HomeMy WebLinkAboutAgenda Council Agenda 031600City o.f Palm Beach Gardens
Council Agenda
March 16, 2000
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Furtado
Council Member Clark
Council Member Jablin
Council Member Sabatello
All those wishing to address the City Council need to complete the necessary form (supply located in back
of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
MARCH 16, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin
Councilman David Clark and Councilman Carl Sabatello.
III. REORGANIZATION:
1. Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor
2. Appointment of Mayor and Vice Mayor
3. Appointment of a Chairman Pro -Tem in Absence of Both the Mayor and Vice Mayor.
4. Resolution 22, 2000 - Consideration of Approval to Appoint a Mayor and Vice Mayor.
5. Appointment of Council Liaisons to Advisory Boards /Committees /Organizations.
IV. PRESENTATIONS:
1. Swearing In of 3 New Police Officers: Monica Miller, Andrea Vannatta and Josette Mathis.
V. CITY MANAGER REPORT:
1. Construction Manager Report
2. Census Update
3. Transportation Study
4. Municipal Complex Landscaping
5. Proposed Development Order Conditions for Drainage
VI. AWARDING OF BIDS:
1. Awarding of Bid for Purchase of Two Motorcycles
2. Awarding of Bid for Rotary Deck Mower
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request
card to Clerk prior to this Item)
VIII. CONSENT AGENDA:
1. Approval of Minutes from 3/2/00 City Council Regular Meeting
2. Resolution 23, 2000 - Consideration of Approval of Gardens Presbyterian Church Plat.
IX. PUBLIC HEARINGS:
1. Ordinance 4, 2000 - San Michele, Parcel 4.08 (Public Hearing, adv. 2/17/00; Continued from
the 3/2/00 Regular Meeting; Consideration of Second Reading and Adoption)
2. Ordinance 5, 2000 - Providing for Approval For An Amendment and Expansion of a
Previously Approved PUD known as Marina Gardens (Lot 8) (Consideration of First
Reading)
3. Ordinance 6, 2000 - Gardens Corporate Center Phase 2 (Public Hearing, adv. 2/17/00;
Continued from the 3/2/00 Regular Meeting; Consideration of Second Reading and
Adoption)
4. Ordinance 9, 2000 - Providing for Amendment to the Code of Ordinances to Provide for Term
Limits for Planning and Zoning Commission Members. (Consideration of First Reading)
X. RESOLUTIONS:
1. Resolution 10, 2000 - Consideration of Approval of Appointments to the Charter Review
Committee.
2. Resolution 20, 2000 - Consideration of Approval of a Waiver from Residential Component -
Comprehensive Plan Mixed Use Criteria: Parcel 513.
3. Resolution 21, 2000 - Consideration of Approval of a Site Plan for NorthCorp Lot 12, South
Park Center Delicatessen.
XI. ORDINANCES: (For Consideration of First Reading)
1. Ordinance 11, 2000 - Providing for an Amendment to the Firefighters Retirement Pension
Fund. (Consideration of First Reading)
XII. ITEMS FOR COUNCIL ACTION:
XIII. ITEMS FOR DISCUSSION:
1. City Manager Goals and Objectives
XIV. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XV. CITY ATTORNEY REPORT
XVI. ADJOURNMENT.
In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities
needing special accommodations to participate in this proceeding should contact Human Resources, no later
than 5 days prior to the proceeding at telephone number (561) 775 -8250 for assistance; if hearing impaired,
telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for
assistance. If a person decides to appeal any decision made by the Council, with respect to any matter
considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
. CITY MANAGER'S OFFICE
INTEROFFICE
MEMORANDUM
TO: Mayor and City Council
FROM: Nabar Enrique Martinez, City Manager
SUBJECT: Information Items for Regular City Council Meeting of 3/16/00
DATE: 3/13/00
City Council Agenda:
VI. AWARDING OF BIDS:
1. Awarding of Bid for Purchase of Two Motorcycles.
Two bids were received from a Request for Proposals for the purchase of two motorcycles. The
lowest bid for the two police motorcycles was received from Ft. Lauderdale Harley- Davidson,
Inc. for $26,900.00. Public Works has budgeted $30,000.00 in the Vehicle Replacement Account
for these two motorcycles. Staff is recommending a motion to award the bid for two police
motorcycles to Ft. Lauderdale Harley- Davidson, Inc.
RECOMMENDATION: Consider a motion to award the bid for the purchase of two police
motorcycles to Ft. Lauderdale Harley- Davidson, Inc. in the amount of $26,900.00.
2. Awarding of Bid Purchase of a New 72" Ransome Rotary Deck Mower for the Golf
Course.
In the 1999/2000 Fiscal Year Budget, $35,000 was allocated for the purchase or replacement of
golf course equipment. Meadowbrook Golf Group, Inc. has determined that a new rough mower
is needed to keep the course in proper condition. Meadowbrook Golf Group, Inc., recommends
that the City piggyback the State of Florida's Department of Management Contract #515- 630 -00-
1, awarded to Tresca Industries, Inc., of Orlando, Florida, for the purchase of a new Ransome 728
Mower, with a 72" mulching rotary deck, counter weights, and a deluxe seat, from Kilpatrick Turf
Equipment of Boynton Beach (local Ransomes distributor) in the amount of $17,037.00.
•
RECOMMENDATION: Consider a motion to award the bid for a new Ransomes 728
Mower to Kilpatrick Turf Equipment in the amount of $17,037 and authorize the City
Manager to execute the contract for same.
VIII. CONSENT AGENDA
2. Resolution 23, 2000 - Consideration of Approval of Gardens Presbyterian Church Plat.
The City Engineer has reviewed and approved the Plat of Gardens Presbyterian Church for
recording. The approval letter from the City Engineer is included in your packet.
RECOMMENDATION: Consider a motion to approve the Consent Agenda.
IX. PUBLIC HEARINGS:
1. Ordinance 4, 2000 - Providing for Approval of a PUD for the construction of 91 single-
family homes (San Michele - Parcel 4.08)
This request is for approval of a single - family custom home development located at the northwest
corner of the intersection of Central Boulevard and Hood Road for 91 single family homes, along
with a 3,000 square foot clubhouse. The applicant submitted revised plans and a narrative letter
detailing how Staff's original comments and concerns were addressed. City Council reviewed
this petition as a first reading on 2/3/00. Council stated that they did not want a public hearing
held for this petition until a drainage workshop could be held. Council also stated that the
applicant would need to address: 1) Provisions for parking near the buss pull -off so that parents
could wait and watch their children at the bus stop until the school bus arrived to pick them up;
and 2) Determine whether the lake maintenance easement needed to be commonly owned. The
applicant has responded by lengthening the bus pull -off by 100 feet to provide room for
approximately 5 cars, as well as the school bus. The applicant has also revised the plans by
changing the individually owned 32 -foot lake maintenance easement to a 20 foot easement that is
commonly owned. A workshop on drainage, lake maintenance easements, and school bus issues
was held on 2/17/00. City Council held a public hearing for this petition at their 3/2/00 meeting
where the Council continued their discussion regarding the drainage for this project. The City
Engineer suggested a condition of approval, but this condition was not acceptable to the
applicant. Council agreed to continue the public hearing in 2 weeks and told the applicant to
meet with staff to further discuss the drainage concerns. City Council also raised several other
site plan related issues, which the applicant has addressed and are included in the staff report. As
a result of expressed concerns, staff has added a condition of approval, as well as a condition of
approval from the City Engineer regarding drainage. The issue of the FPL right -of -way /easement
along the western boundary of the site has not yet been resolved.
RECOMMENDATION: Consider a motion to approve Ordinance 4, 2000, on second and
final reading, by title only.
2. Ordinance 5, 2000 - Providing for Approval for an Amendment and Expansion of a
Previously Approved PUD known as Marina Gardens (Lot 8).
This is a request for an amendment to a PUD. The original PUD approval was for the
construction of 63 fee simple townhomes and a 1,600 square foot pool /pavilion building located
approximately 500 feet from the intersection of Prosperity Farms Road and Idlewild Road, on the
south side of Idlewild Road. This amendment will add 0.33 acres to the approved site and result
in a two unit net increase in the number of townhomes. City Council heard this petition as a
2
workshop at their 2/17/00 meeting and approved Ordinance 5, 2000, for first reading. The
Council voiced no major concerns regarding the project. Council also indicated support for all of
the requested waivers.
RECOMMENDATION: Consider a motion to place Ordinance 5, 2000, on second and final
reading, by title only, and for approval.
3. Ordinance 6, 2000 - Providing for Approval of an Amendment to the Regional Center
Medical Mall PUD for the Construction of 2 Six -Story Professional Office Buildings and
a Six - Story Parking Structure, to be Known as Gardens Corporate Center. (Public Hearing
continued from the 3/2/00 Regular Meeting at the request of the petitioner).
This is a petition for a PUD amendment for a 15.6 acre site located at the northeast corner of PGA
Boulevard and Alternate AIA. The proposed amendment includes two six -story office buildings
with a separate parking structure. The applicant is also requesting the deletion or amendment of
conditions to Resolution 118, 1994. City Council reviewed this petition and approved first
reading on 2/3/00. Council stated that they did not want a public hearing held for this petition
until they were assured that the Regional Center's drainage problems are solved. This matter was
addressed by the City Engineer at the 2/17/00 City Council meeting. Council also requested that
the applicant re- examine the beige color being proposed to see if it could be toned down. Staff
recommends approval of this petition with conditions of approval and waivers.
RECOMMENDATION: Consider a motion to approve Ordinance 6, 2000, on second and
final reading, by title only, and for approval.
4. Ordinance 9, 2000 - Providing for Amendment to the Code of Ordinances to Provide for
Term Limits for Planning and Zoning Commission Members.
Section 2 -84 of the City Code of Ordinances currently limits the terms of any City board member
to 6 years unless there are no eligible replacements. In the case of the Planning and Zoning
Commission there are several members whose terms are about to expire, and there may be
eligible candidates to replace them. However, because of the unusually high level of land
development in the City at the present time, it is vital that the City not lose these members'
knowledge, experience and expertise. This Ordinance would allow their terms to be renewed.
RECOMMENDATION: Consider a motion to place Ordinance 9, 2000, on second and final
reading, by title only, and for adoption.
X. RESOLUTIONS
1. Resolution 10, 2000 - Consideration of Approval of Appointments to the Charter Review
Committee.
This is a request for concurrent processing of amendments to the Golf Digest PCD and individual
parcel site plan applications. The proposed PCD amendments reconfigure the master plan to
incorporate a private golf amenity into the southwestern residential community. As the surface
water management system modifications are reviewed, the petitioner would like the ability to start
the site plan review process for individual parcels within the project. The City's LDRs require
specific criteria for approval of concurrent processing of applications. Staff has determined that
the application meets all the requirements set forth in the LDRs and recommends approval.
RECOMMENDATION: Consider a motion to approve Resolution 10, 2000, appointing
3
members to the Charter Review Committee.
2. Resolution 20, 2000 - Consideration of Approval of a Waiver from Residential
Component - Comprehensive Plan Mixed Use Criteria: Parcel 5B.
This is a request for a waiver from the residential criteria for a proposed Mixed Use
Development. The location of the proposed development is former MacArthur Parcel 5B. The 30
acre parcel is located directly north of the NorthCorp PCD and is bounded by Alternate A I A to
the ease and PGA Boulevard to the north. The Comprehensive Plan Future Land Use Designation
contains 4 criteria for allowing a non - residential Mixed Use Development. The petitioner must
demonstrate that their proposed site /development meets at least 2 of those 4 criteria. City
Council may approve or deny a waiver from the residential requirements based on compliance
with this criteria. Staff has determined that the site meets the criteria set forth in the
Comprehensive Plan for a Non - Residential Mixed Use application. The 2 criteria met by the
applicant is outlined in the staff report.
RECOMMENDATION: Consider a motion to approve Resolution 20, 2000.
3. Resolution 21, 2000 - Consideration of Approval of a Site Plan for NorthCorp Lot 12,
South Park Center Delicatessen.
This is a request for site plan approval for Lot 12 of the NorthCorp Center. This parcel is within
the South Park Center Plat of the NorthCorp PCD. The 1.81 acre site is currently vacant and the
applicant requests the approval of a 2,625 square foot delicatessen on the north end of Lot 12.
The site is located on the east side of East Park Drive at its intersection with NorthCorp Parkway,
on the east border of NorthCorp PCD. The proposal is for the construction of a one -story,
single- tenant building which will be used for a delicatessen and catering operation. The building
will contain approximately 50 seats and the site will have 20 parking spaces. Hours of operation
will be approximately 7:30 a.m. to 6:00 p.m. Because of its internal location, the business will
rely primarily on trade from within NorthCorp PCD. It is anticipated that breakfast and lunch
will be the heaviest times of operation, although the building will also serve as the base of
operations for a catering service. The applicant is requesting a pick -up window on the east side
of the building. There will be no menu board or call box; the window will be used only for orders
which have been faxed in or phoned ahead. The City's LDRs do not exempt pick -up only
windows from the code requirements for drive - through facilities, however, 100 feet of stacking is
required. The applicant cannot provide a full 100 feet of stacking and is requesting a waiver from
the stacking requirement. The site plan can accommodate about 60 feet of stacking. The
applicant is requesting a waiver to allow two wall signs on the building. The applicant is also
requesting a waiver for the proposed loading zone, providing a loading zone that is 12' x 30'
instead of the required 12'x 35'. Staff recommends approval of Resolution 21, 2000, with
conditions.
RECOMMENDATION: Consider a motion to approve Resolution 21, 2000.
XI. ORDINANCES
1. Ordinance 11, 2000 - Providing for an Amendment to the Firefighters Retirement Pension
Fund.
The State Legislature passed and Governor Bush signed into law HB 261, which provided for
several changes in the State Statutes regarding Fire Pension plans. The Fire Pension Board and
their Attorney have completed an analysis of the existing plan and have offered several minor
L,
RESOLUTION 22, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPOINTMENT OF THE MAYOR, VICE MAYOR AND
MAYOR PRO - TEMPORE FOR THE CITY UNTIL THEIR
SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the City of Palm Beach Gardens, the City Council
annually selects members of the City Council to serve as Mayor, Vice Mayor and Mayor Pro -
Tempore; and
WHEREAS, the City Council, pursuant to the City Charter, elects a Mayor, Vice Mayor
and Mayor Pro - Tempore at its annual organizational meeting held during the month of March.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Pursuant to the City Charter, the following persons shall be and are hereby
appointed and named to the following offices of the City of Palm Beach Gardens, Florida:
MAYOR
VICE MAYOR
MAYOR PRO - TEMPORE
SECTION 2. The above -named Mayor, Vice Mayor and Mayor Pro - Tempore shall hold
office until the next annual organizational meeting of the City Council, or until their successors
shall be appointed and qualified in accordance with the Charter of the City of Palm Beach
Gardens, Florida.
SECTION 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF MARCH, 2000.
Mayor
RESOLUTION 22, 2000
PAGE 2 OF 2
ATTEST
LINDA V. KOSIER, CMC
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date prepared March 2, 2000
Meeting date March 16, 2000
Subject/Agenda Item: Bid award for two (2) Police Motorcycles
Recommendation /Motion: Award the purchase of two (2) police motorcycles to
Ft. Lauderdale Harley- Davidson
Reviewed by:
Originating Dept:
Costs: $ 26,900.00
Council Action:
PUBLIC WORKS
Total
City Attorney
[ ] Approved
Financee�
$ 30,000.00
[ ] Approved w /conditions
j
ACM 311, j 00
Current FY
[ ]Denied
` +
Human Res.
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Other
Date: 12/99
[ X ] Operating
Memo, bid tabulation
Paper: Mail
[ Not Required
[ ]Other
Sheet, bids and RFP
Submitted b�
Pete Berge[, Interim
Department Director
Affected parties
[ ] Notified
Budget Acct #:
31- 3020.539.6410
[ ] None
Approved by:
City Manager
[ ] Not required
Background:
See attached Memorandum.
®x "003
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Richard Diamond DATE: March 6, 2000
Asst. City Manager
APPROVED: Nabar Enrique Martinez, City Manager
FROM: Pete Bergel, Interim Direct
Public Works
SUBJECT: Police Motorcycle Recommendation
A Request for Proposal was issued for the purchase of two police motorcycles in
December 1999. The bid was closed on January 13, 2000, and two bids were received as
indicated on the bid tabulation sheet (attachment 1.) The lowest bid for the two police
motorcycles was received from Ft. Lauderdale Harley - Davidson, Inc. for $26,900.00.
The Public Works Department has budgeted $30,000.00 in the Vehicle Replacement
Account #31- 3020 - 539.6410 for these two motorcycles. Public Works staff has
discussed the findings and recommendations with the Police Chief, who concurs with
Public Works' recommendation.
At this time, the Public Works Department is requesting Council consider a motion to
award the purchase of two police motorcycles to Ft. Lauderdale Harley - Davidson, Inc.
Both bids meet and/or exceed the bid specifications and support requirements.
Should you have any questions regarding this recommendation, please contact me. I will
make myself available for the next Council Meeting to answer any questions.
PB.jbv
cc: Nabar Martinez
File
Attachments
wmjgj%j&%4'
BID TABULATION SHEET
The following are 'the two bids received for the two Police Motorcycles:
Harley- Davidson of Palm Beach, Inc.
Ft. Lauderdale Harley - Davidson, Inc.
$13,800.00 per Cycle or $27,600.00
$13,450.00 per Cycle or $26,900.00
f
t �
CITY OF pALM BEACH GARDENS
BID FORM
The undersigned agrees to furnish two police motorcycles.
Lump Sum:
Delivery must be F.O.B. Palm Beach Gardens, Florida.
Addenda received:
Manufacturer Proposed:
Model Proposed:
Warranty:
Terms:4 ,1719 r/S
Delivery"u
Manufacturer's Literature and Specifications must be submitted. with Bid.
Company Name:
By:
Address:
Telephone:
Date:
Signature:
Title:
HARLEY-DAVIDSON OF PALM BEACH
,
Al',? Fax. - ' ZaX,?
APPENDIX A
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that
oe does not (circle appropriate
response): i
(Name of Business) _
HARLEI- DAVIDSON OF PALM BEACH
1, publish a statement notifying employees that the unlawful manufacturg, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition. 1
2. Inform employees about the danger of drug abuse in the workplace, the bus' ess's policy of
maintaining a drug -free workplace, any available drug counseling.
i
In"Ne"W 7
CITY OF PALM BEACH GARDENS
BID FORM
The undersigned agrm to famish two police motorcycles.
4?000 Of
L Sum: 0 00.00 Toga --P
r
j 50. ro
Delivery mast be F.O.B. Palm Beach Gardens, Florida. 3j y.
Addenda received A
Manufacturer Proposed -dA4, C64
Model Proposed: t A�P - B:R c4 w4,rk
Warranty: /.2 mow.• s 0, /%'s• Vex, M plc O p t
Terns: 4 of oa Well v
Delivery: lZo - d,4,rS
Manufacturer's Literature and Specifications must be submitted with Bid-
Company Name: /- lgtt �u o�4(t /,141/a� - Q,sa,✓
By. �.¢ -e'.PY T
Address: J,4 7
Telephone:
Date:
Signature:
Tide:
7.Y/, 4�9-0 Fur: 917 = 79/- 7 3 3 9
AtrJ� +f ti A. Act
Q�E
t�
IFNIM14108
APPENDIX A
DRUG- REE WORKPLACE FORM
The undersigned vendor in accordance with Florida Stauae 287.087 hereby certifies that
/�`. J-4c.d4df4 4, Cj!ej1does not (circle appropriate
response):
(Naive of Business)
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the danger of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling.
WMMUMM409
INVITATION TO BID
FOR
POLICE MOTORCYCLES
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
December 1999
law. 10
INSTRUCTIONS TO BIDDERS
BID NAME: Two (2) police motorcycles
Sealed Bids must be received on or before 2 p.m. (local time), January 13, 2000 at the office of
the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City
business hours are 8:00 am. to 5:00 p.m., Monday through Friday, except holidays. All bids will
be publicly opened and read at 2:15 p.m., January 13, 2000 in. the art gallery room Burns Road
Community Center 4104 Burns Road Palm Beach Gardens Florida. It is anticipated that the bid
will be awarded at the regularly scheduled meeting of the Palm Beach Gardens City Council on
February 3, 2000.
Bids received after the designated time will not be considered. Bids may be delivered in person
or by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope
containing the Bid shall be written in large letters the words:
BID FOR: Two (2) Police Motorcycles
TO BE OPENED (Date and Time): January 13, 2000 at 2:15 p.m.
A bidder may withdraw his Bid at any time prior to that fixed for opening bids without prejudice
to himself.
Bidders are invited to be present at the opening. Bids received after the time set for the opening
will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that
his or her bid reaches the City Clerk on or before the closing date and time. Bids submitted by
telephone, telegram or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g.,
Federal Express, UPS, etc.), Bid form must be enclosed in envelope marked as instructed above.
The City reserves the right to reject any or all bids, in whole or in part, with or-without cause, to
waive any informalities or technicalities, and to make awards either as individual items or as a
total combined bid, whichever it considers to be in the best interest of the City of Palm Beach
Gardens.
The Bidder will be required to use the Bid blanks attached hereto, which form a part of the
Specifications, and shall remain intact.
No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening
thereof.
Bids received on separate sheets and not attached to the complete specifications will be
considered informal and may be rejected as such. All prices must be clearly stated in figures
with ink on the line provided. Any variations from these specifications must be clearly stated by
the Bidder on the bid blank.
soma 1 1
Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the
agent who siont the firm name to the bid shall state, in addition, the names and addresses of the
individuals composing the firm.
When a corporation is a bidder, the person signing shall state under the laws of what state the
corporation was chartered, and the name and title of the officer having authority under the by-
laws to sign coiritracts. Anyone signing the bid as agent must file with it legal evidence of his
authority to do so. Post office address, County and State, must be given after the signature.
Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for
making awards.
All State and Federal Tax exemptions applicable to municipal corporations will apply and
appropriate certification shall be furnished.
A Bidder is expected to fully inform himself as to the requirements of the Specifications; failure
to do so will be at this own risk A Bidder shall not expect to seek relief on the plea of error.
Any deviation from the Specifications must be explained in detail on a separate sheet attached to
the Bid Form.
Any questions regarding the Bid Specifications and process should be directed to:
Bob Patty, Director of Public Works
City of Palm Beach Gardens
3704 Burns Road
Palm Beach Gardens, F1 334 10
(561) 775 -8274 n.
IFISV4,01 a
GENERAL TERMS AND CONDITIONS
GENERAL INFORMATION
These documents constitute the complete set of specification requirements and bid forms. IT IS
THE RESPONSIBILITY OF THE BIDDER TO INSURE THAT AH. PAGES ARE
INCLUDED. Therefore, all bidders are advised to closely examine this package. Any questions
regarding the completeness of this package shall be immediately directed to Linda Kosier. City
Clerk, at 775 -8253. ALL BIDS MUST BE SUBMITTED ON THE PROVIDED 'BID FORM ".
BIDS ON VENDOR LETTERHEAD /QUOTATION BID FORMS WILL NOT BE ACCEPTED.
All Bids must be typewritten or handwritten in ink and must be signed by an officer or employee
having authority to bind the company or firm. Signatures are required were indicated. Failure to
do so may be cause for rejection of Bid.
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may
be examined during normal working hours, after bid opening, by appointment only.
Bids shall be submitted in triplicate on the prescribed form provided in the Specifications. Each
Bid must be delivered to the City Clerk on or before the specified opening date and time.
The bid time must be and shall be strictly observed. Under no circumstances shall a Bid
delivered after the time specified be considered. Such bids shall be returned to the vendor
unopened. It is the sole responsibility of the bidder to ensure that his or her bid reaches the City
Clerk on or before the closing date and time. The City shall in no way be responsible for delays
caused by any occurrence. Offers by telephone, telegram or facsimile shall not be accepted. If
the bid is sent by overnight courier (e g. Federal Express, UPS, etc.), the bid form must be
enclosed in an envelope marked as in the "Instructions to Bidders."
BOND AND INSURANCE REQUIREMENTS
Bond and insurance requirements, if any, are detailed in the Specifications.
CONSIDERATION OF BIDS AND AWARD CONTRACT
The City anticipates awarding the Bid at the February 3, 2000 regular meeting of the City
Council.
The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to
waive any informalities or technicalities, and to make awards either as individual items or as a
total combined bid, whichever it considers to be in the best interest of the City of Palm Beach
Gardens.
"Is"013
CONFLICT OF INTEREST
The award hereunder is subject to the provision of State Statutes and City Ordinances. All
Bidders must disclose in his or her bid the name of any officer, director or agent who is also an
employee of the City. Further, all bidders must disclose the name of the City employee who
owns, directly or indirectly, interest of five percent (S %) or more of the bidder's firm or any of its
subsidiaries. `
LEGAL REQUIREMENTS
Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect
the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for
relief from responsibility.
Vendors doing business with the City are prohibited from discriminating against any
employee, applicant for employment or client because of race, creed, color, ancestry,
religion, national origin, sex, or age with regard to, but not limited to the following:
Employment practices, rates of pay or other compensation methods and training
selection.
2. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a pubic entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of begin placed on the convicted vendor list.
3. The obligations of the City under this award are subject to the availability of funds
lawfully appropriated for this purpose.
4. This request for bid shall be included and incorporated into the final award.
WOMEN /MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY
It is the policy of the City to provide minorities and women equal opportunity for participating in
all aspects of the City's contracting and procurement programs, including but not limited to
employment, construction, development projects and lease agreements, consistent with the laws
of the State of Florida. It is further the policy of the City to prohibit discrimination against any
person or business in pursuit of these opportunities on the basis of race, color, national origin,
creed, sex, age, handicap or veteran's status.
suma14
BIDDER'S RESPONSIBILITY
Each Bidder is required, before submitting his or her proposal, to carefully examine the Bid
specifications and to completely familiarize himself or herself with all of the terms and
conditions that are contained within this document. Ignorance on the part of the Bidder will in
no way relieve him or her of any of the obligations and responsibilities which are a part of this
Bid.
CONTRACTUAL AGREEMENT
This invitation to Bid shall be included and incorporated in the final award. The order of
contractual precedence will be the purchase order, bid document and response. Any and all legal
action necessary to enforce the award will have venue in Palm Beach County and the contractual
obligations will be interpreted according to the laws of Florida. Any contract or agreement
required by vendor must be enclosed at the time of Bid submittal.
PUBLIC RECORDS LAW
In conformance with the Florida Public Records law, all bid documents or other material
submitted by the Bidder in response to this request other than any financial statements
submitted, shall upon bid opening, be available for public inspection by any person.
CODE OF ETHICS
If any Bidder violates the Code of Ethics of the State of Florida with respect to this bid, such
Bidder may be disqualified from performing this work and future work for the City.
ADDENDA
Addenda issued by the City prior to the bid opening shall be binding as if written into the
Specifications. Bidder shall acknowledge receipt of the same as indicated on the Bid Form. If
no Addenda are issued, then "none" shall be indicated. If Addenda are issued, Bidder shall
indicate the Addenda received by listing its number (e.g., #1, #2, #2A, etc.) and attaching a copy
of the Addenda to the bid.
ATTACHMENT TO BID FORM
The Bidder is responsible to submit each of the attached appendices to his/her completed Bid
Form:
Appendix Description
A. Drug -Free Workplace Certification
rMnia l 5.
SPECIFICATIONS
POLICE MOTORCYCLES
CITY OF PALM BEACH GARDENS
These specifications are intended to describe the mechanical, safety and comfort requirements
for solo, certified, traffic law enforcement motorcycles which will be used by the City of Palm
Beach Gardens Police Department to enforce traffic laws, commercial vehicle compliance with
equipment and safety regulations and to provide escort services for government officials,
domestic and foreign diplomats.
COMPLIANCE WITH SPECIFICATIONS
ALL PROPOSED MODEL MOTORCYCLES WILL BE IN FULL COMPLIANCE
WITH TIFF, FOTTOWING DETAMED SPECIFICATIONS.
A. Engine
Shall have a piston displacement of not less than 1340cc, shall be air cooled, and shall have
two or more cylinders equipped with overhead valves. Engine shall be designed to insure any
vibration frequencies and magnitudes shall be minimal. Engine and transmission isolated from
motorcycle frame through a rubber mounting system.
(1) Powertrain standard finish on engine; polished rocker boxes, timer cover, outer primary
housing and transmission covers.
B. Clutch
(1) Clutch shall be of the latest multiplate design.
(2) Transmission shall be of latest design, manual type, having not less than five forward
speeds.
(3) Requires clutch disengaged for starter motor operation; low effort hand levers.
C. Brakes
Disc brakes shall be provided for both front and rear wheels. Front brake shall have dual
(2) 11.5 inch drilled discs. Rear brakes shall be single disc. Brakes shall be relatively free from
heat fade.
D. Suspension
Motorcycles shall be provided with a suspension system to permit optimum handling
conditions as required in metropolitan area law enforcement.
(1) Rear suspension shall have swing arms having bearings that require no lubrication for
the life of the motorcycle.
(2) Heavy duty, air adjustable front suspension and air adjustable rear suspension; ability to
adjust rear ride height to compensate for imposed loads.
E. Tires & Wheels
(1) Cast wheels required. Rim material shall be impermeable to compressed air.
(2) Tubeless type tires to have non -skid tread, designed to operate on paved highways and
shall have a full, four -ply fabric reinforcement. Preferred manufacturer, Dunlop, front
and rear MT90Bxl6 blackwalls (Touring Elite *11 D402 tires).
F. Fuel Tank
Fuel tank shall have a capacity of not less than five (5) U.S. gallons. Must provide reserve
fuel capacity when main supply is exhausted.
G. Electrical System
Electrical system shall be nominal twelve (12) volt complying with the following.
(1) Battery-Heavy duty center mount battery required. Minimum rated capacity — 20
ampere hours.
(2) Charging System - Providing 32 amp high output alternator and voltage regulator.
Connectors - Industrial Grade throughout.
a. An additional electric accessory connection shall be provided.
(3) Hand Controls -Water resistant switches.
(4) Starting system- Twelve (12) volt starter with solenoid operated engagement and relay
required
(5) Horn that will emit a sound level adequate to be heard above motorcycle and traffic
generated noise level required.
(6) Lighting -Each motorcycle shall-be provided with the following required lighting
equipment:
a. Quartz Halogen Headlight
b. Pursuit Lamps -Front mounted strobe lamps, one red, one blue
c. Tail Light
d. Turn Signals
e. Running Lights - Integrated into fender tips and front turn signals.
f. Rear Strobe Light bar (one blue and one clear) mounted on rear fender plate.
(7) Electronic Siren -A Whelen 100 watt electronic siren system (amplifier and speaker)
shall be provided with each motorcycle.
a. Waterproof Amplifier (two tones: wail and yelp)
b. Airhorn
c. Microphone jack
H. Visual Display
The following visual displays shall be provided to inform the rider of the various
conditions of motorcycle and engine operations:
(1) Speedometer - Certified analog speedometer, to indicate 0 -120 MP.H.
(2) Odometer -A calibrated, cumulative odometer
(3) Tachometer -An analog tachometer provide
(4) Fuel Level Gauge
(5) Indicator Lamps- Including pursuit lamp indicator
(6) Sight Glass on brake master cylinder
L Feature Requirements
(1) Seat - Latest deluxe solo air saddle, special police type, covered with breathable plastic
material, with rear back support design and quick release mechanism; single bladder
with reservoir and gauge.
(2) Side Stand -Jiffy type steel stand, locking type when engaged.
(3) Footboards - Adjustable, provide with non -skid rubber pads on upper surfaces.
(4) Engine Guards -Front engine guard, rear sturdy saddlebag guards.
(5) Sadlebags - Factory installed, law enforcement type fiberglass saddlebags. Bags shall be
nominally waterproof. Utilizes police style speed latches.
(6) Drive -Final belt drive, Kevlar *reinforced belt.
(7) Windshield:
a. Shall be of latest design, utilizing lexan* or clear polycarbonate.
(8) Mirrors -Two (2) true image mirrors shall be provided for each motorcycle.
(9) One key fits all locks.
P" w IN I
CITY OF PALM BEACH GARDENS
BID FORM
The undersigned agrees to furnish two police motorcycles.
Lump Sum:
Delivery must be F.O.B. Palm Beach Gardens, Florida
Addenda received:
Manufacturer Proposed:
Model Proposed:
Warranty:
Terms:
Delivery.
Manufacturer's Literature and Specifications must be submitted with Bid.
Company Name:
By:
Address:
Telephone:
Date:
Signature:
Title:
Fax:
APPENDIX A
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
does /does not (circle appropriate
response):
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the. danger of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling.
woolm2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 6, 2000
Meeting Date: March 16, 2000
Subject/Agenda Item: Purchase of a new 72" Ransome rotary deck mower for the golf
course.
Recommendation /Motion: Approve the purchase of the Ransome 728 mower, with
a 72" rotary mulching deck, from Kilpatrick Turf Equipment of Boynton Beach,
Florida, acting as an authorized distributor of Tresca Industries, Inc., of Orlando,
Florida, in the amount of $17,037.00 by "piggybacking" the State of Florida's
Department of Management Services contract number 515 - 630 -99 -1.
Reviewed by:
Originating Dept: Parks
Costs: $_17,037.00
Council Action:
and Recreation
Total
City Attorney
]Approved
Finance h K� 1
$ 35,000
[ ] Approved W/co,dm.
Current FY
ACM 0O
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ X ] Operating
Paper:
[ ] Other
1. Memo from Parks and
Recreation Director.
2. Copy of Proposal
Form.
3. Copy of State
[ X ] Not Required
Contract
Submitted by: Sue Miller
Department Directy
Affected parties
Budget Acct #::
[ ] Notified
09- 2540-572 -6420
[ ] None
Approved by:
City Manager
[ ] Not required
F0® =vw2 9
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Nabar Martinez, City Manager DATE: March 6, 2000
APPROVED:
FROM: Sue Miller, Director, Parks and Recreation
SUBJECT: Purchase of Golf Course Mower
BACKGROUND:
As part of the Fiscal Year 2000 budget, $35,000 is allocated for the purchase or replacement of
golf course equipment. Meadowbrook Golf Group, Inc., the firm under contract with the City to
manage the course, has determined that a new rough mower is needed to keep the course in the
proper condition.
DISCUSSION:
Meadowbrook Golf Group, Inc., recommends that the city "piggyback" the State of Florida's
Department of Management Services contract #515- 630 -00 -1, awarded to Tresca Industries, Inc.,
of Orlando, Florida, and purchase the new Ransomes 728 mower, with a 72" mulching rotary
deck, counter weights, and a deluxe seat, from Kilpatrick Turf Equipment of Boynton Beach,
Florida, the local Ransomes distributor, in the amount of $17,037.00.
RECOMMENDATION:
Staff concurs with the recommendation of Meadowbrook Golf Group, Inc., and recommends an
award for purchasing the new Ransomes 728 mower, with 72" mulching deck, counter weights,
and deluxe seat, to Kilpatrick Turf Equipment, in the amount of $17,037, and authority to execute
an agreement for same.
dF T"F �F
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_
DRAU,'Aaa OF MANAGEMENT
SERVICES
4050 Fsplanadc Way • Tallah=cc, Florida 32399 -0950
JFB BUSH. GOVERNOR
TOM MCGURK, SECRETARY
Suite 31.5
CERTIFICATION OF CONTRACT
TITLE: Lawn Equipment
BID NO.: 4 -515 -630 -E
CONTRACTOR(S): Ariens Company (A)
Ariens- Gravely (A)
Golf Ventures, Inc. (D)
John Deere Company (A)
Kut -Kwick Corporation (B)
Live Oak Lawn Supply, Inc. (D)
Mulvaney's Inc. (A)
..CONTRACT NO.: 515- 630 -00 -1
EFFECTIVE January 26, 2000
through January 25, 2002
SUPERSEDES: 515- 630 -99 -1
Robinson Equipment Company, Inc. (A)
Sarlo Power Mowers, Inc. (A)
Snapper, Inc. (A)
Steiner Turf Equipment, Inc. (A)
Tresca Industries,, Inc. (A)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS
WHICH MAY ARISE.SHALL BE BROUGHT TO THE ATTENTION OF BOBBY
HINSON AT (850) 488 -7515 SUNCOM 278 - 7515.
