pursuant to this
section for prior service with any other municipal, county, or state police department, if
such prior service forms or will form a basis of a retirement benefit or pension from
another retirement system or plan. This subsection does not apply to military service.
SECTION IO. Chapter 50. Police. of the Code of Ordinances of the City Palm
Beach Gardens, Florida is hereby amended at Section 50-152. Amounts payable upon
election to participate. by repealing subsection (d) and readopting same, as revised;
providing that subsection 50-1 52 shall hereafter read as follows:
Sec. 50-1 52. Amounts payable upon election to participate.
(a)-(c) (These subsections shall remain in full force and effect as previously
enacted.)
(d) Upon termination of employment, participants in the DROP will receive the
balance of the DROP account in accordance with the following rules:
(1) Members may elect to begin to receive payment upon termination of
employment or defer payment of the DROP until the latest day as provided under
subsection (d)(3) of this section.
(2) Payments shall be made in either:
a. Lump sum. The entire account balance will be paid to the retirant upon
approval of the board of trustees.
b. Installments. The account balance will be paid out to the retirant in three
equal payments paid over three years, the first payment to be made upon
approval of the board of trustees. % Annuity. The account balance will be paid out in monthly
installments until the entire balance is exhausted. At the direction of the
participant, the account balance can be used to purchase an annuity to be
paid monthly, the first payment to be made upon approval by the board of
trustees. The annuity must be purchased from an insurer licensed to sell
such annuities in the state.
l$)B Any form of payment selected by a police officer must comply with the
minimum distribution requirements of the IRC 401(A)(9), and is subject to the
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Ordinance 2, 201 0
requirements of subsection 50-132,(2e) cf thk4c&e .g. payments must
commence by age 70%.
The beneficiary of the DROP participant who dies before payments from
the DROP begin shall have the same right as the participant in accordance with
subsection 17 of the IRC 401 (A)(9).
SECTION 11. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 12. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
SECTION 13. Specific authority is hereby granted to codify this Ordinance.
SECTION 14. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page intentionally left blank)
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PASSED this 2/3W j-Tday of o W'j
PASSED AND ADOPTED this day of ,2010, upon second
, 2010, upon first reading.
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
- David Levy, Vice Mayor
- Eric Jablin, Councilmember
Jody Barnett, Councilmember
FOR AGAINST ABSENT
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDlNANCES\2010\0rdinance 2 201 0 - PD pension (2).doc
13
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 18,2010
Ordinance 3,2010
Resolution 3,2010
PPUD-07-08-000016
SUBJECT/AGENDA ITEM
Ordinance 3,2010 and Resolution 3,2010: Regions Bank Planned Unit Development -
Major Conditional Use with Site Plan
Second Reading and Adoption: A request from Andrea Cardo, the agent for Regions Bank on
behalf of Group Force Northlake LLC, to approve a rezoning of the Regions Bank from General
Commercial (CG-1) to Planned Unit Development (PUD) overlay with an underlying zoning
designation of CG-1, and Major Conditional Use on a 1.54 acre parcel previously occupied by
the Scalisi Brothers Produce Market, located at 3855 Northlake Boulevard, approximately 500
feet east of 1-95. The proposed PUD and Major Conditional Use includes a 3,820 square foot
bank with four (4) drive-thru lanes and one (1) additional lane for drive-up ATM use.
[XI Recommendation to APPROVE with five (5) waivers
[ ] Recommendation to DENY
DeveloDment ComDliance: &- Bahareh K. Wolfs, AICP
Growth Management
AdminiSator:
Kara L. Irwin, AICP
Approved By:
Originating Dept.:
Growth Mana ement:
Project @
Manager
Kate Wilson
Planner 1 i
Manager N Planning
Natalie Wong, AICP --
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
~
Advertised:
Date: January 6,2010
Paper: Palm Beach Post
[XI Required
[ 3 Not Required
Affected Parties:
[XI Notified
[ ] Not Required
-
FINANCE:
Finance
Administrator:
NIA
Allan Owens
Accountant:
Sf
Sarah Varga
Fees Paid: [XI Yes
Budget Acct.#:
NIA
City Council:
[ ] Rec. approval
[ ] Approval with Conditions
[ 3 Rec.Denia1
[ 3 Continued to:
Attachments:
*:* Location Map
*:* Ordinance J, 1965
43 Easement Deed
43 PBC Traffic Concurrency
Letter
*3 McMahon Traffic
Concurrency Letter
*:* Ordinance 3,2010
*:* Resolution 3,2010
*:* Reduced Plans
*:* Signage Package
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 2 of 14
North
Residential (October Park)
BACKGROUND
RH 12 - Residential High Palm Beach County
Rh4 - Residential Multifamily
The subject property was annexed into the City of Palm Beach Gardens on November 29, 1965,
through the adoption of Ordinance J, 1965.
South
Commercial
(Northlake Commons) - East
Restaurant (McDonald’s)
On November 1, 1990, City Council approved the site plan for the Scalisi Brothers Produce
Market (Jerry & Joe’s), located at 3855 Northlake Boulevard. The site plan included a 6,944
square foot retail building. The building was demolished in 2008. The site is currently vacant,
and has not been developed since the original building was demolished.
CG1 - General Commercial C - Commercial
CG1 - General Commercial C - Commercial
On August 1, 2007, the City received the subject petition, requesting to locate a 3,820 square
foot Regions Bank with five (5) drive-thru lanes on the subject site. The application includes a
rezoning from CG-1 to PUD overlay with an underlying designation of CG-1, site plan, Major
Conditional Use, and five (5) waivers.
- West
Retail (Edwin Watts Golf
Shop)
LAND USE & ZONING
CG1 - General Commercial C - Commercial
The future land use designation of the subject site is Commercial (C), and has a zoning
designation of General Commercial (CG-1). The Applicant is requesting approval to rezone to a
Planned Unit Development (PUD) Overlay/General Commercial (CG- 1) underlying zoning
district.
Table 1. Existing Zoning Land Use Designations
I CG1 - General Commercial I c - Commercial Subiect Property I Vacant
CONCURRENCY
On September 7, 2007, Palm Beach County Traffic Division approved the project for 3,820
square feet of “Financial InstitutionBank with drive through” use with a build-out date of 2010.
On September 27,2007, McMahon Associates, Inc., the City’s traffic consultant, completed their
review of the revised Traffic Impact Statement, and granted the project city traffic concurrency
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 3 of 14
(see attached Concurrency Approval Letters).
PROJECT DETAILS
Building Site
The 1.54 acre site is a flag shaped lot, located on Northlake Boulevard east of 1-95. The site falls
within the Central District of the Northlake Boulevard Overlay Zone (NBOZ). The Applicant is
requesting to build a 3,820 square foot bank with four (4) drive-thru lanes and a fifth lane for
drive-up ATM use. The north property line is delineated by a wood fence, and a two (2) lane
alley that separates the commercial buildings from a single family residential area, located in
unincorporated Palm Beach County. The south property line fronts Northlake Boulevard. The
subject property abuts McDonald’s restaurant on the east and Edwin Watts Golf Store on the
west. An eight (8) foot cast concrete screen wall is proposed to replace the existing wooden
fence along the entire northern property line.
Northlake Boulevard Overlay Zone
The NBOZ was established to implement the objectives of the Northlake Boulevard Corridor
Conceptual Streetscape Plan. The NBOZ is an overlay based on a joint agreement between the
City of Palm Beach Gardens, the Village of North Palm Beach, Town of Lake Park, and Palm
Beach County. This agreement was established to improve the corridor by unifylng design and
development themes, improving signage, and encouraging redevelopment to improve the areas
economic conditions. The subject project has been designed to meet the elements set forth in the
overlay.
Site Access
Three (3) access points will be provided to the site: One (1) from Northlake Boulevard, one (1)
from Sunrise Drive, and one (1) from the alley that runs along the north property line that
connects to Sunrise drive. The alley includes a perpetual road easement, of which the City of
Palm Beach Gardens is the easement holder. These three (3) access points will be used for both
ingress and egress.
An easement deed was entered into on February 1, 1991, between Anthony Jr. and Joseph M.
Scalisi (the Grantors) and the City of Palm Beach Gardens, Florida (the Grantee). The
agreement grants the Grantee a perpetual road easement of the twenty (20) feet along the north
property line (see attached Easement Deed).
The Applicant is responsible for the maintenance of all landscaping and structures proposed
within the 20 foot easement. City Code Section 78-322(a) requires the Applicant to fulfill this
maintenance responsibility.
Parking
Section 78-345 of the City Code, requires a Financial Institution with a drive through to provide
one (1) parking space per 250 square feet. Based on the proposed building, 16 parking spaces
are required. The Applicant has provided 23 spaces; seven (7) more than required. Because the
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 4 of 14
provided parking is more than ten (1 0) percent above that required, the Applicant has requested a
waiver from Section 78-345 (see Waiver section).
Architecture
The Applicant proposes architecture in accordance with the design standards set forth in the
NBOZ. The primary building color proposed is a sand color, with a light brown trim along the
top of the main faqade and around the door and window frames. A white ornamental trim with
brackets runs along the entire faqade just below the roofline. The eight (8) foot concrete wall
proposed at the rear of the property will be constructed to match the primary building color. The
roof consists of a brick colored Hanson Concrete tile. A parapet feature, located at the southeast
corner of the building, will further enhance the aesthetics of the building, and create a stronger
statement at the entrance. In addition, stone veneer will line the base of the building faqade and
vertically oriented windows will be placed along the south and east sides of the building. All of
the architectural features proposed are consistent with the NBOZ design standards.
Signane
The Applicant is proposing signage for the project that includes: one (1) monument sign, two (2)
building signs, six (6) lane identification signs, and 12 inch address numbers. A signage package
has been provided as an attachment.
The proposed monument sign fronts Northlake Boulevard, has a height of eight (8) feet, and a
width of approximately nine (9) feet with a three (3) foot five (5) inch base, as required by
Section 78-285 of the City Code and Section 78-229 of the NBOZ. The sign has approximately
12 inch letters and a 14 inch logo. The Applicant is requesting a waiver to allow the monument
sign, because the subject parcel has less than 300 linear feet of street frontage as required by both
the Northlake Boulevard Overlay and City Code (see Waiver section).
Additionally, two (2) wall signs are proposed; one (1) to be located on the south building
elevation, and one (1) located on the east elevation. Section 78-285 of the City Code, Table 24,
allows one (1) wall sign per tenant space. The Applicant is requesting a waiver to allow a
second wall sign (see Waiver section). The wall signs consist of a logo and the tenant name.
The logo has a height of approximately 3 1 inches and the lettering has a height of 2 1 inches. The
proposed sign dimensions are consistent with the City’s Code.
Landscaping/Buffering
The 1.54 acre site is proposed to be 63.5 percent impervious. The Applicant is providing 36.5
percent open space; 15 percent open space is required by City Code. The Applicant has provided
a landscape buffer around the entire parcel. A 20 foot buffer is located along the south property
line that fronts Northlake Boulevard, as required by Section 78-228(k)( l)(c) of the NBOZ and
LDR. A 9 foot and 16 foot buffer are provided along the east and west sides of the parcel,
respectively, which exceeds the requirements of Section 78-228 for an eight (8) foot buffer.
City Code Section 78-1 86(8), requires a minimum 15 foot wide landscape buffer where a
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 5 of 14
commercial site abuts a residential property line. Additionally, this section of the code requires a
six (6) foot minimum wall to separate the commercial use from the adjacent residential property,
and requires this wall to be set five (5) feet from the property line. The Applicant is providing an
eight (8) foot cast concrete screen wall, exceeding the required height. However, because there
is a perpetual public access easement that runs along the north property line, the Applicant is
proposing to set the wall two and one-half feet from the property line, and landscape the wall on
the south side with ground shrubs. A waiver has been requested from Section 78-1 86 for the 15
foot landscape buffer, and the five (5) foot property line offset due to site restrictions (see Waiver
section). In place of the 15 buffer at the property line, the Applicant is providing a 15 wide
landscape buffer on the south side of the access road.