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on January 12, 2000 a contract has been executed between the State of
Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Lawn
Equipment, by all State of Florida agencies and institutions. Therefore, in compliance with
Section 287.042, Floriaa Statutes, all purchases of these commodities shall be made under the
terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the-
attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all
Federal, State and local taxes.
vim poem 23
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_
DRAU,'Aaa OF MANAGEMENT
SERVICES
4050 Fsplanadc Way • Tallah=cc, Florida 32399 -0950
JFB BUSH. GOVERNOR
TOM MCGURK, SECRETARY
Suite 31.5
CERTIFICATION OF CONTRACT
TITLE: Lawn Equipment
BID NO.: 4 -515 -630 -E
CONTRACTOR(S): Ariens Company (A)
Ariens- Gravely (A)
Golf Ventures, Inc. (D)
John Deere Company (A)
Kut -Kwick Corporation (B)
Live Oak Lawn Supply, Inc. (D)
Mulvaney's Inc. (A)
..CONTRACT NO.: 515- 630 -00 -1
EFFECTIVE January 26, 2000
through January 25, 2002
SUPERSEDES: 515- 630 -99 -1
Robinson Equipment Company, Inc. (A)
Sarlo Power Mowers, Inc. (A)
Snapper, Inc. (A)
Steiner Turf Equipment, Inc. (A)
Tresca Industries,, Inc. (A)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS
WHICH MAY ARISE.SHALL BE BROUGHT TO THE ATTENTION OF BOBBY
HINSON AT (850) 488 -7515 SUNCOM 278 - 7515.
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on January 12, 2000 a contract has been executed between the State of
Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Lawn
Equipment, by all State of Florida agencies and institutions. Therefore, in compliance with
Section 287.042, Floriaa Statutes, all purchases of these commodities shall be made under the
terms, prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the-
attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all
Federal, State and local taxes.
vim poem 23
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All contract purchase orders shall show the Division of Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order totaled.
(This requirement may be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR 7017.
Should the vendor fail to correct the problem within a prescribed period of time, then form
PUR 7029, Request for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed-for
your information. Any restrictions accepted from the supplier are noted on the ordering
instructions.
F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should. be used
to provide your input and recommendations for improvements in the contract to the Division of
Purchasing for receipt no later than 90 days prior to the expiration date of this contract.
uth rize igna ure
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Attachments
East Coast QUOTATION West Coast
7700 High Ridge Road - Boynton Beach, FL 33462 1620 Trade Center Way - Naples, FL 34109
1- 800 - 432 -0066 • (561) 533 -1481 - FAX (561) 533 -1518
ACCT. #:
CUSTOMER:
C-, op
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Co /p Course.
DATE:, 1 e-&L" 3r 14W
TERMS: NET 10 DAYS
P.O. #:
The following quotation is submitted for your consideration and acceptance until
QTY.
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PROD. #
9116,706
967a:Z&
DESCRIPTION
Pa"50mes -7 -115
W,
PRICE EA.
TOTAL
1v.1,76 --
3 a -70-
9 70006
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TERM:
Special terms are also v abl .
By: �-
Printed: �r�,Lti.J Ridy1G
Title: /c0r,4 70'V
MONTHLY PAYMENT $
White - Customer Canary - Sales Pink - Office 1*14"f*25
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MARCH 2, 2000
The March 2, 2000, Regular Meeting of the City Council of the
City of Palm Beach Gardens, Florida, was called to order at 7:00
P.M. in the Council Chambers of the Municipal Complex located
at 10500 North Military Trail, Palm Beach Gardens, Florida; and
opened with the Pledge of Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice
Mayor Lauren Furtado, Councilman David Clark, and Councilman
Carl Sabatello. Councilman Eric Jablin, was absent.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Mayor
Russo announced that Dick Cameron, a retired employee of the
Parks & Recreation Department had passed away and that Stan
Redick, husband of former Council member Linda Monroe was
very ill. Mayor Russo asked for a moment of silence.
PRESENTATIONS
Artigras Dave Talley presented an Artigras poster to the City and thanked
the Police Department for making the event safe.
CITY MANAGER REPORT
Public Information Officer
Report Beth Ingold Love reported one room in the new Municipal
Complex had been sold to Watterson, Hyland and Klett and a
plaque would be installed; the next Neighborhood Association
meeting was scheduled for April 19; a 5K Run and Project
Graduation Flea Market were scheduled for the upcoming
weekend; and Vicki Wade, Public Education Specialist for the Fire
Department, had been awarded the 1999 Fire Service Public
Educator of the Year award. Mayor Russo expressed appreciation
for the good job being done by the Public Information Officer.
Construction Manager Report Ray Casto, Construction Manager, expressed appreciation to staff
for their help in making the move into the new municipal complex.
Mr. Casto discussed change orders submitted in his report.
Councilman Clark made a motion to approve Change Orders
pw""• "K"q 2 6
CITY COUNCIL REGULAR MEETING, 3/2/2000 2
numbered 50, 100, 103, 104, 107, 113, 116 ,117, 119, 120, 121,
122, 123, 124, 147, 155, 156, 157, 179 and 183. Vice Mayor
Furtado seconded the motion, which carried by unanimous 4 -0
vote.
Growth Management Report Growth Management Director Roxanne Manning and City
Engineer Len Lindahl described a proposed process of approval for
site plans which would allow drainage systems to be constructed
and provide new and existing developments with proper drainage.
The proposal included a condition of approval stating if there were
any issues arising out of the annual report or out of the permit
modification, the petitioner would agree to abide by any resulting
changes in the project, and a letter of agreement from the same
petitioner would be attached to the development order. Mr. Lindahl
described the drainage plan and explained that no work would be
done until funding was approved. Dan Clark described an
alternative for the Hood Road alignment which paralleled the
Cabana Colony canal; however, the City Council agreed to stay
with the two previous alignments and not to send a letter of support
for the new alignment to the County.
Census 2000 Update Principal Planner Kim Glas Castro announced there were 30 days
until Census Day.
Municipal Complex
Landscaping Update City Forester Mark Hendrickson reviewed a new landscaping plan
for the Municipal Complex which would include more color,
midrange plantings, and maintenance -free vegetation. It was
agreed that Councilman Sabatello would work with the City
Forester to finalize a plan with funding proposed from the current
budget, to be presented at the next meeting. A suggestion was
made to strengthen the landscaping in front of the Fire Safety
building on Burns Road.
AWARDING OF BIDS
Bus Transportation
for Summer Camp Vice Mayor Furtado made a motion to approve the staff
recommendation to award the bid to Jupiter School Bus Service,
Inc., of Riviera Beach, Florida, in the amount of $64,925.00 for
summer camp bus transportation.. Councilman Clark seconded the
motion, which carried by unanimous 4 -0 vote. Mayor Russo
announced that the residents of Frenchman's Creek were holding
a funding drive to purchase a van for the City to transport seniors
and handicapped citizens for recreational events.
P0 Pq in to 2 71
CITY COUNCIL REGULAR MEETING, 3/2/2000
3
Lightning Prediction
System Councilman Clark made a motion to approve the staff
recommendation to award the bid to Thor -Guard for purchase and
installation of lightning prediction systems for Gardens Park, Lake
Catherine Park, Plant Drive Park, and PGA Park, in the amount of
$20,585. Vice Mayor Furtado seconded the motion, which carried
by unanimous 4 -0 vote.
COMMENTS FROM THE
PUBLIC
Sam Carsillo Resident Sam Carsillo described the previous City Halls and
complimented the City on the new municipal complex. Mr.
Carsillo outlined several grievances and said that he would meet
with City staff regarding same.
CONSENT AGENDA Councilman Clark made a motion to approve the Consent Agenda.
Vice Mayor Furtado seconded the motion. Motion carried 4 -0.
The following items were approved on the Consent Agenda:
1. Approval of Minutes of 2/3/00 City Council Regular
Meeting.
2. Approval of Minutes of 2/17/00 City Council Regular
Meeting
PUBLIC HEARINGS
Ordinance 4, 2000 Staff reviewed the petition for approval of a single family custom
home development located on a 64.47 acre parcel at the northwest
corner of the intersection of Central Boulevard and Hood Road.
Ninety-one single family homes were proposed, along with a 3,000
square foot clubhouse.
Mayor Russo declared the Public Hearing open, which was held on
the intent of Ordinance 4, 2000, providing for rezoning of 64.47
acres from Planned Development Area to Residential Low Density
3 with a Planned Unit Development Overlay in order to construct
91 single- family homes.
Mr. Skokowski suggested consultation with staff for an alternate
approach for drainage for this project, with which Mayor Russo
concurred. Concerns expressed by the City Council were that there
was not enough space for recreation for children, that the lot
CITY COUNCIL REGULAR MEETING, 3/2/2000 4
coverage was too high, and that landscaping was needed for the
wall and at the rear of homes. Median maintenance was clarified
to include the roadway shoulders, and staff advised that landscape
standards would be established by the landscape manual.
Councilman Sabatello requested addition of language regarding
responsibility for maintenance of the right -of -way on the north side
of the project. Vice Mayor Furtado expressed concern regarding
the request to waive littoral plantings and the use of gray water to
help keep the level of water constant within the retention ponds.
Councilman Clark left the meeting for an appointment.
Vice Mayor Furtado made a motion to continue the Public Hearing
for Ordinance 4, 2000, to the Regular Meeting of March 16, 2000.
The motion was seconded by Councilman Sabatello and passed by
a 3 -0 vote.
Ordinance 6, 2000 At the request of the petitioner, Vice Mayor Furtado made a motion
to continue the Public Hearing for Ordinance 6, 2000, to the March
16, 2000 Regular Meeting. Councilman Sabatello seconded the
motion, which passed by a vote of 3 -0.
Ordinance 7, 2000 Staff reviewed the request for Ordinance 7, 2000, Fairwinds at
BallenIsles Entry Gate for Parcels 8A, 8B and 10. Mayor Russo
declared the Public Hearing open, held on the intent of Ordinance
7, 2000. The following residents of BallenIsles voiced objections
to the proposed entry gate at Fairwinds at BallenIsles:
City Council directed the petitioner to work with the residents of
BallenIsles regarding objections to the proposed entry gate. Vice
Mayor Furtado made a motion to continue the Public Hearing for
Ordinance 7, 2000, to the Regular Meeting of April 6, 2000. The
motion was seconded by Councilman Sabatello and passed by a
vote of 3 -0.
Resolution 16, 2000 Staff reviewed the petition for two sign waivers for The Towers
PUD. The petitioner addressed the City Council regarding the
requested waivers, explaining that the waivers were pertaining to
the maximum height at which a wall sign could be placed and type
of messages displayed on ground and wall signs. Staff had
determined that two of the three existing ground signs were non-
conforming.
04 14 W4 q29,
CITY COUNCIL REGULAR MEETING, 3/2/2000 5
Council expressed concern regarding lettering style and color. The
petitioner requested that he be permitted to discuss these concerns
with the owner and asked that this Public Hearing be continued.
Vice Mayor Furtado made a motion to continue the Public Hearing
for Resolution 16, 2000, to the Regular Meeting of April 6, 2000.
Councilman Sabatello seconded the motion, which passed by a vote
of 3 -0.
ITEMS AND REPORTS BY
MAYOR AND COUNCIL
Vice Mayor Furtado The Vice Mayor reported that Councilman Jablin had advised that
the City Seal was not yet in its new frame, and that the art on the
walls of the new Council Chambers would be lighted. Vice Mayor
Furtado announced that the bridge repairs on PGA Boulevard
would be done before construction of the flyover started, that the
City Attorney would be presenting information regarding the
flyover, and that money was available from MPO for bus shelters.
Mayor Russo Mayor Russo reported he had attended a meeting of Eastward Ho!
and had expressed concern regarding lack of funding to improve
roadways providing access to the U.S. One Corridor. The Mayor
reported that the Economic Advisory Group had met, and
frustration had been expressed regarding the lack of economic
activity. Mayor Russo reported that a check had been presented to
Officer Fantuzzi of funds raised for medical expenses for his
family.
CITY ATTORNEY REPORT The City Attorney reported that he and the City Manager were
discussing goals and would present those to the City Council in the
near future. City Manager Martinez explained that a strategic plan
for implementing the goals which had been established had been
formulated by staff, and that he had met with the City Attorney and
Councilman Jablin concerning this issue. Mayor Russo requested
that this item be placed on the agenda for the next meeting.
WINININ30
CITY COUNCIL REGULAR MEETING, 3/2/2000
A
ADJOURNMENT There being no further business to discuss, upon motion by Vice
Mayor Furtado, seconded by Councilman Sabatello, carried 3 -0, the
meeting was adjourned at 10:30 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
LINDA KOSIER, CMC, CITY CLERK
jWageqj%3 I,
INC.
CONSUETINC.; CIVIL ENGINEERS,
SURVEYORS d MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
CIS
"Partners For ReSUItS
VMUe by Design„
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F,IX: C-16 I) 'tit, -.192
MEMORANDUM
TO: Linda Kosier (�
FROM: Sean C. Donahue, P.E.6v
DATE: March 8, 2000
FILE NO.: 100011
SUBJECT: Gardens Presbyterian Church -Plat
Attached please find one copy of the signed and approved plat on Mylar for
the referenced project. Also attached please find three sheets containing
identifying portions of the attached plat. The plat has been submitted in a
form that conforms to the requirements of the City of Palm Beach Gardens
and Chapter 177 of the Florida Statutes. Therefore, we recommend
approval of the plat.
SCD/
cc: Roxanne Manning
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SURVEYOR'S NOTES
1. Where drainage and utility easements intersect, drainage easemen
2. There shall be no trees, shrubs, or landscaping placed on utility
easements, except as shown on the approved final development pla)
3. No buildings, improvements of any kind, trees or shrubs shall be
without prior approval of all easement beneficiaries and all applica'
or permits as required for such encroachments.
4. Bearing basin S89° 54'12 "E along the North line of the northw
5. ■ Indicates set 4 "x4" concrete monument "P.R.M.3613"
6. D.E. - Drainage Easement
7. U.E. - Utility Easement
8. W.S.E. -Water and Sewer Easement 4
9. P.R.M. - Permanent Reference Monument ���' 3
10. L.A.E. - Limited Access Easement
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RESOLUTION 23, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE GARDENS PRESBYTERIAN CHURCH PLAT; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Gardens Presbyterian Church Plat;
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the plat; and
WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Gardens Presbyterian Church Plat, consisting of two (2) sheets dated March,
2000, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A ".
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
Linda V. Kosier, CMC, City Clerk
VOTE:
Mayor Russo
Vice Mayor Furtado
Councilman Jablin
Councilman Clark
Councilman Sabatello
DAY OF
Mayor
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
City Attorney
AYE NAY ABSENT
INNW""3 6
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
SUBJECT /AGENDA ITEM:
Public Hearing & Second Reading for Ordinance 4, 2000, a request for Planned Unit
Development (PUD) for 91 single - family homes.
RECOMMENDATION:
Staff recommends that Ordinance 4, 2000 be approved with conditions.
Reviewed by: Originating Dept.:
City Attorney Growth Management
Finance NA
ACM �p�
� J
Human Res. NA
Other NA
Advertised:
Date: 2/16/00
Costs: $
Total
$
Current FY
Funding Source:
[ ] Operating
Council Action:
[ ] Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Paper:
Other
• Ordinance 4, 2000
[ ]
• Letter dated
Palm Beach Post
12/22/99
• Waiver requests
• Environmental sign -
off from Jim Schnelle
• FPL letter dated
12/1/99
• Seacoast Utility letter
dated 1/3/00
• Memo from City
Forester dated 1[7/00
• Crime matrix
• Aerial photograph
• Site plan
Submitted by: 3.6.0e [ ] Not Required
Growth Ma�inage ent Affected parties
Budget Acct. #::
Director /� �,1r) ti„(
Approved by: [ X ] Notified
[ ] None
City Manager [ ] Not required
op-ow-3 ?
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
REQUEST:
A request by Urban Design Studio, agent for Forest Lake Associates, L.C., for Planned
Unit Development (PUD) approval for a single family custom home development located
on a 64.47 -acre parcel at the northwest corner of the intersection of Central Boulevard
and Hood Road. Ninety -one (91) single family homes are being proposed, along with a
3,000 square -foot clubhouse. (25 06-41 S-42E)
BACKGROUND:
To the north (the proposed Benjamin High School) and south of the site are vacant
lands. To the east, across Central Boulevard, is a vacant tract which has a development
approval for a 300 -seat church (Gardens Presbyterian Church), and an undeveloped
parcel (4.07) from the WCI land sale. To the west are vacant lands and individual
single - family homes.
The property is owned by Forest Lakes Associates, L.C. The owners are proposing to
develop the site as a residential neighborhood with 91 single - family custom homes. It is
estimated that the project will have 219 residents. As an amenity to the neighborhood,
a 3,000 square -foot clubhouse, pool, and two tennis courts are planned. The proposed
development will be built in a single phase.
LAND USE & ZONING:
The subject site is zoned as a Planned Development Area (PDA), has a future land use
designation of Residential — Low Density (RL), and is listed as Residential — Low
Density (RL) on the Vision Plan with a mixed overlay /residential (MX). The applicant
wishes to rezone the site to Residential — Low Density 3 (RL -3), with a Planned Unit
Development (PUD) overlay. For a complete listing of adjacent uses, land use
designations and zoning districts, see Table 1. Table 2 examines consistency of the
proposed project with the City Code and future land use for the site.
CONCURRENCY:
The proposed project received concurrency certification on September 7, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water. The traffic
concurrency is contingent upon the provision of a left turn lane into the project for north
bound traffic, which is indicated on the site plan.
2
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
PROCEDURE:
This is a request for approval of a Planned Unit Development (PUD). It is first reviewed
by the Development Review Committee (DRC). The DRC forwards comments and
recommendations to the Planning and Zoning Commission. Acting in an advisory role,
the Commission makes a recommendation on the proposed request to the City Council.
The City Council reviews the requested PUD for consideration of approval, approval
with conditions, or denial.
PROJECT DETAILS:
Building Site
The building site totals 64.47 acres. The proposed plan will create 91 single - family
custom homes, a 3,000 square -foot clubhouse, a pool, and two tennis courts.
Site Access
The site will be accessed from Central Boulevard. The site will be gated 24 hours a
day.
Signage
Two signs on either side of the ingress /egress for the site are being proposed, along
with project identification signs on two of the corners of the site (a total of 4 ground
signs). The applicant wants to submit a sign package to the City detailing the signs at a
later date, so this approval does not include any signs.
Environmental & Buffers
The site plan for the proposed project shows that there are 10.4 acres of upland
preserve, and 90 -foot parkway buffers along Hood Road and Central Boulevard
(separating the site from these roadways). The City's Environmental Consultant has
reviewed the upland preserve shown on the site plan, and has determined that the
amount and location are acceptable (see attached fax dated January 3, 2000). The
applicant is proposing to relocate the gopher tortoises on site in the upland preserve.
Prior to the issuance of the first building permit, the applicant must submit a gopher
tortoise relocation and management plan that is acceptable to the City and the City's
Environmental Consultant.
Phasing
The proposed project will be built in one phase.
3
•. 39,
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
Waivers
The applicant has submitted waiver requests (including justification statements) for lot
coverage, specialty pavers, 9 -foot wide parking spaces at the recreational facility, an 8-
foot perimeter wall, the lack of required littoral plantings in the lake, and side and rear
setbacks that do not meet the minimum amount required on some lots (see Table 2).
The waiver requests and justification statements are attached to this report.
Entrance & Recreation Area
The applicant has submitted architectural detail of the entrance to the site (see Guard
House Elevations — sheet E1). The applicant wishes to submit at a later date, the
architectural detail for the recreation center, the landscaping detail for the entrance, and
the landscaping detail for the recreation center. Therefore these items will need to
come back to the City later for approval.
STAFF COMMENTS:
The applicant submitted revised plans and a narrative letter detailing how Staffs original
comments and concerns were addressed (see attachment). The Building Division,
Northern Palm Beach County Improvement District, and the City's Legal Department
voiced no objections to this petition. The following comments from Staff reflect the
review of this petition, including the review of the revised plans and narrative.
Engineering
City Engineer Sean Donahue has no major concerns regarding the project, other than
the fact that engineering supports the Land Development Regulation requirements that
call for 10 -foot wide parking spaces. The proposed 9 -foot wide parking spaces will
require a waiver from the City.
Florida Power and Light (FPL)
FPL does not agree (see attached letter dated December 1, 1999) with the proposed
amount of easement dedicated to them for maintenance along the western boundary of
the site (needed to maintain large power lines). This is an issue that the applicant will
have to work out with FPL (see attached comments from City Forester Mark
Hendrickson dated December 5, 1999).
Seacoast Utility Authority
Seacoast has stated that the applicant needs to resolve the easement issue for the 138
KVA FPL transmission main along the west property line, prior to site plan approval.
The City Attorney, however, has advised Planning and Zoning Staff that we cannot hold
up this petition while awaiting the resolution of a third -party dispute.
4
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
Palm Beach County School District
The School District recommends that the subject development post a notice of annual
boundary school assignments for students from this development. The School District
will provide an 11" X 17" sign to be posted in a clear and visible location in all sales
offices and models with the following information:
Notice to Home Buyers/Tenants
School age children may not be assigned to the public school closest to their
residence. School Board policies regarding overcrowding, racial balance or other
boundary policy decisions affect school boundaries. Please contact the Palm
Beach County School District Boundary Office at (561) 434 -8100 for the most
current school assignments.
The applicant, successors or assigns shall also be required to provide a bus stop pull off
(preferably completely out of the right -of -way) or a bus stop turn around in front of any
access control points or gated communities. The size and location of all such school
bus stops shall be coordinated with the City of Palm Beach Gardens, Palm Beach
County, and the School District. The applicant shall also be required to provide a bus
shelter. If the bus pull -off is located within the road right -of -way, the County Engineer
must approve it.
Planning & Zoning Division
The Planning and Zoning Division has the following outstanding concerns:
1. The applicant needs to address all the comments raised by City Forester
Mark Hendrickson in his memorandum dated January 11, 2000 (see
attached).
2. The applicant needs to submit a gopher tortoise relocation and
management plan that is acceptable to the City and the City's
Environmental Consultant.
Fire
Assistant Chief /Fire Marshal Scott Fetterman has requested that the security gates be
equipped with a Knox key switch to provide the Fire Rescue Department with
emergency access (Standard Fire Prevention Code 602.6.7).
Police
See attachment.
5 w®mm41
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
Parks & Recreation
Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid
to the City.
South Florida Water Manaqement District (SFWMD)
The City's Thoroughfare Plan calls for a road along the northern property line of this
parcel. SFWMD has raised a concern about the location of this road because it will
cross a wetland. If the road location changes, this site plan may need to be
reconfigured and, if the reconfiguration is significant, reapproved. To date, there is no
problem with the location of the road, as shown on the plans.
PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this petition as a workshop at their
December 14, 1999 meeting. The Commission reviewed several issues including
Staff's environmental concerns and the FPL right -of -way issue, and stated that the
applicant would need to satisfactorily address the concerns and comments made by
Staff. The Commission voted to place the petition on the next public hearing agenda.
The Planning and Zoning Commission reviewed this petition at a public hearing during
their January 11, 2000 meeting. The Commission stated that the applicant would need
to revise the site plans to show sequential numbering for all 91 lots on the site
(numbered 1 through 91). The Commission also stated that the applicant would need to
return to the Planning and Zoning Commission, as well as City Council, for approval of
the site plan for the proposed clubhouse, and the landscaping details for the clubhouse
and entry into the site.
CITY COUNCIL:
City Council reviewed this petition as a first reading on February 3, 2000. Council
stated that they did not want a public hearing held for this petition until a drainage
workshop could be held. Council also stated that the applicant would need to address
the following concerns prior to being heard at a public hearing:
1. Provision needs to be made for some parking near the bus pull -off so that
parents can wait and watch their children at the bus stop until the school
bus arrived to pick them up.
2. The lake maintenance easement may need to be commonly owned.
The applicant has responded by lengthening the bus pull -off by 100 feet to provide room
for approximately 5 cars, as well as the school bus. The applicant has also revised the
0
Nomm42
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
plans by changing the individually owned 32 -foot lake maintenance easement to a 20-
foot easement that is commonly owned.
A workshop on drainage, lake maintenance easements, and school bus issues was held
on February 17, 2000.
City Council held a public hearing for this petition at their March 2, 2000 meeting where
the Council continued their discussion regarding the drainage for this project. The City
Engineer suggested a condition of approval, but this condition was not acceptable to the
applicant. City Council agreed to continue the public hearing in two weeks, and told the
applicant to meet with staff to further discuss the drainage concerns. City Council also
raised several other site plan related issues, which the applicant has addressed as
noted below.
As a result of the March 2, 2000 meeting the applicant has submitted new plans that
incorporate the following:
1. A note has been added to the Master Plan indicating that ground cover or
hedges shall be added where screen enclosures abut the rear set back of
the lot.
2. The setback table on the Master Plan has been amended to indicate a 3-
foot setback at pool areas, instead of 1 foot.
3. The Master Plan has been amended to reflect 40 percent lot coverage for
all lots, instead of 45 percent. The applicant is requesting that the original
waiver request for lot coverage be amended to reflect this change, and
continued.
4. A note has been added to Landscape Sections A, C, D, & E regarding the
height of supplemental planting.
5. All landscape Sections have been modified to be more specific to plant
specifications, including plant materials along the proposed perimeter
walls.
6. The typical cul -de -sac plan has been amended to reflect proposed
plantings at the terminus of the northern and southern cul -de -sacs. Sheet
2 identifies the plantings located at the ends of the proposed cul-de -sacs.
Per requests made by City Council and the applicant, Staff has also made some
revisions to the conditions of approval to add more clarification, and added the following
new condition:
Rear elevations of all units located along public rights -of -way shall be enhanced
with the use of stucco banding, window treatments, and architectural detailing
VA
xXWn43
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
compatible with the architectural characteristics of the front elevations of the
homes.
Staff has also added the City Engineer's drainage condition that states:
No building permits except for the clearing of exotic vegetation shall be issued
until a revised Surface Water Management System for Unit 2 has received final
approval from the City of Palm Beach Gardens and all other applicable
governments and agencies, including a schedule for implementing the plan and a
definitive commitment for funding the required improvements.
As of the date of this report, City Staff has received no public comment on this project.
OUTSTANDING ISSUES:
The issue of the FPL right -of- way /easement along the western boundary of the site has
not yet been resolved.
RECOMMENDATION:
Staff recommends approval of petition PUD -99 -03 with the following conditions and
waivers (revisions are underlined in bold):
Conditions
1. Prior to the issuance of the first building permit, the applicant shall submit a
gopher tortoise relocation and management plan that is acceptable to the City
and the City's Consulting Environmental Consultant. (Planning & Zoning)
2. Prior to the issuance of the 45"' house building permit, the applicant,
successors or assigns shall install and maintain in perpetuity, the Parkway
System (including the road shoulders and median within the right -of -way)
along Hood Road and Central Boulevard, except for the portion of Central
Boulevard which Gardens Presbyterian Church is required to install. (City
Forester)
3. Prior to the issuance of the 45t�' house building permit, the clubhouse and pool
recreation area shall be completed. (Planning & Zoning)
4. Prior to the adjacent lot wall /fence being installed or constructed on the northern
and western boundaries of the site, all perimeter buffer landscaping or preserve
restoration, exotic plant removal and /or enhancement work shall be completed.
(City Forester)
E-
"ORN44 4
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
5. Prior to the issuance of the first certificate of occupancy, the applicant shall
submit the Homeowners Association (HOA) documents to the City for review by
the City's legal counsel and the City Forester. These documents will have to
be found sufficient by the City's legal counsel prior to the issuance of the first
certificate of occupancy. The open space /landscape maintenance and
environmental preserve management plan will also have to be found
sufficient by the City Forester prior to final approval of construction
drawings or commencement of land alteration. The City shall review the
HOA documents for maintenance and management language that meets or
exceeds the City's guidelines included in the City's Landscape Handbook
and City Codes. (Planning & Zoning)
6. The Home Owners Association (HOA), as required by the HOA documents, shall
maintain landscaping and irrigation within the medians and road shoulders along
the entire length of the development of Hood Road, Central Boulevard and the
future road along the northern boundary, in perpetuity, except for the portion of
Central Boulevard which Gardens Presbyterian Church is required to
install. The applicant, successors and assigns shall help maintain one half
of the median installed by Gardens Presbyterian Church. The City shall
require, as a condition of approval of any new project located on the north, south
or east of these adjacent road systems, that they bear their proportionate share
of the cost of the continued maintenance thereof. In the event a Special Parkway
District is formed by the City of Palm Beach Gardens, or another entity,
pertaining to the roadway maintenance around this project, the HOA shall
automatically become a member of said District. This condition shall also be
made a part of the HOA documents. (City Forester)
7. The security gates shall be equipped with a Knox key switch to provide the Fire
Rescue Department with emergency access (Standard Fire Prevention Code
602.6.7). (Fire Department)
8. The applicant shall return to the Site Plan and Appearance Review Committee
and City Council, for approval of the site plan and building elevations for the
proposed clubhouse, the landscaping details for the clubhouse, and the
elevations of the corner signs. This approval shall be done as a
miscellaneous petition, and shall not require a public hearing at either the Site
Plan and Appearance Review Committee level or the City Council level.
(Planning & Zoning)
9. Prior to construction plan approval, $62,500 (the money in
be paid to the City. (Parks & Recreation)
10. There shall not be any man -made berming or non - native
perimeter open spaces /parkway areas that are platted
Forester)
9
lieu of parkland) shall
vegetation within the
as preserves. (City
R®Nx45
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
11. No land clearing, other than exotic invasive vegetation, shall occur prior to the
posting of a surety bond for the preserves, common area, and off -site
landscaping. The amount of said surety bond shall be determined prior to the
issuance of the first building permit. (City Forester)
12. Pursuant to Article III, Section 114 -71, entitled "Required Subdivision
Improvements ", prior to the issuance of the first building permit, the applicant
shall be required to post a bond for the project landscaping /buffer and entry
feature. In order to determine the cost estimate for the bond, detailed landscape
plans shall be completed, reviewed and approved by the City Staff, including the
City's Environmental Consultant. Where wetlands are being converted to upland
forest, and where poor quality uplands are being restored (as in the 0.42 area B),
typical minimum - planting plans per a specific area may be approved. The
applicant shall relocate native vegetation from on site and /or install native
nursery stock to the north, south and east parkway /preserve areas in such
a way as to screen at a minimum 50% of the eight -foot interior wall around
the project. (Planning & Zoning)
13. Prior to the issuance of the final certificate of occupancy, the applicant,
successors or assigns shall provide a bus stop pull -off and shelter completely out
of the right -of -way or a bus stop turn around in front of the access control
point. The size and location of all such school bus stops shall be coordinated
with the City of Palm Beach Gardens, Palm Beach County, and the School
District. The applicant shall be relieved of this responsibility if the Palm Beach
County School Board will allow their busses to enter this community to pick -up
students at the community center. (Planning & Zoning)
14. The applicant, successors or assigns shall post a notice of annual boundary
school assignments for students from this development in a manner required by
the Palm Beach County School District. (Planning & Zoning)
15. The HOA shall maintain all lakes on the site. (Planning & Zoning)
16. Upon approval of the development order, the applicant shall secure a "Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer
Service," which shall be verified by the delivery of a fully executed copy of the
document to the Planning & Zoning Division within 30 days of granting of the
development order. (Planning & Zoning)
17. Rear elevations of all units located along public rights -of -way shall be,
enhanced with the use of stucco banding, window treatments, and
architectural detailing compatible with the architectural characteristics of
the front elevations of the homes. (Development Compliance)
18. No building permits except for the clearing of exotic vegetation shall be
issued until a revised Surface Water Management System for Unit 2 has
received final approval from the City of Palm Beach Gardens and all other
applicable governments and agencies, including a schedule for
10
hill".1
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
implementing the plan and a definitive commitment for funding the
required improvements. (City Engineer)
19. The build -out date of this project is December 31, 2004 as referenced in the
March 29, 1999 traffic impact analysis. (Planning & Zoning)
Waivers
Based on the applicant's justifications for their waiver requests, Staff also recommends
approval of the requested waivers for 40% lot coverage, specialty pavers, 9 -foot wide
parking spaces at the recreational facility, an 8 -foot perimeter wall, the lack of required
littoral plantings in the lake, and side and rear setbacks that do not meet the minimum
amount required.
11
momm47
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
East
Planned Development
Residential — High Density
Area (PDA) & Residential
(RH)
Vacant/Undeveloped Land
— High Density (RH)
& Gardens Presbyterian
Church
12
City Council
Meeting Date: March 16, 2000
Date Prepared: March 7, 2000
Petition PUD -99 -03
Consistent
Code Requirement
Proposed Plan "
Yes
Residential — Low Density
Planned Unit Development
(RL)
(PUD) — single - family
homes
Yes
Minimum Building Site
11,250 square feet
Area for RL -3:
6,500 square feet
Yes
Minimum Lot Width for
75 feet
RL -3: 65 feet
No
Maximum Building Lot
40%
(waiver)
Coverage for RL -3: 35%
Yes
Maximum Building Height
36 feet
for RL -3: 36 feet
r Yes
Front Setback for RL -3:
Front Setback:
25 feet
25 feet
No
Side Setback for RL -3:
Side Setback:
(waiver)
7.5 feet for 75' wide lots
5 feet
9 feet for 90' wide lots
No
Side Setback Facing A
Side Setback Facing A
waiver
Street for RL -3: 20 feet
Street: 5 feet
No
Rear Setback for RL -3:
Rear Setback:
(waiver)
10 feet
3 feet
g /short• pud9903.cc3.doc
rl
13
""N"��94 9
March 7, 2000
ORDINANCE 4, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF FOREST LAKE
ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF
LAND, LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF CENTRAL BOULEVARD AND HOOD
ROAD AND MORE PARTICULARLY DESCRIBED HEREIN,
FROM PLANNED DEVELOPMENT AREA (PDA) TO
RESIDENTIAL — LOW DENSITY 3 (RL -3) WITH A PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO
CONSTRUCT 91 SINGLE - FAMILY HOMES; PROVIDING
FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres
of land located at the northwest corner of the intersection of Central
Boulevard and Hood Road, to Residential — Low Density 3 (RL -3) with a
Planned Unit Development (PUD) overlay as more particularly described in
Exhibit AA- attached hereto;
WHEREAS, the 64.47 -acre site is currently zoned Planned
Development Area (PDA); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the planned unit development (PUD) known as ASan Michele -;
and
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
14
NINIVIR 5o
Ordinance 4, 2000
Date Prepared: March 7, 2000
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby rezones 64.47 acres of land owned by Forest Lake
Associates, L.C. located at the northwest comer of the intersection of Central
Boulevard and Hood Road, as more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference, from Planned
Development Area (PDA) to Residential — Low Density (RL -3) with a Planned
Unit Development (PUD) overlay, in order to allow the construction of 91
single - family homes. The PUD will be known as "San Michele."
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions which shall be the responsibility of the applicant, its
successors or assigns:
1. Prior to the issuance of the first building permit, the applicant
shall submit a gopher tortoise relocation and management plan
that is acceptable to the City and the City's Consulting
Environmental Consultant. (Planning & Zoning)
2. Prior to the issuance of the 45th house building permit, the
applicant, successors or assigns shall install and maintain in
perpetuity, the Parkway System (including the road shoulders
and median within the right -of -way) along Hood Road and
Central Boulevard, except for the portion of Central Boulevard
which Gardens Presbyterian Church is required to install. (City
Forester)
3. Prior to the issuance of the 45th house building permit, the
clubhouse and pool recreation area shall be completed.
(Planning & Zoning)
4. Prior to the adjacent lot wall /fence being installed or
constructed on the northern and western boundaries of the
site, all perimeter buffer landscaping or preserve restoration,
exotic plant removal and /or enhancement work shall be
completed. (City Forester)
5. Prior to the issuance of the first certificate of occupancy, the
applicant shall submit the Homeowners Association (HOA)
documents to the City for review by the City's legal counsel
and the City Forester. These documents will have to be found
sufficient by the City's legal counsel prior to the issuance of the
first certificate of occupancy. The open space /landscape
maintenance and environmental preserve management plan
will also have to be found sufficient by the City Forester prior
to final approval of construction drawings or commencement
of land alteration. The City shall review the HOA documents
15
ISNOW51
Ordinance 4, 2000
Date Prepared: March 7, 2000
for maintenance and management language that meets or
exceeds the City's guidelines included in the City's Landscape
Handbook and City Codes. (Planning & Zoning)
6. The Home Owners Association (HOA), as required by the HOA
documents, shall maintain landscaping and irrigation within the
medians and road shoulders along the entire length of the
development of Hood Road, Central Boulevard and the future
road along the northern boundary, in perpetuity, except for the
portion of Central Boulevard which Gardens Presbyterian
Church is required to install. The applicant, successors and
assigns shall help maintain one half of the median installed by
Gardens Presbyterian Church. The City shall require, as a
condition of approval of any new project located on the north,
south or east of these adjacent road systems, that they bear
their proportionate share of the cost of the continued
maintenance thereof. In the event a Special Parkway District
is formed by the City of Palm Beach Gardens, or another
entity, pertaining to the roadway maintenance around this
project, the HOA shall automatically become a member of said
District. This condition shall also be made a part of the HOA
documents. (City Forester)
7. The security gates shall be equipped with a Knox key switch to
provide the Fire Rescue Department with emergency access
(Standard Fire Prevention Code 602.6.7). (Fire Department)
8. The applicant shall return to the Site Plan and Appearance
Review Committee and City Council, for approval of the site
plan and building elevations for the proposed clubhouse, the
landscaping details for the clubhouse, and the elevations of the
corner signs. This approval shall be done as a miscellaneous
petition, and shall not require a public hearing at either the Site
Plan and Appearance Review Committee level or the City
Council level. (Planning & Zoning)
9. Prior to construction plan approval, $62,500 (the money in lieu
of parkland) shall be paid to the City. (Parks & Recreation)
10. There shall not be any man -made berming or non - native
vegetation within the perimeter open spaces /parkway areas
that are platted as preserves. (City Forester)
11. No land clearing, other than exotic invasive vegetation, shall
occur prior to the posting of a surety bond for the preserves,
common area, and off -site landscaping. The amount of said
surety bond shall be determined prior to the issuance of the
first building permit. (City Forester)
16
Nl &ww52
Ordinance 4, 2000
Date Prepared: March 7, 2000
12. Pursuant to Article 111, Section 114 -71, entitled "Required
Subdivision Improvements ", prior to the issuance of the first
building permit, the applicant shall be required to post a bond
for the project landscaping /buffer and entry feature. In order
to determine the cost estimate for the bond, detailed
landscape plans shall be completed, reviewed and approved
by the City Staff, including the City's Environmental Consultant.
Where wetlands are being converted to upland forest, and
where poor quality uplands are being restored (as in the 0.42
area B), typical minimum - planting plans per a specific area
may be approved. The applicant shall relocate native
vegetation from on site and /or install native nursery stock to
the north, south and east parkway /preserve areas in such a
way as to screen at a minimum 50% of the eight -foot interior
wall around the project. (Planning & Zoning)
13. Prior to the issuance of the final certificate of occupancy, the
applicant, successors or assigns shall provide a bus stop pull -
off and shelter completely out of the right -of -way or a bus stop
turn around in front of the access control point. The size and
location of all such school bus stops shall be coordinated with
the City of Palm Beach Gardens, Palm Beach County, and the
School District. The applicant shall be relieved of this
responsibility if the Palm Beach County School Board will allow
their busses to enter this community to pick -up students at the
community center. (Planning & Zoning)
14. The applicant, successors or assigns shall post a notice of
annual boundary school assignments for students from this
development in a manner required by the Palm Beach County
School District. (Planning & Zoning)
15. The HOA shall maintain all lakes on the site. (Planning &
Zoning)
16. Upon approval of the development order, the applicant shall
secure a "Seacoast Utility Authority Capacity Allocation
Commitment for Public Water and /or Sewer Service," which
shall be verified by the delivery of a fully executed copy of the
document to the Planning & Zoning Division within 30 days of
granting of the development order. (Planning & Zoning)
17. Rear elevations of all units located along public rights -of -way
shall be enhanced with the use of stucco banding, window
treatments, and architectural detailing compatible with the
architectural characteristics of the front elevations of the
homes. (Development Compliance)
17
Ordinance 4, 2000
Date Prepared: March 7, 2000
18. No building permits except for the clearing of exotic vegetation
shall be issued until a revised Surface Water Management
System for Unit 2 has received final approval from the City of
Palm Beach Gardens and all other applicable governments
and agencies, including a schedule for implementing the plan.
and a definitive commitment for funding the required
improvements. (City Engineer)
19. The build -out date of this project is December 31, 2004 as
referenced in the March 29, 1999 traffic impact analysis.
(Planning & Zoning)
SECTION 3. The following waivers are hereby granted with this
approval:
1. Maximum building lot coverage — Section 118- 200(e), which
allows a maximum building lot coverage of 35 %, to allow for up
to 40% building lot coverage.
2. Minimum width for parking spaces — Section 118- 475(a), which
requires 10 -foot wide parking, spaces, to allow for 9 -foot wide
parking spaces at the recreation facility.
3. Maximum height for walls — Section 118- 279(f)(1) which allows
a maximum wall height of 6 feet, to allow for an 8 -foot wall.
4. Minimum side setback facing a street — Section 118- 200(g)(3)
which requires a minimum setback of 20 feet for structures
facing a street, to allow for a 5 -foot setback.
5. Minimum side setback — Section 118- 200(g)(2) which requires
a minimum setback of 7.5 feet for the 75 -foot wide lots on site
and 9 feet for the 90 -foot wide lots on the site, to allow for a 5-
foot setback.
6. Minimum rear setback — Section 118- 200(g)(4) which requires
a minimum setback of 10 feet for all vertical structures, to allow
for a 3 -foot setback.
7. Littoral planting zones — Section 98 -106 which requires littoral
planting in the lakes on the site, to allow for no littoral plantings
in the lakes on the site.
8. The use of specialty pavers — the code does not address the
use of specialty pavers which means that they are not
permitted; therefore the applicant requests a waiver for the use
of specialty pavers in certain areas of the site, in place of the
City's regular pavement requirement.
18
I'IIRP5 4
Ordinance 4, 2000
Date Prepared: March 7, 2000
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City's Growth
Management Department:
1. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -1
(1 sheet total).
2. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -2
(1 sheet total).
3. March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -3
(1 sheet total).
4. November 24, 1999 Entrance Landscape Plan, Parker • Yannette
Design Group, Sheet L -1 (1 sheet total).
5. November 24, 1999 Recreation Area Landscape Plan, Parker •
Yannette Design Group, Sheet L -2 (1 sheet total).
6. October 29, 1999 Plant List, Specifications and Details, Parker •
Yannette Design Group, Sheet L -3 (1 sheet total).
7. October 29, 1999 Median Landscape Plan, Urban Design Studio,
Sheet L-4 (1 sheet total).
8. October 29, 1999 Median Landscape Plan, Urban Design Studio,
Sheet L -5 (1 sheet total).
9. October 29, 1999 Median Landscape Plan, Urban Design Studio,
Sheet L -6 (1 sheet total).
10. December 22, 1999 Plant List, Urban Design Studio, (1 sheet total).
11. March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -7 (1
sheet total).
12. March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -8 (1
sheet total).
13. October 29, 1999 Median Legend & Detail Sheet, Urban Design
Studio, Sheet L -9 (1 sheet total).
14. November 3, 1999 Recreation Center Lighting Plan, Urban Design
Studio, Sheet L -10 (1 sheet total).
15. November 24, 1999 Entrance Hardscape Plan, Parker • Yannette
Design Group, Sheet H -1 (1 sheet total).
16. October 29, 1999 Entrance Hardscape Plan, Parker Yannette
Design Group, Sheet H -2 (1 sheet total).
17. November 23, 1999 Guard House Elevations, Wessel Associates AIA,
Sheet Al (1 sheet total).
18. December 22, 1999 Upland Preserve Map, Urban Design Studio, (1
sheet total).
19. February 19, 1999 Boundary and Topographic Survey, Bench Mark
Land Surveying & Mapping, Inc., (2 sheets total).
19
"IN 44, 5
Ordinance 4, 2000
Date Prepared: March 7, 2000
20. March 3,- 2000 90' Parkway /Upland Preservation Plan A —A', Urban
Design Studio, (1 sheet total).
21. March 3, 2000 90' Parkway /Upland Preservation Section A —A', Urban
Design Studio, (1 sheet total).
22. March 3, 2000 8' Buffer Plan with 20' Proposed FPL Easement B -B',
Urban Design Studio, (1 sheet total).
23. March 3, 2000 20' Buffer Section B -B', Urban Design Studio, (1 sheet
total).
24. March 6, 2000 60' Central Boulevard Buffer Plan C -C', Urban Design
Studio, (1 sheet total).
25. March 6, 2000 60' Central Boulevard Buffer Section C -C', Urban
Design Studio, (1 sheet total).
26. March 6, 2000 100' Upland Preservation Plan D -D', Urban Design
Studio, (1 sheet total).
27. March 6, 2000 100' Upland Preservation Section D -D', Urban Design
Studio, (1 sheet total).
28. March 6, 2000 90' Parkway /Upland Preservation Plan E -E', Urban
Design Studio, (1 sheet total).
29. March 6, 2000 90' Parkway /Upland Preservation Section E -E', Urban
Design Studio, (1 sheet total).
30. March 6, 2000 100' Upland Preservation Plan F -F', Urban Design
Studio, (1 sheet total).
31. March 6, 2000 100' Upland Preservation Section F -F', Urban Design
Studio, (1 sheet total).
32. March 6, 2000 10' Buffer Plan with 20' FPL Easement G -G', Urban
Design Studio, (1 sheet total).
33. March 6, 2000 10' Buffer Section with 20' FPL Easement G -G', Urban
Design Studio, (1 sheet total).
34. December 22, 1999 Wall and Fence Location Map, Urban Design
Studio, (1 sheet total).
35. March 6, 2000 Typical Cul -De -Sac Planting (North End), Urban
Design Studio, (1 sheet total).
36. March 6, 2000 Typical Cul -De -Sac Planting (South End), Urban
Design Studio, (1 sheet total).
37. March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel
4.08), Kimley -Horn and Associates.
SECTION 5. This Ordinance shall be effective upon adoption.
20
1N41 IR 6
1
Ordinance 4, 2000
Date Prepared: March 7, 2000
PLACED ON FIRST READING THE 3rd DAY OF FEBRUARY 2000.
PLACED ON SECOND READING THIS DAY OF 200
PASSED AND ADOPTED THIS DAY OF 200.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /short:pud9903.or3.doc
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21
NAY ABSENT
"GIN"W5,�
Ordinance 4, 2000
Date Prepared: March 7, 2000
EXHIBIT "A"
ER AL. DESCRIMON
PARCEL ON CENTRAL BOULEVARD
A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE
42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF
DONALD ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL
BOULEVARD; THENCE, SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT-OF-WAY
LINE, A INSTANCE OF 3605.46 FEET FOR A POINT OF BEGINNING.
THENCE, CONTINUE SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT -0F -WAY
LINE, A DISTANCE OF 1557.97 FEET TO THE INTERSECTION THEREOF WITH THE
NORTH LINE OF SAID SECTION 36; THENCE, CONTINUE SOUTH 00 °48'04" WEST,
ALONG SAID WEST RIGHT- OF:WAY LINE, A DISTANCE OF 139207 FEET TO TIME
INTERSECTION THEREOF WITH THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD;
THENCE, NORTH 88 908'02" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A
DISTANCE OF 958.57 FEET TO THE INTERSECTION THEREOF WITH THE WEST
LINE OF SAID SECTION 36; THENCE, NORTH 00 °48`04" EAST, ALONG SAID WEST
LINE OF SECTION 36, A DISTANCE OF 1362.92 FFFTTO THE NORTHWEST CORNER
OF SAID SECTION 36; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWEST
CORNER OF SAID SECTION 25; THENCE, NORTH 01`1T32" EASY, ALONG THE
WEST LINE OF SAID SECTION 25, A DISTANCE OF 1569.35 FEET; THENCE, SOUTH
89°11'56" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE Q.F
94-tS5 FEET TO THE POINT OF BEGINNING.
22
December 22, 1999
Mr. John Lindgren
City Pl _inner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE: FRANKEL PARCEL 4.08 PUD
RESPONSE TO STAFF COMMENTS
PBG REF #(PUD- 99 -03)
OUR REF:# 19014.00
Dear John:
L..
Ee
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
In response to Sean Donahue's memorandum dated December 9, 1999 and Mark Hendrickson's
memo dated December 5, 1999, we offer the following responses. I have duplicated their
comments for reference in bold; our responses follows.
LINDAHL, BROWNING, FERRARI, & HELLSTROM
$EAN DONAHUE MEMO OF 12/9/99
11) The applicant has proposed 9 -feet wide parking spaces. We support the LDR's
requirements of 10 -feet wide spaces. The applicant will need to obtain a waiver
from the City for 9 -feet wide parking spaces.
We are requesting a waiver to allow 9 -foot wide parking spaces at the proposed
recreation facility. It is our belief that the majority of the residents will walk to the
.centrally - located recreational facility and the parking spaces will not be in demand. In
the past, the City has required the 10 -foot wide spaces for retail establishments where
there is an expected loading of goods into automobiles. Similar actions are not
anticipated at the proposed recreational facility.
GROWTH MANAGEMENT - CITY FORESTER
MARK HENDRIQK$ON M[EMQ OF 12/5/99
1) The western boundary contains a FP & L line. It is my
understanding that FP & L will be requesting a 25' wid
easement along the entire western boundary and
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD
Page 2
recommending a building set back of 31' from their lines throughout the review
process of this project. If these items materialize in the future, it may affect the site
plan and landscape plan. The petitioner is proceeding at their own risk by not
resolving these issues prior to City review and approval. I recommend a condition
of approval for the P &Z Commission and City Council, stating that if the site plan
changes, including during construction plan review, in factor of FP & L, this
petitioner shall return to P &Z Commission and City council for review and
approval.
The City has several methods of requiring a PUD amendment if there are significant
changes to the proposed FPL easements. We are continuing to work with FPL to provide
the most up -to -date information regarding the proposed easements. If a change is
mandated by a modification of the FPL easement and it exceeds the limits established in
the City's LDF, we would agree to return to the City for additional review.
2) The lakes do not have littoral plants proposed. Please provide a waiver and
justification or provide a typical planting area and its locations.
The South Florida Water Management District discourages littoral planting in lakes
where there is the possibility of water level fluctuations. Because of this, we are
requesting a waiver from the littoral planting requirement.
3) The application indicates an eight -foot tall wall. This requires a waiver and
justification.
As indicated on the landscaping cross - section and the resubmittal letter, the wall will be
six feet in height from the adjacent lot. This allows for the security that is demanded in
the marketplace for high -end communities. The proposed wall will appear as eight -feet
from the perimeter of the site. However, it is not anticipated that the wall will be seen
from the public rights -of way because of the proposed 100 -foot preserve area adjacent to
the location of the proposed wall. If a waiver is required for this wall, we hereby request
a waiver for the reasons identified above.
4) The site plan is not clear as to where the 10.9 acres of preserve is located. The
parkway must account for a large portion of the proposed preserve area. If 10.1
acres of preserve is required, I continue to have some concerns thrh 1 ice,
easements are double counted as preserve area, based on the crotg an
proposed locations of easements. For example, the master site pl q s A'
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD
Page 3
FP & L easement to be granted all along Central Boulevard, a 20' wide and 18'
wide water main easement appear to be counted as naturally vegetative areas.
Please revise the plans similar to the water main easement near the southeast corner
to less out all easements. Please less out he 10' wide area cleared for the wall as
shown in the 90' Parkway/ upland preservation plan A-A' from the preservation
acreage. Also, no berming will be permitted in a preserve.
On November 24, 1999, a plan indicating the acreages of each area of the preserve was
submitted to the City. On December 10, 1999, a graphic version of the plan was
submitted to the City. The easement areas have never been counted as part of the
preserve area. There has not been any double - counting of easements and preserve areas.
A new graphic indicating the revised upland preserve areas are submitted for your review
and information. For your additional information, only a six -inch FPL easement is
proposed along Central Boulevard. The 10 -foot area referenced on the Parkway/Upland
Preserve Plan is the additional preserve area so a 100 -foot preserve area is created along
the east and southern boundaries of the site. There is no proposed berming within the
preserve area.
5) Please explain what is meant by 10' minimum upland preserve on details A -A'
through E-E'. The exhibits indicate that the preserve would extend beyond the
proposed walls on to private lots. This is not possible or allowed by code. The
parkway and preserve can be one in the same after you subtract the easements, etc.
For example, detail E-E' has a 112' parkway between the wall and the property lien
along Hood Road. Ninety (90) feet of it could be counted towards a preserve, if no
berming, nonnative plants or permanent irrigation occurs. You may want to save
trees and plants within lots, but they cannot be counted towards preserve acreage.
Please correct.
As indicated above, the 10 -foot upland preserve area is the additional area needed to
create a 100 -foot preserve area while incorporating the 90 -foot wide parkway. The
preserve is not proposed to extend past the walls on individual lots. No berming,
nonnative plants or permanent irrigation are planned within the preserve areas.
6) The plans for the recreation area indicate future clubhouse with landscaping.
Please indicate when the clubhouse will be built and how the north side of the pool
area will be landscaped prior to clubhouse construction.
The recreational facility, including the pool, is proposed to be
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.09 PUD.
Page 4
year of the issuance of the certificate of completion for the abutting roadway. The
landscaping around the pool areas, including the north side of the pool, will be installed
at the time of clubhouse construction.
7) Please provide a typical landscape plan for water main easement or provide a hedge
next to the proposed wall.
A note has been added to the site plan indicating that the wall will be screened with
landscaping. We will work closely with the City Forester regarding this landscape
screen.
8) The landscaping in the median of Central Boulevard is a good start. The existing
sidewalk along the west side of Central Boulevard will be removed allowing for
additional room to landscape along the road shoulder as well. Please revise the
roadway beautification plan to show landscape beds in the road shoulder areas
where the new sidewalk comes out closest to the ROW line.
The landscape plan has been revised to indicate landscape beds within the right -of -way.
9) The future road along the north needs to be landscaped where possible. I will
recommend that Frankel contribute to this installation and maintenance.
It is our understanding that the Benjamin School will be constructing, landscaping and
maintaining the entire roadway on the north side of this project.
10) We should be able to condition this project so that staff reviews the construction
plans prior to construction permit for more details on the buffers and preserve
restoration.
We agree to work with the City Forester regarding more details regarding the buffers and
preserve restoration.
11) I suggest shade trees not be installed near the tennis courts for maintenance
reasons. Please rethink that design, including the vegetation proposed in the
adjacent buffer B -B'.
In the area adjacent to the tennis courts, we are modifying the perimeter
each live oak with three sabal palms.
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD,
Page 5
12) Normal lake maintenance easements (LME) are 20' wide. Please explain in a
narrative why this petition is proposing 30' and 32' wide LME. Should proposed
Lots 1 -4 have a LME associated with them similar to the rest of the project? Also,
lots 21 and 31 are connected to each other by the LME. Please indicate their
respective property limes.
In other projects within the City, the 20 -foot land scape maintenance easement is
accompanied by an area, located within the water management tract, which slopes toward
the water's edge. With the subject site, the individual lot lines are proposed to continue
to the water's edge. The lake maintenance easement is expanded in order incorporate the
"normal" 20- foot.maintenance area in addition to the sloped area leading to the water's
edge. A lake maintenance easement has been added to lots 1-4 and the property lines
have been added to lots 21 and 31. In addition, all of the lake maintenance easements
have been revised to indicate a 32 -foot width.
13) Please provide a cross - section of the proposed lake maintenance easements as they
relate to the lot grades and proposed setbacks.
A cross - section of the proposed lake maintenance easements is attached for your review.
14) I recommend that all the preserves be connected rather than fragmented and
walls/fencing be installed as to not restrict habitat corridors.
On the revised site plan, the 0.9 acre preserve area has been eliminated, per staff's
request, from the upland preserve calculations. However, in the place of thic 0.9 acrea, a
common passive park area is shown on the revised site plan. The area east, adjacent to
Central Boulevard, of the southern lake has been reconfigured to provide 0.5 acres of
additional preserve area. This provides for 10.92 acres of preserve area of which 10.5
acres of preserve is a minimum of 100 -feet wide. The fence on the western side of the
western preserve area has been removed from the site plan. In addition a 5 -foot
a1»minum fence, with a 2 -foot wall base, will be located on the eastern side of the
western preserve.
15) All lakes should have a common area around them owned by the homeowners
association (IIOA).
We are still proposing the individual lots extending to the water's edge, with!a- S*2 foot �
lake easement surrounding the lake. i city of
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD.
Page 6
16) I recommend all lakes be tracts of land that also include common maintenance
areas around them. I also recommend the setback chart include fencing, as it
relates to the proposed LME.
Fencing has been added to the site plan's setback chart. The chart has a notation
indicating that where lots are adjacent to lake maintenance easements, the setbacks will
be from the lake maintenance easement.
ENVIRONMENTAL CONSULTANT JIM SCHNELLE MEMO OF 12/13/99
(1) Listed species: Add Gopher Tortoise and pineland lily to list;
The listed species list has been updated to include gopher tortoise and pineland lily. This
will be provided under a separate cover by EW Consultants, Inc.
(2) Preserve Area Size: Applicant is providing 11.8 acres of preserve which exceeds the
Code requirement of 10.1 acres;
As indicated above, the site plan and upland preserve overlay has been modified to
indicate 10.9 acres of preserve provide. Of this amount, 10.5 acres of upland preserve
are a minimum of 100 feet in width. This exceeds the code requirement.
(3) 0.9 Acre Upland Preserve: We propose the applicant shift the 0.9 acre preserve to
the west and be contiguous with the upland preserve on the western boundary;
On the revised site plan, the 0.9 acre preserve area has been eliminated per staffs request
from the upland preserve calculations. However, in the place of this 0.9 acrea, a
common passive park area is shown on the revised site plan. The area east, adjacent to
Central Boulevard, of the southern lake has been reconfigured to provide 0.5 acres of
additional preserve area. This provides for 10.9 acres of preserve area of which 10.5
acres of preserve is a minimum of 100 -feet wide. This modification allows for a
contiguous upland preserve along the perimeter of the site.
(4) Proposed 6' -8' Wall & 6' Chain Link Fence: This creates a wilderness island and
prohibits wildlife dispersion and connection with off -site resources. PTonthe;
applicant consider utilizing the chain link fence and/or wrought iron, fece�alon'
exterior /perimeter should be eliminated. If a solid wall is utilized as the Epar l V
line, openings must be provided to allow wildlife movement for fofagin Ga,de„S��
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD
Page 7
dispersion.
The fence on the western side of the western preserve area has been removed from the
site plan. In addition a 5 -foot aluminum fence, with a 2 -foot wall base, will be located
on the eastern side of the western preserve. This will accommodate wildlife movement.
(5) Gopher Tortoise Survey: We find the applicants approach to conduct a survey
within the next 30 days acceptable;
EW Consultants, Inc. is coordinating with Mr. Schnelle regarding the provision of the
gopher tortoise survey.
PLANNING AND ZONING DIVISION COMNMNTS
JN 12/14/99 STAFF REPORT
(1) The applicant needs to submit all the necessary waiver requests (with justification
statements) for this petition, including waivers for setbacks and the wall height.
See attached Waiver Request and Justification document.
(2) The site plan needs to be revised so that the ultimate rights -of -way for Hood Road
and Central Boulevard are labeled and dimensioned.
The ultimate rights -of -way for Hood Road and Central Boulevard has been indicated on
the revised site plan.
(3) For parking purposes, please indicate on the site plan how many bedrooms these
homes will have. Also, please revise the site plan to show the required and provided
guest parking spaces.
As indicated in the previously - submitted Project Narrative, this project will feature
custom homes. Because the homes will be custom, it is not possible at this time to
provide you with the number of bedrooms proposed for each home. However, the
required number of parking spaces will be provided on each lot through the use of the
garage and driveway space. Pursuant to Section 118 -476 of the City's LDR, visits_r
parking is not required for single family homes. It is anticipated that vi,sa� .)P6 9YV
be accommodated through the use of driveway space. A note has been/add "ed to t sit
plan indicating the parking requirement and parking proposed for the,, s gl &tk i a rdt
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Mr. John Lindgren
December 22, 1999
Frankel Parcel 4.08 PUD
Page 8
This requirement and provision is one parking space per bedroom with a minimum of
two parking spaces.
(4) The applicant needs to address all the comments raised by City Forester Mark
Hendrickson in his memorandum dated December 5, 1999.
See responses above.
(5) The applicant has to resolve all environmental issues prior to this petition being
heard as a public hearing by the Planning and Zoning Commission.
The response to Jim Schnelle's December 13, 1999 memorandum is indicated above.
We believe this resolves all outstanding environmental issues.
We hope these amended plans meet with your approval and that we can be considered for the
Planning and Zoning Commission's January 11, 2000 meeting agenda for a Public Hearing. If
you have any questions regarding the attached, or need additional information, please do not
hesitate to contact me.
Sincerely,
Urban Design Studio
Hank Skokowski, AICP
Principal
cc: Tom Frankel
Harvey Geller
Greg Fagan
c:rcor IIvtotavob.\FreaketiadgrcaSuM ,cct2to99.wpe
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FILE No.406 02/00 '00 12:23 ID:Ut26AN DESIGN STUDIO FAX:5616890651
It•
WAIVER REQUESTS
PAGE 2/ 3
AND JUSTIFICATION STATEMENTS
FOR Urban Design
FRANKEL PARCEL 4,08 PUJ urban Planning
SAN MICHELE ° land Planning
(~`' d.+ ty Landscape Architecture
December 15, l 9.99 �4Q
J a ° ,mrnunkstion Graphics
v �
N „_
For your review and information are the waiver requests iustification statement for the
Frankel Parcel 4.08 PUD: !>
Specialty Pavers
We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers.
Specialty pavers allow for a higher quality entry experience and helps delineate the entrance into
a neighborhood. Not only are the pavers an attractive amenity to the neighborhood and to the
community from the public thoroughfare, but the delineation of an entrance to a neighborhood is
consistent with Crime Prevention Through Environment Design (OPTED) techniques, which is
supported by the City.
Nine -foot wide parking spaces (Sectiop 118475(a))
We are requesting a waiver to allow 9 -foot wide parking spaces at the proposed recreation
facility. It is our belief that the majority of the residents will walk to the centrally- located
recreational facility and the parking spaces will not be in demand. In the past, the City has
required the 10 -foot wide spaces for retail establishments where there is an expected loading of
goods into automobiles. Similar actions are not anticipated at the proposed recreational facility.
Eiebt -foot perimeter Wall (Section 11.8 -279 (1)(1))
We are requesting a waiver to allow for a 8 -foot wall. It should he noted that the proposed wall
will be six feet in height from the adjacent lot because of the proposed grade change. This allows
for the security that is demanded in the marketplace for high -end communities. In order not to
change the grade of the proposed preserve areas, the proposed wall will appear as eight -feet from
the perimeter of the site. However, it is not anticipated that the wall will be seen from the public
rights -of way because of the proposed 100 -foot preserve area adjacent to the location of the
proposed wall. We hereby request a waiver for the reasons identified above.
Side corner setback (Section 1.18 -200 (001D
We are proposing 15 -foot side comer setbacks for individual lots. 2000 Palm Reach takes Boulevard
The zoning designation being used for comparison purposes is RL -3 Butts 600 The concourse
West Palm Beach. Florida 334094562
551.689.0066 561.669.0551 fax
Irvine, CA 714.489.11131
'04141RC
FILE No.406 02/09 '00 12:23 ID:LRBAN DESIGN STUDIO FAX:5616890551 PAGE 3/ 3
which has a 20 -foot side corner setbacl: requirement_ This situation occurs on 12 of the proposed
91 single family lots., The proposed 15 -foot side street setback provides for more than sufficient
area for buffering andlandscaping in the side yard and is consistent with other planned
communities within the City. Setback regulations are established to provide for the separation of
structures for health and safety concerns, to allow for light and air to flow into structures and to
provide sufficient open space for a community. The requested waiver to allow for a 15 -foot side
corner setback provides for the sufficient separation of structures and allows light and air into
homes. It should also be noted that the subject project is proposing 73% open space on site,
which is in excess of the required 40 %.
Side setb4ck for the 90 foot wide lots (Section 11.8 -200 (u)(2)
We are proposing 7.5 -foot side setbacks for all lots within the proposed community. The zoning
designation being used for comparison purposes is RL -3 which has a 7.5 -foot or 10 percent of the
lot width side setback requirement. Because of the proposed 90 --wide lot, which is 25 feet wider
than the minium lot width allowed in the RL -3 district, the setback requirement is 9 feet. We are
requesting a waiver of 1.5 feet to allow for a 7.5 -foot side setback. The proposed side setback
provides for a minimum 15 foot building separation, which exceeds the 10 -foot standard
established for the Fire Department. The provides for sufficient area for landscaping and the
provision of light and air. As indicated above, the San Michele is proposing 73% open space in
the community. Forty percent open space is required for residential P1JDs.
Littoral Planting zones (Section 98 -106)
The South Florida Water Management District discourages littoral planting in lakes where there
is a possibility of water level fluctuations. Because of this, we are requesting a waiver from this
littoral planting requirement.
of Coverage
We are proposing a 45 % lot coverage on all of the proposed 91 lots. The zoning designation
being used for comparison purposes is RL -3, which has a 35% maximum lot coverage standard.
The proposed 45% maximum lot coverage is consistent with the lot coverage standards for other
high -end residential projects. For example, many of the recent approvals for individual parcels
within the BallenIsles PCD has lot coverage standards of 40 to 45 %. Ballenlsies Parcel 6A and
Parcel 7 have a maximum lot coverage of 45 %. Ballenlsles Parcel 24 has a maximum lot
coverage of 43 %. Parcel 14 has a lot coverage of 60 %. Ballenlsles Parcels 8a, 8b, and 10 have a
40% lot coverage. It is generally acceptable to have higher lot coverage standards because
additional open space are provided through the PUD and PCD regulations. The San Michele
PUD is proposing 73% open space for the site. Code requires 40% for the PLJD_ For these
reasons, we are requesting a waiver to allow for a 45% lot coverage.
Xxwm68
01/03/2000 13:31 5616227631 HOLDEN /SCHNELLF/WAT
JAMES 9: SC-14HEI I E I V E M '75-1014
Environmental Management & Engineering
8259 N. Military Trail Suite 8
PALM BEACH GARDENS, FLORIDA 33410
(562) 622.5549 FAX (561) 622-7631
TO
14r. John Lindc#en,PLwuier
City of Palm Beach Gardens
J7� K-6
0ATF—.,------Jaruiary 3,1999
SURJECr San Michele EnviMnnental
Dear John.
we have re-viewed Uie urban Design Narrative response contained It, Your transmittal
this day and hereby sign-off'on this project as described and detailed in said narrative.
Regards and best wishe.9 lor a Happy & Prosperous New Yearl
.-- SIGNEV
17-1 PLEASE RCPL Y On NO REPL Y NECESSARY
%
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0
FPL
December 1, 1999
Florida Power & Light Company, P. 0. Box 14000, Juno Beach, FL 33408-0420
Mr. Jim Norquest
Principal Planner
City of Palm Beach Gardens
11560 North Military Trail
Palm Beach Gardens, Florida 33410
RE: San Michele Development North of Hood Road
Dear Mr. Norquest:
I learned today from Mark Hendrickson of your office that the site plan for the
subject development has been re- submitted for approval by the City. Although I
do not have a copy of said plan, it has been described to me. Based on that
description, Florida Power & Light Company does not agree with the service area
shown to safely and adequately operate and maintain its transmission and
distribution facilities.
If you have any questions, please do not hesitate to call me at 691 -2126. Your
cooperation is appreciated.
Sincerely,
Ji Weeks
Corporate Real Estate
cc: John Little, Esquire
c
2 Z jbo
an FPL Group company
01 /04/00 TUE 08:13 FAX 1 407 624 2838 SEACOAST UTILITIES PBG PLAN /ZONE 0 001
Seacoast Utility Authority ,box 1O
W02
Palen Beach ra %f",
FloAda a�t,asco2
MCVnW OFFICE
January 3, 2000
VIA )FAX: 775 -1014
tdr. John C. Lindgren II
City of Palm Beach Gardens
10500 North Military 'frail
Palm Beach Gardens, FL 33410
RE: San Michelle - Frankel
Dear Mr. Lindgren:
We offer the following comments on you; transmittal dated December 29, 1999 concerning the referenced
project.
1. The proposed well site shown on the site play is too small (should by 50'x 50') and does not
appear to meet required setbacks frcm the canal on the property to the west.
2. The applicant deeds to depict proposed water and sewer lines and utility easements on the
conceptual Iandscape plans.
3. 'Ilse site plan does not depict the 20' drainage easement between lots #45 and #46.
4. The easement issue for the 138 KVA FPL transmission main along the west property line
needs to be resolved prior to site plan approval.
Please call if you require additional information.
Sincerely,
S COAST AUTHORITY
Bruce Gregg
Director of Operations
ad
cc: R. Bishop
J. Lance
S. Serra
o�
4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174
Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2800 / FAX (561) 624 -2839
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A /A\I
Memo To File
From: Mark Hendrickson, City Forester bl /a
Subject: Frankel Parcel 4.08 PUD
Date: December 5, 1999
I have reviewed the application submitted November 24, 1999. Based on information provided
at the November 23, 1999 meeting with the petitioner, I can now recommend DRC certification.
The following are my comments for the December 14, 1999 P &Z Commission meeting:
The western boundary contains a FP &L line. It is my understanding that FP &L will be
requesting a 25' wide easement along the entire western boundary and recommending a
building set back of 31' from their lines throughout the review process of this project. If
these items materialize in the future, it may affect the site plan and landscape plan. The
petitioner is proceeding at their own risk by not resolving these issues prior to City
review and approval. I recommend a condition of approval for the P &Z Commission
and City Council, stating that if the site plan changes, including during construction plan
review, in favor of FP &L, this petition shall return to P &Z Commission and City Council
for review and approval.
The lakes do not have littoral plants proposed. Please provide a waiver and justification
or provide a typical planting area and its locations.
The application indicates an eight -foot tall wall. This requires a waiver and justification.