The parcel is also required by Section 78-324 to adhere to the Roadway Beautification Plan. The
Applicant will therefore be responsible for the installation and maintenance of the landscaping
and irrigation for both the road shoulder along Northlake Boulevard, and their fair share of the
median improvements proposed within Northlake Boulevard.
Phasing
The improvements will be completed in one (1) phase.
Drainage -
The existing site is approximately 90 percent impervious, and has no existing stormwater system.
All stormwater runoff is currently directed onto Northlake Boulevard and Sunrise Drive. The
runoff from the building and the pavement areas drain directly south into Northlake Boulevard.
The properties to the east and west are both approximately one (1) foot higher in elevation than
the existing site. However, the proposed site will be raised to approximately the same elevation
as the adjacent properties. The site is above the 100 year flood elevation and there are no
wetlands on the parcel.
The proposed stormwater facility will be an on-line dry detention system. The runoff from the
building, pavement, and landscaped areas will flow into the pond, and overflow into a weir in the
control structure. The overflow weir of the proposed stormwater system is above the rim
elevation; therefore, tailwater conditions will not affect the performance of the stormwater
management system. The stormwater management system will discharge into the roadway storm
system, which conveys the water east into the adjacent drainage canal.
(The remainder of this page intentionally left blank)
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 6 of 14
Waiver Requests
The Applicant has requested the following five (5) waivers:
Requirement
Additional parking
greater than ten (1 0)
1
78-345(d)(3)
(LW percent.
Table 24 (LDR)
78-285, Table 24
(LDR)
78-1 86(b)(lO)(al)
(LDR)
One wall sign per
tenant space or parcel
Required 15 foot
landscape buffer.
51
Required 8 foot wall to 78-1 86(b)(1 be set 5 feet from
(LW property line.
23 spaces
One monument
sign with 206
L.F. of street
frontage.
Two wall signs
Provide a 15
foot buffer on
south side of the
access road
Set wall 2 %
feet from
property line
Waiver
Seven spaces
94 L.F. of
street frontage
One wall sign
Relocate
landscape
buffer
2 % foot offset
from adjacent
property line
Support &
Discussion
Approval
Approval
Approval
*Size limited to 24"
Approval
Approval
1) The Applicant is requesting a waiver from City Code Section 78-345(d)(3), Additional
Parking, to allow more than a ten (1 0) percent increase in provided parking spaces. Based on
the additional open space proposed by the Applicant, staff supports this waiver request.
Section 78-345(d)(4) of the Code, requires additional open space to be provided at a ratio of
1.5 square feet for each additional square foot of paved parking and vehicular circulation
area, when excess parking is proposed. Therefore, an additional 1,295 square feet of open
space has been provided to meet this requirement (see Sheet L1.1).
2) The Applicant is requesting a waiver from City Code Section 78-229 Table 5-6 and 78-285,
Table 24, to allow for a monument sign on a parcel with less than 300 linear feet of street
frontage. The proposed sign is approximately eight (8) feet tall by nine (9) feet wide, and has
a copy area of approximately 29 square feet, which is consistent with both the City's sign
code and the NBOZ. The parcel is an irregular, flag shaped lot with public access roads
along the north and south property lines, and a portion of the east property line. The south
property line, which abuts Northlake Boulevard, is approximately 206 linear feet. Due to the
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 7 of 14
manner in which the property was subdivided, the parcel does not meet the minimum
standard for a monument sign. It should be noted that the subject site was annexed into the
city in 1965, prior to the adoption of both the city’s sign code and the Northlake Boulevard
Overlay Zoning District.
The requested waiver was reviewed in conformance with the criteria listed in Section 78-158.
The proposed project will possess architectural significance, established a sense of place,
create employment opportunities, demonstrate a public benefit, is compatible with the
surrounding land uses, and is a positive example of infill development in the city. The
proposed development meets a majority of the waiver criteria, and has exceeded the city’s
minimum standards in a number of areas, which is sufficient justification for approval of the
requested waiver.
While not part of the waiver approval criteria, it should be noted that a number of
surrounding parcels have monument signs, but do not maintain the 300 linear foot minimum
requirement. Therefore, the request is in harmony with what has been allowed for parcels in
similar situations.
3) The Applicant is requesting a waiver from City Code Section 78-285 Table 24, to allow a
second wall sign on a single building. Because the parcel has roadway frontage on Northlake
Boulevard and Sunrise Drive, two (2) wall signs would be permitted under the NBOZ
(Section 78-229). Since the more restrictive code prevails, the Applicant is permitted only
one (1) tenant sign. It is staffs professional opinion that the second wall sign enhances way-
finding abilities for vehicles using Sunrise Drive to go west on Northlake Boulevard, and is
consistent with the overall intent of the NBOZ. Additionally, if both wall signs are
permitted, the letter height will be limited to 24 inches for both signs; 36 inches is allowable
by code. In terms of size and scale, the proposed signage has been evaluated, and meets the
requirements of Section 78-285.
4) The Applicant is requesting a waiver from City Code Section 78-186(b)(lO)(al): Minimum
Buffer, to allow the 15 foot wide landscape buffer to be relocated internal to the site. The
code requires a 15 foot wide landscape buffer where a commercial use abuts a residential
property line. However, because of an access road along the north end of the property, it is
not possible to locate the 15 foot wide buffer near the property line. In place of the 15 foot
landscape buffer along the north property line, the Applicant has provided a 15 foot
landscape buffer, along the south side of the access road. In essence, the required buffer has
been provided, but due to the access road it has been relocated. To further screen the
commercial use from the adjacent residential community, the Applicant has provided an
eight (8) foot concrete wall to be built along the north property line. Ground shrubs will be
planted along the south side of the wall. The relocated landscape buffer, along with the
proposed eight (8) foot wall, provides sufficient screening of the commercial use from the
existing residential property, and satisfies the intent of the code requirement.
5) The Applicant is requesting a waiver from City Code Section 78-186(b)(lO)(al): Screen
Meeting Date: February 18,2010
Ordinance 3,20 10 and Resolution 3,20 10
Page 8 of 14
wall setback, to provide a two and one-half foot setback from adjacent property line. The
screen wall is required to be set at least five (5) feet from the adjacent property line. Due to
the access road that runs along the north property line, the Applicant is unable to provide the
required setback, and has proposed a two and one-half foot setback between the wall and the
residential property line. If the wall were set five (5) feet from the property line, the wall
would encroach upon the 20 foot perpetual road easement. The two and one-half foot
setback affords sufficient room for the property owner to properly maintain both sides of the
wall.
MAJOR CONDITIONAL USE ANALYSIS
Section 78-1 59, Permitted, Conditional and Prohibited Use Chart, allows a Bank/Financial
Institution with Drive-thru within a Planned Unit Development (PUD)/CGl zoning district as a
Major Conditional Use. A Conditional Use Analysis has been provided in accordance with
Section 78-52, Conditional Uses, (d) Criteria, of the Land Development Regulations.
The following is staffs analysis based on the criteria set forth in Section 78-52(d), Conditional
Uses:
1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan.
The comprehensive plan designation for this site is Commercial. The proposed zoning
designation is PUD/CGl , which is consistent with the comprehensive plan designation.
2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
The proposed major conditional use will be part of the proposed bank. The Applicant is
requesting five (5) waivers, which include requests for a ground sign, a second building
sign, additional parking spaces in excess of ten (10) percent, reduction of landscape
buffers along the north property line, and reduction of a wall offset on the north property
line.
3) Standards. The proposed use is consistent with the standards for such use as
provided in Section 78-159.
Section 78-159, Table 21 Permitted, Conditional and Prohibited Use Chart:
BanMFinancial Institution with Drive-thru (note 29).
(Note 29) Bank or financial institutions with drive-through lanes located on
property within the CN, CG1 and CG2 zoning districts with more than four drive-
through lanes shall be considered a major conditional use. The proposed
conditional use is in compliance with all the requirements of the standards in
Section 78-159.
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 9 of 14
The proposed use is in compliance with the requirements set forth in Section 78-159
(note 29).
4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
(a) Providing for a safe and effective means of pedestrian access;
The proposed site plan provides for pedestrian access from the building to the right-of-
way (Northlake Boulevard), and pedestrian pathways within the landscape buffer along
Northlake Boulevard.
(b) Providing for a safe and effective means of vehicular ingress and egress;
The Applicant has provided a number of ingress and egress points to make vehicular
access safe and effective.
(c) Providing for an adequate roadway system adjacent to and in front of the site;
The proposed building will not interfere with the existing ingress and egress to the site
from the public right-of-ways.
(d) Providing for a safe and efficient onsite traffic circulation, parking, and overall
control; and
The proposal provides for complete circulation and adequate parking for the prescribed
use.
(e) Providing adequate access for public safety purposes, including fire and police
protection.
The site can be easily accessed by emergency vehicles on the front and rear sides, and
will meet fire, police, and building safety codes.
5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, including such impacts as:
(a) Noise,
(b) Glare,
(c) Odor,
(d) Ground, wall, or roof-mounted mechanical equipment,
(e) Perimeter, interior, and security lighting,
(0 signs,
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 10 of 14
(g) Waste disposal and recycling,
(h) Outdoor storage of merchandise and vehicles,
(i) Visual impact,
(j) Hours of operation.
Currently, a six (6) foot high wooden fence runs along the north property line to visually
separate the residential community to the north from the commercial use. The wooden
fence has experienced a great deal of deterioration over the years, and is not aesthetically
pleasing. The Applicant has proposed to replace the wood fence with an eight (8) foot
concrete wall, which will be painted to match the main building. Additionally, the
residential use is buffered by a 20 foot access road and landscaping. The bank will
maintain regular business hours, and is not proposing any activities that will interfere
with the surrounding properties.
6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
The proposed use will have no impact on utilities located on adjacent properties.
7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirement required by the chapter.
All attainable dimensional requirements have been met. The subject site is an older
parcel that was annexed into the City, and due to its size and configuration is unable to
meet certain requirements, such as the northern landscape buffer and screen wall setback.
The requested waivers will address these concerns.
8) Neighborhood Plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
There is no neighborhood plan for this area.
9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character or area development.
The proposed use will occupy the site of a previous produce market, and be located to
provide the surrounding community with financial services.
10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
The proposed use is located between two (2) other uses that are commercial in nature,
directly accessible to a Major arterial, and located in an area where water supply and
wastewater collection are provided, consistent with the policies for Commercial land
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 11 of 14
uses.
Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this chapter and the goals, objectives, and policies of the City.
The proposed use will bring an additional financial service provider to the community,
consistent with the general purposes of the City’s policies for Commercial land uses.
Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
The proposed use will improve the visual aesthetics by replacing the existing screen
fence with a solid wall to better screen the commercial use from adjacent residences, and
creating an aesthetically pleasing architecture that will compliment the vision of
Northlake Boulevard.
Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impact on environmental and natural
resources including air, water, storm water management, wildlife, vegetation, and
wetlands.
The subject site does not contain any environmentally significant wildlife, vegetation, or
wetlands. Additionally, the Applicant is proposing to develop a parcel that was
previously occupied by a different tenant. Redevelopment of this nature discourages
urban sprawl, which further minimizes the potential for adverse environmental impacts to
be generated by the site.
CONSISTENCY WITH COMPREHNSIVE PLAN
It is staffs professional opinion that the proposed development is consistent with the overall
intent of the goals, objectives and policies of the City’s Comprehensive Plan. An example of
some of the goals, objectives and policies, which are consistent with and furthered by the
proposed PUD, are listed below.
Future Land Use Element
Goal 1.1: Continue to ensure a high quality living environment through a mixture of land
uses that will maximize Palm Beach Gardens’ Natural and Manmade Resources while
minimizing any threat to the health, safety, and welfare of the City’s citizens that is caused
by incompatible land uses and environmental degradation, by maintaining compatible land
uses, which consider the intensities and densities of land use activities, their relationship to
surrounding properties and the proper transition of land uses.
Objective 1.1.3: Maintain land development regulations to manage future growth and
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 12 of 14
development in a manner that provides needed facilities and services, protects
environmental resources, and encourages infill and redevelopment of the eastern portion of
the City.
Policy 1.1.3.4: the City shall maintain land development regulations which provide for a
Planned Unit Development (PUD) technique which shall implement the following concepts:
a) The intent of the Planned Unit Development (PUD) is to ensure the desired
character of the community is furthered or enhanced on development sites within
the City, particularly on sites where the development proposed is rather intense.
Master plans for Planned Unit Developments include, at a minimum, site plans
showing all local roads and landscaping plans. Supporting documentation is also to
be included which indicates, at a minimum, development phasing and a list of
permitted uses for commercial and industrial PUDs.
The bank proposed is consistent with the architectural elements of the NBOZ, and the desired
character of the Palm Beach Gardens community. Additionally, the subject site is located within
an established commercial corridor that is currently vacant, which satisfies the City’s objective to
encourage infill and redevelopment of properties within the eastern portion of the City, and
discourage urban sprawl.
Objective 1.1.4: Maintain land development regulations containing standards and
provisions which encourage the elimination or reduction of uses inconsistent with the City’s
character and future land uses.
Policy 1.1.4.1: Expansion or Replacement of Land uses which are inconsistent with the
Future Land Use Plan shall be prohibited.
The proposed development is consistent with the zoning (CG-1) and future land use (C)
designations of the subject site. The proposed bank is noted as a major conditional use in the
City’s Land Development Regulations. The proposed bank is an appropriate transition for the
two (2) adjacent commercial developments to the east (McDonald’s restaurant) and west (Edwin
Watts golf store). Furthermore, the PUD has been designed to minimize any negative impacts by
including an eight (8) foot concrete wall along the north property line to properly buffer the
residential development to the north.
Goal 1.2: Encourage development or redevelopment activities, while promoting strong
sense of community, and consistent quality of design; and do not threaten existing
neighborhood integrity and historic and environmental resources.
Objective 1.2.4: Direct Future growth, development and redevelopment to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
natural limitations; the goals, objectives, and policies contained within this Comprehensive
Plan; and the desired community character.
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 13 of 14
The Future Land Use Map has designated the subject site as Commercial (C). The site has been
designed with sound planning principles, which minimize any impacts on the surrounding area.
By utilizing a previously occupied site, the Applicant is incorporating the desired redevelopment
concepts. The impact of the use on the adjacent residential property has been mitigated by
constructing concrete wall along the property line separating the two (2) uses. The site design
also incorporates additional open space (1 5 percent is required and 36 percent is proposed).
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On August 23, 2007, the subject petition was reviewed by the DRC committee. To date, no
objections have been received. Since then, staff has been working with the Applicant to address
comments related to the project through the review process.
PLANNING. ZONING. AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on February 24,2009, and voted 7 to 0 to recommend approval to the City Council of the
rezoning, site plan, and four (4) waivers. However, the board voted 6-1 to recommend denial of
waiver No. 3, concerning a proposed second building sign (see Waiver section). The PZAB
issued the following comments. Staffs response is italicized below.
1. The Board recommended the Applicant work to ensure site lighting will not spill into
adjacent residential district.
The Applicant revised the Photometric Plan, Sheet E2, to reflect 0.0 foot candle levels at the
property line abutting the residential district. Additionally, a condition of approval has been
added, which requires on-site lighting to be cast downward, and shielded fiom the adjacent
residential property.
2. The Board would like to see the bracket feature along the entire roof line of the building.
Currently, the overhang and bracket feature is only along the parapet feature, and all three (3)
sides of the drive-thru.
The Applicant has revised their Elevations, Sheet A3, to reflect the addition of the brackets
around the entire roof line.
3. The Board would like the Applicant to consider painting the down spouts the color of the
building to make them less visible.
The Applicant has revised Sheet A3 to show the down spouts to be painted the same color as
the building.
4.
5.
Meeting Date: February 18,2010
Ordinance 3,2010 and Resolution 3,2010
Page 14 of 14
At the request of residents from the abutting neighborhood, the Board would like the
Applicant to discourage delivery and semi trucks from parking and/or idling along the access
road to the north.
The Applicant revised the Site Plan to include “No Parking” and “No Standing” signs along
the access road.
The Board recommended denial of the proposed second building sign.
The Applicant has decided to proceed in requesting the second wall sign. while staff remains
in support of the waiver request, a cap has been placed on the tenant signs, to only allow a
letter height of 24 inches if@ of the requested wall signs are permitted; 36 inches is
allowable by code. If only one (1) wall sign is permitted, the tenant could utilize the 36 inch
letters allowed by code.
CITY COUNCIL
On January 2 1,20 10, City Council voted 5-0 to approve Ordinance 3,201 0 on first reading.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 3, 2010 and Resolution 3,2010, which includes a
site plan, a major conditional use, and five (5) waivers with conditions.
LOCATION MAP
3855 Northlake Boulevard
I\ RTHLAKE b
155 310 930
AKE
ORDINANCE 0-J -
An Ordinance to annex certain lands to, and incorporate the same
within, the territorial limits of the CITY OF PAIM BEACH GARDENS, to
take effect imediately upon the rezoning of said lands.
BE IT ORDAINED BY THIS CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA:
Section 1. The following described two (2) parcels shall be, and
the same are hereby, annexed and incorporated within the territorial
limits of the City of Palm Beach Gardens pursuant to Article V, Section 3,
paragraph 29 of the Charter of said city, the owners of said lands having
heretofore filed Petitions for and consented to such annexation, to-wit:
PARCEL ONE:
Tho West one-half (W 1/2) of the Northwest Quarter
(NW 1/4) of Section 19, Township 42 South, Range 43
East, subject to the existing right-of-way of Lake
Park West Road, less the following described parcels:
PARCEL #I
That part of:
The West 1/2 of NW 1/4 of Section 19, EXCEPT the North
75 feet thereof, in Township 42 South, Range 43 East,
lying within the following described boundaries, to-wit:
Begin at the Southwest corner of NW 1/4 of said Section
19, thence South 880 09' 37" East 150 feet, thence
North lo 53' 42" East 1442.32 feet, thence North 14O 59'
48" East 1138.58 feet, thence South 88O 01' 16" East 100
feet, thence North lo 58' 44" East 100 feet, thence North
880 01' 16" West 508.24 feet, thence South 10 53' 42''
West 2651.98 feet to the pvint of beginning.
'QRCEL f2
That part of:
The W 1/2 of NW 1/4 of Section 19, EXCEPT the North 75
feet thereof, in Township 42 South, Range 43 East being
more particularly described as follows: Commence at the
Northwest corner of NW 1/4 of Section 19, thence South
88O 01' 16'' East 508.24 feet, thence South 10 58' 44'' West
75 feet to the point of beginning continue, thence South
lo 58' 44'' West 25 feet, thence South 88O01' 16" East
825.50 feet, thence North lo 58' 44'' East 25 feet, thence
North 88O 01 ' 16'' West 825.50 feet to the point of beginning.
db
PARCEL Two
The South 40 feet of the North 1/2 of the
Southeast 1/4, of the Southwest 1/4 of the
Sotithuest 1/4, less the West 20 feet €or
Road Right-of-way, and the South 1/2 of the
Southeast 1/4 of the Southwest 1/4 of the South-
west 1/4, afxjc?tnc%sn2knnnft~~jbfkw less the South
75 feet and less the West 20 feet for Road Right-
of-way, in Section 18, Township 42 South, Range
43 East, Palm Beach County, Florida
Section 2. The Ordinance shall take effect immediately npon the
adoption by the City of Palm Beach Gardens of an Ordinance amending che
Zoning Code and Zoning Nap of the said City to rezone and reclassify the
aforesaid parcels of land, and each of them, from their present Zoning
Classification to Zoning Classification "C-2" COMMERCIAL DISTRICT,and not
ot he mise.
Passed and approved by the Council of the CITY OF PALM BEACH GARDENS,
this the 29th day of November, 1965,
e
2
0 , bbC3 o3
'b
PREPARED BY: Con 10,(1(3 OK 155 EUGENE E. SHUEY, ESQUIRE NfiN 8 w))IKLftCCEKK - QB CWTYi FL
2328 Tenth Avenue North, Suite 300
Lake Worth, FL 33461
MCGEE, JORDAN, SHUEY, GORDON,
MORRIS 6r DONER, P.A.
EASEMENT DE
THIS EASEMENT DEED made and entered into this the /5k
day of 1991, between ANTHONY SCALISI, JR., and
JOSEPH M. einafter referred to as IIGRANTORS" and THE
CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation,
10500 North Military Trail, Palm Beach Gardens, Florida, 33410,
hereinafter referred to as vl~~~~~~~lv.
-
WITNESSETH:
That Grantors for and in consideration of the sum of
TEN ($10.00) DOLLARS in hand paid by the Grantee, the receipt of
which is hereby acknowledged, does hereby grant to the Grantee,
and its successors, a perpetual road easement, which shall permit
the Grantee to enter upon the property herein described at any
time to install, operate, maintain and service road improvements
thereon. The easement hereby granted covers a strip of land
lying, situate and being in Palm Beach County, Florida, and being
more particularly described as follows:
The North twenty (20) feet of a parcel of land
described in Exhibit "A" attached hereto and
made a part hereof.
The Grantee by acceptance of this easement grant shall
maintain same in perpetuity as a road held on behalf of the
public. In the event Grantee, or its successors, shall ever
abandon the real property subject to said easement as a public
road, this easement shall immediately be abandoned, revoked,
cancelled and of no further force and effect.
I IN WITNESS WHEREOF, the Grantors have hereunto set
Jy. i their hands and affixed their seals as of the date first being
.* written.
EPdl M. SCALISI
E
i.
i
A pdrco1 or i@nO lyhv h tho wuthwe8t one-quartor OC 6ertlon 18, ,%wnrhL 42 louth, Rang8 13 ICmt, ?rim Borch County, ?lorAda, morm part iruLy arrcr lbod a0 to1 lour I
lnt of re&orrnco brlng the ~ntrrroctlon at the centorl ' 9" nrr ot ban una (40.00 Loot rlqht-ot-wry, 0aR.B. 2036, %go 3291 Wlth Northlokr boUlOVrtd (aOOa00 toot rlght-ol-ttiy) I khonro W. 01 dogroe# 41' 09" 6 a blrtsncr of 100.00 feet to the northoriy right-ot-woy of mala NorthArWr hulevrrdr thence S BB
degrorr 27' 15" 6 don9 the northerly rlght-of-wry Of $old Northlako Boulrvard, a dtrtonce of 260.00 fret to the oht of beglnnlngr thonoo N 01 do *rat of, 60 nerruteb mt r to, the rasterly rlght-ot-way linr at arid Roan kno, a 271.33 feet to the mouth boundary of *October Pirk*, according to the plat thereat 83 rrcothd In Plat Book 32 at Pa e 24 ot the Public Rrcordi of Palm
louthorly boundary of 'mOctobrr ?rrka r dlrtsnce oC 409.45 to a prtmanont rofrrono monument at the loutherit corner of rrld plat of "actobrr Park", rrld parutanent refersncr monument a180 lying on tho Wmtwly rlght-of-wr Ah of Gunrlre Drlvm (60.00 Coot ripht-of Uhy)r thrncr 4 i; 1 dogrrcr 40' 21' W along the W8rt right-OF-wr tina of ~aib Wnrirr Drive r dlit,rnce ol 55.39. feet to tho Nork K boundary of a parer1 of land conveyed to HcDonrlds corporatlon am rocordad in ~Ctlclrl Rrcordr ~ook 3424, Pa e 122 oE
bring 216.14 frat north OC tho North rfght-oL-wry llne of raid
Notthlakr boulovrrdr thrnco W 81) dogreor 27' IS" W along the North linr of 8rld McDonald# parcel, a dirtance of 2U3.S7 fret to the
21" U along' tho wcrt boundrry of raid Hcbonaldr parcel a distance
thonco N 88 dogtoor 27' 15" W rlong raid northerly right-of-way of Northlrkr Ooulavrrd a dlktrnct of 206.10 feet to tho polnt of
brglnnhg.