The site plan is not clear as to where the 10.9 acres of preserve is located. The parkway
must account for a large portion of the proposed preserve area. If 10.1 acres of preserve
is required, I continue to have some concerns that utility easements are double counted as
preserve area, based on the crosshatching and proposed locations of easements. For
example, the master site plan indicates a 6' FP &L easement to be granted all along
Central Boulevard, a 20' wide and 18' wide water main easement in the northeast and
northwest corners of the project respectively, all of which appear to be counted as
naturally vegetative areas. Please revise the plans similar to the water main easement
near the southeast corner to less out all easements. Please less out the 10' wide area
cleared for the wall as shown in the 90' Parkway /upland preservation plan A -A' from the
preservation acreage. Also, no berming will be permitted in a preserve.
Please explain what is meant by 10' minimum upland preserve on details A-A' through E-
E'. The exhibits indicate that the preserve would extend beyond the proposed walls on
to private lots. This is not possible or allowed by code. The parkway and preserve can be
one in the same after you subtract the easements, etc. For example, detail E -E' has a 112'
parkway between the wall and the property line along Hood Road. Ninety (90) feet of it
could be counted towards a preserve, if no berming, nonnative plants or permanent
ag'"072
irrigation occurs. You may want to save trees and plants within lots, but they cannot be
counted towards preserve acreage. Please correct.
The plans for the recreation area indicate future clubhouse with landscaping. Please
indicate when the clubhouse will be built and how the north side of the pool area will be
landscaped prior to clubhouse construction.
Please provide a typical landscape plan for water main easements or provide a hedge
next to the proposed wall.
The landscaping in the median of Central Boulevard is a good start. The existing
sidewalk along the west side Central Boulevard will be removed allowing for additional
room to landscape along the road shoulder as well. Please revise the roadway
beautification plan to show landscape beds in the road shoulder areas where the new
sidewalk comes out closest to the ROW line.
• The future road along the north needs to be landscaped where possible. I will recommend
that Frankel contribute to this installation and maintenance.
• We should be able to condition this project so that staff reviews the construction plans
prior to construction permit for more details on the buffers and preserve restoration.
• I suggest shade trees not be installed near the tennis courts for maintenance reasons.
Please rethink that design, including the vegetation proposed in the adjacent buffer B -B'
• Normal lake maintenance easements (LME) are 20' wide. Please explain in a narrative
why this petition is proposing 30' and 32' wide LME. Should proposed Lots 1- 4 have a
LME associated with.them similar to the rest of the project? Also, Lots 21 and 31 are
connected to each other by the LME. Please indicate their respective property lines.
• Please provide a cross - section of the proposed lake maintenance easements as they relate
to the lot grades and proposed setbacks.
I may have additional review comments after the above mention items have been addressed.
There are two project design items that I recommend the City not support. The fencing off of a
preserve is not environmentally correct. Putting lake maintenance easements within lots create
future problems between homeowners and their association.
I have no problem walling in a community for security reasons, but that can be done without
affecting the flow of wildlife corridors. For example, there is no reason why the western
preserve needs an 8' tall wall and a 6' chain -link fence around it. I believe the preserves and
parkway should be an amenity for the community rather than a barrier as proposed. The City's
codes speak to this very issue in Sections 98 -69 (g) and 102 -10 (g). I recommend that all the
preserves be connected rather than fragmented and walls/fencing be installed as to not restrict
habitat corridors.
RX "x°73
Secondly, all lakes should have a common area around them owned by the homeowners
association (HOA). It is unreasonable for the future HOA to not have total control over the
maintenance of their lakes. It is also unreasonable to expect property owners to buy property that
they cannot fence off, build on, or landscape. I recommend all lakes be tracts of land that also
include common maintenance areas around them. I also recommend the setback chart include
fencing, as it relates to the proposed LME.
PD n' . 7 4
Memo To File
From: Mark Hendrickson, City Forester `J%e
Subject: PUD- 99 -03, Frankel Parcel 4.08 San Michele PUD
Date: January 11, 2000
I have reviewed the application submitted December 22, 1999. The following are my comments
and recommendations for the January 11, 2000 P &Z Commission meeting: Please note that
changes have occurred to the previously submitted conditions. These changes are
underlined and in bold print.
There continues to be some minor discrepancies between the narratives for the parkway/
preserve and the cross - section exhibits. Therefore, I recommend the following condition:
There shall not be any man-made berming or non - native vegetation within the perimeter
open spaces /parkway areas that are platted as preserves.
Due to the extremely close acreage estimates for the required and proposed upland
preserve, and the unresolved FP &L easement issue, I recommend the project's plat be
approved by City Council prior to any land clearing. I have experienced in similar
projects how the conceptual nature of the site plan and the location of the utilities have
changed prior to construction. The plat is the best way to define the boundaries needed
for clearing. Therefore, I recommend the following condition:
No land clearing, other than exotic invasive vegetation, shall occur until the bond or
surety has been posted for this project.
Due to the conceptual nature of the landscape plan exhibits "A -A" through "G -G ", I
recommend the following condition:
Pursuant to Article III, Section 114 -71, entitled Required subdivision improvements,
prior to the issuance of the building permit, the petitioner shall be required to post a bond
for the project landscaping/buffer and entry feature. In order to arrive at the cost estimate
for a bond, detailed landscape plans need to be completed, reviewed and approved by the
City staff, including the City's Environmental Consultant. Where wetlands are being
converted to upland forest, and where poor quality uplands are being restored (as in the
0.42 area B), typical minimum planting plans per a specific area may be approved.
The installation of the buffers should be conditioned as follows:
1. Prior to the issuance of the 45'' house building permit, the Parkway System, including
the median, shall be completed along Hood Road and Central Boulevard, except for that
portion of Central Boulevard required by Gardens Presbyterian Church to install.
MMYaIN 7 ,
2. Along the northern and western boundaries, all landscaping or preserve
restoration, exotic plant removal and /or enhancement work shall be completed
within preserves and buffers, prior to the adjacent lot wall/fence being installed or
constructed.
3. The Clubhouse and pool recreation area shall be completed prior to the issuance of the
45`'' house building permit.
I recommend that the petitioner's restriction that " all lots abutting private lakes shall not
build within lake maintenance easements" include all types of fencing or walls. The
condition shall read as follows:
The project's plat shall include restrictions in the lake maintenance easements (L.M.E.)
which prohibit structures, walls and fencing, but allow landscaping as permitted by the
POA, as long as there is at least 12' of unobstructed passage through the landscaping
around the entire lake.
I recommend the following condition for the public roadway landscape maintenance:
The Homeowners Association (HOA), as required by the HOA documents, shall maintain
landscaping and irrigation within the medians and road shoulders along the entire length
of the development of Hood Road, Military Trail and the future road along the northern
boundary, in perpetuity. The City shall require, as a condition of approval of any new
project located on the north, south or east of these adjacent road systems, that they bear
their proportionate share of the cost of the continued maintenance thereof. In the event a
Special Parkway District is formed by the City of Palm Beach Gardens, or another entity,
pertaining to the roadway maintenance around this project, the HOA shall automatically
become a member of said District. This condition shall also be made a part of the HOA
documents.
411"IN 7 6
PALM BEACH GARDENS POLICE
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: PUD -99 -03 Parcel 4.08 (Frankel)
REVIEWED BY: Officer E. Lovejoy
DATE: 10 -12 -99
Problems /Concerns Needs /Suggestions I Solutions
Lighting locations should
not conflict with
landscaping (to include long
term tree canopy growth).
Lighting information for
common areas not provided.
Residential design
guidelines not provided
(porch, garage, etc. details).
Restricted access into pool
area at clubhouse not
indicated
residential
Make sure lighting does not
conflict with landscaping,
especially long term tree
canopy growth.
Provide lighting
information.
Provide design guidelines.
Provide restricted access
into pool area (IE: key
control, security pad).
Good lighting serves as an
excellent deterrent to
potential criminal activity.
Will also provide visibility
for officers patrolling the
area on the night shift.
Provide lighting
information.
Provide design guidelines.
Restricted access of pool
area helps to prevent
unauthorized use of pool,
cuts down on potential
vandalism and provides
greater security and
protection to pool users,
especially children.
Visible numbering system
number system not system which is easy to will assist emergency
provided. read and not obstructed. services and others locate
residences in a timely and
efficient manner.
Define purpose of gates and
how they are to be secured.
Residential security areas of Miscellaneous: Adopting these security
potential concern. If garage has a window, measures will help to target
it should be connected harden residences for better
to alarm system. security.
Page 1 of 2
NEOP77
''" all$ �
• The inside garage door
leading into residence
should be a solid core
door and equipped with
single cylinder dead bolt
lock.
• All alarm panels should
be kept out of view
from windows.
• If front door has a side
pane window it should
be placed on the
opposite side of the door
handle and lock making
them unreachable.
• If front door has zero
visibility to front entry
way areas equip it with
an 180 degree
peephole.
• Equip all exterior doors
with security hinges.
• Entry doors to open
outward versus inward.
• Run telephone lines
underground with box
hook -up on inside of
garage versus the
exterior of the garage
where telephone line
can be cut making alarm
inoperable.
• Equip all sides of home,
to include rear porch
area, with electrical
outlets to give
homeowner the option
to install motion sensor
security lighting that
automatically turns on
by approaching
intruders or other
unwanted guests.
Page 2 of 2
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
SUBJECT /AGENDA ITEM:
Public Hearing & Second Reading for Ordinance 5, 2000, a request for an amendment to
a Planned Unit Development (PUD) to increase a residential site by 0.33 acres, and
increase the number of townhomes on the site by two (2) units.
RECOMMENDATION:
Staff recommends that Ordinance 5, 2000 be approved with conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ ] Approved
-�
c
Finan NA
ACM E 91-1100
$
Current FY
[ ] Approved w/
conditions
jk
Human Res. NA
[ ] Denied
Advertised:
Other NA
Funding Source:
[ ] Continued to:
Attachments:
Date: 3/1/00
[ ] Operating
• Ordinance 5, 2000
Paper: The Palm
p
[ ] Other
• Ordinance 5, 1999
Beach Post
• Memo from Jack
Hanson dated 1/3/00
• Letter from BellSouth
dated 5/28/99
• Letter from Hank
Skokowski dated 12/3/99
• Letter from Henry
Skokowski dated
12/22/99
• Proposed Site Plan
• Previously Approved
[ ]Not Required
Site Plan
Su��fitted o 3.05.00
Growtana
Affected parties
Budget Acct. #::
Director
[ X ] Notified
( ] None
Approved by:
City Manager
[ ] Not required
room" $ 9
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
REQUEST:
Urban Design Studio, agent for Mutual Land Development Company, is requesting
approval of an amendment to a planned unit development (PUD). The original PUD
approval was for the construction of 63 fee simple townhomes and a 1,600 square -foot
pool /pavilion building, on a 7.26 -acre site located approximately 500 feet from the
intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild
Road. This amendment will add 0.33 acres to the approved site, and result in a two (2) unit
net increase in the number of townhomes. The 0.33 acres is located immediately adjacent
to the previously approved site (on the north side). (5- 42S -43E)
BACKGROUND:
The Marina Gardens parcel (formerly known as "Soverel North Townhomes ") is a 7.59 -acre
tract of vacant land located east of the intersection of Prosperity Farms Road and Idlewild
Road. Immediately to the east of the subject site is the existing Seminole Boatyard. To
the west of the site is the existing Harbour Financial Shops commercial /office center. To
the south of the site is the Soverel Harbour Marina. To the north of the site, across Idlewild
Road, are single family detached dwelling units that are in unincorporated Palm Beach
County.
On May 30, 1997, an application was submitted for the annexation of 4.36 acres of land
into the City of Palm Beach Gardens, and for a Small -Scale Future Land Use Plan
Amendment (LUP) for 7.26 acres of land. Per the City's request, the submittal was
amended to a Large Scale LUP amendment on December 30, 1997. The southern 5.747
acres of the site was given a Residential — High Density (RH) underlying future land use
designation, while the northern 1.842 acres on the site was given an underlying future land
use designation of Residential — Medium Density (RM). These Annexation and Future
Land Use Plan petitions were approved by City Council on August 6, 1998 with the
passage of Ordinance 48, 1997 and Ordinance 4, 1998. Ordinance 5, 1999 (see
attached) was approved by City Council on February 4, 1999, approving the PUD and the
63 townhomes on the site.
The 0.33 -acre addition, located on the north- central section of the site, was annexed into
the City on August 19, 1999 (Ordinance 32, 1999); its underlying future land use
designation was changed to Residential — Medium Density (RM) on September 16, 1999
(Ordinance 33, 1999). The addition has a current zoning of Residential — Medium Density
(RM). The proposed amendment will expand the PUD overlay to include the 0.33 -acre
addition, and eliminate one townhome from the previously approved site while adding three
units to the 0.33 -acre addition to the site (net increase of two townhomes). The
amendment will also increase the number of relocated trees from 6 to 8, and alter the
perimeter wall at the project entrance to allow for better tree growth.
2
rmW=90
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
LAND USE & ZONING:
For a complete listing of adjacent uses, land use designations, zoning districts, and
consistency with code, see Tables 1 and 2.
CONCURRENCY:
The proposed project received conditional concurrency certification on October 5, 1999,
which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic
concurrency certification is conditioned on the applicant making four "house- cleaning"
revisions to their traffic analysis. The applicant revised the traffic analysis and submitted
it to the City for review; the revised traffic analysis was reviewed by the City's traffic
engineering consultant, and comments were given to the applicant. The applicant has
since responded, and the City's traffic engineering consultant is currently reviewing this
response. The requested changes, however, are not significant.
PROCEDURE:
This is a request for an amendment to an approved PUD. The request is reviewed by the
Development Review Committee, who forwards comments and recommendations to the
Planning and Zoning Commission. Acting in an advisory role, the Commission makes a
recommendation on the request to the City Council. The City Council reviews the request
for an amendment to an approved PUD, and makes a final determination of approval,
approval with conditions, or denial.
PROJECT DETAILS:
Buildinq Site
The property owner intends to develop the entire site as a residential development and to
construct high quality, upscale townhome units. The development includes 65 townhome
units, and a 1,600 square -foot pavilion building with a swimming pool for use by the
residents and their guests. The development is aimed towards a seasonal, boating
population, and will be built in one phase.
Residential Units
The townhome.units fronting the marina will be three (3) stories in height, and all interior
townhome units will be two (2) stories in height. The two (2) story townhomes will be either
2,005 square -feet (unit model "d ") or 2,025 (unit model "c ") square feet in size. The three
(3) story townhomes will be 2,950 (unit model "a ") or 3,050 (unit model "b ") square feet in
size. Twenty -seven (27) townhomes will have a view of the Soverel Marina, while most of
the remaining units will have a view of the 0.7 -acre lake located in the middle of the site.
3
IN RAIN !4,9
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
Special site features will include paver block road surfaces and garage driveways. The lots
will be sold on a fee simple basis.
Common Areas
A pavilion /pool is proposed for use by the residents and their guests. The pavilion /pool will
primarily be an open -air facility, with a loggia separating the mess and ladies
changing /restrooms. A gazebo overlooking the marina is also being proposed. All
common areas, including the pavilion /pool area, will be maintained by the homeowners
association.
Site Access
The development will be accessed from Idlewild Road and Prosperity Farms Road utilizing
an existing 24 -foot access easement. A card gate will provide security to the site.
Walkways
A sidewalk is being proposed along one (1) side of the 20 -foot access drive inside the site.
Sidewalks will also connect the townhomes with the gazebo overlooking the marina, and
connect the site to the marina walk and the Harbour Shops. As required by the Americans
with Disabilities Act (ADA), a sidewalk connects the site to the sidewalk along the south
side of Idlewild Road.
Waste Manaqement
The site will have curb -side trash pick -up.
Signage
Although the site was previously approved with two ground signs, the applicant still needs
a waiver for the second ground sign because the site does not have the minimum amount
of public road right -of -way needed for two ground signs; the site has 436 feet of public road
right -of -way and code requires 1000 feet for two ground signs (Section 110 -36).
The proposed ground signs are each 11 feet in height and 14 feet 4 inches in length, with
46 square feet of sign area and 24 -inch high lettering; all of these dimensions comply with
the City's Code of Ordinances.
Landsca pinq
Nine (9) existing oak trees will remain on site; however, eight (8) of these trees will be
relocated. Buffer trees and palms on the site shall include Live Oaks, Mahogany, Satin
Leaf, Red Bay, Gumbo Limbo, Dahoon Holly, Red Maple, Sweet Acacia, Green
Buttonwood, Pigeon Plum, Cattely Guava, Frangipani Plumeria, Southern Red Cedar, and
Sabal /Cabbage Palm. Common Area trees and palms on the site shall include Bald
Cypress, Royal Palm, Sabal /Cabbage Palm, Coconut Palm, Thatch Palm, Dactylifera
4
OF 14 VA 41s2.
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
Palm, and Reclinata Palm. The total points required for the site is 10,577, and there are
27,164.2 points being provided.
Drainage
Runoff from the property will be collected by a series of on -site inlets and directed via
culverts into a proposed dry detention area or on -site lake for water quality purposes.
Ultimately, the permitted overflow will be controlled by a weir, and will discharge through
a culvert via a private off -site easement into the Intracoastal Waterway system.
Waivers
The applicant has requested the following waivers:
1) A waiver for an additional ground sign.
2) A waiver for an 8 -foot wall (code permits 6 feet).
3) A waiver so that curbing to protect landscaping does not have to be provided.
4) A waiver to permit specialty pavers.
5) A waiver of the front setback (40 feet) to permit a front setback of 20 feet.
6) A waiver of the side setback (30 feet) to permit a side setback of 0 feet.
7) A waiver of the side (facing street) setback (30 feet) to permit a side (facing
street) setback of 0 feet.
8) A waiver of the rear setback (30 feet) to permit a rear setback of 10 feet.
STAFF COMMENTS:
The Engineering Department, the Police Department, the Fire Department, Seacoast Utility
Authority, Northern Palm Beach County Improvement District, and the Legal Department
voiced no objections to this petition.
Building Division
Building Official Jack Hanson has stated that the applicant will need a waiver for one of
the two ground signs being proposed (see attachment).
Planning & Zoning Division
The Planning and Zoning Division reviewed the plans for this proposed project, and voiced
the following comments and concerns:
1. All of the previous conditions of approval in Ordinance 5, 1999 shall be
carried over with the approval of this petition.
2. The applicant has not fully complied with condition #5 in Ordinance 5, 1999;
BellSouth has stated in a letter dated May 28, 1999 (see attachment) that
"the proposed landscape and paving would make these easements
unusable." BellSouth further states that "this easement would not meet the
5
pl, 93-
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
Public Service Commission criteria." The only alternative would be for
applicant/developer to "provide a conduit and handhole system for BellSouth
at the developer's cost." The applicant shall resolve this situation prior to
construction plan approval.
3. Although the site was previously approved with two ground signs, the
applicant still needs a waiver for the second ground sign because the site
does not have the minimum amount of public road right -of -way needed for
two ground signs; the site has 436 feet of public road right -of -way and code
requires 1000 feet for two ground signs. Staff further questions the need for
two ground signs in such close proximity of each other.
4. All perimeter PUD buffers shall be owned by the association governing the
project. This association shall be responsible for the maintenance of the wall
and landscaping as one buffer area.
5. Staff does not support the loss of the pedestrian plaza and pathway on the
north side of the lake, especially in light of the City's efforts in promoting
pedestrian - friendly environments throughout the City.
Parks & Recreation Department
The applicant will have to submit $2,066 for monies in lieu of parkland, in addition to those
monies stated in condition #8 in Ordinance 5, 1999. This additional money shall be
submitted prior to the issuance of the first building permit.
Palm Beach County School District
The School District recommends that the subject development post a notice of annual
boundary school assignments for students from this development. The School District will
provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and
models with the following information:
Notice to Home Buyers/Tenants
School age children may not be assigned to the public school closest to their
residence. School Board policies regarding overcrowding, racial balance or other
boundary policy decisions affect school boundaries. Please contact the Palm
Beach County School District Boundary Office at (561) 434 -8100 for the most
current school assignments.
APPLICANT RESPONSE:
The applicant has stated in a letter dated December 22, 1999 (see attachment) that they
question the need for a waiver for the second ground sign. The applicant feels that the
over 1,200 feet of frontage on access easements enables them to have two ground signs.
Staff disagrees with the applicant's assumption that 1,200 feet of access easements
6
wass9 4
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
entitles them to two ground signs; as stated earlier, two ground signs require 1,000 feet
of public road right -of -way (Section 110 -36), and this site only has 436 feet.
INITIAL STAFF RECOMMENDATION:
Staff recommends approval of petition PUD -99 -11 with the following conditions:
1. All of the previous conditions of approval in Ordinance 5, 1999 shall be carried over
with the approval of this petition.
2. The association governing the project shall own all perimeter PUD buffers. This
association shall be responsible for the maintenance of the wall and landscaping
as one buffer area.
3. Prior to a public hearing by City Council, the applicant shall revise the plans to
include a pedestrian plaza and pathway on the north side of the lake.
4. Prior to the issuance of the first building permit, the applicant shall submit $2,066
for monies in lieu of parkland, in addition to those monies stated in condition #8 in
Ordinance 5, 1999.
5. The applicant, its successors or assigns shall post a notice of annual boundary
school assignments for students from this development in a manner required by the
Palm Beach County School District.
Waivers
*Staff recommends denial of the requested waiver for the second ground sign because
the site does not have enough public road right -of -way frontage, and the two proposed
ground signs are extremely close to each other.
♦Based on the applicant's justifications for the remaining requested waivers (see letters
dated December 3, 1999 and December 22, 1999), Staff recommends that these be
approved (including the waivers for an 8 -foot wall, no curbing to protect landscaping,
specialty pavers, and the setback waivers).
*Staff also recommends the continuance of the waiver granted with the previous petition
(Ordinance 5, 1999), waiving the requirement of a 15 -foot landscape buffer around the
south and west boundaries of the site to permit a 5 -foot buffer (for common maintenance).
PLANNING & ZONING COMMISSION:
The Planning and Zoning Commission reviewed this petition as a workshop at their
December 14, 1999 and voiced no major concerns over this petition. The Commission
agreed to schedule the project for a public hearing.
The Planning and Zoning Commission reviewed this petition at a public hearing during their
7
MNOX95
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
January 11, 2000 meeting. The Commission unanimously recommended approval of the
petition with conditions #1, #4, and #5 recommended by Staff on the previous page. The
Commission recommended that condition #2 be reworded to state that the Homeowners
Association documents shall state that the HOA shall be responsible for maintaining
open /common space and all landscape easements and buffers on private property; a
condition should also be added requiring the applicant to receive written approval of the
HOA documents from the City's legal counsel, prior to the issuance of the final building
permit. The Commission also felt that the pedestrian plaza and pathway on the north side
of the lake was not needed, and therefore condition #3 should be removed. Both Staff and
the Commission agreed that if the applicant provided a letter from the Palm Beach County
School District stating that they did not have to provide a bus shelter or bus stop pull -off,
then condition #6 would no longer be required. Finally, the Commission recommended
approval of all the requested waivers, including the waiver for two ground signs (which they
felt would aid in directing people to the development).
CITY COUNCIL:
City Council heard this petition as a workshop at their February 17, 2000 meeting. The
Council voiced no major concerns regarding the project, as recommended by the Planning
and Zoning Commission, and passed Ordinance 5, 2000 on first reading. The Council also
indicated support for all of the requested waivers.
IaI► /_10V* 01 ulu1:03EX CAIN
The Planning and Zoning Commission recommends approval of Ordinance 5, 1999 with
the following condition and waivers:
Conditions
1. All of the previous conditions of approval in Ordinance 5, 1999 shall be
carried over with the approval of this petition.
2. The HOA shall maintain all open /common space and all landscape
easements and buffers on private property.
3. Prior to the issuance of the first building permit, the applicant shall submit (to
the Planning and Zoning Division Staff), the written approval of the HOA
documents from the City's legal counsel.
4. Prior to the issuance of the first building permit, the applicant shall submit
$2,066 for monies in lieu of parkland, in addition to those monies stated in
condition #8 in Ordinance 5, 1999.
5. The applicant, its successors or assigns shall post a notice of annual
boundary school assignments for students from this development in a
manner required by the Palm Beach County School District.
8
9 ra
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
6. Within 30 days of granting of the development order, the applicant shall
secure a "Seacoast Utility Authority Capacity Allocation Commitment for
Public Water and /or Sewer Service," which shall be verified by the delivery
of a fully executed copy of the document to the Planning & Zoning Division.
7. The build -out date of this project is December 31, 2000, as referenced in the
October 12, 1999 traffic impact analysis.
Waivers
1. Maximum number of ground signs — Section 110 -36(a) which allows only one
ground sign for sites with public road right -of -way frontage between 300 and 999
feet, to allow for two (2) ground signs for a site with 436 feet of public road right -of-
way frontage.
2. Maximum height for walls — Section 118- 279(f)(1) which allows a maximum wall
height of 6 feet, to allow for an 8 -foot wall (as shown on sheet SP -1).
3. Minimum front setback — Section 118- 202(g)(1) which requires a minimum front
setback of 40 feet on the site, to allow for a 20 -foot front setback (as shown on
sheet SP -1).
4. Minimum side setback — Section 118- 202(g)(2) which requires a minimum side
setback of 30 feet on the site, to allow for a zero -foot side setback (as shown on
sheet SP -1).
5. Minimum side setback facing a street — Section 118- 202(g)(3) which requires a
minimum side setback of 30 feet for structures facing a street, to allow for a zero -
foot side (facing street) setback (as shown on sheet SPA).
6. Minimum rear setback — Section 118- 202(g)(4) that requires a minimum rear
setback of 30 feet on the site, to allow for a 10 -foot rear setback (as shown on sheet
SP -1).
7. The use of curbing to protect landscaping — Section 98 -68(c) which requires that
curbing be used to protect landscaping on a site, to allow for landscaping that is not
protected by curbing.
8. The use of specialty pavers — the code does not address the use of specialty pavers
which means that they are not permitted; therefore the applicant requests a waiver
for the use of specialty pavers in certain areas of the site, in place of the City's
regular pavement requirement (as shown on sheet SP -1).
D
56NE9 7.
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
EXISTING USE
ZONING
LAND USE
Subject Property
Residential -Med. (RM)
Residential -Med. (RM)
Marina Gardens
& Residential -High (RH)
&
Townhomes
with a Planned Unit
Residential -High (RH)
Development (PUD)
Overlay
North
Residential-
Urban
Single Family Homes &
Single Family
Residential -2 & 3
Prosperity Bay Village,
(RS)
(UR -2 & UR -3)
in Unincorporated
Palm Beach County
South
General Commercial
Commercial
Soverel Boat
(CG -1)
(C)
Yard & Marina
East
Industrial
Industrial
Seminole Boatyard
(IL)
(IND)
in Unincorporated
Palm Beach County
East
General Commercial
Commercial
Seminole Boatyard
(CG -1)
(C)
in City of P.B.G.
West
General Commercial
Commercial
The Harbour Shoppes
(CG -1)
(C)
10
V.IN"n9 8
City Council
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
Petition PUD -99 -11
g /short: pud9911.cc3.doc
/jl
11
R®M0199
r li 1- 11
Proposed Plan
Code Requirement
p
Gonsistent�
' Residential -
Planned Unit Development
I
Townhomes
(PUD) - Residential Medium
Yes
& High (RM & RH)
26.5%
Maximum Building Lot
Coverage for RH: 35%
Yes
Building Height:
Max. Building Height:
41.0 feet
RH = 45 feet
Yes
Front Setbacks:
Min. Front Setbacks:
20 feet
RH = 40 feet
No (waiver)*
Side Setbacks:
Min. Side Setbacks:
0 feet
RH = 30 feet
No (waiver)
Side (facing street)
Min. Side (facing street)
Setbacks: 0 feet
Setbacks:
No (waiver)
RH = 30 feet
Rear Setbacks:
Min. Rear Setbacks:
10 feet
RH = 30 feet
No (waiver)*
"previously approved as
deviation, but not included in
Ordinance 5, 1999
g /short: pud9911.cc3.doc
/jl
11
R®M0199
CITY OF PALM BEACH GARDENS
Growth Management Department /Building Division
MEMORANDUM
Date: January 3, 2000
To: John Lindgren — Plann )
From: Jack Hanson — Building Official
Subject: PUD -99 -11 —Marina Gardens Site Signage
have examined the drawings and documents for the above project and in my opinion and
interpretation, a variance for the signage is necessary by council under the PUD. Good
planning techniques question the need for the south sign facing north as the traffic has
already entered the site at the gatehouse. Is the existing south gate to be used as a primary
entrance or for emergency traffic only? I will continue to monitor the project as it nears the
permit issuance phase.
a
"Ju
.140100
December 3, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE: MARINA GARDENS LOT 8 PUD AMENDMENT
RESPONSE TO DRC COMMENTS
PBG REF #(PUD- 99 -11)
OUR REF:# 17011.16
Dear John:
a e ban
s�gn
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
In response to comments made by the Development Review Committee members at its
November 24, 1999 meeting, we offer the following responses. I have duplicated their
comments for reference in bold; our responses follows.
JOHN LINDGREN MEMORANDUM OF 11124/99
1) Please revise the site plan to show the line delineating the two different land uses on
the site (Residential - Medium and Residential - High).
The site plan has been revised to indicate the future land use designation line.
2) Please submit all waiver requests with their justification statements, including
waivers for setbacks and the wall height for the % -foot wall section.
We request a waiver to allow for the proposed % -foot wall along the eastern buffer of the
site. This wall will help shield and buffer the Marina Gardens PUD from impacts from
the adjacent boatyard
We also request waivers from the setback requirements outlined in Section 118 -201 for
the units located in Lot 8. Identical to what was proposed and approved with the original
Marina Gardens PUD, the proposed multi- family units are located on lots in a
condominium fashion. The residential building proposed f
the Lot 8 amendment area is surrounded by common]. 6
owned area. This is consistent with the original P py
approval and continues the character of the project 0,2000 P Beach Lakes Boulevard
M apt a 60 he Concourse
'� We" st Pa each, Florida 33409 -6582
0 -N \01.689. 6 561.689.0551 fax
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MINI 0 1
Mr. John Lindgren
Marina Gardens Lot 8 PUD Amendment
DRC Response
December 3, 1999
Page 2
BRUCE GREGG MEMORANDUM OF 10/21/99
1) The applicant needs to depict proposed water and sewer lines on the landscape
plans.
We are currently working with the Seacoast Utility Authority on the permitting of water
and sewer lines with the original Marina Gardens PUD. We anticipate addressing these
comments during the permit phase for the proposed Lot 8 amendment.
)MARK HENDRICKSON MEMORANDUM OF 10/27/99
1) Not providing curbing to protect vegetation requires a waiver from Section 98 -68
(c). This waiver was approved in the Marina Gardens PUD previously. I have no
objections to the waiver continued with this petition.
We request a waiver from this requirement in order to be consistent with the original
PUD approval.
2) This petition opens up the entire PUD for review based on Section 98 -137. With the
previous approval, PUD- 98 -06, I red - flagged a concern about project buffers being
part of private lots. Landscape easements on private property, but dedicated to
homeowner associations for buffer purposes, have continued to be a source of
aggravation and headache for HOAs, homeowners and City staff. At best, it is
difficult to enforce.
Condition #7 of Ordinance 5, 1999, which approved Marina Gardens PUD, required that
the plat "include a 15 -foot wide landscape easement for common maintenance along the
east boundary of the site and a five -foot landscape easement for common maintenance
along the south and western boundaries of the project." Per this condition, the proposed
plat indicates the required landscape maintenance easements. The proposed amendment
site plan also indicates the required landscape maintenance easements. We are requesting
that we continue to adhere to the above - referenced condition.
ANGELA 1USHFR'S MEMORANDUM QF OCTOBER 25.1999 5 i
It is anticipated that any schoolchildren who live within the Gard PUD
access the bus along Idlewild Road with the children from the acenf;19.
G:\ 00MM0NVobs\Merin&Gerdaas\L0T9\DR Ca Vt
c'1Lesp.113o99.wpd pLpNN1NG
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1� E ®1 Q
Mr. John Lindgren
Marina Gardens Lot 8 PUD Amendment
DRC Response
December 3, 1999
Page 3
will accept the School Board's notice of annual boundary school assignments in the sales
office.
At the DRC meeting, staff indicated that they were recommending that a pedestrian connection
north of the proposed lake needs to be included with the revised site plan. We respectfully
request that this connection would receive very little use and is not needed in this seasonal
community. Because of the limited, if any, use anticipated for the walkway, we are not
proposing a walkway in this location. However, it should be noted that there is considerable
pedestrian connections throughout the project.
In addition, the lighting plan has been amended to indicate additional lighting fixtures. The
additional light poles will have a reduced wattage than what was originally approved. The
wattage has been reduced from 175 watts to 100 watts. We believe this is more consistent with a
residential neighborhood while provide adequate and code compliant lighting levels.
We hope these _amended plans meet with your approval and that we can be considered for the
Planning and Zoning Commission's December 14, 1999 meeting agenda. If you have any
questions regarding the attached, or need additional information, please do not hesitate to contact
me.
Sincerely,
Urban Design Studio
Hank Skokows , AK
Principal
c: Max Fricker
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December 22, 1999
Mr. John Lindgren
City Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Pa1m Beach Gardens, FL 33410
RE: MARINA GARDENS LOT 8 PUD AMENDMENT
REVISION TO PROVIDE SITE SIGNAGE DETATLS
PBG REF.:# PUD -99 -11
UDS REF.: #17011.16
Dear John,
Al
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
Pursuant to our discussion, we are submitted the site signage details for the Marina Gardens
Planned Unit Development (PUD) for the your consideration with the current PUD amendment
petition.
The Marina Gardens PUD was approved by City Council on February 4, 1999 through the
adoption of Ordinance 5, 1999. The approved site plan indicated project signage along Idlewild
Road and at the project entrance from the shared access drive. The signage details attached are
consistent with the City Sign Code and the approved PUD site plan.
During our discussion, you questioned whether a waiver would be needed regarding the provision
of two project signs. Please note that the project is adjacent to + 1,650 linear feet of frontage on
public rights -of -ways and access easements. The + 1,200 feet of frontage on access easements to
the west and south of the project is comparable to access
easement/roadways which serve residential pods within a private,
gated comrnnnity. We, therefore, submit that waiver is not required '
for the two signage locations indicated on the approved site plan. ' 20(�QaP�alm Beach Lakes Boulevard
SO4'6 0 The Concourse
t h Florida 33409 -6582
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However, if a waiver is required, we request a waiver. The two sign locations, approved as part
of the original PUD, provides clear identification of the location of the project and direction into
the project entrance for homeowners and guests. The elimination of one of these signs would not
provide the clear identification and direction.
Should you have any questions regarding the signage package, please feel free to contact me,
Sincerely,
Urban Design Studio
Henry Skokowski, AI
Principal
c: Max Fricker
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February 23, 2000
ORDINANCE 5, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF THE APPLICATION OF MUTUAL LAND
DEVELOPMENT COMPANY FOR AN AMENDMENT AND
EXPANSION OF A PREVIOUSLY APPROVED PLANNED
UNIT DEVELOPMENT BY REZONING 0.33 ACRES OF
LAND LOCATED APPROXIMATELY 500 FEET TO THE
EAST OF THE INTERSECTION OF PROSPERITY FARMS
ROAD AND IDLEWILD ROAD, MORE PARTICULARLY
DESCRIBED HEREIN, TO RESIDENTIAL — MEDIUM
DENSITY (RM) WITH A PLANNED UNIT DEVELOPMENT
'OVERLAY AND ADDING THE 0.33 ACRES TO THE 7.26
ACRE "MARINA GARDENS" SITE SO AS TO ALLOW FOR
THE CONSTRUCTION OF A TOTAL OF 65 TOWNHOME
UNITS; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Mutual Land Development Company for approval to rezone 0.33 -acres
of land located approximately 500 feet to the east of the intersection of
Prosperity Farms Road and Idlewild Road, to Residential — Medium Density
(RM) with a Planned Unit Development (PUD) overlay, and to add the 0.33
acres to the 7.26 -acre "Marina Gardens" site in order to construct a total of
65 townhomes on the 7.59 -acre site, as more particularly described in Exhibit
"A" attached hereto; and
WHEREAS, the original 7.26 -acre "Marina Gardens" site is currently
zoned Residential — Medium Density (RM) and Residential — High Density
(RH), with a Planned Unit Development (PUD) overlay; and
WHEREAS, the 0.33 acres of land was formerly located within
unincorporated Palm Beach County and currently has a City zoning
designation of Residential — Medium Density (RM); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
11
semi 08
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment and expansion of the planned unit development
(PUD) known as "Marina Gardens "; and
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby rezones 0.33 acres of land owned by Mutual Land
Development Company located approximately 500 feet from the intersection
of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild
Road, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference, from Residential — Medium Density
(RM) to Residential — Medium Density (RM) with a Planned Unit
Development (PUD) overlay.