43' 09" L rlong 0 llne P 40.00 e0.t
Be4ch County, ?loride, thrncr 1 88 degtacr 29l 17" 16 rlong raid
tho Publlc Rocordm oC Palm Dorth County, Plorldr, cald po P nt elso '
Wart bohdary OL raid ncmnaldr PatCcllJ thence 6 01 degrees 40'
ol 216.1) f@8t to tho North rlght-Of*WAy OI Northlake Boulevard#
Department of Engineering
and Public Mrks
PO. Box 21 229
West Palm Beach. FL 55416- 1229
(561) 684-4000
www.pbcgov.com
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County AdmlnistrrCor
Roben Weisman
"An Equal OpporNnily
A/Iyimon.va Achon RnplOyerr'
September 7,2007
Mr. James Orth, P.E.
Assistant City Engineer
City of Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate Parkway
Palm City, FL 34990
RE: Regions Bank on Northlake
Project #: 070809
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear James:
The Palm Beach County Traffic Division has received and reviewed the traffic study for
the project entitled Regions Bank on Northlake, pursuant to the Traffic performance
Standards in Article 12 of the Palm Beach County Land Development Code. The project
is summarized as follows:
Location:
Municipality:
PCN #:
Existing Uses:
Proposed Plan:
New Daily Trips:
New PH Trips:
Build-out:
3855 Northlake Boulevard, north side of the Boulevard, just east of
Palm Beach Gardens
7,235 SF General Retail -to be demolished.
3,820 SF Bank WDT.
Trip Reduction
21 AM and Trip Reduction PM
201 0
1-95
52-43-42- 1 8-00-000-7400
The Traffic Division has determined that the proposed project meets the Traffic
Performance Standards of Palm Beach County. No building permits are to be issued by
the town, after the build-out date, specified above. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in the Traffic Performance
Standards Ordinance.
If you have any questions regarding this determination, please contact me at 684-4030.
- Traffic Division
MA:sf
cc: Land Design South
File: General - TPS Mun. Traffic Study Review
F:\TRAFFIC\maWdrninWpprovals2007\070809.doc
@ printed on recydedpaper
TO:
cc:
FROM:
SUBJECT:
DATE:
TECHNICAL MEMORANDUM
James Orth, P.E., Assistant City Engineer
City of Palm Beach Gardens
Dan Clark, P.E.,
Mark Fuge
John P. Kim, P.E.,PTOE, Senior Project Manager
Regions Bank at Palm Beach Gardens
McMahon Project No. M06344.12
September 27,2007
McMahon Associates, Inc. (McMahon) has reviewed the traffic study prepared by Land Design
South, dated August 27, 2007. The applicant has addressed all of the previous comments
regarding the traffic study and can be approved for the following:
3,820 square foot drive-in bank with 4 drive-through lanes and one automatic teller lane
that is replacing an existing 7,235 square foot retail building.
The traffic concurrency reservation can be issued on the basis that the project will not have a
signtficant on the major thoroughfare network. The concurrency reservation is valid through
December 31, 2010. The City should venfy that all previous site plan comments were
incorporated into the applicant's revised site plan.
Please contact me with any questions or concerns you may have.
F:\FL\06344M\06344M-12 -Regions Bank at Palm Beach Gardens\Admin\Regions Bank Tech Memo 092707.doc
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ORDINANCE 3,2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REZONING CERTAIN REAL
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
PALM BEACH GARDENS, CONSISTING OF ONE (1) PARCEL OF
REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT
TOTALING 1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON
THE NORTH SIDE OF NORTHLAKE BOULEVARD
ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY
KNOWN AS THE “REGIONS BANK PROPERTY”; PROVIDING
THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE
PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE
CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT
(PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION
PALM BEACH GARDENS BE AMENDED ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
APPROXIMATELY 500 FEET EAST OF 1-95, WITH A STREET
OF CG-1; PROVIDING THAT THE ZONING MAP OF THE CITY OF
WHEREAS, the City received application PPUD-07-08-000016 from Group Force
Northlake, LLC to rezone a 1.54-acre parcel of real property located on Northlake
Boulevard east of 1-95, as more particularly described herein below, to Planned Unit
Development (PUD) Overlay with underlying General Commercial (CG-1 ) zoning
district; and
WHEREAS, the subject site is currently zoned General Commercial (CG-1) and
has a land-use designation of Commercial (C); and
WHEREAS, the subject site was annexed into the City of Palm Beach Gardens
on November 29, 1965, through the adoption of Ordinance J, 1965; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
February 24, 2009, and has recommended approval of the rezoning and major
conditional use with site plan and four (4) waivers to the City Council with a vote of 7-0;
and
Ordinance 3, 201 0
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WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens and Palm Beach County reviewing agencies and
staff: and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large; and
WHEREAS, the City Council has determined that this Ordinance is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
I. The proposed rezoning of Planned Unit Development (PUD) Overlay with
an underlying zoning of General Commercial (CG-1) is consistent with the
future land-use designation of Commercial (C).
2. The proposed rezoning is in harmony with the general purpose and intent of
the Comprehensive Plan and the Land Development Regulations, and is
compatible with the intensity and density of the surrounding, existing, and
future land uses.
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. That certain parcel of real property located within the corporate
limits of the City of Palm Beach Gardens comprised of one (1) platted lot totaling
approximately 1.54 acres, more or less, in size located on the north side of Northlake
Boulevard approximately 500 feet east of 1-95, with a street address of 3855 Northlake
Boulevard, and currently zoned General Commercial (CG-1) according to the City
zoning map is hereby zoned Planned Unit Development (PUD) with an underlying
zoning designation of General Commercial (CG-1) and is legally described as follows:
(See Exhibit “A for Legal Description)
SECTION 3. The City Zoning Map is hereby amended to conform to this
Ordinance, and the City Manager is hereby authorized and directed to make appropriate
changes on the City Zoning Map
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SECTION 4. All Ordinances or parts of Ordinances in conflict be and the same
are hereby repealed.
SECTION 5. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Ordinance 3, 201 0
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PASSED this 21 $day of 3W c/WY , 2010, upon first reading.
PASSED AND ADOPTED this day of ,2010, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
-
David Levy, Vice Mayor
- Eric Jablin, Councilmember
- Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDINANCESL!OI O\Ordinance 3 201 0 - regions bank rezoning.doc
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EXHIBIT “A”
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER OF SECTION 18,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF REFERENCE BEING THE INTERSECTION OF THE
CENTERLINES OF ROAN LANE (40,OO-FOOT RIGHT-OF-WAY, O.R.B. 2036, PAGE
329) WITH NORTHLAKE BOULEVARD (200.00-FOOT RIGHT-OF-WAY); THENCE N.
01’43’09’’ E A DISTANCE OF 100.00 FEET TO THE NORTHERLY RIGHT-OF-WAY
OF SAID NORTHLAKE BOULEVARD; THENCE S 88’27’15” E ALONG THE
OF 260.00 FEET TO THE PONT OF BEGINNING, THENCE N OI”43’09” E ALONG A
LINE 240.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE
FEET TO THE SOUTH BOUNDARY OF “OCTOBER PARK, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGE 24 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 88”29’17” E ALONG
SAID SOUTHERLY BOUNDARY OF “OCTOBER PARK A DISTANCE OF 409.45
FEET TO A PERMANENT REFERENCE MONUMENT AT THE SOUTHEAST
CORNER OF SAID PLAT OF “OCTOBER PARK, SAID PERMANENT REFERENCE
NORTHERLY RIGHT-OF-WAY OF SAID NORTHLAKE BOULEVARD, A DISTANCE
EASTERLY RIGHT-OF-WAY LINE OF SAID ROAN LANE, A DISTANCE OF 271.33
MONUMENT ALSO LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SUNRISE
DRIVE (60.00-FOOT RIGHT-OF-WAY); THENCE S 01 “40’21” W ALONG THE WEST
RIGHT-OF-WAY LINE OF SAID SUNRISE DRIVE A DISTANCE OF 55.39 FEET TO
THE NORTH BOUNDARY OF A PARCEL OF LAND CONVEYED TO MCDONALDS
CORPORATION AS RECORDED IN OFFICIAL RECORDS BOOK 3424, PAGE 522
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT
NORTHLAKE BOULEVARD: THENCE N 88”27’15” W ALONG THE NORTH LINE OF
SAID MCDONALDS PARCEL, A DISTANCE OF 203.57 FEET TO THE WEST
BOUNDARY OF SAID MCDONALDS PARCEL; THENCE S OI”40’21” W ALONG THE
WEST BOUNDARY OF SAID MCDONALDS PARCEL A DISTANCE OF 216.19 FEET
ALSO BEING 216.14 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SAID
TO THE NORTH RIGHT-OF-WAY OF NORTHLAKE BOULEVARD; THENCE N
88”27’15” W ALONG SAID NORTHERLY RIGHT-OF-WAY OF NORTHLAKE
BOULEVARD A DISTANCE OF 206.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 67,082 SQUARE FEET OR 1.54 ACRES, MORE OR LESS.
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RESOLUTION 3,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK
PLANNED UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL
USE, AND SITE PLAN IN ORDER TO ALLOW A 3,820-SQUARE-
FOOT BANK WITH FIVE (5) DRIVE-THRU LANES, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received a request from Group Force Northlake, LLC for
approval of the Regions Bank Planned Unit Development (PUD) and Major Conditional
Use with site plan and five (5) waivers, on Northlake Boulevard, east of 1-95, as more
particularly described herein; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its
February 24, 2009, public hearing and recommended approval of the PUD and Major
Conditional Use and four (4) waivers; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of
the various City of Palm Beach Gardens reviewing agencies and staff; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
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.
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Resolution 3, 2010
SECTION 2. The application is hereby APPROVED for a PUD, Major Conditional
Use, and a site plan in order to allow a 3,820-square-foot bank with five (5) drive-thru
lanes, subject to the conditions of approval contained herein, which are in addition to the
general requirements otherwise provided by resolution for the real property described as
follows:
(See Exhibit “A for Legal Description.)
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
hereby APPROVES the following five (5) waivers:
1. Section 78-345(d)(3), Additional parking spaces greater than ten (70)
percent, to allow for seven (7) additional spaces.
2. Section 78-229, Table 5-6 and Section 78-285, Table 24, One (7) monument
sign per 300 linear feet of street frontage, to allow one (1) monument sign
with 220 square feet of street frontage.
3. Section 78-285, Table 24, Wall signs, to allow one (1) additional wall sign on
the east elevation.
4. Section 78-186(b)(lO)(al), Landscape bufer, to allow the required buffer to
be relocated.
5. Section 78-186(b)(lO)(al), Wall setback from property line, to allow the wall
to be setback two and one-half (2 %) feet from the property line.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of and binding upon the Applicant, its successors, or assigns:
1. Prior to the issuance of the first land alteration permit, the Applicant shall plat
the site to include all existing and proposed easements and like
encumbrances, in accordance with LDR Section 78446 for City Council
approval. (Director of Engineering)
2. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide a cost estimate and
surety in accordance with LDR Sections 78-309 and 78461, and a cost
estimate for on-site project improvements, not including public infrastructure
or landscaping and irrigation costs for review, and approval by the City. The
cost estimates shall be signed and sealed by an engineer and/or a landscape
architect licensed in the State of Florida. (Director of Engineering)
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Resolution 3, 2010
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed/sealed/dated construction plans (paving/grading/drainage and
waterhewer) and all pertinent calculations for review and comment. (Director
of Engineering)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide to the City letters of authorization from the applicable utility
companies allowing landscaping and light poles to be placed within the utility
easements. (Director of Engineering)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a signed and sealed pavement marking and signage plan, or provide
the same on the engineering plans. (Director of Engineering)
Prior to the issuance of the infrastructure permit, the Applicant shall obtain a
Site Lighting permit and provide a signed and sealed Photometric Plan.
(Director of Engineering)
Prior to the commencement of construction, the Applicant shall schedule a
pre-construction meeting with City staff. (Director of Engineering)
Prior to the commencement of construction, the Applicant shall provide all
necessary construction zone signage and fencing as required by the Director
of Engineering. (Director of Engineering)
Prior to the issuance of the Certificate of Completion, the Applicant shall
provide copies of all required FDOT testing for review by the Director of
Engineering. (Director of Engineering)
The Applicant shall provide the Director of Engineering with copies of all
permits, permit applications, and Requests for Additional Information (RAl’s)
to and from regulatory agencies regarding issues on all permit applications,
certifications, and approvals. (Director of Engineering)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant‘s
responsibility to resolve said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. The City may
cease issuing building permits and/or Certificates of Occupancy until all
drainage concerns are resolved. (Director of Engineering)
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Resolution 3, 2010
The Applicant shall comply with all Federal Environmental Protection Agency
and State of Florida Department of Environmental Protection permit
requirements for construction activities. (Director of Engineering)
The Applicant shall notify the City’s Public Works Division at least ten (IO)
working days prior to the commencement of any work/construction activity
within any public right-of-way within the City of Palm Beach Gardens. In the
case of a City right-of-way, the Applicant has at least five (5) working days to
obtain a right-of-way permit. Right-of-way permits may be obtained at the
Building Division. Failure to comply with this condition could result in a Stop
Work Order of all workkonstruction activity within the public right-of-way and
the subject development site. (Public Works)
Prior to the issuance of the Certificate of Occupancy, the Applicant shall
remove all prohibited and invasive non-native plants from the site. (Forestry)
Prior to the issuance of the Certificate of Occupancy, all ground-mounted
equipment including SUA valves, FP&L equipment, telephone or cable boxes,
and generators shall be screened to the satisfaction of the Growth
Management Administrator. (Forestry)
Prior to the issuance of the Certificate of Occupancy, the Applicant,
successors, and assigns shall install the approved road shoulder and median
landscaping and irrigation along Northlake Boulevard from the eastern
property terminus to the western property terminus. (Forestry)
The Applicant, its successors, or assigns shall be responsible for
maintenance of the landscaping and irrigation for both the road shoulder
along Northlake Boulevard, from the eastern property terminus to the western
property terminus and for their fair share of the median, from the eastern
property terminus to the western property terminus. (Forestry)
In order to satisfy the Applicant’s condition of approval regarding the
landscape and irrigation maintenance responsibility for the Northlake
Boulevard median, the Applicant may enter into a separate agreement with
any other entity or entities. (Forestry)
Prior to the issuance of a building permit, the Applicant shall schedule and
attend a pre-permit meeting with City staff. (Planning & Zoning)
The lettering height of the approved second wall sign on the east elevation
shall be limited to twenty-four (24) inches.
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Resolution 3. 2010
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Prior to the issuance of the building permit for vertical construction, a permit
for the required site wall along the northern property line shall be obtained
and construction of the site wall commenced. The site wall shall be
completed prior to the issuance of the Certificate of Occupancy/Certificate of
Completion. (Planning & Zoning)
Prior to the issuance of the Certificate of Occupancy, all rooftop mechanical
equipment shall be screened from view to the satisfaction of the Growth
Management Administrator. (Planning & Zoning)
Construction traffic shall access the site from Sunrise Road. No construction
vehicle access shall be allowed from Northlake Boulevard or from Roan
Lane. (Planning & Zoning)
All on-site lighting shall be cast downward and shielded in order to minimize
spill-over to the adjacent residential properties. (Planning & Zoning)
The Build Out date for this project is December 31, 2010. (Planning &
Zoning)
Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. (Police Department)
Prior to the issuance of the Certificate of Occupancy, all on-site lighting shall
be installed and consist of metal halide or equivalent lighting approved by the
Police Department. (Police Department)
Prior to the issuance of the Certificate of Occupancy, the Applicant shall
provide a timer clock or photocell sensor for all lighting above or near
entryways and adjacent sidewalks. (Police Department)
Prior to issuance of the Certificate of Occupancy, all entry doors (non-glass
single/double) shall be equipped with astragal over the threshold of the
locking mechanism, and case hardened deadbolt locks shall be provided on
all exterior doors with a minimum of one (1) inch throw or mechanical
interlock. Doors secured by electrical operation shall have a key-switched or
single-locking device to open the door when in the lock position. Glass
exterior doors should have a holding force of at least 1,000 pounds. Door
hinges shall employ non-removable hinges, and the main entries to the bank
shall be wired for closed-circuit digital camera surveillance system. (Police
Department)
Prior to the issuance of the Certificate of Occupancy, numerical addresses
shall be placed at the front and rear of the building. (Police Department)
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Resolution 3, 2010
31. Landscaping shall not obstruct the view from windows or walkways. Ground
cover should not exceed twenty-four (24) inches in height and high-branched
trees should be trimmed to seven (7) feet. (Police Department)
32. Lighting locations and building address locations shall not conflict with
landscaping, including long-term tree canopy growth. (Police Department)
SECTION 5. This petition is approved subject to strict compliance with the
Exhibits attached hereto and made a part hereof as follows:
1. Site Plan, Sheet CS, by Interplan, LLC, dated December 21, 2009.
2. Site Plan, Sheet CO, by Interplan, LLC, dated June 12, 2009.
3. Site Plan, Sheet C1, by Interplan, LLC, dated December 4, 2009.
4. Landscape Plan, Sheets L1 and L1.3, by Interplan, LLC, dated June 12,
2009.
5. Landscape Plan, Sheets L1.l and L2, by Interplan, LLC, dated October 15,
2008.
6. Landscape Plan, Sheet L1.2, by Interplan, LLC, dated March 5, 2008.
7. Architectural Plan, Sheet AI by Interplan, LLC, dated June 11, 2007.
8. Architectural Plan, Sheet A3, by Interplan, LLC, dated June 29, 2009.
9. Color Elevations, Sheets 1 and 2, by Interplan, LLC, dated July 1, 2009.
IO. Sign Package, Pages 1 through 6, by The lnsite Group, dated December
17, 2009.
SECTION 6. This approval shall be consistent with all representations made by
the Applicant or the Applicant’s agent at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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Resolution 3, 2010
1
2 PASSED AND ADOPTED this day of , 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
10 ATTEST:
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17 APPROVED AS TO FORM
18 AND LEGAL SUFFICIENCY
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Patricia Snider, CMC, City Clerk
R. Max Lohman, City Attorney
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28 MAYOR RUSSO
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30 VICE MAYOR LEVY
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32 COUNCILMEMBER JABLIN
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34 COUNCILMEMBER BARNETT
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36 COUNCILMEMBER PREMUROSO
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AYE NAY ABSENT
46 47 G:\attorney~share\RESOLUTlONS~OlO\Resolution 3 2010 - regions bank.doc
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EXHIBIT “A”
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER OF SECTION 18,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF REFERENCE BEING THE INTERSECTION OF THE
CENTERLINES OF ROAN LANE (40,OO-FOOT RIGHT-OF-WAY, O.R.B. 2036, PAGE
329) WITH NORTHLAKE BOULEVARD (200.00-FOOT RIGHT-OF-WAY); THENCE N.
01’43’09” E A DISTANCE OF 100.00 FEET TO THE NORTHERLY RIGHT-OF-WAY
OF SAID NORTHLAKE BOULEVARD; THENCE S 88”27’15” E ALONG THE
OF 260.00 FEET TO THE PONT OF BEGINNING, THENCE N OI”43’09” E ALONG A
LINE 240.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE
FEET TO THE SOUTH BOUNDARY OF “OCTOBER PARK, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 32 AT PAGE 24 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE S 88’29’17” E ALONG
SAID SOUTHERLY BOUNDARY OF “OCTOBER PARK” A DISTANCE OF 409.45
FEET TO A PERMANENT REFERENCE MONUMENT AT THE SOUTHEAST
CORNER OF SAID PLAT OF “OCTOBER PARK, SAID PERMANENT REFERENCE
NORTHERLY RIGHT-OF-WAY OF SAID NORTHLAKE BOULEVARD, A DISTANCE
EASTERLY RIGHT-OF-WAY LINE OF SAID ROAN LANE, A DISTANCE OF 271.33
MONUMENT ALSO LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF SUNRISE
DRIVE (60.00-FOOT RIGHT-OF-WAY); THENCE S OI”40’21” W ALONG THE WEST
RIGHT-OF-WAY LINE OF SAID SUNRISE DRIVE A DISTANCE OF 55.39 FEET TO
THE NORTH BOUNDARY OF A PARCEL OF LAND CONVEYED TO MCDONALDS
CORPORATION AS RECORDED IN OFFICIAL RECORDS BOOK 3424, PAGE 522
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT
NORTHLAKE BOULEVARD; THENCE N 88”27’15” W ALONG THE NORTH LINE OF
SAID MCDONALDS PARCEL, A DISTANCE OF 203.57 FEET TO THE WEST
BOUNDARY OF SAID MCDONALDS PARCEL; THENCE S OI”40’21” W ALONG THE
WEST BOUNDARY OF SAID MCDONALDS PARCEL A DISTANCE OF 216.19 FEET
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BOULEVARD A DISTANCE OF 206.10 FEET TO THE POINT OF BEGINNING.
CONTAINING 67,082 SQUARE FEET OR A .54 ACRES, MORE OR LESS.
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Palm Beach Gardens FL
Date: 131 712009
Page 1 of 6
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East Northlake
West Palm Beach, FL Palm Beach Gardens 4
Please review the attached signage packuge and site plan. A#er review, please sign the Site
Plan Authorization sheet and return.
The signage recommendations for the above referenced location are as follows:
Monument Sign: Custom 8’ OAH with 3fi base (35.90 sq f€)
Building Signs: Two (2) 2 1 in White faced, Illuminated Channel Letters (REG-IL2 1 WL-
RM actual letter size 2ft 71/2in H x 15ft 1 1/4in L)
Recessed Sign: One (1) Aluminum atm sign 6” OAH height with 2” white copy e
Commercial Lane: One (1) Aluminum Standard Commercial Lane Sign 6” OAH height
with 2” white copy
Clearance Sign: Four (4) Aluminum Standard Clearance Lane Signs 6” OAH height with Sign NO: 9 - 12
2” white copy
Address Numbers: Standard 12 in Vinyl Address Numbers
Due to porsiblo municipality sign code changos andlor dovelopor restrictions this
recommondation could change at any timo prior to socuring sign installation permits.
Signage identijkation questions may be directed to 250 Riverchase Pkny East
Suite 600 Hoover, AL 35244 Stephanie Padgett
Date: 1211 712009
Page 2 of 6
REG1 io28
WEST PALM BEACH. Fl
A REGION!
rnrnhdbh c*u-- -RYC
Date: 1211 712009
Page 3 of 6
Plot Plan
--. --...... -----.__. ------.-----
--..-..-.-.I___. -----___.-.. ...-....
/ -- ---------- ..--..
--.IIL.
IASite Group
Image
Management
7675 OJI wdor my
(ws) 3426200 Ollia
Kndb, Tmrrur 37831
(805) 538d311 Fa
REG11028
A REGIONS
Supporting Artwork
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atm .I
1 CLEARANCE \ 9'6'' I SIGN NO: 9 - 12
moa c0o-m nn
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moa coo-yp[w nm
Scslr 190
Scala 125
35.90 SqR 8-10 111'
7-14 6 I/a
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MONUMENT SIGN TO BE LANDSCAPED THE GROUND SIGN WILL BE LANDSCAPED PER
SECTION 78-285 NOTE (1) FOUND IN TABLE 24
. f . ,"'
Image Management
REGIONS BANK
la-, 21", 24' d 36"
Mifaced,
illuminated, linear
channel letters
REGILl8WL-RM
REGIL2lWL-RM
REGIL24WL-RM
REGIL36WL-RM
Date: 1211 712009
Page 5 of 6
Supporting Artwork
White Faced, Linear Remote
IirSite Group
Image
Management
REGIONS BANK
REGADDRESS
Date: 1211 712009
Page 6 of 6
Supporting Artwork
SITEADDRESSNUMBERS-WHITE 2 3
ADDRESS VINYL
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 18,2010
Petition: LDRA- 10-0 1-000028
Ordinance 5,2010
SubjedAgenda Item:
Ordinance 5, 2010: Code Amendment to Land Development Regulations Chapter 78,
expanding the definition of medical and dental ofice
Second Reading and Adoption: A City initiated request to amend the Palm Beach Gardens Code
of Ordinances by adopting new subsection 78-159@(47.1) which contains new regulations
peg to medical offices; and amending Chapter 78 -751 to revise and clarify the definitions
of “drugstore or pharmacy”, “office, medical or dental”, and “office, business or professional.”