SECTION 2. The City Council of the City of Palm Beach Gardens
hereby approves the amendment to the previously approved 7.26 -acre
"Marina Gardens" site, reducing the number of units on the site from 63 to
62, and combining the 7.26 -acres with the aforementioned 0.33 acres of land
in order to construct three additional units for a total of 65 townhomes on the
7.59 -acre site. The amended and expanded PUD will continue to be known
as "Marina Gardens."
SECTION 3. Said Planned Unit Development is approved subject to
the following conditions which shall be the responsibility of the applicant, its
successors or assigns:
1. All of the previous conditions of approval in Ordinance 5, 1999
shall be carried over with the approval of this petition.
(Planning & Zoning)
2. The HOA shall maintain all open /common space and all
landscape easements and buffers on private property.
(City Forester)
12
"Im" i 09
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
3. Prior to the issuance of the first building permit, the applicant
shall submit (to the Planning and Zoning Division Staff), the
written approval of the HOA documents from the City's legal
counsel. (Planning & Zoning)
4. Prior to the issuance of the first building permit, the applicant
shall submit $2,066 for monies in lieu of parkland, in addition
to those monies stated in condition #8 in Ordinance 5, 1999.
(Planning & Zoning)
5. The applicant, its successors or assigns shall post a notice of
annual boundary school assignments for students from this
development in a manner required by the Palm Beach County
School District. (Code Enforcement)
6. Within 30 days of granting of the development order, the
applicant shall secure a "Seacoast Utility Authority Capacity
Allocation Commitment for Public Water and /or Sewer
Service," which shall be verified by the delivery of a fully
executed copy of the document to the Planning & Zoning
Division. (Planning & Zoning)
7. The build -out date of this project is December 31, 2000, as
referenced in the October 12, 1999 traffic impact analysis.
(Planning & Zoning)
SECTION 4. The following waivers are hereby granted with this
approval:
1. Maximum number of ground signs — Section 110 -36(a) which
allows only one ground sign for sites with public road right -of-
way frontage between 300 and 999 feet, to allow for two (2)
ground signs for a site with 436 feet of public road right -0f - -way
frontage.
2. Maximum height for walls — Section 118- 279(f)(1) which allows
a maximum wall height of 6 feet, to allow for an 8 -foot wall (as
shown on sheet SPA).
3. Minimum front setback — Section 118- 202(g)(1) which requires
-a minimum front setback of 40 feet on the site, to allow for a
20 -foot front setback (as shown on sheet SP -1).
4. Minimum side setback — Section 118- 202(g)(2) which requires
a minimum side setback of 30 feet on the site, to allow for a
zero -foot side setback (as shown on sheet SP -1).
5. Minimum side setback facing a street — Section 118- 202(g)(3)
which requires a minimum side setback of 30 feet for
structures facing a street, to allow for a zero -foot side (facing
13
anal 1
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
street) setback (as shown on sheet SP -1).
6. Minimum rear setback — Section 118- 202(g)(4) that requires a
minimum rear setback of 30 feet on the site, to allow for a 10-
foot rear setback (as shown on sheet SP -1).
7. The use of curbing to protect landscaping — Section 98 -68(c)
which requires that curbing be used to protect landscaping on
a site, to allow for landscaping that is not protected by curbing.
8. The use of specialty pavers — the code does not address the
use of specialty pavers which means that they are not
permitted; therefore the applicant requests a waiver for the use
of specialty pavers in certain areas of the site, in place of the
City's regular pavement requirement (as shown on sheet SP-
1).
SECTION 5. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City's Growth
Management Department:
Official Exhibits:
1. January 14, 2000 Site Plan, Urban Design Studio, Sheet SP -1 (1
sheet total).
2. January 18, 2000 Tree Relocation Plan, Urban Design Studio, Sheet
L -1 (1 sheet total).
3. January 18, 2000 Landscape Plan, Urban Design Studio, Sheet L -2
(1 sheet total).
4. April 29, 1999 Landscape Detail Plans, Urban Design Studio, Sheet
L -3 (1 sheet total).
5. April 29, 1999 Detail Buffer Segments, Urban Design Studio, Sheet
L-4 (1 sheet total).
6. January 18, 2000 Landscape Detail Plans, Urban Design Studio,
Sheet L-4 (1 sheet total).
7. December 22, 1999 Entry Feature Details, Urban Design Studio,
Sheet L5 (1 sheet total).
8. December 22, 1999 Entry Feature Details, Urban Design Studio,
Sheet L6 (1 sheet total).
9. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet
LS (1 sheet total).
10. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet
LS2 (1 sheet total).
11. December 9, 1999 Landscape Plan, Urban Design Studio, Sheet LS3
(1 sheet total).
14
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
12. December 17, 1999 Landscape Plan, Urban Design Studio, Sheet
LS4 (1 sheet total).
13. December 17, 1999 R.O.W. Landscape Plan, Urban Design Studio,
Sheet LS -3 (1 sheet total).
14. December 9, 1999 R.O.W. Landscape Plan, Urban Design Studio,
Sheet LS-4 (1 sheet total).
15. July 23, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -5
(1 sheet total).
16. June 10, 1999 Plant Detail Sheet, Urban Design Studio, Sheet LS -6
(1 sheet total).
17. December 22, 1999 Hardscape Details, Urban Design Studio, Sheet
HD1 (1 sheet total).
18. January 18, 2000 Wall Elevations, Quincy Johnson Associates, Sheet
A -1 (1 sheet total).
19. September 30, 1999 Photometric Plan, Lighting Dynamics, Inc., (1
sheet total).
20. October 12, 1999 Traffic Impact Analysis prepared for Max Fricker,
prepared by Pinder Troutman Consulting, Inc.
Supporting Documents:
1. May 6, 1999 Civil Site Improvements Plan Cover Sheet, EnviroDesign
Associates, Inc., (1 sheet total).
2. April 29, 1999 Paving and Drainage Plan, EnviroDesign Associates,
Inc., Sheet 1 of 7 (1 sheet total).
3. April 29, 1999 Water & Wastewater Plan, EnviroDesign Associates,
Inc., Sheet 2 of 7 (1 sheet total).
4. April 29, 1999 Paving and Drainage Details, EnviroDesign Associates,
Inc., Sheet 3 of 7 (1 sheet total).
5. April 29, 1999 Potable Water Standard Details, EnviroDesign
Associates, Inc., Sheet 4 of 7 (1 sheet total).
6. April 29, 1999 Potable Water Standard Details, EnviroDesign
Associates, Inc., Sheet 5 of 7 (1 sheet total).
7. April 29 1999 Wastewater Standard Details, EnviroDesign
Associates, Inc., Sheet 6 of 7 (1 sheet total).
8. April 29, 1999 Wastewater Profiles, EnviroDesign Associates, Inc.,
Sheet 7 of 7 (1 sheet total).
9. November 5, 1998 Boundary Survey for Mutual Land Development
Corporation, Wallace Surveying Corporation, Sheets 1 of 2 and 2 of
2 (2 sheets total).
SECTION 6. If any section, paragraph, sentence, clause, phrase, or
15
WNPr 1 12
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 7. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 8. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 200.
PLACED ON SECOND READING THIS DAY OF 200
PASSED AND ADOPTED THIS DAY OF 200.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
16
WN20113
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
APPROVED AS-TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /short:pud9911.orldoc
/jI
17
pip 114
Ordinance 5, 2000
Petition PUD -99 -11
Date Prepared: February 23, 2000
EXHIBIT "A"
A parcel of larhrt in late Northeartt Quarter of Section S. Township 42 Gouth, Range 43
Bast., PA1.21 13M.11 County, Florida, more particttlArly dencribed an follows:
From the Northuttot corner of nald Soutlou 5, run tbonce South 02 401'47" (lent on the
East line of 441d Section 5, a diatfuleo of 1644.62 feet; tlttnre curl North 613 °31'05"
Heat, a distance of 1628.90 feet; theme run South 01 °30'54" Weat, a dlotance of
380.115 feet to the Point of Beginning of LAIC parcel ltereln described; thence oontintle
South 01 °30'64" Weat, a diatance of 90 feet: thence run North 00.29'00" Weat, a
dlettulce of 175.0 feet; thenoe ruts North 01 °30'54" East, a distetice of 90 feet;
thence run Soutlt 88 °29'06" East, a distance of 175,0 feet to the Point of Beginning.
Subject to Eaoomeut for tttllitice over t11e Eant 6 foot and the North 0 feet thereof.
Mid easement for road ilfght• -of -tray purpoueo over the following deocrlbed ot.rlp of
Jand: Beginning at the Nort•Iweot corner of the above pti.reel; thence runt South
88'29'00" Gnat, a dlntanco of 30 feat; thattce vim South 01 °30'54" 6Jeat, a distance of
70.0 feet to a Ixrint on it ourvo, concave to tbo Southwest and having a radJ.us of 50
feet; thence run 5outheanterly can the arc of staid cutwe, a distance of 25.79 foot;
t•helree rtut North 88'29'06" Woot•, a.dJ.atance of 45.83 feet; thence run North 01'30'54-
East. a dlat•ancn of 90 feet to the Point of Llegtmtl.ng.
iUP
Ww"115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF HIGH FIELD LTD.
FOR REZONING OF 7.26 -ACRES OF LAND LOCATED
APPROXIMATELY 500 FEET TO THE EAST OF THE
INTERSECTION OF PROSPERITY FARMS ROAD AND
IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD
ROAD TO A PLANNED UNIT DEVELOPMENT -
RESIDENTIAL, IN ORDER TO CONSTRUCT 63
TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING
FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd.
for approval for rezoning of 7.26 acres of land located approximately 500 feet to the east of the
intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road to a
Planned Unit Development - Residential (PUD/R) as more particularly described in Exhibit "A"
attached hereto;
WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm
Beach County currently has a County zoning designation of Residential - Single Family (RS), and the
remaining 2.9 acres has a City zoning designation of General Commercial (CG -1);
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is sufficient;
WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to the City
of an area of 4.36 acres of real property known as "Soverel North";
WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently
process a comprehensive plan amendment and an application for a planned unit development order;
WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan
amendment, changing the property from a Palm Beach County Land Use Designation of Urban
Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations
of Residential High (RI) and Residential Medium (RM);
WHEREAS, the City's Growth Management Department has recommended approval of
"Marina Gardens" ; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is consistent with the City's Comprehensive Plan and Land Development
Regulations.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the application of High Field Ltd. for a PUD/RM & RH of 7.26 acres located
approximately 500 feet to the east of the intersection of Prosperity Farms Road and.Idlewild
Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached
hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential -
Medium & Residential -High, in order to construct 63 townhomes to be known as Marina
Gardens.
SECTION 2. The following waiver is hereby granted with this approval:
A waiver of Section 118- 279(h)(1)a requesting that the required 15 foot landscape buffer around
the south and west boundaries of the site, be reduced to 5 feet in width (for common
maintenance).
SECTION 3. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors and/or assigns:
1. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the
construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild
Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer)
2. Prior to issuance of the first building permit, the applicant shall provide approved permits
from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway,
curb & gutter, etc.) required by Palm Beach County. (City Engineer)
3. Prior to issuance of the first building permit, the applicant shall replat the subject property
and demonstrate the abandonment of the existing easements. (City Engineer)
4. Prior to construction plan approval, the applicant shall submit certified structural
drawings and calculations for the proposed walls, bulkheads, and fountain design.
(City Engineer)
5. Prior to construction plan approval, the applicant shall provide a letter of authorization
from the utility owners allowing the applicant to landscape and pave within the utility
easements. (City Engineer)
2
■wwJ J 7
6. No screen enclosures shall be permitted for the townhomes.
(Planning & Zoning Division, Code Enforcement)
7. The plat shall include a 15 -foot wide landscape easement for common maintenance along
the east boundary of the site, and a five -foot landscape easement for common
maintenance along the south and western boundaries of the project.
(Planning & Zoning Division)
8. The monies in lieu of recreation land dedication due total $65,083 and are required to be
payed prior to the issuance of the fast Building Permit. This sum shall serve as the
project's recreation impact fees. (Building)
9. The gate system used or ingress/egress to the site, shall be open during special events,
where traffic into and out of the site is significantly increased. (Code Enforcement)
10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its
successor and/or assigns shall submit a detailed landscape and sidewalk plan for Idlewild
Drive that has been approved by Palm Beach County. (Planning & Zoning Division)
11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping
and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance'of said
landscaping and sidewalk shall be maintained by the applicant, and its successors and/or
assigns. (Planning & Zoning Division)
12. Prior to the first issuance of a Building Permit, the northerly perimeter wall or a
comparable construction barricade acceptable to the City, adjacent to Idlewild Drive,
shall be completed. (Planning & Zoning Division)
13. When the water and sewer utility lines are installed for the project, the lines shall include
"stub- outs" to the adjacent lots. (Engineering)
14. The applicant shall maintain all landscaping associated with the approval of this petition
and/or as conditioned in this Development Order using the minimum recommended turf
management practices and horticultural practices as outlined in the City's Maintenance_
Standards for Mowing and J andscaping, when said standards are approved by the City.
(Planning & Zoning Division)
15. The applicant, and its successors and/or assigns shall notify all fixture townhome owners
of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the
sales contract that the property immediately to the north of the site (single family
residential), and the property to the northeast of the site (the Seminole Boatyard), are
properties that have not been incorporated into the City of Palm Beach Gardens. The
notification shall further state that these properties are under the jurisdiction of Palm
3
W XR 4R f 18
Beach County. Prior to issuance of the first building permit, said contract shall be
submitted to the City Staff for verification. (Code Enforcement).
16. The home owners association documents shall include language stating that the garages
shall be used to park vehicles, and shall not be modified for living or storage only space.
Said documents shall be submitted to City Staff for verification prior to the issuance of
the first building permit. (Code Enforcement)
SECTJQN 4. Construction of the Planned Unit Development shall be in compliance with
the following plans on file with the City's Growth Management Department:
1. February 2, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet).
2. January 26, 1999 Landscape Plans, Urban Design Studio, Sheets L -1, L -2, L -3,
and L -8 (4 sheets total).
3. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L -4, L -5, L -6,
L -7, and L -9 (5 sheets total).
4. January 26, 1999 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet
1 of 2 (1 sheet total).
5. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc.,
Sheet 2 of 2 (1 sheet total).
6. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1 and
A -2 (2 sheets total).
7. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson
Associates, Inc., Sheets A -3 through A -16 (14 sheets total).
8. December 31, 1998 Photometric Plan, (1 sheet total).
9. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet
total).
10. May 29, 1997 Boundary Survey, Wallace Surveying Corporation, (2 sheets
total).
n
no 1K I 19,
SECTION 5. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS P/ DAY OF _ , 1999.
U o
PLACED ON SECOND READING THIS. 4 DAY OF �� 1999.
PASSED 4DI THIS DAY OF , 1999 '
RUSSO
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. SIER, CCjjMC, CI CLERK
U�,
COUNCILMAWCARL SABATELLO
CO ILMAN ERIC J L
COUNCILMAN DAVID CLARK
VOTE: AYE NAY
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
5
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
CITY ATTORNEY
►f1
Exhibit «Nt
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
SUBJECT /AGENDA ITEM:
Public Hearing & Second Reading for Ordinance 6, 2000, a request for an amendment to the
Regional Center Medical Mall Planned Unit Development (PUD) for the construction of two 6-
story professional office buildings and a 6 -story parking structure, to be known as Gardens
Corporate Center.
RECOMMENDATION:
Staff recommends that Ordinance 6, 2000 be approved with conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
ACM (&'2 3IgI tm
$
[ ] Approved w/
L
W /
FFF//
Current FY
conditions
Finance NA
(/
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 2/16/00
[ ] Operating
Paper: The Palm
[ ] Other
• Ordinance 6, 2000
• Resolution 118, 1994
Beach Post
• Resolution 164, 1996
• Drainage update dated
10/11/99
• Kimley -Horn traffic
letter dated 6/30/99
• MacArthur Foundation
letter dated 4/20/99
• Crime matrix
• Oliver.Glidden letters
dated 9/3/99, 9/20/99,
10/4/99, 10/26/99,
12/3/99, & 1/4/00
• Site plans
• Previously approved
site plan
Subs %miiittt/ee 1 �vJ'
GroJ4th "Nt in eme t Dir ctor
Affected
Budget Acct. #::
parties
[ X ] Notified
( ] None
Approved by:
City Manager
[ ] Not required
VA
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
REQUEST:
Oliver — Glidden & Partners, Inc., agent for an ownership consortium, is requesting a
planned unit development amendment for a 15.6 -acre site located at the northeast
corner of PGA Boulevard and Alternate A1A. The proposed amendment includes two
(2) six story office buildings (totaling 223,943 square feet) with a separate parking
structure. The applicant is also requesting the deletion or amendment of conditions #9,
#12, and #13 of Resolution 118, 1994. (6- 42S -43E)
BACKGROUND:
The site is located within the Regional Center Planned Community District (PCD), which
was created through the adoption of Resolution 9, 1984. The Regional Center was a
DRI.
This site was originally approved by Resolution 118, 1994 (see attachment), and
referred to as the "Mediplex ". Resolution 21, 1995 approved the plat for the site. The
project was subsequently amended through Resolution 89, 1995 (amending the exterior
architectural finishes to the buildings), Resolution 69, 1996 (modifying the exterior
architectural finishes to the buildings), Resolution 124, 1996 (amending the signage),
and Resolution 164, 1996 (see attachment).
The amended plan included two phases. The first phase has been constructed and
includes two buildings: 1) a 10 -story medical office building and parking garage
(totaling 184,057 square feet), and 2) a 3 -story skilled nursing facility with 120 beds
(totaling 70,000 square feet). The approved second phase called for the construction of
a 10 -story medical office building (totaling 223,943 square feet) and a parking structure
with 965 spaces.
This proposed amendment will affect phase 2 only. The 223,943 square -foot medical
office building and parking structure will be replaced with two 6 -story professional (80 %)
and medical (20 %) office buildings (each 111,972 square feet in size), and a 6 -story
parking structure with 906 spaces.
The subject site is zoned as a Planned Community District (PCD) with a Planned Unit
Development (PUD) overlay, and has a future land use designation of Professional
Office (PO). The site is also part of the Regional Center DRI. The applicant wishes to
maintain the PCD zoning, the PUD overlay, and the PO future land use designation.
For a complete listing of adjacent uses, land use designations and zoning districts, see
2
raw l 23
City Council
Meeting Date: March 16, 2000
Date Prepared. March 6, 2000
Petition PUD -99 -12
Table 1. Table 2 examines how consistent the proposed project is with the City Code
and future land use for the site.
CONCURRENCY:
Because the proposed amendment does not exceed the previously- approved capacity
for the site, it remains vested in regards to its concurrency. The original approval would
generate 13,489 vehicular trips per day, while the proposed revised plan would
generate 10,507 daily trips. The proposed plan would thus result in a net decrease in
daily traffic of 2,982 trips, which will permanently be lost upon the approval of this
amendment. The build -out date for the revised project will be the build -out date for the
Regional Center DRI (December 31, 2004).
PUBLIC & PRIVATE SERVICES
The City's Development Review Committee (DRC) discussed the request at their
August 26, 1999 meeting. A listing of the various departmental comments is attached
for your review. Furthermore, the applicant was informed at the meeting concerning the
Pattern Book and City Center Pedestrian Linkage Study which will soon be adopted; the
applicant was instructed that they would be required to comply with these.
PROCEDURE:
This is a request for approval of an amendment to a Planned Unit Development (PUD).
A request for approval of a PUD amendment is first reviewed by the Development
Review Committee (DRC). The DRC forwards comments and recommendations to the
Planning and Zoning Commission. Acting in an advisory role, the Commission makes a
recommendation on the request to the City Council. The City Council reviews the
requested PUD amendment for consideration of approval, approval with conditions, or
denial.
PROJECT DETAILS:
Building Site
The proposed amendment will maintain the existing Phase 1, which includes a 10 -story
medical office building and parking garage (totaling 184,057 square feet), and a 3 -story
skilled nursing facility with 120 beds (totaling 70,000 square feet). The previously
approved second phase called for the construction of two medical office buildings
(totaling 223,943 square feet) and a parking structure with 965 spaces.
3
maul 2 4
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
The proposed petition will amend Phase 2 by replacing the 223,943 square feet of
medical office space (in 2 buildings) and the parking structure with two 6 -story
professional and medical office buildings (each 111,971.5 square feet in size for a total
of 223,943 square feet), and a 6 -story parking structure with 906 spaces. The proposed
project will have a total of 1,677 parking spaces (1,650 spaces are required by City
Code). There will be no surface parking in Phase 2.
The amendment will result in the permanent change of the 223,943 square feet of office
from 100% medical /dental, to 80% business /professional and 20% medical /dental, plus
ancillary, bank, etc. The parking calculations are based on this change, and the
applicant is agreeing to the reduction of approved trips. The applicant also understands
that they are permanently forfeiting the ability to go back to a higher proportion of
medical /dental office.
Because the entire site (which contains both Phase 1 and Phase 2) is one PUD, the
entire site is open to review with this petition.
Aesthetics
Because this is a previously- approved and partially -built project, the principal aesthetic
challenge presented by this project is to successfully blend the new buildings with the
existing ones. This is especially true because one of the existing structures, the 3801
building, presents such a dominant physical presence.
The applicant provided detail concerning the material and colors to be used in Phase 2
on the building elevations, and has further stated that the office buildings and parking
garage in Phase 2 use materials, colors, and other design elements that are compatible
with those used in Phase 1. However, the glass windows proposed for the Phase 2 are
different in color than those used in Phase 1, and there is less use of the darker marble.
Condition #2 in Resolution 164, 1996 states that "[t]he Phase 2 Medical Office Building
shall be of the same construction and quality in all respects and otherwise identical to
the Phase 1 Medical Office Building." This condition was created by Staff to ensure that
the buildings in both phases of the site would be compatible with each other. This
condition must be deleted with the approval for this petition.
The City's proposed pattern book provides design guidelines for architecture, site
design, landscaping, site & street furniture, and roadways. These guidelines include
recommendations for the type of roofs, building materials, colors, building orientation,
parking, pedestrian linkages, and plant materials and location. This project meets the
significant guidelines in the pattern book, within the context of having to match an
existing building.
4
viral 25
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
Site Access
The site will have a total of two access points, one along Lake Victoria Gardens Drive
and one along Kyoto Gardens Drive. The site will not have any ingress /egress points
along Alternate Al A or PGA Boulevard.
Walkways
The large previously approved pedestrian plaza is being replaced with a walkway, open
space, and a sculpture garden.
Waste Management
There are two existing dumpsters located in Phase 1, and there are two more
dumpsters proposed for Phase 2. Each dumpster in Phase 2 will be located adjacent to
the building that it is intended to service.
Signage
The site currently has two existing ground signs: one at the intersection of PGA
Boulevard and Lake Victoria Gardens Drive, and the other located at the Lake Victoria
Gardens Drive ingress /egress point. The applicant is now proposing a ground sign to
be located at the Kyoto Gardens Drive ingress /egress point, and another ground sign
along the internal drive aisle for the project. PGA Boulevard, Lake Victoria Gardens
Drive, and Kyoto Gardens Drive are all public roadways. City Code requires that there
be a minimum of 2,400 linear feet of public roadway frontage for a site to have 4 ground
signs; the Gardens Corporate Centre site has approximately 3,380 linear feet of public
roadway frontage. The applicant has not provided detail for the two new ground signs;
therefore, he will be required to submit a petition in the future for City Approval of the
elevations of the new signs on the site.
Landscaping
The required amount of landscaping points for the proposed project is 8,980, and the
applicant is proposing landscaping totaling 17,973 points. Currently, the applicant
wants to accept only limited responsibility for installing or maintaining landscaping in the
medians or road rights -of -way for PGA Boulevard and Alternate A1A. Staff has
proposed new conditions of approval regarding roadway landscaping (see
recommendation section on page 14 — 16) which were modified by the Planning and
Zoning Commission.
Phasing
Phase 2 of the site will be done in two stages. In the first stage, office building 2a (the
southernmost office building in phase 2) will be constructed along with a portion of the
parking garage (590 spaces). In the second stage, office building 2b will be
constructed, as will the remainder of the parking garage (an additional 316 spaces).
raisin 12,15
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
PGA Boulevard Corridor Overlay
Section 118 -280 of the City Code of Ordinances requires that all lands within the City
that front or abut PGA Boulevard, for a depth of 1,000 feet from the edge of right -of-
way, meet various aesthetic design requirements because it is the City's "Main Street."
The proposed project does not violate any of these requirements.
As an office complex, for example, the proposed use is in line with the uses envisioned
by the PGA Corridor Overlay. The pedestrian plaza /sculpture garden fulfills the
requirement for "pedestrian- friendly focal space." The project also demonstrates
compliance with the "building design guidelines" section of the "GA Overlay by
demonstrating "unity of character and design" between the existing and proposed
buildings, and through the use of "compatible color palettes."
FDOT Takinq
After the future FDOT right -of -way taking, the existing portion of the site (Phase 1) will
no longer have the required 55 -foot landscape buffer abutting PGA Boulevard; the 3801
building will only have a 30 -foot setback from the property line along PGA Boulevard.
The 30 -foot landscape buffer will be a valid legal nonconformity because it will be
created by the FDOT taking, not because of any action made by the applicant.
The FDOT taking will also result in a reduction in open space of approximately 9.83%
on site (from 56.49% to 46.66°/x). Some landscaping will also be lost because of the
FDOT taking; however, the Canary Island Date Palms feature at the corner of PGA
Boulevard and Alternate Al will need to be relocated (by the applicant, successors, or
assigns) to the future corner of the two roadways (after the FDOT taking).
MacArthur Foundation
In letters dated March 29, 1999 and April 20, 1999, the John D. and Catherine T.
MacArthur Foundation voiced that they had no objections to the proposed modifications
to the project and use (see attachments).
Art in Public Places
The applicant wishes to locate their "Art in Public Places" requirement in the "Sculpture
Garden" located along PGA Boulevard.
Plattinq
Resolution 21, 1995 approved the plat for the first phase of this site; however, the entire
site will have to be replatted to include both Phase 1 and Phase 2.
Waivers
Waiver requests (including justification statements) have been submitted for all
buildings on the site that have a height greater than 36 feet, and for 9 -foot wide parking
spaces (see attached letter dated January 4, 2000).
0
pow l 27
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
Previous Conditions
The applicant has submitted a letter dated September 3, 1999 (see attachment),
requesting the deletion of three conditions from the previous approval for the site
(conditions #9, #12, and #13 from Resolution 118, 1994). The request for the deletion
of conditions #12 and #13 are also elaborated in the September 20, 1999 letter.
Condition #9 requires the applicant to replace any tree or plant that dies during
construction. The applicant states in the September 3, 1999 letter that every effort will
be made to preserve existing trees on site, but if any trees die during construction, then
the mitigation as noted on the landscape plan will apply. Staff supports the removal of
this condition.
Condition #12 requires the applicant to install and maintain landscaping in the median of
Alternate A1A adjacent to the project site. The applicant states in both the October 26,
1999 letter and the December 3, 1999 letter that the MacArthur /Regional Center
Property Owners Association (POA) will install and maintain the landscaping in this
median. Therefore the applicant would like to be relieved of this responsibility. Staff
supports removing this condition and replacing it with a different condition (see
conditions #12, #13, and #14 in the Recommendation section of this report).
Condition #13 requires the applicant to replace any landscaping or sidewalks removed
along Alternate A1A and PGA Boulevard (including the medians) because of the
widening of Alternate A1A and the PGA Overpass. The applicant states in both their
October 26, 1999 letter and the December 3, 1999 letter that the MacArthur /Regional
Center Property Owners Association (POA) will be responsible for the landscaping and
sidewalks along the two roadways (and within the medians). Therefore the applicant
wishes to be relieved of this responsibility. Staff supports removing this condition and
replacing it with a different condition (see conditions #12, #13, and #14 in the
Recommendation section of this report).
After reviewing these requests, Staff has deleted some of these conditions, reworded
others, and restated the remaining conditions in the "Recommendation" section of this
report.
STAFF COMMENTS:
Engineerinq
Assistant City Engineer Sean Donahue stated that they support the City's Land
Development Regulations that require 10 -foot wide parking spaces. Mr. Donahue also
suggested the following conditions:
r1
Pow1 2 8
1.
2.
3.
4.
5.
6.
7.
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
Prior to construction plan approval, the applicant, successors, or assigns shall
verify that all the requirements of the master stormwater permit have been
satisfied to the satisfaction of the City Engineer.
Any 9 -foot wide parking spaces on the site shall be double striped.
The lighting intensity at the perimeter of the parking garage shall not exceed the
10.0 foot - candle maximum.
Prior to construction plan approval, sidewalk detail shall be added to the paving,
grading and drainage detail sheet.
Prior to construction plan approval, the applicant shall identify the shapes located
at the edges of the contoured sidewalks located throughout the site on the Site
Plans (they appear to be benches).
Prior to construction plan approval, the applicant shall move the stop bars at the
circular drives (shown on the site plan), to the outside of the pedestrian
crossings.
Prior to construction plan approval, the applicant shall add curb cuts to the
sidewalks that cross the entrance to the site from Kyoto Gardens Drive.
Northern Palm Beach County Improvement District
Northern Palm Beach County Improvement District (Northern) has stated that the
proposed project is located within its jurisdiction. Therefore, the applicant will be
required to apply and obtain Northern's Standard Permit (see attachment).
Planninq & Zoninq Division
Regarding Resolution 118, 1994, conditions #6, #7, #8, and #9 are required by code;
therefore they do not need to be restated. Conditions #12 and #13 should be removed
per the applicant's request, and conditions #14 and #15 have been completed, and are
no longer on the applicant's property. Staff recommends that conditions #5, #10, #17,
and #18 of Resolution 118, 1994 (attached) be carried over with the approval of this
petition. Condition #10 addresses existing and future landscaping, while conditions #17
and #18 deal with the accessibility and signage of medical ancillary uses. Condition
#11 has been modified below (condition #3). Conditions #1, #2, #3, #4, and #16 have
already been met, and are no longer necessary.
Staff further recommends that condition #1 of Resolution 164, 1996 (attached), which
states that "[t]he louvers are to be painted to match the window frames ", be restated to
read "The color of the louvers shall be compatible with the surrounding building."
Finally, Staff recommends that the following new conditions be added with this approval:
1. The bank's drive - through operation shall account for less than 50% of the
bank's business.
2. The loss of the traffic trips with this approval (compared to the previous
approval) shall be permanent. The applicant will not be permitted to
8
29
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
amend this PUD approval in such a manner that would increase the
amount of traffic generated by this site.
3. Pursuant to Article III, Section 114 -71, of the City's Land Development
Regulations, the applicant shall provide a bond or escrow for 110% of the
cost to install landscaping and irrigation within the PGA Boulevard and
Alternate Al A roadway (flyover) improvements, per the Florida
Department of Transportation (FDOT) final plans, from and including the
respective medians of said roads to the property line, which includes
phase 1, 2a, and 2b. The applicant, successors or assigns shall provide
said bond to the City within six (6) months of this approval.
4. Prior to the final certificate of occupancy of Phase 2a or 2b, which ever
occurs first, the applicant shall either:
1) Install the landscaping and irrigation within PGA Boulevard and
Alternate A1A, per the FDOT final plans (based on preliminary
plans dated August 19, 1999, and listed as exhibits in Ordinance 6,
2000), from and including the respective medians of said roads to
the property line, which includes Phase 1, or
2) Installation of the landscaping and irrigation shall be the
responsibility of the applicant within 12 months of the completion of
the PGA Boulevard and Alternate Al A flyover improvements, or
3) If by any other separate agreement between the applicant and City,
the above mentioned landscaping and irrigation is installed by
FDOT or any other entity, the applicant shall not be responsible for
said installation, or
4) If the PGA Boulevard flyover does not get built by January 1, 2005,
the Alternate Al median and road shoulder landscaping approved
with Resolution 118, 1994 (previously part of Phase 2) shall be
installed, pursuant to the landscape plan as referenced in Section
2, numbers 6, 7, and 9 of Resolution 118, 1994.
5. The applicant shall be responsible for the maintenance of the PGA
Boulevard and Alternate A1A landscaping and irrigation from and
including the medians of said roadways to the property line, which
includes Phase 1, when and if for any reason the Regional Center
Property Owners Association (a.k.a. MacArthur Center Master
Association) terminates their maintenance of said areas. This
maintenance shall continue even if any of this area reverts back to private
ownership.
6. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as
approved by Resolution 21, 1995, shall be replatted to include the
Gardens Corporate Center, prior to issuance for the building permit. The
9
11810130
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
plat shall designate the first 55 feet associated with Phases 2a and 2b,
and the first 35 feet associated with Phase 1, along Alternate A1A and
PGA Boulevard, as open space landscape easement for buffering and
landscape purposes.
Police
Officer Gwen Fleming has reviewed the plans for the proposed project, and has
generated a crime prevention matrix identifying problems and concerns, and offering
suggestions and solutions (see attachment).
To date, no objections or comments have been received from the following departments
and agencies: Building Division, Florida Power & Light (FPL), Seacoast Utility Authority,
Palm Beach County School District, Fire Department, Parks & Recreation, South Florida
Water Management District (SFWMD), and Legal.
PLANNING & ZONING COMMISSION:
Because of the size and location of this project, several workshops were required to
adequately review the petition. The Planning and Zoning Commission heard this
petition as a workshop on September 28, 1999, October 12, October 26, 1999,
November 9, 1999, and December 14, 1999. At its December 14, 1999 meeting, the
Commission recommended that the project be heard as a recommendation to City
Council (including the required public hearing) at its January 11, 2000 meeting.
The Planning and Zoning Commission reviewed this petition at a public hearing during
their January 11, 2000 meeting. The Commission voted 7 — 0 to recommend approval
of PUD -99 -12 with conditions developed by Staff and agreed upon by the applicant
(see below for these conditions). The Commission also recommended approval for the
requested waivers.
CITY COUNCIL:
City Council reviewed this petition as a first reading on February 3, 2000. Council
stated that they did not want a public hearing held for this petition until they were
assured that the Regional Center's drainage problems are solved. This matter was
addressed by the City Engineer at the February 17, 2000 City Council meeting.
Council also requested that the applicant re- examine the beige color being proposed to
see if it can be toned down.
10
PRO 131
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
City Council held a public hearing for the review of this petition at their March 2, 2000
meeting. Per the request made by the applicant, City Council voted to continue the
public hearing to the March 16, 2000 City Council meeting.
To address drainage concerns, City Engineer Len Lindahl created the following
condition (which has been added to Ordinance 6, 2000):
No building permits except for the clearing of exotic vegetation shall be issued
until a revised Surface Water Management System for Unit 19 has received final
approval from the City of Palm Beach Gardens and all other applicable
governments and agencies, including a schedule for implementing the plan and a
definitive commitment for funding the required improvements.