1 X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Development Compliance
NA Bahareh Wolfs, AICP
Growth Manage
Kara Irwin, AICP Adminishaot k
AICP
Approved By:
CntrManrsa
Growth Managcmenl:
Finance Dept.:
h
I AllanOwens
Administrator
Senior PtannerJ
[ ] Quasi-Judicial
[ X 1 Legislative
[ XI Public Hearing
Advertbed:
Date: 02.03.10
Paper: PB Post
[ X ] Required
Senior Accountant:
,N/A
I TreshaThomas
FeesPaid: [ J Yes
Funding Source:
Budget Acct.#:
NA
[X )Notrequired
I
Council Action:
[ ] Approved w/ con&
[ ] Denied
[ 1 Continued to:-
[ IApprov~
Attachments:
Section 78-75 1,
Definitions of
medical or dental
offlce, pharmacy. and
office professional or
business
Ordinance 5.2010
Meeting Date: February 18,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 2 of 5
EXECUTIVE SUMMARY
The subject request is to amend the Palm Beach Gardens Code of Ordinances by creating new
subsection 78- 159(j)(47.1) which adopts additional regulations pertaining to medical offices, and
amending section 78-751. Definitions. in order to clarify and revise the existing definitions of
“drugstore or pharmacy”, “office, medical or dental”, and “office, business or professional”.
The subject amendment will establish regulations identifying where and under what
circumstances narcotic drugs may be dispensed in order to deter criminal activity, and prevent
the proliferation of illegal drug use and distribution associated with pain management clinics.
BACKGROUND
In October of 2009, the City of Delray Beach amended its LDRs to provide clarification
regarding the dispensing of narcotic drugs and certain definitions contained therein. This
ordinance was adopted by the Delray Beach City Council on October 20,2009.
At the December 8,2009 Palm Beach County Board of County Commissioner’s (BCC) meeting,
the Board voted unanimously to declare Zoning in Progress in order to allow County staff to
amend the Unified Land Development Code (ULDC) to establish regulations for pain
management clinics. This action was taken in an effort to address the proliferation of pain
management clinics in the unincorporated areas of the County.
The BCC is expected to adopt regulations pertaining to pain management clinics in March of
2010. The County’s regulations will only apply to the unincorporated areas of the County and
not to the City of Palm Beach Gardens. Therefore, the City of Palm Beach Gardens has initiated
the subject amendment.
In a letter to the Palm Beach County League of Cities dated December 8, 2009, Commissioner
Burt Aaronson, Commission Chair, urged all municipalities to consider the regulation of pain
management clinics.
On January 25, 2010, the City of West Palm Beach approved a moratorium on first reading
similar to Palm Beach County’s, in order to prevent new pain management clinics from opening
in order to provide West Palm Beach the opportunity to develop and adopt appropriate
regulations . The second reading is scheduled for February 9,2010.
PROPOSED CITY CODE AMENDMENT:
Staff recommends approval of a text amendment to the following Code Sections: (Deletions are
&R&, new language is underlined):
Sec. 78-1 59. Permitted uses, minor and major conditional uses, and prohibited uses.
Meeting Date: February 18,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 3 of 5
(4 - (0 (These subsections shall remain in full force and effect as previously enacted.)
Table 21: Permitted, Conditional, and Prohibited Use Chart. is hereby amended such that “47.1“
shall be added to the “Note” column at “Office, Medical or Dental.”
(i)
“Note” column of Table 2 1.
(1) - (47)
(47.1) Offices, medical or dental. Medical or dental offices shall be sub-iect to the following
regulations:
- a. On-site dispensing of controlled substances that are identified in Schedule 11. 111,
or IV in Sections 893.03, 893.035 or 893.036, Florida Statutes, is strictly prohibited,
unless otherwise expressly permitted by statutory or general law. However, the following
are exempt from this prohibition:
- 1. A health care practitioner when administering a controlled substance directly to a
patient if the amount of the controlled substance is adequate to treat the patient during
that particular treatment session.
- 2. A pharmacist or health care practitioner when administering a controlled
substance to a patient or resident receiving care as a patient at a hospital, nursing home,
ambulatory surgical center, hospice, or intermediate care facility for the developmentally
disabled which is licensed by the state.
- 3. A health care practitioner when administering a controlled substance in the
emergency room of a licensed hospital.
- 4. A health care practitioner when administering or dispensing a controlled
substance to a person under the age of 16.
- 5. A health care practitioner when dispensing a one-time, 72-hour emergency
resupply of a controlled substance to a patient.
Additional Standards. The following standards apply to specific uses as indicated in the
(These subsections shall remain in full force and effect as previously enacted.)
b. Additionally, the health care practitioner responsible for the operation and/or
supervision of any medical or dental office shall execute an affidavit acknowledging the
regulations set forth hereinabove prior to payment of the reauired business tax, and
annually thereafter upon renewal of same prior to the issuance of a business tax receipt.
Failure or refusal to execute the required affidavit shall constitute prima facie evidence
that the sub-iect medical or dental office is operating in violation of the code of
ordinances. which may result in code enforcement action, revocation of business tax
receipt, andor any other actions permitted by law.
(48) - (70) (These subsections shall remain in full force and effect as previously enacted.)
[Note: This section was amended to incorporate additional regulations regarding medical
or dental office uses. The additional standards clarify the types of practitioners and
establishments that may dispense controlled substances within the City’s corporate limits.
Also, it requires the health care practitioner to execute an affidavit acknowledging
..
Meeting Date: February 18,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 4 of 5
compliance with the above regulations prior to the issuance of a business tax receipt.]
Section 78-75 1. Definitions.
Drugstore or pharmacy, general means a retail store which sells or dispenses drugs,
including “controlled substances” as defined in Chapter 893, Florida Statutes, pharmaceuticals,
medical supplies, items for personal hygiene, and a wide variety of convenience or consumer
goods such as beverages, pre-packaged foods, books and magazines, beauty products, tobacco
products, and alcoholic beverages.
Ofice, medical or dental means facility
.. providing health care
services to the public by physicians, dentists, chiropractors. osteopaths, physical therapists,
nurses, acupuncturists, podiatrists, optometrists. psychiatrists, (who are also known as health care
practitioners) or others who are duly licensed to practice their respective medical or dental
profession in the State of Florida, as well as others, including but not limited to technicians and
assistants, who are acting under the supervision and control of a licensed health care
practitioner.
Ofice, business or professional means an establishment providing executive,
management, and professional services to the public, including but not limited to the following:
advertising services, business offices of private companies, business offices of utility companies,
public or nonprofit agencies, trade associations, and employment offices; excluding day labor
and labor pool services; professional or consulting offices for accounting, architecture, computer
technology, design, engineering, landscape architecture, law, urban planning, and similar
professions; property and financial management, real estate; secretarial and telecommunication
services; and travel agencies. This definition does not include offices for the treatment of
animals on the premises nor does it include Medical or Dental Offices.
[Note: This section was amended to repeal the existing definitions of “drugstore or
pharmacy”, “office, medical or dental”, and “office, business or professional”, to clarify the
definitions to be consistent with the additional regulations proposed in new subsection 78-
159Cj)(47.1).]
******
STAFF ANALYSIS
The proposed LDR text amendment provides additional regulations pertaining to medical or
dental office uses within the City. Staff has determined that the City’s Code of Ordinances does
not sufficiently regulate when and where narcotic drugs may be dispensed. Therefore, staff
believes it is in the best interest of the City residents, visitors, and businesses to adopt the subject
Meeting Date: February 18,2010
Petition: LDRA-10-01-000028
Ordinance 5,2010
Page 5 of 5
regulations in order to deter criminal activity, and stop the proliferation of pain management
clinics that have been associated with patterns of illegal drug use in neighboring municipalities
and the unincorporated areas of Palm Beach County.
PLANNING, ZONING AND APPEALS BOARD (PZAB)
On February 9,2010, the Planning, Zoning and Appeals Board (PZAB) recommended approval
of Ordinance 5,2010 by a vote of 7-0.
CITY COUNCIL
On February 4,2010, the City Council voted 5-0 to approve Ordinance 5,2010 on first reading.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 5,2010 on second and final reading.
0 78-751 PALM 3EACH GARDENS CODE
Nonconforming premise means a premise which is nonconforming to the present require-
ments of this chapter due to non-structural site elements, including but not limited to the
following: required parking and loading spaces; required dumpster or other trash receptacle
space; vehicle stacking requirements; required access lanes; required screening, landscaping,
or similar site improvements; pedestrian circulation; signs; site lighting; overlay district
requirements; and required site improvements.
Nonconforming use means a land use which was permitted when established, but does not
conform to the regulations of the zoning district in which it is located.
Nonconformity, dimensional means a lot, premises, structure, or building, or any combina-
tion thereof, which does not comply with one or more of the following: minimum building site
area; minimum lot size; minimum lot width; minimum lot depth; minimum building setback;
maximum lot coverage; maximum floor area ratio; maximum building height; minimum open
space; minimum off-street parking; and any other similar dimensional criteria established by
this chapter.
Nonresidential subdivision means a subdivision whose intended use is other than residen-
tial, such as commercial or industrial.
Notice means notifying the public of the time, date, and location of a public hearing by one
(1) Publication in a newspaper of general circulation;
(2) The provision of required mail notice; or
(3) Posting property with signs provided by the city.
Nursing and convalescent facility means a facility licensed and regulated by the state that
provides lodging and long term skilled nursing care for aged, chronically ill or convalescent
patients, but excluding hospitals, clinics, or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
Office, medical or dental means an establishment offering patients medical services,
examinqtions, and treatments, by professionals trained in healing or health-related practices,
including medial doctors, dentists, chiropractors, osteopaths, chiropodists, naturopaths, op-
tometrists, or any similar profession as is legal in the State of Florida.
Office, business or professional means an establishment providing executive, management,
and professional services to the public, including but not limited to the following: advertising
services, business offices of private companies, business offices of utility companies, public or
nonprofit agencies, trade associations, and employment offices; excluding day labor and labor
pool services; professional or consulting offices for accounting, architecture, computer tech-
or more of the following methods:
Supp. No. 13 CD78:4 12
LAND DEVELOPMENT Q 78-751
tools, paint and hardware items, sporting goods, travel services, optometrist services and
eyeglasses, and other similar goods and services, and where at least four of the following six
conditions are present
Sales are conducted within a single building or accessory structure to a single building;
Floor areas are divided into departments according to category of merchandise being
sold;
(3) Shopping carts are provided for customer use in carrying merchandise in the store;
(4) Merchandise is arranged predominantly in aisles to aid customers' use of shopping
carts;
(5) Customer shopping is self-service (i.e., salespersons are not employed or are limited to
only a few departments such as consumer electronics or jewelry); and
The actual point of sale is via cash registers located at a centralized facility typically
located near the exit doors at the front of the store, where the customer brings
merchandise for the sales transaction.
(1)
(2)
- (6)
Disturbed land means land that no longer supports the assemblage of dominant plant and
animal species characteristic of native Florida ecosystems and if nurtured by man can never
retum to a habitat.
Dock, private means an accessory structure built on or over the water which is deaigned or
"used to provide anchorage for an access to one or more boats for private use and owned by the
property to which the dock is accessory. A private dock may be provided with electrical, water,
sewer, and related utilities.
Drip line means a vertical line extending from the outermost branches of a tree to the
ground.
Drive-in f.ciZity means any use which by design, physical facilities, service, or procedure
encourages or permits customers to receive services or obtain go& while remaining in their
vehicles. "his term includes drive-through and driveup facilities.
Drugstore or pharmacy, general means a retail store which sells or dispenses drugs,
pharmaceuticaIs, medical supplies, items for personal hygiene, and a wide variety of
convenience or consumer goods such as beverages, prepackaged foods, books and magazines,
beauty products, tobacco products, and alcoholic beverages.
Drugstore or pharmacy, limited means a pharmacy which is limited to the sale of drugs,
pharmaceuticals, and medical supplies.
Dry cleaning means a professional dry cleaning or laundry establishment serving individual
or commercial customers.
Dumpster means a rehse, debris, trash recycling, or garbage container which is constructed
so that such can be mechanically lifted from its stationary location and placed on a trash or
refbe collection vehicle or emptied into an appropriate container.
Supp. No. 10 CD78:397
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ORDINANCE 5,2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
159(j)(47.1) AND BY AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO
ADOPT REGULATIONS PERTAINING TO MEDICAL OFFICES;
DEFINITIONS. BY REPEALING THE DEFINITIONS OF
“DRUGSTORE OR PHARMACY”, “OFFICE, MEDICAL OR
DENTAL”, AND “OFFICE, BUSINESS OR PROFESSIONAL” AND
READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND
CLARIFY SUCH DEFINITIONS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-
FURTHER AMENDING CHAPTER 78 AT SECTION 78-751.
WHEREAS, the City Council of the City of Palm Beach Gardens has determined
that in the absence of regulations identifying where narcotic drugs may be dispensed,
the City’s residents, visitors, and businesses are more vulnerable to criminal actions,
despite the provision of law enforcement services; and
WHEREAS, the City Council finds that the illegal sale, use, and delivery of
controlled substances is a threat to the health, safety, and welfare of the residents of the
City; and
WHEREAS, the City Council has recently been made aware by law enforcement
and news reports that a pattern of illegal drug use and distribution has been associated
with pain management clinics in neighboring municipalities, which dispense narcotic
drugs on site; and
WHEREAS, the City Council has determined that a need exists to adopt
regulations that identify where narcotic drugs may be dispensed in order to deter
criminal activity and promote the public health, safety, and welfare; and
WHEREAS, it is not the intent of this Ordinance to interfere with the legitimate
medical use of controlled substances, but rather to prohibit the dispensing of narcotic
drugs on site at medical offices, to the extent permitted by law; and
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Ordinance 5, 2010
WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
Board, sitting as the Local Planning Agency, at a public hearing on February 9, 2010,
and the Board recommended approval by a vote of 7 to 0; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended by adopting new subsection
78-1 59(j)(47.1) and annotating Table 21 : Permitted, Conditional and Prohibited Use
Chart at “Office, medical or dental’’ by adding “Note” 47.1 in order to adopt regulations
regarding the locations and circumstances under which narcotic drugs may be
dispensed; providing that Section 78-1 59 shall hereafter read as follows:
Sec. 78-159. Permitted uses, minor and major conditional uses, and prohibited uses.
(a) - 0) (These subsections shall remain in full force and effect as previously
enacted.)
Table 21: Permitted, Conditional, and Prohibited Use Chart. is hereby amended such
that “47.” shall be added to the “Note” column at “Office, Medical or Dental.”
(j) Additional Standards. The following standards apply to specific uses as
indicated in the “Note” column of Table 21.
(1) - (47) (These subsections shall remain in full force and effect as previously
enacted.)
l47.1) Office, medical or dental.
following regulations:
Medical or dental offices shall be subiect to the
a. On-site dispensing of controlled substances that are identified in
Schedules II. 111, or IV in Sections 893.03, 893.035, or 893.0356, Florida Sfafufes,
is strictly prohibited, unless otherwise exwessly permitted by statutorv or general
law. However, the following are exempt from this prohibition:
- 1. A health care practitioner when administering a controlled
substance directly to a patient if the amount of the controlled substance is
adequate to treat the patient durinq that particular treatment session.
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- 2. A pharmacist or health care practitioner when administering a
controlled substance to a patient or resident receivinq care as a patient at
a hospital, nursing home, ambulatorv surgical center, hospice, or
intermediate care facilitv for the developmentallv disabled which is
licensed bv the state.
- 3. A health care practitioner when administering a controlled
substance in the emerqencv room of a licensed hospital.
&. A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16.
- 5. ernergencv resupplv of a controlled substance to a patient.
A health care practitioner when dispensing a one-time, 72-hour
b. Additionallv, the health care practitioner responsible for the operation
and/or supervision of any medical or dental office shall execute an affidavit
acknowledainn the regulations set forth hereinabove prior to pavment of the
required business tax, and annually thereafter upon renewal of same prior to the
issuance of a business tax receipt. Failure or refusal to execute the required
affidavit shall constitute prima facie evidence that the subiect medical or dental
ofice is operating in violation of the code of ordinances, which may result in code
enforcement action, revocation of business tax receipt, and/or anv other actions
permitted bv law.
(48) - (70) (These subsections shall remain in full force and effect as previously
enacted .)
SECTION 2. Chapter 78, Land Development of the Code of Ordinances of the
City of Palm Beach Gardens, Florida is hereby amended at Section 78-751.
“Definitions.” by repealing the definitions for the terms “Drugstore or pharmacy”, “Office,
medical or dental”, and “Office, business or professional” and readopting same as
revised, providing that each of which shall be placed in alphabetical order in the list of
definitions; providing that “Drugstore or pharmacy”, “Office, medical or dental”, and
“Office, business or professional” shall hereafter be defined and read as follows:
Drugstore or pharmacy, general means a retail store which sells or dispenses
drugs, including “controlled substances” as defined in Chapter 893, Florida Statutes,
pharmaceuticals, medical supplies, items for personal hygiene, and a wide variety of
convenience or consumer goods such as beverages, pre-packaged foods, books and
magazines, beauty products, tobacco products, and alcoholic beverages.
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Office, medical or dental means a- facility
.. 4
chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists,
optometrists, psvchiatrists (who are also known as health care practitioners), or others
who are duly licensed to practice their respective medical or dental profession in the
State of Florida, as well as others, includina, but not limited to, technicians and
assistants who are acting under the supervision and control of a licensed health care
practitioner.
Office, business or professional means an establishment providing executive,
management, and professional services to the public, including, but not limited to, the
following: advertising services, business offices of private companies, business offices
of utility companies, public or nonprofit agencies, trade associations, and employment
offices; excluding day labor and labor pool services; professional or consulting offices
for accounting, architecture, computer technology, design, engineering, landscape
architecture, law, urban planning, and similar professions; property and financial
management, real estate; secretarial and telecommunication services; and travel
agencies. This definition does not include offices for the treatment of animals on the
premises nor does it include Medical or Dental Offices.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 5. Specific authority is hereby given to codify this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
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46 47
PASSED this 7 day of fL73LUWY , 2010, upon first reading.
PASSED AND ADOPTED this day of , 2010, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
David Levy, Vice Mayor
Eric Jablin, Councilmember
Jody Bamett, Councilmember
Robert G. Premuroso, Councilmember-
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR AGAINST ABSENT
BY:
R. Max Lohman, City Attorney
GAattorney-share\ORDINANCESUOl O\Ordinance 5 201 0 - Pain Clinics-Chapter 78.doc
5
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VL
MI.
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CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 18,2010
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. HONDA CLASSIC DELEGATION OF ECONOMIC IMPACT.
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT
COMMENTS FROM TEE PUBLIC: mor Items Not on tbe APenda, Dlease submit
reauest form to tbe Citv Clerk Drior to this Item)
CONSENT AGENDA:
a. lYape 4) APPROVE MINUTES FROM JANUARY 14,2010 CITY COUNCIL MEETING.
b.
C.
d.
JPape 8) APPROVE MINUTES FROM JANUARY 21,2010 CITY COUNCIL MEETING.
[Staff Report on Paee 12, Resolution on Paee 15) RESOLUTION 5, 2010 -
AGREEMENT WITH THE CHILDREN'S HEALTHCARE CHARITY, INC. FOR THE
2010 HONDA CLASSIC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE
CHILDREN'S HEALTHCARE CHARITY, INC. FOR THE 2010 HONDA CLASSIC PGA
GOLF TOURNAMENT TO PROVfDE TEMPORARY VOLUNTEER PARKING, A
EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
1Staff Report on Page 29, Resolution on Page 3 I) RESOLUTION 7,2010 -APPOINT
THE SUPERVISOR OF ELECTIONS AS AN ADDITIONAL MEMBER TO THE CITY'S
CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
ELECTIONS, OR HER DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF
PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE
SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE
BALLOTS; TO CANVASS THE MUNICIPAL ELECTION; AND TO CONDUCT THE
LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY;
AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE
PURPOSE OF CONDUCTING THE MUNICIPAL ELECTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND
e. [Page 33) PROCLAMATION - FLORIDA SURVEYORS 8 MAPPERS WEEK.
f. [Pape 34) PROCLAMATION - HONDA CLASSIC CHAMPION - Y.E. YANG DAY
M. PUBLIC HEARINGS: (* hienates our~i-~t~iii~
WStaff Report on Page 35, Ordinance on Page 43) ORDINANCE 2, 2010 - (2ND
READING AND ADOPTION) POLICE OFFICERS RETIREMENT TRUST FUND. AN
ORDINANCE OF THE CITY' COUNCIL OF THE cfly OF PALM BEACH GARDENS,
FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CITY OF PALM EACH
RDENS CODE OF ORDINANCES AT SECTION 5081. DEFINITIONS. BY
THE DEFINITIONS OF "CREDITED SERVICE", "POLICE OFFICER",
ND "SALARY AND REAooPnNG SAME, AS REVISED; FURTHER AMENDING
CHAPTER 50 BY REPEALING SECTIONS 5og2,50-90,50.124 AND 50-127 AN
50-118(D), 50-120@) AND 5&152(D) IN ORDER
DOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE AND RELIEF
2008 INTO THE POUCE PENSION TRUST FUND REGULATIONS AND
WH CHAPTER 185, FLORlDA STATUTES; PROVIDING
HAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50.
W'4 FUU FORCE AND EFFECT AS PREVIOUSLY
CONFLICTS CLAUSE, A SRlERABlLlTY CLAUSE, AND
PROVlwffi AN EFFECTIVE DATE; lafin rnD
*(Staff Report on Page 56, Ordinance on Pape 77, Resolution on Page 82)
ORMNANCE 3,20m - (p READING AND ADOPTION) REGIONS BANK PLANNED
UNIT DEVELOPMENT MAJOR CONDITIONAL USE WITH SITE PLAN.
REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE
LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1)
PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLATTED LOT TOTALING
1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE NORTH SIDE OF
BOULEVARD APPROXIMATELY 500 FEET EAST OF 1-95, WITH A
TREET ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY KNOWN
S THE 'REGIONS BANK PROPERTY"; PROVIDING THAT THIS PARCEL OF REAL
IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE
SSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT
(PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF CG-1;
PROVlOlNG THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS
BE AMEN CLAUSE AND Am
SEVERABl 2ND FOR-QTUeb
DI IRDO,CFSI
RESOLU"I0N 3,2010 Is A COMPANION ITEM TO ORDINANCE 3,2010
AND WILL REQUIRE COUNCIL ACTION.
RDINANCE OF THE CITY coumi OF THE CITY OFPAW BEACH GARDE
Kt 201U - REGIONS RANK PLANNED UNIT DEVELOPMENT MAJOR
CC..Y.. ,SE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK PLANNEC
UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL USE, AND SITE PLAN IN
LANES AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
PROVIDING CONDITIONS OF APPROVAL; PROVIDIl+& AN ecccpri\'e na TE*
ORDER TO ALLW A 3,820-SQUARE-FOOT BANK WTH FIVE (5) DRIVE-THRU
ANI3 FOR OTHFR PI JRPOSF
C.
OFTHE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78.
LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-159(5)(47.1) AND BY
AMENDING TABLE 21: PERMITTED, CONDEIONAL AND PROHIBITED USE
CHART IN ORDER TO ADOPT REGUIATONS PERTAINING TO MEDICAL
OFFICES; FURTHER AMENDING CHAPTER 78 AT SECTilON 78-751. DEFINITIONS.
BY REPEALING T54f EfzIJITK)NS OF 80RUGSTWtE OR PHARMACY", "OFFICE,
MEDICAL OR DENTAL", AND 'OFFICE, BUSINESS OR PROFESSIONAL" AND
REAOOPflffi SAW, AS REVISED, IN ORDER TO REVISE AND CLARIFY SUCH
DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUECl'lON OF CHAPTER 78. LAND DNuopMuIsT: SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOFIED; PROVIDING A CONFLICTS
CLAUSE, A SEV€RABILTp( CLAUSE, AND AUTHORITYTO CODIW, PROVlDlNGm
2 AN EFFECTIVE DATE; AND FOR OTHER PURP0SES.I
X. RESOLUTIONS:
XL ITEMS FOR COUNCIL ACTIONLDISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NO77CE AND BE ADVISED tlrat if any intwwted party wishes to appeal any
decision made by the Cify Council with respect to any maUw considefed at this public
hearing, such intetested persons will need a mcd of the pmceedings and may need to
ensure that a verlmtim mcorvj is msde, includpng the testimony end evidence upon which the
appeal is to be hd.