RECOMMENDATION:
Based on the applicant's most recent response, Staff recommends approval of
petition PUD -99 -12 with the following conditions and waivers:
Conditions
1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain
Northern Palm Beach County Improvement District's standard permit.
2. Conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) shall be
carried over with the approval of this petition.
3. The color of the louvers shall be compatible with the surrounding building.
4. The loss of the traffic trips with this approval (compared to the previous approval)
shall be permanent. The applicant will not be permitted to amend this PUD
approval in such a manner that would increase the amount of traffic generated by
this site.
5. The bank's drive - through operation shall account for less than 50% of the bank's
business.
6. Prior to construction plan approval, the applicant, successors, or assigns shall
verify that all the requirements of the master stormwater permit have been
satisfied to the satisfaction of the City Engineer.
7. Any 9 -foot wide parking spaces on the site shall be double striped.
8. The lighting intensity at the perimeter of the parking garage shall not exceed the
10.0 foot - candle maximum.
9. Prior to construction plan approval, sidewalk detail shall be added to the paving,
grading and drainage detail sheet.
10. Prior to construction plan approval, the applicant shall move the stop bars at the
circular drives (shown on the site plan), to the outside of the pedestrian
crossings.
11
Nixon 132
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
11. Prior to construction plan approval, the applicant shall add curb cuts to the
sidewalks that cross the entrance to the site from Kyoto Gardens Drive.
12. Pursuant to Article III, Section 114 -71, of the City's Land Development
Regulations, the applicant shall provide a bond or escrow for 110% of the cost to
install landscaping and irrigation within the PGA Boulevard and Alternate A1A
roadway (flyover) improvements, per the Florida Department of Transportation
(FDOT) final plans, consistent with the FDOT .preliminary plans dated August 19,
1999, from and including the respective medians of said roads to the property
line, which includes phase 1, 2a, and 2b. The applicant, successors or assigns
shall provide said bond to the City within six (6) months of this approval.
13. Prior to the first certificate of occupancy of Phase 2a or 2b, which ever occurs
first, the applicant shall:
1) If the PGA Boulevard and Alternate A1A flyover is complete, install the
landscaping and irrigation within PGA Boulevard and Alternative A1A, per
the FDOT final plans (based on preliminary plans dated August 19, 1999,
and listed as exhibits in Ordinance 6, 2000) from and including the
respective medians of said roads to the property line, which includes
Phase 1; or
2) If the PGA Boulevard and Alternate A1A flyover is not yet completed,
install the landscaping and irrigation referenced in subsection 1 within six
(6) months of its completion; or
3) If the PGA Boulevard and Alternate Al A flyover is not completed by
January 1, 2005, install the Alternate Al A median and road shoulder
landscaping and irrigation approved with Resolution 118, 1994 (previously
part of Phase 2), pursuant to the landscape plan as referenced in Section
2, numbers 6, 7 and 9.
The applicant shall be relieved of the obligations to install the landscaping and
irrigation referenced in this paragraph if, by separate agreement between the
applicant and the City, such landscaping and irrigation is installed by FDOT or
any other entity.
14. The applicant shall be responsible for the maintenance of the PGA Boulevard
and Alternate A1A landscaping and irrigation from and including the medians of
said roadways to the property line, which includes Phase 1, when and if for any
reason the Regional Center Property Owners Association (a.k.a. MacArthur
Center Property Owners Association) terminates their maintenance of said areas.
This maintenance shall continue even if any of this area reverts back to private
ownership.
15. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by
Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center,
prior to issuance of the building permit. The plat shall designate the first 55 feet
12
wnw133
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
associated with Phases 2a and 2b, and the first 30 feet associated with Phase 1,
along Alternate Al A and PGA Boulevard, as open space landscape easement
for buffering and landscape purposes.
16. No external signage (except for the directory sign pursuant to the approved sign
plan) shall be allowed for the ancillary uses proposed within the office buildings in
Phase 2.
17. Upon approval of the development order, the applicant shall secure a "Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer
Service," which shall be verified by the delivery of a fully executed copy of the
document to the Planning & Zoning Division within 30 days of granting of the
development order.
18. The applicant, successors, or assigns shall be required to submit a petition in the
future for City Approval of the elevations of the new signs on the site. This
petition shall be a miscellaneous petition heard only by City Council, and will not
require a public hearing.
19. The build -out date of this project shall be the build -out date for the Regional
Center DRI (December 31, 2004).
20. The following shall be the permitted ancillary uses in Phase 2 of this site, and
shall not be physically accessible directly from the outside of either office building
except for any required emergency exits:
- pharmacy
- newsstand
- beauty salon /barber shop
- medical retail
-card shop
-title company
- staffing company
- bookstore
-office supplies /pack & ship
- travel agency
- retail brokerage
-real estate office
- mortgage company
- restaurant/cafe /coffee shop /internet cafe /bakery
21. No building permits except for the clearing of exotic vegetation shall be issued
until a revised Surface Water Management System for Unit 19 has received final
approval from the City of Palm Beach Gardens and all other applicable
governments and agencies, including a schedule for implementing the plan and a
definitive commitment for funding the required improvements.
13
9190134
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
Waivers
Based on the applicant's justification statements (see letter dated January 4, 2000) and
the recommendation of the Planning and Zoning Commission, Staff recommends
approval of the requested waivers for exceeding the maximum building height and the
minimum parking stall width.
14
City Council
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
i ' i I - > v1,e„ `it G tq .M• ? �•i.3.. V•.t X�ST4 =*q.F,t
3 (*iY+ & f 8 4€: ii >�g ': 4 Y i
x ABLE 1
e @ h
k S
00,
° `'�EXISTI�NG�ZONING�N���L��NsD` � SE�D��E�SIGNiA�T
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EXISTING USE ZONING
LAND USE
Subject Property
Planned Community
Professional Office
District (PCD) with a
(PO)
Vacant/Undeveloped (part
Planned Unit Development
of existing medical office
(PUD) Overlay
and nursing facility)
North
Planned Community
Professional Office
District (PCD) with a
(PO)
Regional Center
Planned Unit Development
(PUD) Overlay
South
Planned Development
Mixed -Use
Area
(MXD)
Vacant/Undeveloped
(PDA)
West
Research &
Industrial
Light Industrial Park
(1)
Vacant/Undeveloped
(M 1)
East
Planned Community
Professional Office
District (PCD) with a
(PO)
Regional Center
Planned Unit Development
(PUD) Overlay
15
®11m13 b
1; ;XGUIN
Proposed Plan
5"-AR lfflmll'
Consistent?
Code Requirement
Planned Community
Professional (80 %) and
Yes
District (PCD) zoning with
Medical (20 %) Offices &
a Planned Unit
Parking Structure
Development (PUD)
overlay, and a
Professional Office future
land use designation
Minimum Building Site
679,536 square feet
Yes
Area for PO:
15,000 square feet
Minimum Lot Width for
—880 feet
Yes
PO: 100 feet
Maximum Building Lot
26.23%
Yes
Coverage for PO: 35%
Maximum Building Height
Building Height:
No
for PO: 36 feet
92 feet (6 stories)
(waiver required for the new
buildings over maximum height;
foot, 1 story building
existing buildings over
maximum height exist as legal
already o n site.
already exists o
nonconformities)
Front Setback for PO:
Front Setback:
Yes
25 feet
62 feet
(existing building)
Side Setback for PO:
Side Setback:
No
27 feet for buildings
25 feet
(legal nonconformity)
greater than 2 stories in
(existing building)
height
Rear Setback for PO:
Rear Setback:
Yes
27 feet for buildings
55 feet
greater than 2 stories in
height
PGA Boulevard Corridor
30 feet
No
Overlay Landscape Buffer:
(existing 3801 building)
(legal nonconformity)
55 feet
g /short: pud9912.cc4.doc
ri
16
INS►" 13 7
March 6, 2000
ORDINANCE 6, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR APPROVAL OF THE APPLICATION OF
OLIVER•GLIDDEN & PARTNERS, INC.
REPRESENTING AN OWNERSHIP CONSORTIUM,
AMENDING THE "MEDICAL MALL" PLANNED UNIT
DEVELOPMENT (PUD), LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF
PGA BOULEVARD AND ALTERNATE A1A, AND MORE
PARTICULARLY DESCRIBED HEREIN, IN ORDER TO
CONSTRUCT TWO (2) SIX -STORY OFFICE
BUILDINGS AND A SIX -STORY PARKING
STRUCTURE IN PHASE 2 (KNOWN AS "GARDENS
CORPORATE CENTER "); PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR
WAIVERS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens received an application from
Oliver•Glidden & Partners, Inc., representing an ownership consortium, for
approval of an amendment to a 15.6 -acre planned unit development (PUD) known
as the "Medical Mall ", located at the northeast corner of PGA Boulevard and
Alternate Al A, as more particularly described in Exhibit "A" attached hereto;
WHEREAS, the 15.6 -acre site is currently zoned planned community
district (PCD) with a planned unit development (PUD) overlay and a future land
use of professional office (PO); and
WHEREAS, all conditions of approval listed in Resolution 118, 1994 are
hereby null and void, except for conditions #5, #10, #17, and #18 that are carried
over with the adoption of this ordinance; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City's Comprehensive
Plan and Land Development Regulations; and
17
noP 13 8
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
WHEREAS, the Growth Management Department has recommended
approval of the amendment to the planned unit development (PUD) known as the
"Medical Mall"; and
WHEREAS, the City's Planning and Zoning Commission has reviewed said
application and recommended that it be approved with the requested waivers and
subject to certain conditions.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida
hereby approves an amendment to a 15.6 -acre planned unit development (PUD)
known as the "Medical Mall" as more fully described in Exhibit "A" attached hereto
and incorporated herein by this reference. Phase 2 of said PUD shall be known
as the "Gardens Corporate Center."
SECTION 2. Said planned unit development (PUD) is approved subject to
the following conditions that shall be the responsibility of the applicant, its
successors or assigns:
1. Prior to issuance of the final certificate of occupancy, the applicant
shall obtain Northern Palm Beach County Improvement District's
standard permit. (City Engineer)
2. Conditions #5, #10, #17, and #18 of Resolution 118, 1994
(attached) shall be carried over with the approval of this petition.
(Development Compliance)
3. The color of the louvers shall be compatible with the surrounding
building. (Development Compliance)
4. The loss of the traffic trips with this approval (compared to the
previous approval) shall be permanent. The applicant will not be
permitted to amend this PUD approval in such a manner that would
increase the amount of traffic generated by this site. (Planning &
Zoning).
5. The bank's drive - through operation shall account for less than 50%
of the bank's business. (Planning & Zoning)
6. Prior to construction plan approval, the applicant, successors, or
assigns shall verify that all the requirements of the master
stormwater permit have been satisfied to the satisfaction of the City
Engineer. (City Engineer)
18
®nm139
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
7. Any 9 -foot wide parking spaces on the site shall be double striped.
8. The lighting intensity at the perimeter of the parking garage shall not
exceed the 10.0 foot - candle maximum. (Code Enforcement)
9. Prior to construction plan approval, sidewalk detail shall be added
to the paving, grading and drainage detail sheet. (City Engineer)
10. Prior to construction plan approval, the applicant shall move the stop
bars at the circular drives (shown on the site plan), to the outside of
the pedestrian crossings. (City Engineer)
11. Prior to construction plan approval, the applicant shall add curb cuts
to the sidewalks that cross the entrance to the site from Kyoto
Gardens Drive. (City Engineer)
12. Pursuant to Article III, Section 114 -71, of the City's Land
Development Regulations, the applicant shall provide a bond or
escrow for 110% of the cost to install landscaping and irrigation
within the PGA Boulevard and Alternate A1A roadway (flyover)
improvements, per the Florida Department of Transportation
(FDOT) final plans, consistent with the FDOT preliminary plans
dated August 19, 1999, from and including the respective medians
of said roads to the property line, which includes phase 1, 2a, and
2b. The applicant, successors or assigns shall provide said bond to
the City within six (6) months of this approval. (Planning & Zoning)
13. Prior to the first certificate of occupancy of Phase 2a or 2b, which
ever occurs first, the applicant shall:
1) If the PGA Boulevard and Alternate Al A flyover is complete,
install the landscaping and irrigation within PGA Boulevard
and Alternative A1A, per the FDOT final plans (based on
preliminary plans dated August 19, 1999, and listed as
exhibits in Ordinance 6, 2000) from and including the
respective medians of said roads to the property line, which
includes Phase 1; or
2) If the PGA Boulevard and Alternate Al A flyover is not yet
completed, install the landscaping and irrigation referenced
in subsection 1 within six (6) months of its completion; or
3) If the PGA Boulevard and Alternate A1A flyover is not
completed by January 1, 2005, install the Alternate A1A
median and road shoulder landscaping and irrigation
approved with Resolution 118, 1994 (previously part of
Phase 2), pursuant to the landscape plan as referenced in
Section 2, numbers 6, 7 and 9.
19
ilo*-1 4 a
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
The applicant shall be relieved of the obligations to install the
landscaping and irrigation referenced in this paragraph if, by
separate agreement between the applicant and the City, such
landscaping and irrigation is installed by FDOT or any other entity.
(City Forester)
14. The applicant shall be responsible for the maintenance of the PGA
Boulevard and Alternate Al landscaping and irrigation from and
including the medians of said roadways to the property line, which
includes Phase 1, when and if for any reason the Regional Center
Property Owners Association (a.k.a. MacArthur Center Property
Owners Association) terminates their maintenance of said areas.
This maintenance shall continue even if any of this area reverts
back to private ownership. (City Forester)
15. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as
approved by Resolution 21, 1995, shall be replatted to include the
Gardens Corporate Center, prior to issuance of the building permit.
The plat shall designate the first 55 feet associated with Phases 2a
and 2b, and the first 30 feet associated with Phase 1, along
Alternate A1A and PGA Boulevard, as open space landscape
easement for buffering and landscape purposes. (Planning &
Zoning)
16. No external signage (except for the directory sign pursuant to the
approved sign plan) shall be allowed for the ancillary uses proposed
within the office buildings in Phase 2. (Development Compliance)
17. Upon approval of the development order, the applicant shall secure
a "Seacoast Utility Authority Capacity Allocation Commitment for
Public Water and /or Sewer Service," which shall be verified by the
delivery of a fully executed copy of the document to the Planning &
Zoning Division within 30 days of'granting of the development order.
(Planning & Zoning)
18. The applicant, successors, or assigns shall be required to submit a
petition in the future for City Approval of the elevations of the new
signs on the site. This petition shall be a miscellaneous petition
heard only by City Council, and will not require a public hearing.
(Planning & Zoning)
19. The build -out date of this project shall be the build -out date for the
Regional Center DRI (December 31, 2004). (Planning & Zoning)
c
mmoo l 4 1
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
20. The following shall be the permitted ancillary uses in Phase 2 of this
site, and shall not be physically accessible directly from the outside
of either office building except for any required emergency exits:
- pharmacy
- newsstand
- beauty salon /barber shop
- medical retail
-card shop
-title company
- staffing company
- bookstore
- office supplies /pack & ship
- travel agency
- retail brokerage
-real estate office
- mortgage company
- restaurant/cafe /coffee shop /internet cafe /bakery
(Planning & Zoning)
21. No building permits except for the clearing of exotic vegetation shall
be issued until a revised Surface Water Management System for
Unit 19 has received final approval from the City of Palm `Beach
Gardens and all other applicable governments and agencies,
including a schedule for implementing the plan and a definitive
commitment for funding the required improvements. (City Engineer)
SECTION 3. The following waivers are hereby granted with this approval:
1. Minimum width for parking spaces — Section 118- 475(a), which
requires 10 -foot wide parking, spaces, to allow for 9 -foot wide
parking spaces in the parking garage.
2. Maximum height for buildings — Section 118- 204(f) which allows a
maximum building height of 36 feet, to allow for buildings up to 6-
stories (92 feet) in height.
SECTION 4. Construction of the Planned Unit Development shall be in
compliance with the following plans on file with the City's Growth Management
Department:
1. December 3, 1999 Cover Sheet/Index of Drawings, OlivereGlidden &
Partners, (1 sheet total).
21
wan 1
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
2. August 25, 1999 Boundary & Topographic Survey, Miller Legg &
Associates, Inc., (1 sheet total).
3. December 2, 1999 Site Plan (Phase 2a & 2b), Oliver•Glidden & Partners,
Sheet SP -1 (1 sheet total).
4. December 2, 1999 Site Plan (Phase 2a), Oliver•Glidden & Partners, Sheet
SP -2 (1 sheet total).
5. June 30, 1999 Ground Floor Plan, Oliver•Glidden & Partners, Sheet A -1
(1 sheet total).
6. June 30, 1999 2nd Floor Plan, Oliver•Glidden & Partners, Sheet A -2 (1
sheet total).
7. June 30, 1999 Typical Floor Plan, Oliver•Glidden & Partners, Sheet A -3 (1
sheet total).
8. January 3, 2000 Roof Plan, Oliver•Glidden & Partners, Sheet A-4 (1 sheet
total).
9. December 2, 1999 Building Elevation, Oliver•Glidden & Partners, Sheet A-
5 (1 sheet total).
10. December 2, 1999 Building Elevation, Oliver•Glidden & Partners, Sheet A-
6 (1 sheet total).
11. December 2, 1999 Site Elevation, Oliver•Glidden & Partners, Sheet A -7 (1
sheet total).
12. December 2, 1999 Garage Plan, Oliver•Glidden & Partners, Sheet G -1 (1
sheet total).
13. June 30, 1999 Phase 2a & 2b Garage Elevations, Oliver•Glidden &
Partners, Sheet G -2 (1 sheet total).
14. June 30, 1999 Phase 2a & 2b Garage Elevations, Oliver•Glidden &
Partners, Sheet G -3 (1 sheet total).
15. December 2, 1999 Phase 2a Garage Elevations, Oliver•Glidden &
Partners, Sheet G-4 (1 sheet total).
16. June 30, 1999 Phase 2a Garage Elevations, Oliver•Glidden & Partners,
Sheet G -5 (1 sheet total).
17. June 30, 1999 Phase 2a Garage Elevations, Oliver•Glidden & Partners,
Sheet G -6 (1 sheet total).
18. June 30, 1999 Photometric Plan (Phase 2a & 2b), Oliver•Glidden &
Partners, Sheet E -1 (1 sheet total).
19. January 5, 2000 Drive Thru Photometric Plan (Phase 2a & 2b),
Oliver-,Glidden & Partners, Sheet E -2 (1 sheet total).
20. December 11, 1999 Conceptual Planting Plan, Environment Design Group,
Sheet 1 of 5 (1 sheet total).
21. December 11, 1999 Conceptual Planting Plan, Environment Design Group,
Sheet 2 of 5 (1 sheet total).
22
Bowl 4 3
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
22. December 11, 1999 Conceptual Planting Plan, Environment Design Group,
Sheet 3 of 5 (1 sheet total).
23. December 11, 1999 Conceptual Planting Plan, Environment Design Group,
Sheet 4 of 5 (1 sheet total).
24. December 11, 1999 Phase 2a Planting, Environment Design Group, Sheet
5 of 5 (1 sheet total).
25. June 25, 1999 Conceptual Paving, Grading & Drainage Plan, Miller Legg
& Associates, Inc., Sheet C1 (1 sheet total).
26. June 25, 1999 Conceptual Paving, Grading, Drainage Plan, Water & Sewer
Details & Notes, Miller Legg & Associates, Inc., Sheet C2 (1 sheet total).
27. June 25, 1999 Conceptual Water & Sanitary Sewer Plan, Miller Legg &
Associates, Inc., Sheet C3 (1 sheet total).
28. June 25, 1999 Water & Sanitary Sewer Details & Notes, Miller Legg &
Associates, Inc., Sheet C4 (1 sheet total).
29. August 19, 1999 Cover Sheet/Index of Landscape Plans for SR 786 (PGA
Boulevard) Plan, Reynolds, Smith and Hills, Inc., (1 sheet total).
30. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills,
Inc., Sheet #35 (1 sheet total).
31. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills,
Inc., Sheet #36 (1 sheet total).
32. August 19, 1999 SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills,
Inc., Sheet #39 (1 sheet total).
33. June 30, 1999 Traffic State ment/Letter from Joseph B. Pollock, Jr., P.E.,
Kimley -Horn and Associates, Inc., (3 pages total).
SECTION 5. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 3rd DAY OF FEBRUARY 2000.
PLACED ON SECOND READING THIS DAY OF 200.
PASSED AND ADOPTED THIS DAY OF 200 .
23
Rawl 4 4
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /short:pud9912.or4.doc
/jI
24
i��' 1 4 5
Ordinance 6, 2000
Meeting Date: March 16, 2000
Date Prepared: March 6, 2000
Petition PUD -99 -12
EXHIBIT "A"
MEDIPLEX MEDICAL MALL
LEGAL DESCRIPTION
(Overall)
A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE
OF SAID SECTION 6; THENCE SOUTH 88 °45'05" EAST, ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF
504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD
611 (ALTERNATE A -1 -A) AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL:
THENCE SOUTH 14 005'09" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A
DISTANCE OF 328.61 FEET; THENCE SOUTH 59 °04'13" EAST, A DISTANCE OF
26.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD;
THENCE NORTH 75 °56'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF
195.00 FE; THENCE NORTH 79 052'05" EAST, A DISTANCE OF 127.90
FEET; THENCE NORTH 75 056'43" EAST, A DISTANCE OF 113.55 FEET;
THENCE NORTH 74 034'53" EAST, A DISTANCE OF 193.66 FEET; THENCE
NORTH 78 °26'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH
75 °56'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30 056'43"
EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET;
THENCE NORTH 14 003'17" WEST, A DISTANCE OF 484.04 FEET; THENCE
NORTH 54 059'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A
RADIAL BEARING OF NORTH 05 °55'20" WEST, A RADIUS OF 575.87 FEET,
AND A CENTRAL ANGLE OF 34 052'03 "; THENCE PROCEED WESTERLY ALONG THE
ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID
CURVE; THENCE NORTH 61 °03'17" WEST, A DISTANCE OF 227.10 FEET TO A
CURVE HAVING A RADIAL BEARING OF SOUTH 28 056'43" WEST, A RADIUS OF
501.87 FEET, AND A CENTRAL ANGLE OF 43 °46'07 "; THENCE PROCEED
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38
FEET TO THE END OF SAID CURVE; THENCE SOUTH 29 010'29" WEST, A
DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF WAY
LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO
THE WEST HAVING A CHORD BEARING OF SOUTH 16 °31'57" EAST, A RADIUS
OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0 °35'23 "; THENCE PROCEED
SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE.
A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH
10 °10'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14 °05'09"
EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS.
25
DOW 1 4 b
RESOLUTION 118, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, CREATING A
PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF
F
PROFESSIONAL OFFICE BUILDINGS AND A SKILLED 4.
NURSING FACILITY WITHIN THE REGIONAL CENTER
PLANNED COMMUNITY DISTRICT ON CERTAIN LANDS
LOCATED WITHIN THE CITY OF PALM BEACH GARDENS
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO AND MADE PART HEREOF;
SAID LANDS DESCRIBED THEREIN SHALL BE
DEVELOPED IN ACCORDANCE WITH THE SITE PLAN
AND OTHER PLANS AS SET FORTH IN THIS RESOLUTION;
PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS,
AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER;
SETTING FORTH REQUIREMENTS TO BE MET BY
PETITIONER INCLUDING POSTING OF A PERFORMANCE
BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR
COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR
TIME OF COMMENCEMENT FOR THE PLANNED UNIT
DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS
TO THE PLANNED UNIT DEVELOPMENT; AND, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach
Gardens, Florida, does hereby create a Planned Unit Development for
construction of professional medical office buildings and a 120 -bed
skilled nursing facility within the Regional Center Planned
Community District on certain lands located within the City of Palm
Beach Gardens and more particularly described in Exhibit "A"
attached hereto and made a part hereof.
Section 2. Development under this Planned Unit Development
shall be in accordance with and subject to the Site Plan and other
plans as follows:
1. July 7, 1994 Overall Site Plan by Lewis and Associates.
1 Sheet.
2. January 21, 1994 Parking and Floor Plans by Lewis and
Associates. 7 Sheets.
Wrow 1 4 t
3. January 21, 1994 Medical Office Elevation Plans by Lewis
and Associates. 9 Sheets.
4. January"21, 1994 Health Care Facility Elevation Plans by
O'Keefe Architects, Inc. 1 Sheet.
5. January 21, 1994 Signage Plan by Lewis and Associates.
1 Sheet.
6. June 1994 Phase One Planting Plan by Carol Amundson Turk
Land Planning Landscape Architecture. 1 Sheet.
7. January 20, 1994 Phase Two Planting Plan by Carol Amundson
Turk Land Planning Architecture. 1 Sheet.
8. June 1994 5th & 7th Floor Terrace Planting Plan by Carol
Amundson Turk Land Planning Architecture. 2.Sheets.
9. June 1994 Southwest Drive and West Drive Planting Plan by
Carol Amundson Turk Land Planning Architecture. 1 Sheet.
10. January 4, 1994 Irrigation Plans by Control Precipitation
Design, Inc. 3 Sheets.
11. August 24, 1994 Possible Future D.O.T. Right -of -Way
Relocation and Planting Plan by Carol Amundson Turk Land
Planning Landscape Architecture. 1 Sheet.
12. July 20, 1994 Master Drainage Plan by DiFonte & Thomas,
Inc. 1 Sheet.
13. July 20, 1994 Master Water and Sewer Plan by DiFonte &
Thomas, Inc. 1 Sheet.
14. January 20, 1994 Civil Site Details by DiFonte & Thomas,
Inc. 1 Sheet.
15. February 16, 1994 off -Site Roadway Improvements by
DiFonte & Thomas, Inc. 1 Sheet.
Section 3. Petitioner shall be subject to and shall comply
with the following additional specifications, requirements and
conditions:
1. The subject Planned Unit Development shall not be issued
a building permit until the amendment of the Regional
Center Development of Regional Impact Development order
approved by the City Council in Resolution 96, 1994
becomes final by virtue of the expiration of the appeal
time with no appeal being filed or, if an appeal is
filed, the resolution of such repeal.
row 1 4 8
2. Prior to the issuance of the first Certificate of
Occupancy for Phase 1, the following road and utilities
therein shall be constructed and open to the public:
a. The internal loop road within Phase 1.
b. Southwest Drive from Alternate A -1 -A to Fairchild
Gardens Avenue (A portion of this road is the
responsibility of the Good Samaritan North PUD),
including the construction of the 6 -foot sidewalks
and landscaping on both sides of the road.
C. West Drive from PGA Boulevard to Southwest Drive,
including the construction of the 6 -foot sidewalks
and landscaping on both sides of the road.
3. The future right -of -way requirements for the grade
separation of the PGA Boulevard /Alternate.A -1 -A
intersection shall be dedicated to the FDOT at no charge
as generally depicted to sheet C4, dated February 16,
1994, prepared by DiFonte & Thomas, Inc., within 30 days
of the date of request by the FDOT.
4. The petitioner shall comply with the permit conditions
set forth by Northern Palm Beach County Water Control
District in their June 14, 1994, letter to James R.
Brindell and the petitioner agrees to participate in and
comply with the implementation of Phase I and Phase II
programs as set forth in the report entitled, Feasibility
Study and Conceptual Plan for Satisfyinq Future
Irriqation Demands in Unit 19, Northern Palm Beach County
Water Control District and any amendments thereto.
5. The garage for each phase of the project shall provide a
stand pipe and fire hose for purposes of fire suppres-
sion, in addition to the garages being protected by an
automatic sprinkler system.
6. Areas that have been allowed to have vegetation or ground
cover removed pursuant to the approved site plan, and
subsequently abandoned for any reason for more than three
months, shall be seeded with grass immediately upon
request by the City or the City shall have the work done
at the owner's expense.
7. Prior to clearing or construction, trees or native areas
designated for preservation shall be tagged or roped -off.
Prior to land clearing, the developer shall erect and
maintain protective barriers around the drip line of the
trees to be protected. All work shall be inspected and
approved by the Landscape Architect of Record and the
City Forester prior to the issuance of any Building
Department permit requiring land clearing. Section
153.20 shall also be enforced during construction.
18 M or 1 4
8. All tree protection /relocation and landscape work shall
be performed using current professional landscaping
standards. The Landscape Architect of Record shall
monitor all tree protection efforts, all tree relocation
work, all landscaping work, and any work that affects the
outcome of the approved landscape plans. The Landscape
Architect of Record shall notify the City prior to any
modifications to the approved landscape plan.
9. All trees or plants designated for preservation/
relocation that die during construction or because of
construction practices shall be replaced using the
following schedule: For every inch of tree caliper
lost, three inches of new tree caliper shall be replaced
with like specie. The minimum replacement_ -tree shall be
three inches in diameter. Palms shall be replaced with
like specie one for one with a minimum 10' height.
Shrubs shall be replaced with like specie one for one
with a minimum 30" height. If the site cannot support
the total number of replacement trees as required
above, City Council may permit the developer to donate
excess trees to the City for planting on public lands.
10. Prior to the issuance of the Certificate of Occupancy for
a particular building in the project, the Landscape
Architect of record shall certify in writing to the City
that the landscaping associated with that building has
been completed per the approved landscape plans. Any
major changes to the approved landscape plans shall be
approved by the City Council. Once the City has the
certified letter from the Landscape Architect, the City
Forester shall inspect the site for compliance. Once
compliance has been confirmed by the City Forester, the
City Building Department shall be notified.
11. Project shall abide by Resolution 2, 1993,.which
requires, prior to filing of the plat, the petitioner
shall post a bond for the installation of the infra-
structure including the common and .project landscaping/
buffer and entry feature for each phase in which a
permit is issued.
12. Prior to the C.O. of Phase 2, if permitted by FDOT,
the developer shall install permanent landscaping
pursuant to the Landscape Plan in the portion of the
median of Alternate A -1 -A that is adjacent to the
project in conjunction with the State's improvements
to Alternate A -1 -A, and said median landscaping shall
match that of PGA Boulevard.
If the State's improvements to Alternate A -1 -A will not
be completed by the time that Phase 2 of the project is
completed then, in conjunction with the landscaping of
Phase 2 of.the project, the developer shall install
pow15o
(if permitted by the FDOT) landscaping in the portion
of the median of Alternate A -1 -A that is adjacent to the
project; such landscaping shall conform to the interim
landscaping provided by the Gardens East PCD in
Alternate A -1 -A and shall be irrigated.
13. Any meandering sidewalk or roadway landscaping,
including the median, along PGA Boulevard and Alternate
A -1 -A adjacent to the project that is removed in
conjunction with the required construction of an overpass
at PGA Boulevard and Alternate A -1 -A or the widening
of Alternate A -1 -A adjacent to the project shall be
replaced, if acceptable to FDOT and acceptable to the
City, one time by the property owner of the project
within thirty days of request by the City.
14. The landscaping along Alternate A -1 -A property shall
match the landscaping along PGA Boulevard.
15. Prior to the issuance of a building permit for Phase I,
a bond shall be posted for the meandering sidewalk along
Alternate A -1 -A and the first 55 feet of landscaping
from PGA Boulevard to Southwest Drive, construction of
which shall commence within 18 months of issuance of the
first building permit for Phase I.
16. There shall be no clearing of Phase II except within
the first 50 feet from the Phase I boundary during
the construction of Phase I.
17. Medical ancillary uses as referenced in Exhibit "B ",
attached hereto, shall not be physically accessible
directly from the outside of the medical office buildings
except for any required emergency exits.
18. No external signage (except for the directory sign
pursuant to the approved sign plan) shall be allowed for
the ancillary uses proposed within the medical office
buildings.
Section 4. Before the issuance of the first building permit,
petitioner shall provide the City with a letter of credit or
performance bond in a form approved by the City in a sum of money
prescribed by the City and shall be posted with the City of Palm
Beach Gardens to assure the completion of the infrastructure
including on -site roadways, drainage and utility improvements
required for the Planned Unit Development and common and project
�� 7 51
landscape /buffer and entry features. From time to time as
improvements are „completed and approved by the City, the amount
of the letter of credit or performance bond shall be reduced by a
proportionate amount. Upon completion of all on -site roadway,
drainage and utility improvements required for the Planned Unit
Development, the City shall release said letter of credit or
performance bond.
Section 5. The development of the Planned Unit Development
shall be completed prior to the February 16,.2004, buildout
period of the Regional Center Development of Regional Impact.
Section 6. Modifications to the Planned Unit Development
that are determined to be minor by the City Council may be approved
by subsequent Resolution without the necessity of review by the
Planning and Zoning Commission, advertisement or public hearing.
Section 7. All references to Petitioner and /or Developer,
together with all requirements of this Resolution shall apply to
and be binding upon the successors and assigns.
Section 8. No Building Permit for the Planned Unit
Development shall be issued until the drainage and paving plans
shall be approved by the City Engineer and all other building
requirements of the City of Palm Beach Gardens Code and require-
ments of other governmental agencies, if necessary, shall be met.
Section 9. Petitioner, prior to the issuance of the first
Building Permit within the Planned Unit Development, shall deliver
to the City a recordable Unity of Control by all owners of the
property in requisite form approved by the City Attorney,
acknowledging that the lands described in Exhibit "A ", if developed
limp152
in accordance with this resolution, unless otherwise approved by
the City Council.
Section 10. If any part or portion of this Resolution is
found to be void or defective, the remainder of the Resolution
shall continue in full force and effect.
Section 11. This Resolution shall take effect upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
VOTE: AYE
MAYOR CLARK
VICE MAYOR MONROE
COUNCILMAN RUSSO
COUNCILMAN JABLIN
COUNCILWOMAN FURTADO
DAY OF SEPTEMBER, 1994.
zj?a�41AD
MAYOR DAVID W. CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
L� CITY ATI�&f EY
NAY ABSENT
now l 5 a
EXHIBIT "A"
MEDIPLEX MEDICAL MALL
LEGAL DESCRIPTION
(overall)
A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE
OF SAID SECTION 6; THENCE SOUTH 88 145105" EAST, ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF
504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD
811 (ALTERNATE A -1 -A) AND THE.POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL:
THENCE SOUTH 14 005'09" EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A
DISTANCE OF 328.81 FEET; THENCE SOUTH 59 °04'13" EAST, A DISTANCE OF
28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD;
THENCE NORTH 75 056'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF
195.00 FEET; THENCE NORTH 79 °52'05" EAST, A DISTANCE OF 127.90
FEET; THENCE NORTH 75 056'43" EAST, A DISTANCE OF 113.55 FEET;
THENCE NORTH 74 034'53" EAST, A DISTANCE OF 193.66 FEET; THENCE
NORTH 78 026'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH
75 °56'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30 056143"
EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET;
THENCE NORTH 14 003117" WEST, A DISTANCE OF 484.04 FEET; THENCE
NORTH 54 °59119" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A
RADIAL BEARING OF NORTH 05 055120" WEST, A RADIUS OF 575.87 -FEET,
AND A CENTRAL ANGLE OF 34 052103 "; THENCE PROCEED WESTERLY ALONG THE
ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID
CURVE; THENCE NORTH 61 003117" WEST, A DISTANCE OF 227.10. FEET TO A
CURVE HAVING A RADIAL BEARING OF SOUTH 28 056'43" WEST, A RADIUS OF
501.87 FEET, AND A CENTRAL ANGLE OF 43 °46'07 "; THENCE PROCEED
NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A. DISTANCE OF 383.38
FEET TO THE END OF SAID CURVE; THENCE SOUTH 29010129" WEST, A
DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF WAY
LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO
THE WEST HAVING A CHORD BEARING OF SOUTH 16 031'57" EAST, A RADIUS
OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0 °35123 "; THENCE PROCEED
SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE.
A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH
10 010117" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14 005'09"
EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL.
CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS.