In acco&nce with the Americans with D&aMtitks Act and Section 286.26, Florida Statutes,
persons with disabilities needing special @ccomnmMom in order to participate in this
proceeding am entMed to the provision ofcertsin mnce at no cost Please call the City
Clerk's Office at 561-799-4122 no &ter than 5 &ys pkw to Lhe hdng if this assistance is
mquimd. For hearing impaireCr 8ssbWance, phwse call the Hod& Rday Service Numbers:
8001955-8771 VDD) or 800-955-8770 (VOICQ).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
3
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
February 18,2010
7:OO P.M.
Mayor Russo
Vice Mayor Levy
Council Member Jablin
Council Member Barnett
Council Member Premuroso
I. y PLEDGE OF ALLEGIANCE
11. vROLLCALL
111. - ADDITIONS, DELETIONS, MODIFICATIONS:
IV /ANNOUNCEMENTS / PRESENTATIONS:
a. HONDA CLASSIC DELEGATION OF ECONOMIC IMPACT.
v. /ITEMS OF RESIDENT INTEREST AND BOARDICOMMITTEE REPORTS:
VI. - CITY MANAGER REPORT:
VII.dOMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit
reauest form to the Citv Clerk prior to this Item)
VIII. ~ONSENT AGENDA:
a.
b.
@aEe4)APPROVE MINUTES FROM JANUARY 14,2010 CITY COUNCIL MEETING.
pane 8APPROVE MINUTES FROM JANUARY 21,2010 CITY COUNCIL MEETING. (‘0
C. {Staff Report on Pane 12, Resolution on Page 15) RESOLUTION 5, 2010 -
AGREEMENT WITH THE CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE
2010 HONDA CLASSIC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE
CHILDREN’S HEALTHCARE CHARITY, INC. FOR THE 2010 HONDA CLASSIC PGA
GOLF TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A
EXCLUSIVE USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
PUBLIC SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND
d. fitaff Report on Pane 29. Resdution on PaEe 31) RESOLUTION 7,201 0 - APPOINT
THE SUPERVISOR OF ELECTIONS AS AN ADDITIONAL MEMBER TO THE CITY’S
CANVASSING BOARD. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPOINTING THE SUPERVISOR OF
ELECTIONS, OR HER DESIGNEE, AS AN ADDITIONAL MEMBER OF THE CITY OF
PALM BEACH GARDENS CANVASSING BOARD; REQUESTING THE
SUPERVISOR OF ELECTIONS, OR DESIGNEE, TO CANVASS ALL ABSENTEE
BALLOTS; TO CANVASS THE MUNICIPAL ELECTION; AND TO CONDUCT THE
LOGIC AND ACCURACY TESTING FOR ALL ELECTION MACHINERY;
AUTHORIZING THE CITY CLERK TO APPOINT ELECTION OFFICIALS FOR THE
PURPOSE OF CONDUCTING THE MUNICIPAL ELECTION; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
?
$
e. pane 33) PROCLAMATION - FLORIDA SURVEYORS & MAPPERS WEEK.
f. pane 34) PROCLAMATION - HONDA CLASSIC CHAMPION - Y.E. YANG DAY
Ix. PUBLICHEARIN GS: (* Desimates Quasi-Judicial Hearing)
a. /@taff ReDort on Pape 35, Ordinance on Page 43) ORDINANCE 2, 2010 - (2ND
READING AND ADOPTION) POLICE OFFICERS, RETIREMENT TRUST FUND. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA AMENDING CHAPTER 50. POLICE. OF THE CITY OF PALM BEACH
REPEALING THE DEFINITIONS OF "CREDITED SERVICE", "POLICE OFFICER",
AND "SALARY" AND READOPTING SAME, AS REVISED; FURTHER AMENDING
GARDENS CODE OF ORDINANCES AT SECTION 50-61. DEFINITIONS. BY sHo CHAPTER 50 BY REPEALING SECTIONS 50-82, 50-90, 50-124 AND 50-127 AND
SUBSECTIONS 50-114(E), 50-1 18(D), 50-120(6) AND 50-152(D) IN ORDER TO
ADOPT PROVISIONS OF THE HEROES EARNINGS ASSISTANCE AND RELIEF
TAX ACT OF 2008 INTO THE POLICE PENSION TRUST FUND REGULATIONS AND
FOR CONSISTENCY WITH CHAPTER 185, FLORIDA STATUTES; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 50.
POLICE. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
b. J*Pb ff Rema on Pane 56. 0 rdinmce on Paste 77. Resolut~ *QII Pam 82)
ORDINANCE 3,2010 - (2ST READING AND ADOPTION) REGIONS BANK PLANNED
UNIT DEVELOPMENT MAJOR CONDITIONAL USE WITH SITE PLAN. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE CORPORATE
LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF ONE (1)
PARCEL OF REAL PROPERTY COMPRISED OF ONE (1) PLAITED LOT TOTALING
1.54 ACRES, MORE OR LESS, IN SIZE LOCATED ON THE NORTH SIDE OF
STREET ADDRESS OF 3855 NORTHLAKE BOULEVARD, INFORMALLY KNOWN
AS THE "REGIONS BANK PROPERTY"; PROVIDING THAT THIS PARCEL OF REAL
PROPERTY WHICH IS MORE PARTICULARLY DESCRIBED HEREIN SHALL BE
ASSIGNED THE CITY ZONING DESIGNATION OF PLANNED UNIT DEVELOPMENT
PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS
BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
54
NORTHLAKE BOULEVARD APPROXIMATELY 500 FEET EAST OF 1-95, WITH A
(PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF CG-1;
RESOLUTION 3,2010 IS A COMPANION ITEM TO ORDINANCE 3,2010
AND WILL REQUIRE COUNCIL ACTION.
i ti RESOLUTION 3,2010 - REGIONS BANK PLANNED UNIT DEVELOPMENT MAJOR
CONDITIONAL USE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING THE REGIONS BANK PLANNED
UNIT DEVELOPMENT (PUD), MAJOR CONDITIONAL USE, AND SITE PLAN IN
LANES AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS;
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
ORDER TO ALLOW A 3,820-SQUARE-FOOT BANK WITH FIVE (5) DRIVE-THRU
C. <Sa€€ Report on Pam 108,Otdia ante on Page 115) ORDINANCE 5, 2010 - (2ND
READING AND ADOPTION) PAIN CLINIC. AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78.
AMENDING TABLE 21 : PERMITTED, CONDITIONAL AND PROHIBITED USE
CHART IN ORDER TO ADOPT REGULATIONS PERTAINING TO MEDICAL
BY REPEALING THE DEFINITIONS OF "DRUGSTORE OR PHARMACY", "OFFICE,
MEDICAL OR DENTAL", AND "OFFICE, BUSINESS OR PROFESSIONAL" AND
READOPTING SAME, AS REVISED, IN ORDER TO REVISE AND CLARIFY SUCH
DEFINITIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
F LAND DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-1 59(J)(47.1) AND BY
OFFICES; FURTHER AMENDING CHAPTER 78 AT SECTION 78-751. DEFINITIONS.
gd
X. RESOLUTIONS:
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested patty wishes to appeal any
decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon which the
appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the Cify
Clerk's Office at 567-799-4722 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8777 (TDO) or 800-955-8770 (VOICE).
NOTE: -
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: ” G-- Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Cauncil Please Print , -a Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
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READ AT THE CITY COUNCIL MEETING OF FEBRUARY 18, 2010
As per Resolution 54,2009 dated June 04,2009 requesting assistance from Governor
Crist and FDOT Secretary Kopelousos on components for the FEC corridor, it seems that
there is no City record indicating that such request was sent to both parties.
I believe the residents of Palm Beach Gardens should be able to know about the
components the City is asking for the FEC corridor. Why pass a resolution if it is not
going to be implanted !.
According to the City Attorney's letter dated February 08,2006 the City Council
promised to pursue for a Quiet Zone in the City. Because Emergency Order Nr: 15 was
rescinded by FRA on November 09,2009 it is now possible to apply for a Quiet Zone in
Palm Beach Gardens. As far as I know the City has yet to ask FEC for a Quiet Zone
Signal study without horn for the six railroad crossings in the City. Is the Quiet Zone in
Palm Beach Gardens planned for this year's budget?
Hoping I will get an answer from the City Manager
Roger Blangy
1 1658 Hemlock Street
Palm Beach Gardens
F133410
PUSLIC HEARINGS: 02 /18/2010
i 1 I
I I ASSiStAlYCiEAND R
-1 FUND REGULATIONS
I AND FOR CHAFTER 185,
I htiolRkw\S THAT EACH AND
1
E CITY COUNCIL OF
I Tide Read:
ACWRDINGLY; PROVlDlN A CONFLICTS CLAUSE
EFFEcTR/E DATE; AND FOR OTHER PURPOSES.
AND A sOlERABlUfY C lA USE; PROVIDING AN
REsoflifIloN 3, Mi0 Is A COMPANION lTEM
3,2010AND WlLLREQWRE
COUNCIL ACTION.
ENT MAJC$R CONDITIONAL USE. A
RESOL- OF THE CrrY COUNCIL OF THE CITY
OF: PALM BEACH GARDEN6, FLORIDA APPROVING
THE REGIONS BANK PLANNED UNIT DEVELOPMENT
(PUD), MAJOR CON-L USE, AND SITE PIAN
PARTICULARLY DESCRIW HEREIN; PROVIDING
WAIVERS; PRovlolNG C0)sDITK)NS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
2010 - REGIONS BANK PLANNED
IN ORDER TO AUW A 3,620-SQUARE-FOOT BANK
wTi).l FIVE (5) DRIVE-THRU LANES AS MORE
I
~
I ADOPTION) PAIN CLINIC. AN'ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENQING CHAPTER 78. LAND
DEvuOpMENT. BY ADOPI1NG NEW SUBSECTION
7&159(5)(47.1) AND BY AMENDING TABLE 21:
PERMI?ED, CONDlTK)NAL AND PROHIBITED USE
CHART IN ORDER TO ADOPT REGULATIONS
PERTAINING TO MERICAL OFFICES; FURTHER
AMENDING CHAFER 78 AT SECTION 78-751.
DEFINITIONS. BY REPEALING THE DEFINITIONS OF
'MIuosToRE OR PHARMCICY", "OFFICE, MEDICAL
OR DENTAL-, AND "OFFICE, BUSINESS OR
PROFESSIONALm AND READOPTING SAME, AS
REVISED, IN ORDER TO RBVlSE AND CLARIFY SUCH
D€FINI"S; PROVIDING THAT EACH AND EVERY
OTHER SECTON AND SUBSECTION OF CHAPTER
78. LAND DEVELOPMENT. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROMDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE, AND AUTHORITY" TO CODIFY; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, with 127 courses, three golf resorts, and championship golf events,
golf in Palm Beach County has done more than coin the phrase "Golf Capitol of
the World"; and
WHEREAS, it is a significant industry contributing to the vitality of the county's
economy; and
WHEREAS, Palm Beach County's golf industry generates a total economic
impact of $1.8 billion, supporting nearly 21,000 jobs with $0.6 billion of wage
income; and
WHEREAS, as defending Champion of The PGA Championship, Y.E. Yang,
elevates golf on an international stage as the first Asian born major championship
winner; and
WHEREAS, as defending Champion of the Honda Classic, Y.E. Yang's
participation will bring priceless exposure to Palm Beach County-from the
visitors that attend the tournament from all over the world to the millions that
watch the broadcast in 221 countries and 35languages; and
NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me
as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim
March 2, 2010:
Y.E. YANG DAY
and celebrates the local and global impact of golf.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the City of Palm Beach
Gardens, Florida, to be affixed th ·s 1 tfh of
February in the Year Two Th nd