42390
rrw �•r'� 5 4
EXHIBIT "B"
Mediplex Medical Mall PUD
Development Program
PHASE 1
Buildinq 1
Medical Office /Prof. Office
Surgery Center /Diagnostic
Imaging/Rehabilitation
Therapy and Ancillary Uses
Medical Ancillary Space*
Subtotal
r
�q q �!
82,800 square feet
78,000 square feet
13,200 square feet
174,000 square feet
Building 2
120 bed Skilled Nursing Facility 70,000 square feet
with subacute care
TOTAL FOR PHASE 1
PHASE 2
Buildinq 3
Medical Office /Prof. Office
Buildinq 4
Medical Office /Prof. Office &
Diagnostic Imaging /Rehabilitation
Therapy and Ancillary Uses
Medical Ancillary Space*
Subtotal
TOTAL FOR PHASE 2
TOTAL BUILDOUT OF PROJECT
244,000 square feet
60,000 square feet.
160,800 square feet
13,200 square feet
174,000 square feet
234,000 square feet
478,000 square feet
* Medical ancillary uses are those uses that will provide a
service function or support for the Medical
Office/Diagnostic Imaging and Surgery components of the
project. These uses may include, but are not limited to,
pharmacies, medical supply outlets, medical book stores,
printing, restaurants, etc.
REVISED 12/20/93
now 1 5
i
RESOLUTION 164, 1996 12/3/96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
MEDICAL MALL PLANNED UNIT DEVELOPMENT,
LOCATED WITHIN THE REGIONAL CENTER PLANNED
COMMUNITY DISTRICT.
WHEREAS, the City Council approved a Planned Unit Development known as The
Medical Mall, located within the Regional Center Planned Community District by approval of
Resolution 118, 1994, and subsequently amended; and
WHEREAS, the City has received an application to amend the Planned Unit
Development for The Medical Mall; and
WHEREAS, the City Council has determined that the amendment to the Planned Unit
Development is consistent with the City's Comprehensive Plan,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves an amendment to The Medical Mall Planned Unit Development, as originally approved
by Resolution 118, 1994, and subsequently amended by Resolution 89, 1995 and Resolution 69,
1996.
SECTION 2. The amendments herein approved shall be in accordance with the
following plans on file with the City's Planning and Zoning Department:
1. November 1, 1996 stamped November 25, 1996 Overall Site Plan, Basement
Parking Plan, Elevations by Lewis & Associates, Sheets 51.1, A1.1, A1.2, A1.3,
A 1.4, A 1.5, A 1.6, A2.1, A2.2, A2.3, A2.4, A2.5, A2.6, A2.7, A2.8, A2.02, A3.01,
A3.02, A3.03, A3.04.
2. November 4, 1996 stamped November 25, 1996 Planting Plan by Carole
Amundson Turk Land Planning Landscape Architecture in association with
Wayne Villavaso Landscape Architecture Incorporated, Sheet L-2.
E
w®m15 b
SECTION 3. This approval is hereby granted based on compliance with the following
conditions of approval:
1. The louvers are to be painted to match the window frames.
2. The Phase 2 Medical Office Building shall be of the same construction and quality
in all respects and otherwise identical to the Phase 1 Medical Office Building.
SECTION 4. This Resolution shall be effective upon ado ptio .
INTRODUCED, PASSED AND ADOPTED THISID Y F /, 1996.
460's fR. RUSSO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK PROVED AS TO FORM AND i.F.GAL
SUFFICIENCY.
WATTERSON, HYLAND & KT FTT,P.A.
VOTE: AYE NAY ABSENT
Mayor Russo v
Vice Mayor Furtado
Councilwoman Monroe v
Councilman Jablin _ _ 4--
Councilman Clark
MEMORAND
TO: Jim Norquest
FROM: Sean C. Donahue
DATE: October 11, 1999
i
�r
SUBJECT: MacArthur Center — NPBCID Unit 19 File No. 84 -0237
As requested, the status of the drainage review of the MacArthur Center is as follows:
Over the course of the past several months, and to date, we have participated in nine meeting and
many phone conversations with the prospective developers and the Northern Palm Beach County
Improvement District and their engineering consultants — including attendance at a pre -
application meeting with the SFWMD. We have also reviewed several engineering reports
dealing with drainage issues related to the parcels surrounding the MacArthur Center including
the FDOT drainage report for the PGA Boulevard fly over bridge at Alternate AlA..
The focus of these meetings was to: (1) identify deficiencies in the surface water management
system, (2) identify methods by which the existing system and any proposed modifications to the
surface water management system would be analyzed, and (3) identify benchmark criteria
against which the proposed improvements to the surface water management system and any
potential impacts to adjacent parcels would be measured.
The assessment of the existing surface water management system showed that the history of
development within the MacArthur Center had changed, and negatively impacted the
performance of the surface water management system. The assessment of the. existing surface
water management system also demonstrated that, if unchanged; the system would not function
as designed or meet the levels of service or performance standards established by the City.
The meetings resulted in a major effort by the prospective developers and their consulting
engineers to effect changes to their proposed land plans which would enhance the existing
surface water management system. The prospective developers have directed their consulting
engineers to redesign and dynamically model the proposed changes to the surface water
management system. We attended the meetings throughout the development of the proposed
surface water management system model to ensure that the proposed redesign of the system met
the objectives of the City while protecting existing developments in the vicinity of the project. It
is anticipated that the proposed modifications to the land plans and/or the surface water
management will produce a water management system which will meet the level of service and
performance standards established by the City.
anpi 5 8
The bulk of the proposed modifications occur in the eastern two basins of the four drainage
basins within the MacArthur Center. Changes within the eastern portion of the project, primarily
owned by Kolter Land_ Development include: (1) creating of a fourth drainage basin in the
northeast portion of the'site. which encompasses a large Oak Hammock preserve area, (2) the
addition of approximately 8 acres of additional surface water management lakes, (3) the
redirection of the drainage runoff from the eastern portion of the Meadows Mobile Home Park
into the Prosperity Farms Road drainage system, and (4) the creation of a new and separate
drainage outfall for the western portion of the Meadows Mobile Home Park and the newly
created northeast basin. In conjunction with the Palm Beach County Engineering Department, it
is proposed that the new outfall would be located in the Prosperity Farms Road right -of -way. In
addition to the developed areas within the MacArthur Center, this outfall system would be sized
to accept drainage runoff from the proposed roadway improvements to Prosperity Farms Road
serving this project and improve substandard drainage within isolated areas between the
MacArthur Center and the final outfall at the Cabana Colony Canal.
Currently, all of the proposed changes to the surface water management system serving the
MacArthur Center — including the input and output data for the dynamic model of the surface
water system are being compiled into an engineering report and formal application package for
submittal to the SFWMD and the City.
As of Monday, October 11, 1999, according to Mark Williams of the Southern Design Group,
the lead consultant in the effort to redesign the surface water management system, the projected
date for submittal of the engineering report and application to modify the surface water
management system to both the City and the SFWMD is the week of October 18, 1999.
While we have not seen the final engineering report or modeling results, it is expected that the
engineering report for the revised surface water management system will demonstrate that the
criteria established by the City for level of service and performance standards for the surface
water management system serving the project can be met.
SCD(F M tm
cc: Len Lindahl
PAPBGMEM0\94- 237.10
Bawl 59
❑�❑ Kimley -Horn
and Associates, Inc.
June 30, 1999
Mr. Anthony E. Oliver
Oliver - Glidden & Partners
1401 Forum Way, Suite 100
West Palm Beach, Florida 33401
Re: Gardens Corporate Center
MacArthur Center DRI
PGA Boulevard at Alternate AlA
Palm Beach Gardens, Florida
040512.02
Dear Mr. Oliver:
P
Citv Of P.B.G.
JUL 126 1999
PLMNING
8
7ON: NG
As requested, Kimley -Horn and Associates, Inc. has performed a traffic
generation analysis for the above referenced project. The project was approved
by the City of Palm Beach Gardens as the Medical Mall. Phase 1 of the project
was constructed as approved. The owners now desire to undertake Phase 2 of the
project but with primarily general professional office instead of medical office.
This letter addresses the change in traffic generation associated with the proposed
use change.
The original project was approved for a skilled nursing facility of 150 beds
(70,000 square feet) and 408,000 square feet of medical office and ancillary
medical uses. Phase 1 of the project which has been built and occupied consists
of the 150 bed nursing facility and 184,057 square feet of medical office and
ancillary uses.
The proposed plan modification would allow the Phase I .medical. office to be
occupied by medical or general office uses while retaining the existing nursing
facility. Phase 2 of the project would consist of 175,040 square feet of general
office, 42,906 square feet of medical office and 5,997 square feet for a drive -in
bank on the ground floor of one of the two office buildings. Another bank would
also occupy the ground floor of the second office building but it would not have
drive -in facilities. The bank without the drive -in facilities is treated as office
building square footage whereas the drive -in bank is treated separately for trip
generation purposes.
The trip generation potential of the approved and proposed plans are presented in
the attached table using current trip generation rates. As can be seen in the table,
the proposed plan generates equal to or less trips than the approved plan during
all time periods. Therefore, traffic concurrency and DRI issues are not triggered
by the proposed change. We should also note that by using the trip generation
rates contained in the ADA for the MacArthur Center DRI, that there would be
■
4431 Embarcadero Drive
West Palm Beach, Rlorida
33407
■
TEL 561 845 0665 IM WM 8175 /v1 863
FAX 561 A 0
CM Kimley -Horn
= F-1 and Associates, Inc.
J
Mr. Anthony E. Oliver, June 30, 1999, Page 2
no change in trip generation potential since a rate of 18 trips per 1,000 square feet
of office use was used which allows for a mix of different office use types.
If you or the City staff should have any questions, please do not hesitate to call.
Very truly yours,
KIM4B. O AND ASSO ATES, INC.
oseollock, Jr., P. .
Senio Vice President
JB :; 3
Attachment
Florida Registration
Number 19562
04051202 -062899eo.doc
GARDENS CORPORATE CENTER
13
1
TRIP GENERATION
5.00%
01
Land Use Intensity Daily AM Peak Hour
PM Peak Hour
Trips
Total
Total
Approved Site Traffic
[P.B.C.] =
13,489
Nursing Home 70,000 S.F. 258
29
26
Medical Office 408.000 S_F. 13.941
291
1.110
Subtotal 478,000 S.F. 14,199
1,020
1,136
Pass -By Traffic
Nursing Home
Medical Office
Net External
Proposed Site Traffic
Nursing Home
Medical Office
Professional Office
Bank (Drive -In)
Pass -By Traffic
Nursing Home
Medical Office
Professional Office
Bank (Drive -In)
Net New External
Net Traffic Impact
5.00%
13
1
1
5.00%
01
5Q
a
Subtotal
710
51
57
[P.B.C.] =
13,489
969
1,079
i
265.21 trips/1000 S.F.
70,000 S.F.
258
29
26
226,963 S.F.
7,755
552
647
175,040 S.F.
2,143
291
276
5.997 SM
1590
21�
M
Subtotal 478,000 S.F.
11,746
948
1,277
5.00%
13
1
1
5.00016
388
28
32
5.00%
107
15
14
46.00%
15
151
Subtotal
1,239
79
198
10,507
869
1,079
(2,982)
(100)
0
Note: Trip generation was calculated using the following data:
Daily Traffic Generation
Nursing Home
[P.B.C.] =
3.68 trips/1000 S.F.
Medical Office
[P.B.C.] =
34.17 trips/1000 S.F.
Professional Office
[P.B.C.] =
In (C) = 0.756 • In (X) + 3.765
Bank (Drive -In)
[P.B.C.] =
265.21 trips/1000 S.F.
AM Peak Hour Traffic Generation
Nursing Home
CITE 6201 =
In (C) — 0.945 • In (X) - 0.655
Medical Office
[ITE 7201 =
2.43 trips/1000 S.F.
Professional Office
[ICE 7101 =
In (C) = 0.797 • In (X) + 1.558
Bank (Drive -In)
CITE 9121 =
12.63 trips/1000 S.F.
PM Peak Hour Traffic Generation
Nursing Home
[ITE 620] =
In (n = 0.929 4 In (X) - 0.688
Medical Office
[ICE 720] =
In (T) — 0.921 • In (X) + 1.476
Professional Office
[ITE 710]
T =1.121 • X + 79.295
Bank (Drive -In)
CITE 9121
54.77 trips/1000 S.F.
p:W40512021[irip _gen- xlsIlrt�-gen POMINI
SEIYf BY =_ 4 -20 -33 12 -42PM AdcART11LR FOUNDATION- 5616508333.11 2/ 8
a400 PGA Telrphene: (561) 626 -4801)
Suitt 400
Pjtm beach Gardens. r,-,.- -
3]41[)
ftih JOHN D ANO CAViERINE C
MACARTNUK FOUNOATION
April 20, 1999
Flayoc Adaius
Director of Cotttntercial Real Estate
AMA Land Ventures. Inc.
3Rai PGA Boulevard
Suite IWO
Palm Beach Gardeits, Florida 33410
Re: 3801 PGA Boulevard, The Medical Mail, Pha -:.s 1 and 11
Dear Elayne-
1 refer to my letter of March 21, 1WJ to the City of Palm Beach Gardens, Florida with
respect to the above referenccd project (copy attached).
This will confirm MacArthur Foundation's intent was to acknuwledge that it had no
objection to the proposed modifications to the project and um, as more pzrticularly
described in Items 1, 2, 3. and 4 of the March 29-1999 letter and attachments thereto.
Si icerr-Im
Mintz
Gener Counsel
ITM_gd
Attachment
111cva1�27�P�M,*itt at1A1+�: t20
Pon= 16
4a..v . -- UVUICVa.o tcicphone. (40/) 626 -4800
Suitc 900 Fax. (407) 624 -4905
Palm Bcach Gardens, Florida 33410 -9680
THE JOHN D AND CATHERINE T.
MACARTHUR FOUNDATION
:larch 29. 1999
The City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens. Florida 33410
Re: 3801 PGA Boulevard, The Medical Mall. PH I and PH II
Gentlemen:
We have been asked by Meditrust and PSG Medical Mall MOB 1 Properties,
Ltd., a Florida limited partnership ( -MOB ') and AMA of South Florida,
Inc., a Florida corporation ('AMA'), the owners, respectively, of the
first and second phases of the Medical Mall at 3801 PGA Boulevard, to
confirm that we have no objection to the following proposed changes -:
1- with respect to the Phase I building located at 3801 PGA Boulevard,
the square footage originally designated for surgery
center /diagnostic /rehabilitation therapy and ancillary uses would be
changed from MOB to medical /professional office use. (See
Exhibit "A')
2. With respect to the Phase II property, AMA, in connection with
proposing a modified site plan with conceptual design changes, has
agreed to limit the space 1QasQd for medical office purpo3e3 by 80%
so as to reduce the trips generated by such use. We agree with this
arrangement and have no objection to the proposed modifications to
the Phase II site plan and design. (See Exhibit 'A')
3. With respect to all phases, the space designated as medical ancillary
space would be changed to allow not just medical service functions
but also general service functions and support.
4. with respect to changes in the Phase II site plan, architecture and
building colors and materials, the Foundation approves the changes as
displayed on Exhibit -B'I ea WA.If f V«IE "A as VtctJea,%t ,jnA -.r
-F C- -%.Xi. ...d CA,3 1 4+- The. M..cik %We Gtwtz, .
if you have any questions concerning our position of `no objection' as
stated herein, please feel free to contact me.
Sincerely,
John D_ and Catherine T_
MacArthu Foundat� n
By-
Hintz.
/��
Esq.
CU4.Aw " —1Cdr oMZCk -L
MIP" 1 6 4
Memo to File
From: Mark Hendrickson, City Forester /4 //c1'
Subject: PUD- 99 -12, Gardens Corporate Center (aka Medical Mall)
Date: January 14, 2000
Based on the January 11, 2000 Planning and Zoning Commission meeting, I have revised several
the previously submitted conditions as follows: The revisions are in bold print.
I recommend the following conditions for approval:
Pursuant to Article III, Section 114 -71, of the City's Land Development Regulations, the
petitioner shall provide a bond or escrow for 110% of the cost to install landscaping and
irrigation within the PGA Boulevard and Alternate A -1 -A roadway (flyover)
improvements, based upon all plans referenced in Condition 14 of Ordinance 6, 2000,
from and including the respective medians of said roads to the property line, which
includes phase 1, 2a and 2b. The petitioner agrees to provide said bond within six
months of this approval.
Prior to the C.O. of Phase 2a or 2b, which ever occurs first, the applicant shall either:
1. Install the landscaping and irrigation within PGA Boulevard and Alternate A -1 -A, per
the FDOT final plans based on preliminary FDOT plans dated August 19, 1999, and
off -site landscaping as referenced in "exhibits" in Ordinance 6, 2000 , from and
including the respective medians of said roads to the property line, which includes phase
1, or
2. Installation of the landscaping and irrigation shall be the responsibility of the applicant
within 12 months of the completion of the PGA Boulevard and Alt. A -1 -A flyover
improvements, or
3. If by any other separate agreement between the applicant and City, the above
mentioned landscaping and irrigation is installed by FDOT or any other entity, the
applicant shall not be responsible for said installation, or
4. If the PGA Boulevard flyover does not get built by January 1, 2005, the Alternate
A -1 -A median and road shoulder landscaping approved with Resolution 118, 1994
(previously part of phase 2) and off -site landscaping as referenced in "exhibits" in
Ordinance 6, 2000 shall be installed pursuant to as to the landscape plan as referenced
in Section 2, numbers 6,7 and 9 of Resolution 118, 1994.
The applicant shall be responsible for the maintenance of the PGA Boulevard and
Alternate A -I -A landscaping and irrigation from and including the medians of said
IBM'" 161
roadways to the property line, which includes phase 1, when and if for any reason the
Regional Center Property Owners Association (a.k.a. MacArthur Center Master
Association) terminates their maintenance of said areas. This maintenance shall continue
even if any of this area reverts back to private ownership.
• THE MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by
Resolution 21, 1995, shall be replatted to include the Gardens Corporate Center, prior to
issuance for the building permit. The plat shall designate the first 55' associated with
phases 2a and 2b, and the first 35' associated with phase 1, along Alt. A -1 -A and PGA
Boulevard, as open space landscape easement for buffering and landscape purposes.
on "16F
PALM BEACH GARDENS POLICE DEPARTMENT
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: Gardens Corporate Center
REVIEWED BY: Officer Gwen Fleming
DATE: 08 -24 -99
Problems /Concerns Needs /Suggestions
Lighting:
Make sure lighting does not
Lighting locations should
conflict with landscaping,
not conflict with
especially long term tree
landscaping (to include long
canopy growth.
term tree canopy growth).
Adequate building lighting
Provide adequate lighting
should be around perimeter
around building and pedestrian
of all sides, and pedestrian
walkways. Metal Halide
walkways surrounding the
should be used in all parking
buildings.
lot areas.
Safe location of bicycle
Location of bicycle racks
racks.
should be placed in close
proximity to building and not
in parking lot.
Building security device.
Building should be pre -wired
1
, for alarm system.
Solutions
Good lighting serves as an
excellent deterrent to
potential criminal activity.
Will also provide visibility
for officer patrolling the
area on the night shift.
To provide utmost safety to
cyclists.
Alarms serve as an excellent
detection and deterrent to
forcible entry.
�� 6 7
The parking garage is a high Parking garage:
Priority security area. The
Vulnerability to criminal
Activity can be high risk.
The following areas should
be considered for improved
security.
1. Ceilings in the parking
garage are not painted
with a bright color.
2. Convex mirrors in
stairwell areas.
3. Emergency phones
4. First level of parking
garage should have
restricted access from
exterior common ground
area. There is no
indication of extra
security measures to
protect first level of
garage for both
pedestrians and vehicle.
1. All ceiling areas within
parking garage should be
Painted white.
2. Install convex mirrors in all I
stairwell areas.
3. Install emergency phones
near stairwell and
elevators.
4. Provide some form of
barrier protection to first
floor garage area.
Example, wrought iron
grill or chain link fencing.
1. Will add significantly to
enhancing the
illumination of the
already proposed
.lighting and will aid in
eliminating shadow
areas.
2. To alert guest, visitors
and other persons of
potential attacks in
advance, along with
exposing concealment
areas.
3. To receive immediate
emergency help if
needed.
3. Utilizing a form of
barrier protection will
prevent open access into
first floor garage area to
unwanted persons. In
addition, using either
wrought iron or chain
link fencing to
accomplish this purpose
will still provide natural
surveillance to identify
potential criminals.
MON16 8
Sep -03 -99 03:30P
OLIVER • GLIDDF,N & PARTNERS
A R C H I T E C T U R E • I N T E R I O R D E S I G N
September 3, 1999
Mr. John Lindgren, City Planner 3 -4
Planning and Zoning Department
City of Palm Beach Gardens
10500 N. Military Trail City OF r.&&
Palm Beach Gardens, FL 33410 efmz- SEP I 1999
RE: Gardens Corporate Center FLAI AING
Palm Beach Gardens, FL � &
Pro 70t "'10 ject: 98073 � �;��
Petition #: PUD -99 -12
Dear John:
Please accept this letter as additional information for the above captioned project.
P -02
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
There are several of the existing condition of the PUD approval that we feel need to be deleted. They
are as follows:
Resolution 20 -19 -95
Number 9
All trees or plants designated for preservation/relocation that die during construction or because
of construction practices shall be replaced using the following schedule: For every inch of tree
caliper lost, three Inches of new tree caliper shall be replaced with like specie. The minimum
replacement tree shall be three inches in diameter. Palms shall be replaced with like specie, one
for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a
minimum 30' height. If the site cannot support the total number of replacement trees as required
above, City Council may permit the developer to donate excess trees to the City for planting on
public lands.
While the applicant is endeavoring to preserve some of the existing trees on site, it should be understood
that if those trees do not survive the construction process, then the mitigation as noted on the landscape
plan will apply. Therefore, condition #9 will not apply and we ask that it be deleted.
Number 12
Prior to the C.O. of Phase 2, If permitted by FDOT, the developer shall install permanent
landscaping pursuant to the Landscape Plan in the portion of the median of Alternate A -1 -A that
Is adjacent to the project In conjunction with the State's improvements to Alternate A -1 -A, and
said median landscaping shalt match that of PGA Boulevard.
If the State's improvements to Alternate A -1 -A will not be completed by the time that Phase 2 of
the prolect !s completed then, to conjunction with the landscaping of Phase 2 of the project, the
a
1401 FORUM WAY, SUITE 100 - WfST PALM BEACH, FL 33401 - 561.664.6841 - FAX: S61- 684 -6890 • E -MAIL: 09P6841®aol.Com
UC. No. AA C000669 4 IS 0000977
"Rol 69
Sep -03 -99 03:31P
c tv Of MG.
SEP 3 1999
PLANNING
ZONING
Page #2
P-03
developer shall install (if permitted by the FDOT) landscaping in the portion of the median of
Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the interim
landscaping provided by the Gardens East PCD in Alternate A -1 -A and shall be irrigated.
It is the applicant's understanding that the FOOT will be providing the landscaping and irrigating for the
median of Altemate A1A and as such wishes to be relieved from this responsibility.
We, therefore, ask that this condition be deleted.
Number 13
Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard
and Alternate A -1 -A adjacent to the project that Is removed in conjunction with the required
construction of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate
A -1 -A adjacent to the project shall be replaced, if acceptable to FDOT and acceptable to the City,
one time by the property owner of the project within thirty days of request by the City.
!t is our understanding that the FOOT will be making the modifications to not only the median landscaping
for Al and PGA Boulevard, but the additional property they will be taking, including the relocation of the
meandering walkway.
Therefore, the applicant would like to be relieved of that responsibility and ask that this condition be
deleted.
We trust that this will be self - explanatory and asks that you add this to our application. Should you have
any questions, please contact me.
Sincerely,
Anthony E. liver
Senior Partner
cc: Wayne Yetman
Steve Cohen
P.IPROJECTL ACTIVE198 %GCC- 80731SUPPORnGCCADD. WPD
Rl a l 70
OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
September 20, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
PUD -99 -12
Dear John:
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
Please accept this letter providing responses to the various questions that were raised during the DRC
Meeting. We trust that the following will be self - explanatory.
John Lindgren Memo, August 27, 1999
1. Waiver requests (including justification statements) must be submitted regarding the 55 -foot
landscape buffer and the height of the two proposed buildings.
Response:
We are requesting waivers for a number of items:
a. The required 55' landscape buffer cannot be provided in front (to the south) of the
3809 building because of the proposed taking of property by the Florida Department
of Transportation (FD07). We therefore request a waiver from 55' to 30' as a required
landscape buffer.
b. We are requesting a waiver to allow 9' wide parking spaces only in the parking
garage.
C. A waiver is requested to accommodate the building height for the proposed six story
office buildings of 98' feet and 79' for the parking structure. Please note that the
existing approval allows the construction of a 90 story building at a height of
approximately 950' feet
2. Written approval of the above referenced petition from the Regional Centre Design Review
Committed must be submitted.
Response
Written approval from the Regional Center Design Review Committee (McArthur Foundation)
was included with the original application. Please reference their letters of March 97th and
March 29th along with attachments.
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1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • S61- 684 -6841 • FAX: 561- 684 -6890 • E -MAIL: ogp6841 ®a0l.00m
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Page #2
3. Please revise the site plan so that dimensions are included, showing the distance of existing and
future ground signs from.the property lines.
Response
Site Plans indicate all critical dimensions. Included are dimensions for existing ground
signs from property lines.
Mark Hendrickson Memo, August 26, 1999
There is an irrigation system plan previously approved for this site. Please revise this plan to show
any proposed changes. The important issues in the revision are to indicate the main lines and how
they are interfacing with the existing system, and how they are incorporating the off site (ROW)
landscape areas, including the medians.
Response
Landscape architect has located existing main irrigation lines and indicated their interface
with phases 2a and 2b. Previously the Mall Commons areas system supplied the irrigation
for road median and right of way areas. The off site medians and right of ways are now
within FDOT's control and design. We have no knowledge of their irrigation plans. We
acknowledge the need to coordinate Phase 2A and 2B lines with the existing lines and to
avoid conflicts with existing utilities.
2. There is an Alt. A1A median landscape plan approved previously and condition for its installation.
Please confirm that these are still applicable or propose changes.
Response
FDOT's Landscape Architec4 Reynolds, Smith & Hill, is finalizing a re- design for the medians
and right of ways along AIA and PGA Boulevard. The issue of landscaping those areas Is
totally within FDOT's responsibility and control. We have recently requested and received
a courtesy copy of the FDOT's preliminary design, for our information only.
The applicant wishes to delete conditions 12 and 13 of the existing PUD Approvals:
Number 12
Prior to the C.O. of Phase 2, if permitted by FDOT, the developer shall install permanent
landscaping pursuant to the Landscape Plan in the portion of the median of Alternate A -1 -A that
is adjacent to the project in conjunction with the State's improvements to Alternate A -1-A, and said
median landscaping shall match that of PGA Boulevard.
If the State's improvements to Alternate A -1 -A will not be completed by the time that Phase 2 of
the project is completed then, in conjunction with the landscaping of Phase 2 of the project, the
developer shall install (if permitted by the FDOT) landscaping in the portion of the median of
Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the interim
landscaping provided by the Gardens East PCD in Alternate A-1 -A and shall be irrigated.
Response
It Is the applicant's understanding that the FDOT will be providing the landscaping and
irrigating for the median of Alternate A1A and as such wishes to be relieved from this
�!�!�
72
Page #3
responsibility. We, therefore, ask that this condition be deleted.
Number 13
Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and
Alternate A -1 -A adjacent to the project that is removed in conjunction with the required construction
of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate A -1 -A adjacent
to the project shall be replaced, if acceptable to MOT and acceptable to the City, one time by the
property owner of the project within thirty days of request by the City.
Response
It is our understanding that the FDOT will be making the modifications to not only the median
landscaping for A1A and PGA Boulevard, but the additional property they will be taking,
including the relocation of the meandering walkway.
Therefore, the applicant would like to be relieved of that responsibility and asks that this
condition be deleted.
3. The City needs to know what landscaping is being removed along PGA Blvd and Alt. A1A. The
landscaping south of the existing Phase I was counted towards this project's landscape point
calculation and the sidewalk and landscaping was installed along Alt. A1A. If the landscaping and
sidewalks are no longer going to be part of this project, it needs to be replaced. Staff suggests a
submittal of a second landscape plan which depicts all the new meandering sidewalks and parkway
landscaping on site, if it is to be removed by FDOT.
Response
As described in response (2) above, FDOT's Landscape Architect is solely responsible for
landscaping changes to medians and right of ways for AIA and PGA Boulevard. Our plans,
however, reflect comparable landscape concentrations to that previously approved. The
meandering sidewalk is now located in property FDOT will take and will be part of that
design. Landscape drawings indicate relocated Canary Island Date Palms as requested by
owner.
4. If bank teller access drive cannot be eliminated, there .needs to be more separation between it and
the cul -de -sac. The open space between these drives: should mores {andscaping.
Response
The bank teller access drive has been redesigned to provide additional separation between
It and the turn - around. Additional landscaping has been added to the separation area.
5. The parking garage landscaping has too many gaps. Previously this area had much heavier
landscaping.
Response
The "gaps" were created intentionally and collaboratively between Architect and Landscape
Architect to emphasize the vertical elements of the parking structure. This is an important
feature of the building's design appearance.
SM01 73
Page #4
Undahl, Browninq, Ferrari and Helistrom, Inc., Memo, August 24, 1999
1. The applicant will need to provide the master stormwater permit for the Regional Center and show
all its requirements have been met.
Response
The Civil Engineer will provide a copy of the Storm Water Permit for the Regional Center and
demonstrate that it's requirements have been met
2. The applicant will need to show all existing easements on both the boundary survey, site plan and
landscape plan.
Response
Survey, Site and Landscape Plans all reflect existing easements., .
3. The applicant will need to show the number of spaces for proposed bicycle parking on the site plan
(5% of the required vehicular parking).
Response
Site Plan indicates size, locations and number of bicycle parking spaces.
4. The applicant will have to obtain a waiver to use parking stalls with a width of 9" (10" is standard).
Response
Applicant has requested a waiver for 9' wide parking space widths in previous response to
DRC question (1b), this letter.
5. Dimensions for the loading zone maneuvering area, a minimum of 12' by 35' per each zone will
need to be shown by the applicant.
Response
Site Plan Indicates 12'X 35' loading zone - maneuvering area with dimensions.
6. Turning radii will need to shown at the entrance drives on the site plan.
Response
All entrance drives have turning radii indicated.
7. Safe -site triangles will need to be shown at the entrance drives on the Landscape Plan
Response
Architectural, Site and Landscape Plans show safe site triangles at entrance drives.
8. Pipe material for water, sewer and storm sewer will need to labeled, on the appropriate sheets,
by the applicant. RCP pipe is required for storm drains under load bearing surfaces.
anal 74
Page #5
Response
Civil drawing documents indicate pipe material for water, sewer and storm sewer lines.
9. The applicant will need to revise the lighting pan to provide a maximum of 10 fc and a minimum
of 0.6 fc.
Response
Photometric plan has maximum of 10 fc and minimum of. 6 fc.
10. A sidewalk detail will need to be added to the paving, grading and drainage detail sheet by the
applicant.
Response
Civil drawing documents indicate sidewalk detail.
11. We suggest that handicap ramps and a pedestrian crossing be included to connect the sidewalks
at the entrance of the circular drive on the south building..
Response
Site Plans indicate handicap ramps and pedestrian crossings as requested.
12. Internal stop bars and signage will need to be added to the site plan as well as signage to
designate one -way traffic through the roundabout.
Response
Internal stop bars, signage and one -way traffic directional arrows are indicated on Site Plans
and civil drawings.
Police Department Memo, August 24, 1999
1. Lighting locations should not conflict with landscaping (to include long term tree canopy growth).
Response
Landscape Architect has eliminated all conflicts between landscaping elements and light
locations.
2. Adequate building lighting should be around perimeter of all sides, and pedestrian walkways
surrounding the buildings.
Response
Adequate lighting is provided around buildings and at pedestrian walkways.
3. Safe location of bicycle racks: location of bicycle racks should be place din close proximity to
building and not in parking lot.
Fsawf 75
Page 96
Response
Bicycle rack locations are near buildings and well lighted.
4. Building security device: Building should be pre -wired for alarm system.
Response
Buildings will be pre -wired for security alarm systems.
5. Ceilings in the parking garage are not painted with a bright color: all ceiling areas within parking
garage should be painted white.
Response
The ceilings within the parking garage will be unpainted light grey concrete.
6. Convex mirrors in stairwell areas: Install convex mirrors in all stairwell areas.
Response
Landings in parking structure stairwells will have convex mirrors.
7. Emergency phones: Install emergency phones near stairwell and elevators.
Response
Emergency phones will be installed at parking garage stairwells and elevators.
8. First level of parking garage should have restricted access from exterior common ground area.
There is no indication of extra security measures to protect first level of garage for both pedestrians
and vehicles: Provide some form of barrier protection to first floor garage area. Example, wrought
iron grill or chain link fencing.
Response
Architect is investigating several options to provide -ground level security at parking
structure for both vehicles and pedestrians.
Fire Marshall Memo, August 24, 1999
1. The circular driveways in front of Buildings 3 & 4 are not large enough to accommodate fire
apparatus. They need to be increased to a minimum of a 45' radius.
Response
Scott Fetterman has approved the 426" circular drives as adequate for fire department
apparatus.
2. The islands at the entrance to the circular driveways are too large and will not allow fire apparatus
access.
Response
nowt 76
Page #7
Landscape islands are changed to contrasting color pavers, level with drive and reflecting
auto circulation patterns without interfering with fire apparatus navigation.
Seacoast Utility Letter, August 19, 1999
1. The applicant needs to depict existing utility easements on the site plan.
Response
Utility easements are indicated on Architectural Site Plans, Civil and Landscape Plans.
2. We are unable to comment on the conceptual landscape plans until detailed water and sewer plan
are available.
Response
No comment required.
Our attorney will provide a document that clarifies the right of access to all of the properties along the
internal loop road (which is not a public road).
John, we trust that this narrative response and revised plans will be sufficient for your purposes and will
allow us to maintain our scheduled meeting for the September 28th Planning and Zoning Commission
Workshop Meeting.
Very truly yours,
"/' '
Anthony E. Oliver
Senior Partner
cc: Elayne Adams
Wayne Yetman
Steve Cohen
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OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
October 4, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 N. Military TrailPalm
Beach Gardens, FL 33410
C
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
PUD -99 -12
Dear John:
C--c -44-J
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
Please accept this letter providing responses to the questions that were raised during last week's
Planning and Zoning Board Workshop.
Sean Donahue, Memo, September 28, 1999
Item 1: Conditionally Satisfied. Compliance is contingent on information supplied in response to
Item 8, to follow.
Item 2: Satisfied.
Item 3: Satisfied.
Item 4: Not Satisfied. Applicant has applied for waiver of parking space width from standard 10'
wide to a 9' width. We understand. the City Council will have .to. approve our waiver
request. Plans as detailed indicated double striped parking spaces.
Item 5: Satisfied.
Item 6: Satisfied.
Item 7: Satisfied.
Item 8: Not Satisfied. Applicant must apologize that prior to plotting, engineers inadvertently shut
off the layer containing information requested. Water, storm and sewer information will
be included in submittal package for Planning and Zoning Public Hearing.
Item 9: Satisfied.
Item 10: Conditionally Satisfied. Sidewalk and monolithic curb and sidewalk sections were
indicated on plans for Planning and Zoning Board Workshop.
1401 FORUM WAY, SUITE 100 •WEST PALM BEACH, FL 33401 561- 684 -6841 •FAX: 561- 684 -6890 E -MAIL: ogp6841h1aol.com
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Item 11: Not Satisfied: Handicap ramps and pedestrian crossings will be added to connect the
sidewalks at the entrances of both circular drives.
Item 12: Satisfied.
John, we trust that these initial answers will be sufficient for your purposes and those of Mr.- Donahue as
we prepare for the Planning and Zoning Public Hearing on October 12, 1999. It is our intention to provide
you revised plans reflecting these comments, prior to the regular P &Z Hearing.
Sincerely,
a$4VP\a0Wf G716AW
Anthony E. Oliver
Senior Partner
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OLIVER • GLIDDEN &(PARTNERS
A R C H I T E C T U R E • I N T E R I O R D E S I G N
October 26, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
Planning & Zoning
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
Petition PUD -99 -12
Dear John:
The following are responses to staff comments:
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern
Palm Beach County Improvement District's standard permit.
Response
Agree.
2. Conditions #7, #8, #10, #14, #17 and #18 of Resolution 118, 1994 shall be carried over
with the approval of this petition.
Response
Agree, but expand definition of Ancillary use to say... Professional /Medical ancillary
uses are those that will provide a service function or support for the
professional /medical components of the project. These may include, but not be
limited to: Pharmacies, medical supply outlets, book stores, printing & copying
centers, restaurants, newsstands, flower shop, gift shop, sundries, travel agency,
etc.
3. Condition #13 shall be carried over, but in a revised manner, Condition #13 shall read:
If the Florida Department of Transportation (FDOT) PGA overpass�l4!, -Die ��a9.the
Alternate A1A and PGA Boulevard road frontage associated witli,jtfis protect atediot
acceptable to the City, then the applicant, successors, or assigns,,so6ll be re onsible`(o�r.,
replacing an meandering sidewalk or roadway landscaping, inc udin th�IA , along'
P 9 Y 9 Y ��i 9 �� 1
PGA Boulevard and Alternate Al adjacent to the project that i� remov%d in o ctio
with the required construction of the aforementioned over�,.Piss, inPt�"t�guratio %.
acceptable to the City. ■ ZONING �
1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • 561- 684 -6841 • FAX: 561 -684 -6890 - E- MAIIt`(- 66P4 N l:corn w O
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Response
.to the City, then the McArthur Center POA app, ccssor
4. Condition 91 of Resolution 164, 1996, which states that "[t]he louvers are to be painted to
match the window frames ", shall be carried over with the approval of this petition.
Response
The color of louvers needs to be compatible with location, i.e. if in granite or
precast, they should match surrounding building color.
5. The applicant, successors, or assigns shall maintain and irrigate any and all future
landscaping from their property line along PGA Boulevard to the edge of pavement of the
elevated overpass.
Response
The McArthur Center POA appliiari, sUcc63sors, or assigns shall maintain and
irrigate any and all future landscaping from their property line along PGA Boulevard
to the edge of pavement of the elevated overpass.
6. The applicant, successors, or assigns shall maintain and irrigate any and all future
landscaping along the shoulder, and in the medians, of Alternate Al A, adjacent to their
property.
Response
The McArthur Center POA ripp ;cant, successors, or assigns shall maintain and
irrigate any and all future landscaping along the shoulder, and in the medians, of
Alternate A1A, adjacent to their property.
7. The loss of the traffic trips with this approval (compared to the previous approval) shall be
permanent. The applicant will not be permitted to amend this PUD approval in such a
manner that would increase the amount of traffic generated by this site.
Response
Agree.
8. The bank's drive - through operation shall account for less than 50% of the bank's
business.
Response
Agree. Llty
9. Prior to scheduling this petition for first reading by City Coun LI,;,,the apIk,9,tQshall r vE
the note on the site plan that states the following: �� &
I,\ zoniNC ,L
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Page #3
Note: Build -out of the development shall occur prior to 2/16/99. The applicant or his
successors in title may notify the City Manager, and upon approval of the City Manager,
the applicant may construct the improvements in a different sequence.
Response
Agree.
10. Prior to scheduling this petition for first reading by City Council, the applicant shall revise
the traffic statement from Kimley -Horn so that it corresponds to what is detailed on the site
plan (include the traffic generated by the second office).
Response
Agree.
11. Prior to scheduling this petition for first reading by City Council, the applicant shall define
its use for the term "ancillary use ".
Response
See wording in #2 above.
12. Prior to scheduling this petition for first reading by City Council, the applicant shall correct
the errors shown on the site plan regarding the parking counts (including the number of
parking spaces in the garage).
Response
Agree.
13. Prior to construction plan approval, the applicant, successors, or assigns shall verify that
all the requirements of the master storm water permit have been satisfied to the
satisfaction of the City Engineer.
Response
Agree.
14. If 9 -foot wide parking spaces are acceptable to the City, then the parking spaces will have
to be double stripped.
Response
The 9 foot wide parking spaces in the garage will be double striped.;
15 Prior to scheduling this petition for first reading by City Council, the: applicarli Skjp dhow
pipe material for water, sewer and storm sewer on the appropriate; sheet ' urr n Pe
plans show no drainage pipers, inlets or grading. RCP pipe is regl�r�d f�t�rri�ams
618
Page #4
under load bearing surfaces.
Response
Agree.
16. Prior to construction plan approval, sidewalk detail shall be added to the paving, grading
and drainage detail sheet.
Response
Agree.
17. Prior to scheduling this petition for first reading by City Council, the applicant shall revise
the site plan to show handicap ramps and a pedestrian crossing at the entrance of the
circular drives.
Response
Agree.
Very truly yours,
Anthony E. OI ver
Senior Partner
cc: Elayne Adams
Wayne Yetman
Steve Cohen
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83
OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
Ed Oliver
December 3, 1999 John Glidden
Daniel Brown
Keith Spina
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
Planning & Zoning
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
Petition PUD -99 -12
Dear John:
Please accept this letter providing you with a narrative response to those questions raised in your letter
dated November 30, 1999 and several other items that were discussed in our recent meeting on the 30"'.
We trust the following will be self - explanatory:
1. "We have received and reviewed the revised landscape plan, however we have not yet
received copies of the revised site plan, elevations, etc. Please submit these plans so that
Engineering, Seacoast Utility Authority, the City Forester, and the rest of Staff can review
these plans and give their comments to the Planning and Zoning Commission."
Response
Please find attached revised site plans and exterior elevations for the garage and
the buildings per your request. Please note that there are minor changes in a few
areas of the buildings along with a change in precast color and glass color in
response to the Planning Commission's comments.
2. "Phase 1 of the site has been platted separately from Phase 2. This raises several
questions. Is it your intention to proceed with Phase 2 as a separate project, or do you
plan to replat, so that Phase 1 and 2 are platted as one property? If the former is your
intent, you will need to review the revised site and landscape plans to determine if any
additional waivers will need to be requested. The former will also require engineering
approval (see definition of "Parcel" in section 78 - Definitions of the City�G d '
Response
It is the intention of the applicant to amend the existing plat r/ rdePtb ee as
all 92.73 acres of the property (after the FDOT taking) and that has��4 as
2B will be defined on the lat. We ask that this condition t to a a P P� .
amend t he plat in order to incorporate the future phases of lopmeJrh
1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • 561- 684 -6841 • FAX: 561- 684 -6890 • E -MAIL:
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2A and 2B) into parcels D and E and that this be accomplished prior to the issuance
of the building permit for the first building."
3. Please revise you definition of "ancillary uses" so that all the uses you are proposing are
clearly stated; it is unacceptable to use the phrase "the proposed ancillary uses for the site
may include, but are not limited to" (or any other similar phrase)."
Response
Ancillary uses are further defined as....
Pharmacy Bookstore
Newsstand Office Supplies /Pack & Ship
Beauty Salon /Barber Shop Travel Agency
Medical Retail Retail Brokerage
Bank Real Estate Office
Card Shop Mortgage Company
Title Company
Staffing Company
Res tauranbCafe /Coffee Shop /Internet Cafe /Bakery
4. "Please remember that public notification of the surrounding property owners must be
done by certified mail and an affidavit attesting to this must be submitted to our
department."
Response
We understand that the surrounding property owners must be notified by certified
mail. Once we have finished with the next P&Z workshop on December 14', we will
confirm the January 11' regular P&Z meeting and then will mail out the notices.
5. "If it is your intent to have the Regional Center Property Owners Association(POA) take
responsibility for the installation and /or maintenance of the rights -of -way and medians
along PGA Boulevard and Alternate Al A, then you must submit a letter from the POA
stating that they take responsibility for these items. If FDOT is planning on moving or
installing or maintaining any of this landscaping, we will need to have a letter from them
stating what they will be responsible for."
Response
Please find attached information from the MacArthur Center Property Owners
Association (Common Areas are defined in Article 1, Section 5 and the maintenance
is covered in Article IV, Section 4) that declaratively answers the questions of
responsibility for the continuing maintenance and irrigation of h ! ndscaping
within the portions of the rights -of- -way for A 1 and PGA S� ar7� bi Wy the
medians and the portions of the rights -of -way adjacen# G Corporal
Center).
f
It is FDOT's intention to install the landscaping in the rig l -of -,
it is appropriate for them to do so. We would further n id�tha
ZflA';NG
,�>� 1 8 5
Page #3
need to be finished in advance of when the interchange is completed and it would
not seem'reasonab /e for us to install landscaping now and then have to remove it
later due to FDOT construction or that the issuance of a C.O. for our project could
be held up due to FDOT scheduling beyond our control.
6. "Please address the following comments /requests from the Planning and Zoning
Commission at their November 9, 1999 meeting:
1. The landscape plan needs to be revised to show more landscaping screening the
parking garage.
Response: Please see revised landscape plan sheet L -1. Please note that
we have agreed to add landscaping in front of the architectural elements on
the west side of the parking structure.
2. The note on the landscape plan needs to be revised regarding the replacement of
trees.
Response: The landscape note will be revised to include either an oak tree
or a pine tree as the replacement tree in the event that a tree we are
attempting to preserve does not live.
3. The applicant needs to submit a landscape phasing plan.
Response: Please find attached a separate landscape phasing plan to show
the landscaping underneath the Phase 2B portion of the parking garage.
4. The applicant needs to submit detail regarding the drive - through teller concept in
the parking garage.
Response: Please see attached sheet G -1 that shows the detail of the drive -
through teller lane on the first floor of the parking structure
5. Building 2a needs to be more tightly connected with the sculpture garden."
Response: Please note that we have added an additional sidewalk to more
closely connect building 2a to the sculpture garden's main walkway.
Miscellaneous Comments:
1. Tabular Data- The tabular data accurately reflects the current plan.
2. Please note that the parking counts on the tabular data and
now consistent. Z
3. Existing Resolutions- Please review the following resoldt, ns
our mutual effort to consolidate prior resolutions that weY�I nc
that would be critical to the existing skilled nursing facfi ty', or
Resolution 164, 9996
Ing•`garage are
�kA4� '
�ave t a in
Muml 8 t
Page #4
Resolution 124, 1996
Resolution 69, 1996
Resolution 89, 1995
Resolution 21, 1995
Resolution 118, 1994
4. We do not believe that waivers should be required for setbacks from parcel lines or
from the western boundary of the existing plat. However, if this is required, we
respectfully request those waivers be granted as part of this application.
5. Our response letter of October 26, 1999 is included by reference.
We trust this will be satisfactory for your purposes and look forward to the meeting on the 14Th
Sincerely, 6 * V9'�
q i'l Anthony E. Oli er
Senior Partner
cc: Elayne Adams
Wayne Yetman
Steve Cohen
Frank Meroney
Joe Pollock
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OLIVER - GLIDDEN & PARTNERS
ARCHITECTURE - I N T E R I O R D E S I G N
January 4, 2000
Mr. John Lindgren, City Planner
City of Palm Beach Gardens
Planning & Zoning
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
Petition PUD -99 -12
Dear John:
Request for waivers:
A. Section 188 -475, Parking Spaces
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
Section 118 -475 sets forth the parking stall and bay dimensional requirements for use
within the City. The City Council may approve stall dimensions lesser than the standard
established in this subsection when the reduction in the paved area is matched by equal
or a greater increase in the amount of landscaped open space in or around the parking
area. A waiver is requested to allow the proposed parking stalls located in garage
structure to be 9' -0" wide x 18' -6" deep with 26' -0" aisles.
Justification:
As in other projects in the City (i.e. City Centre), it is acceptable to provide 9' -0" wide
spaces as long as the width of the aisles are 26-0 ".
B. Section 118- 213(g), Building Height Limits
Provides that a maximum building height in a PUD is to be established by the City Council,
taking into account the use proposed and its relationship to the surrounding development
and adjoining uses. Since the PUD takes on the characteristics of the underlying land use,
in this case PO professional and office district (Sec. 118 -204 [f]). A waiver is requested
to allow the following building heights:
The proposed office buildings heights are: 98' (To the highest point of the building)
The proposed garage height is: 79' (To the top of the gable roof)
The existing office building is: 150' (approximate)
The existing skilled nursing building is: 60' (approximate)
■
1401 FORUM WAY, SUITE 100 - WEST PALM BEACH, FL 33401 - 561- 684 -6841 - FAX: 561- 684 -6890 - E -MAIL: ogp6841 @ *o 1 8
Lic. No. AA C000669 - IB 0000977 V
Page #2
Justification:
The proposed buildings are not as tall as the existing 3801 Building which was previously
approved and the height is compatible with the existing 3801 Building and other existing
buildings this part of the City.
Very truly yours,
04 W -
Anthony E. Oliver
Senior Partner
cc: Elayne Adams
Wayne Yetman
Steve Cohen
P:\PROJECT\ACTIVE\98\GCC-8073\SUPPORT\JLIN1040.WPD
IRMM 18 9
OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
January 7, 2000
John Lindgren, City Planner
City of Palm Beach Gardens
Planning & Zoning
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Gardens Corporate Center
Palm Beach Gardens, FL
Project Number: 98073
Dear John:
The following are the questions the City posed to OG &P with our responses:
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
1. More midstory plantings- 10 -16 ft. flowering w/ color
The Owner and the Landscape Architect believe that there is sufficient low to mid -level planting along
the west side of the garage.
2. Information on lighting in bank drive -thru
8 copies of the photometric study for garage levels 1 and 2 are delivered herewith.
3. Statement: if ancillary uses are accounted for in the traffic analysis and how they are
accounted for.
"Ancillary uses" are ancillary to Professional Office uses, and are accounted for in the Traffic analysis
as Professional Office.
4. Justification statements for codes: cite section of code and waiver
Request for Waver and justification Letter attached.
5. Roof plan correction -typo says 189' and it is actually 89'
8 copies Revised Roof plan dated 1/3100, submitted 1/4/00.
Very truly yours,
Anthony E. Oliver
Senior Partner
Enclosures
P:\PROJECTIACTIVE \98\GCC- 8073 \SUPPORT\JLRES 170.WPD
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1401 FORUM WAY, SUITE 100 • WEST PALM BEACH, FL 33401 • 561- 684 -6841 • FAX: 561- 684 -6890 • E -MAIL: ogp6841@
Lic. No. AA C000669 • IB 0000977 19
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Date Prepared: March 9, 2000
SUBJECT /AGENDA ITEM:
Public Hearing /Second Reading: Ordinance 9, 2000, a request by City staff to allow for
the extension of term limits for Planning and Zoning Commission members.
RECOMMENDATION:
Staff recommends that Ordinance 9, 2000 be approved.
Reviewed by-
Originating Dept.:
Costs: $
Council Action:
1 �1
Total
City Attorney
Legal
[ ] Approved
Finance NA
ACM
Human Res. NA
Other NA
r _e
V
$
Current FY
[ ]Approved w/
conditions
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Not Required
[ ] Other
• Ordinance 9, 2000
Submitted by:
Growth Management
Affected parties
Budget Acct. #::
Director
c
[ ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
1
REQUEST:
Approval of Ordinance 9, 2000, a request by City staff for an amendment to Section 2 -84 of
the City Code of Ordinances. Section 2 -84 currently limits the terms of any City board
member to six years unless there are no eligible replacements. In the case of the Planning
and Zoning Commission there are several members whose terms are about to expire, and
there may be eligible candidates to replace them. However because of the unusually high
level of land development in the City at the present time, it is vital that the City not lose these
members' knowledge, experience, and expertise. This Ordinance would allow their terms to
be renewed.
g /short: term limits
fjI
`i
lower � �
ORDINANCE 9, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE III, BOARDS COMMITTEES AND COMMISSIONS, DIVISION 1,
GENERALLY, SECTION 2 -84, TERM OF MEMBERSHIP, OF THE CITY
CODE OF ORDINANCES TO EXTEND THE TERMS OF MEMBERSHIP
WHEN SUCH EXTENSION IS IN THE BEST INTERESTS OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Section 2 -84 of the City Code of Ordinances currently limits the term
of membership on any City Board to six consecutive years unless no eligible candidate
shall be available to fill a vacancy; and
WHEREAS, due to the tremendous growth being experienced by the City, the City
Council recognizes that it may be in the City's best interest to retain members on certain
boards, such as the Planning and Zoning Commission, for extended periods based upon
their enhanced knowledge, experience and capabilities, notwithstanding that other persons
may meet the eligibility requirements for board membership.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and
confirmed and are incorporated herein.
Section 2. Section 2 -84, "Term of Membership," of Division 1, "Generally," of
Article III, "Boards, Committees and Commissions," of Chapter 2, "Administration" of the
Code of Ordinances of the City of Palm Beach Gardens is hereby amended to read as
follows:
Sec. 2 -84. Terms of membership.
(b) Members or alternates shall serve no more than six
consecutive years, and no member shall be eligible for appointment to the
same board until one year from the date the person left the board. The city
council shall have the right to waive the foregoing requirements in the event
that no eligible candidate shall be available to fill the vacancy or the city
council determines, in the exercise of its discretion, that the member's
reappointment is in the best interests of the city, notwithstanding that the
member will serve longer than six consecutive years.
Section 3. If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
Ordinance 9, 2000
Page 2
Section 4. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed.
Section 5. This Ordinance shall become effective immediately upon adoption.
PLACED ON FIRST READING THIS DAY OF , 2000.
PLACED ON SECOND READING THIS DAY OF , 2000.
PASSED AND ADOPTED THIS DAY OF , 2000.
SIGNED:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
ATTESTED BY:
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN CARL SABATELLO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
P: \C P W i n \H I S TO RY\0 00118A \4 3 F .13\s tm (1501.0 00 )
j5vjvr2 0 O
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:
Subject/Agenda Item --
Resolution 10, 2000 — Appointments to a Charter Review Committee
Recommendation /Motion:
Staff recommends approval of Resolution 10, 2000, appointing 7 members to Charter
Review Committee.
Reviewed by.�
Originating Oept.:
Costs: $
Council Action:
City Attorney I
Administration
Total
( ] Approved
Finance_n
ACM ` (I()
$
Current FY
( ]Approved
[ ]Denied
Human Res.
Other
Advertised: NA
Funding Source:
( ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Not Required
( ] Other
l
Submitted by. _
Linda V. Kosie
Affected parties
t I Notified
Budget Acct. #::
( ] None
Approved by.
[ ] Not required
BACKGROUND: Section 22 -1 of the City's Charter requires the Charter to be reviewed
when deemed necessary by the City Council, but not less frequently than every 5 years.
The last review of the City's Charter began in 1993. The Committee made
recommendations, which went to the electors of the City in March, 1994. The
recommended amendments to the Charter were successfully approved and incorporated
into the City Charter. Five years has expired since the last Charter review.
May 18, 1993
May 25, 1993
May 27, 1993
RESOLUTION 57, 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, CREATING A
CHARTER REVIEW COMMITTEE AND APPOINTING
PERSONS AS MEMBERS THEREOF; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council is of the opinion that certain
requirements contained in the City charter are not applicable to
current operation of government, and
WHEREAS, in particular, the current requirements for Special
Elections to fill vacancies on the City Council creates great
expense of time and money as well as efficiency in operation of
government, and requires review for improvement, together with
requirement of more flexibility in the public bidding process, and
WHEREAS, in addition thereto the City Council desires review
of the entire charter contemplating efficient procedures of
governmental operations in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council hereby creates a Charter Review
committee to be comprised of seven (7) persons.
The direction of said committee shall be review of the
existing charter and recommendations to the City Council on
specific charter changes for a more effective and efficient City
government.
Section 2. The Committee shall meet within ten (10) days from
date hereof, and elect a chairperson and vice chairperson, and
conduct as many meetings as the committee deems necessary; and,
shall receive information and testimony from all interested
persons. Four (4) committee members shall constitute a quorum.
An interim report shall be furnished to the City Council within
four (4) months of date hereof and a final report shall be
furnished within seven (7) months of date hereof_
The committee shall automatically be dissolved thirty (J0)
days from date said final report is submitted unless the time
period is extended by subsequent resolutions of the city council-
®MM-2n2
Section 3. The following named persons are hereby appointed
to the Charter Review Committee:
1. Lynn Hawkins
2. Steve Mathison
3. Gary Fields
4. Tom Baird
5. Lee Evett or the City Manager's Association representative
6. Eckhard Bennewitz
7. Linda Kosier, staff
Section 4. The City Manager shall provide space for committee
meetings and shall provide information and documents upon request_
Section 5. This Resolution shall be effective upon date of
passage. �y /`
INTRODUCED, PASSED AND ADOPTED THIS THE �?``�'( DAY OF JUNE, 1993.
OSEP RL RU�SO, MAYOR
ATTEST:
tlI A V. KOSIER, CITY CLERK
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR MONROE
COUNCILMAN JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
p1�tD
��L03
RESOLUTION 10, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW COMMITTEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22 -1 of the City of Palm Beach Gardens Code of Ordinances
entitled "Charter review" provides that the City Charter shall be reviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council hereby creates a Charter Review Committee to be
comprised of seven (7) members.
SECTION 2. The direction of said Committee shall be to conduct a review of the
existing charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government.
SECTION 3. The Committee shall meet within ten (10) days from the date of approval
of this Resolution and elect a chair and vice chair, and conduct as many meetings as the
committee deems necessary. Said committee shall receive information and testimony from all
interested persons. Four (4) committee members shall constitute a quorum. An interim report
shall be furnished to the City Council within four (4) months of the date hereof and a final report
shall be furnished within seven (7) months from the approval date of this Resolution.
The Committee shall automatically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolution of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Committee:
SECTION 5. The City Manager shall provide space for committee meetings and shall
provide information and documents upon request_
SECTION 6_ This Resolution shall be effective upon adoption_
M
*14w2 4
INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF FEBRUARY, 2000.
ATTEST:
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY.
LINDA V. KOSIER, CMC, CITY CLERK CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
p' pit �2 0 15.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Subject/Agenda Item:
Consent Agenda: Resolution 20, 2000
Approval of Waiver from Residential Component - Comprehensive Plan Mixed Use
Criteria: Parcel 5B
Recommendation /Motion:
Staff recommends approval of Resolution 20, 2000.
Reviewed b
Originating Dept.:
Costs: $ -0
Council Action:
City Attorne}
Planning
Division
Total
[ ] Approved
`
ACM_
��
$ 0
[ ] Approved w� condition
�
Current FY
Other N/A
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date:
[ )Operating
Paper:
[ ] Not Required
[ ] Other N/A
Location Map
Submitted by:
03 06 o v
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x ] Not required
BACKGROUND:
This is a request for a waiver from the residential criteria for a proposed Mixed Use
Development. The location of the proposed development is former MacArthur Parcel 5B.
The 30 acre parcel is located directly north of the Northcorp Planned Community District
and is bounded by Alternate Al to the east and PGA Boulevard to the north (43E -42S -6
& 42E- 42S -12)
The Comprehensive Plan Future Land Use Designation contains four criteria for allowing
a non - residential Mixed -Use Development. The petitioner must demonstrate that their
proposed site /development meets at least two of those four criteria. City Council
X""RIMC.a6
must approve or deny a waiver from the residential requirements based on compliance with
this criteria.
The petitioner has indicated that their development/site meets the two following criteria:
(1) The parcel represents in -fill development and is surrounded on three sides by non-
residential land uses including man -made and natural barriers such as canals and
major arterial roadways.
The surrounding land uses include PGA Boulevard, the future fly -over and a
vacant piece of land with an Industrial future land use designation to the north
(Parcel 5A), the Florida East Coast railway, Alternate A1A, the future fly -over
cloverleaf and the future Legacy Place Mixed Use Development to the east
(Parcel 28.01), the proposed Gardens Station nonresidential MXD project and
further south, the Northcorp PCD Business Park, RCA Boulevard extension
and the Loehman's Plaza shopping center. The only adjacent residential is
the voluntary residential component of proposed Legacy Place nonresidential
MXD PCD, which is located east of the subject site.
(2) The density /intensity of existing or future land uses immediately surrounding the
parcel are compatible with non - residential uses.
The site is adjacent to PGA Boulevard that is the City's "mainstreet" to the
north and Alternate A1A and railroad tracks to the east. To the west is the
Loehman's Plaza Shopping Center and the Marriott Hotel. To the south is the
proposed Gardens Station nonresidential MXD project and further south is the
Northcorp Business Park
Staff has determined that the site meets the criteria set forth in the Comprehensive Plan
for a Non - Residential Mixed Use application. Staff recommends approval of a waiver from
Mixed Use residential requirements. Resolution 20, 2000 has been prepared for Council
consideration.
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February 25, 2000
RESOLUTION 20, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, PROVIDING FOR APPROVAL OF A WAIVER OF THE RESIDENTIAL
COMPONENT WITHIN A MIXED USE PROJECT FOR PROPERTY COMMONLY
REFERRED TO AS "PARCEL 513"; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Growth Management Department has received an application from RCA
Center, Ltd., for approval of a waiver from the residential criteria for a proposed Mixed Use
development; and
WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver from the
residential component, thereby allowing a non - residential mixed use project; and
WHEREAS, the Growth Management Department has determined that said application
meets two of the criteria necessary for the waiver of the residential component within a Mixed Use
project as requird by the Comprehensive Plan;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council hereby approves a waiver for Parcel 5B from the required
residential component of a Mixed Use development, thereby allowing a non - residential mixed use
project.
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF 12000.
JOSEPH RUSSO, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
ffim
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
wpm
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 16, 2000
Date Prepared: February 23, 2000
SUBJECT /AGENDA ITEM:
SP -99 -19 Consideration for Approval: Resolution 21 , 2000, a request for a major site
plan approval for Lot 12, which is a parcel within the NorthCorp PCD. This application
requests the approval of a 2,625 square foot delicatessen, to be known as the NorthCorp
Deli.
RECOMMENDATION:
Staff recommends that Resolution 21 , 2000 be approved with conditions.
Reviewed by
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
Finance NA
[ ] Approved w/
ACM k4C) .3I ?I Da
4�
Current FY
conditions
I ,
Human Res. NA
[ ]Denied
Other NA
—
Advertised:
Funding Source:
[ ] Continued to:
Date:
[ ] Operating
Attachments:
• Resolution 21 , 2000
Paper:
[ ] Other
NorthCorp Master
Plan
Lot 12 Site Plan
Lot 12 Landscape
Plan
Urban Design Studio
memo of 2/2/00
Waiver Request of
[X] Not Required
1/19/00
Submitted by: 06
Grbwt rManagem nt
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ] None
Approved by:
City Manager
[X] Not required
UNW21
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
REQUEST:
Urban Design Studio, agent for NorthCorp Center, Inc., is requesting major site plan
approval for Lot 12, which is a parcel within the South Park Center Plat of the NorthCorp
PCD. The 1.81 -acre site is currently vacant. The applicant requests the approval of a
2,625 square foot delicatessen on the north end of Lot 12. The site is located on the east
side of East Park Drive at its intersection with NorthCorp Parkway, on the east border of
the NorthCorp PCD. (7- 42S -43E)
BACKGROUND:
Lot 12 is part of the NorthCorp PCD, which was originally approved on January 18, 1990
with the adoption of Ordinance 1, 1990. Ordinance 1, 1990 united all lands comprising the
former RCA site into one development order. It also provided an approval mechanism for
future petitions for lots within the PCD, assigned site - specific restrictions to certain lots,
established maximum trip generations for the development, and established time - certain
conditions of approval for certain road and drainage improvements.
Condition #21 of Ordinance 1, 1990 provided that one of the permitted retail uses in the
PCD would be a delicatessen. Condition #6, however, limited non - industrial /non - office
uses in NorthCorp to 5% of the total approved square footage of the PCD, although during
development (that is, prior to ultimate buildout) such uses could comprise up to 10% of the
total square footage. Currently, non - office and non - industrial uses comprise about 8% of
NorthCorp, and this will change very little with the addition of 2,625 square feet of
delicatessen because the total square footage of NorthCorp is so great (currently 919,926
square feet). However, as this project approaches buildout, they will have to construct
mostly office and industrial in order to end up with 5% or less in other uses.
LAND USE & ZONING:
The subject site is zoned Planned Community District (PCD), has a future land use
designation of Industrial (1), and is listed as Commerce and Trade (CT) on the Vision Plan.
For a complete listing of adjacent uses, land use designations and zoning districts, see
Table 1 on the following page. Table 2 on page four (4) examines how consistent the
proposed project is with the City Code and with Ordinance 1, 1990.
CONCURRENCY:
The proposed project is not subject to concurrency because it is part of a large, previously
6
wvr2 1 1
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
approved planned development with a certain amount of capacity reserved. The City's
traffic consultant has reviewed the project, however, to be sure that there is sufficient traffic
capacity left in the PCD to support the proposed development of Lot 12.
PUBLIC & PRIVATE SERVICES:
The City's Development Review Committee (DRC) discussed the request at its meeting on
January 13, 2000. A listing of the various departmental comments is attached for review.
PROCEDURE:
This is a request for a major site plan approval within an approved PCD. According to
Ordinance 1, 1990, this project shall be reviewed by the City's Planning and Zoning
Commission (sitting as the Site Plan and Appearance Review Committee) and by the City
Council. Approval is to be by Resolution, and neither public notice nor a public hearing are
required. The request is reviewed by the Development Review Committee (DRC), who
forwards comments and recommendations to the Site Plan and Appearance Review
Committee. Acting in an advisory role, the Committee considers the recommendations of
the DRC and City Staff and makes a recommendation to the City Council. The City Council
reviews the request and makes a final determination of approval, approval with conditions,
or denial.
PROJECT DETAILS:
Project Summary
This proposal calls for the construction of a one -story, single- tenant building of 2,625
square feet, which will be used for a delicatessen and catering operation. The building will
contain approximately 50 seats, and the site will have 20 parking spaces. Hours of
operation will be approximately 7:30 AM to 6:00 PM.
Because of its internal location, the business will rely primarily on trade from within
NorthCorp PCD. It is anticipated that breakfast and lunch will be the heaviest times of
operation, although the building will also serve as the base of operations for a catering
service.
The applicant is requesting a pick -up window on the east side of the building. There will
be no menu board or call box; the window will be used only for orders which have been
faxed in or phoned ahead. The City's land development regulations do not except pick -up
only windows from the code requirements for drive - through facilities, however, so 100' of
stacking is required even for a pick -up window. The applicant cannot provide a full 100'
3
P"NN21 ^
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
of stacking, and so is requesting a waiver from the stacking requirement. The site plan
can accommodate only about 60' of stacking.
Building Site
The site, which totals 1.81 acres in size, is very long and narrow. It lies on the east side
of East Park Drive between the road and the east boundary of NorthCorp PCD. The site
is undeveloped and is vacant, containing only annual grasses. There are a number of
easements and utilities traversing the site, especially on the east property line. An existing
50' drainage easement which parallels the east property line must be abandoned because
it would render the site unbuildable. Abandonment is feasible because the City has
acquired rights to another 50' drainage easement immediately outside the eastern border
of NorthCorp. Abandonment of the easement will be a pre- condition for the issuance of
a building permit for this project.
The petitioner proposes to develop only the northern portion of Lot 12 at this time. Any
future development of the southern part of the property would require an amendment and
re- approval of this site plan.
Site Access
The site will have a driveway onto East Park Drive directly opposite its intersection with
NorthCorp Parkway. The site plan also calls for an "exit only" drive at the northern end of
the property.
Siqnaqe
No ground signs are being proposed. The plan does call for two flat wall signs, one on the
east facade of the building (facing the FEC Railroad and Alternate A1A beyond) and one
on the western facade which would be visible from East Park Drive and NorthCorp
Parkway. Staff does not believe that it is the intent of the sign code to allow the sign on
the east facade. The applicant disagrees and has offered their rationale in a memo dated
February 2, 2000 (attached). Essentially the applicant argues that the sign code allows
both a "building identifier" sign and a "principal tenant" sign. Staff believes that only one
sign is allowed when the building has only one tenant. The petitioner has also provided a
waiver justification for the additional sign in case staff's position is upheld.
Phasing
The proposed project will be done in two phases. The first phase will include the proposed
deli and its associated parking. The second phase (the south portion of the property) has
no proposed use at this time and will be subject to future City approvals.
4
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
DRC COMMENTS:
The following review agencies or individuals had no comment on the proposal: Fire
Marshal, Parks & Recreation, Waste Management, Palm Beach County School Board, City
Environmental Consultant, Public Works, Public Information, Code Enforcement, City
Attorney, Northern Palm Beach County Improvement District.
Planning & Zoning Division
The Planning and Zoning Staff reviewed this petition at DRC and offered the following
comments:
1. The City's traffic consultant is reviewing an updated traffic statement
submitted by the applicant. This review must be complete prior to City
Council approval.
2. The 50' drainage easement must be formally abandoned before City Council
approval.
3. A letter from Seacoast Utility Authority must be submitted indicating their
authorization to build so close to their easement.
4. The sidewalk and streetscape should be installed for the entire length of the
project's frontage on East Park Drive.
5. Prior to the issuance of a building permit, written permission from all
easement holders must be obtained for parking, landscaping or any other
improvements in the project's remaining easements.
6. No development in Phase 2 can take place until the City reviews and
approves a revised site plan for that area.
7. The loading space is substandard (too short and insufficient maneuvering
apron) and will require either a re- design or a waiver.
8. The project must comply with NorthCorp PCD's buffer and streetscape
requirements.
9. The sign on the east facade does not meet code.
City Engineer
The City's traffic consultant is reviewing an updated traffic statement from the petitioner,
which must include daily and peak hour trips. See other comments in memos of 1/13/00
and 1/11/00 (attached).
Palm Beach Gardens Police
See attached comments and crime prevention matrix.
5
now? 4
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
Seacoast Utility Authority
Seacoast had two concerns. First, they noted that the proposed building is situated on a
50' drainage easement. Second, the proposed building does not appear to meet their
required setback from an existing 20" water main.
Waivers
The applicant is requesting the following waivers:
1. The code requires 100' of stacking for the pick -up window. The site plan provides
about 60'.
2. The sign code allows only one wall sign on the building. The applicant proposes two.
3. The proposed loading zone is 12' x 30' instead of the required 12' x 35', and the
required 12' x 35' maneuvering apron behind it is substandard.
SITE PLAN AND APPEARANCE REVIEW COMMITTEE:
The Site Plan and Appearance Review Committee reviewed this project at their meeting
of February 8, 2000. The Committee was generally satisfied with the proposal except that
they suggested some architectural and site plan improvements which the applicant agreed
to incorporate. These improvements included:
1. The sloped tile roof and stucco parapet wall shall continue unbroken along the north
elevation.
2. The plans shall be modified to show the profile of all columns and pilasters.
3. Two horizontal mullions shall be provided at each window, evenly spaced to create
three flat panels with a 6" wide stucco band in the same color as the columns around
the perimeter.
4. Add a third pilaster /beam detail at the center of the east elevation near the drive -in
window.
5. The landscaping along East Park Drive as well as the landscaping along the east
property line shall be completed in accordance with the NorthCorp PCD master
landscape plan within two years of this approval.
6. The pick -up window area shall not have a call box or menu board.
The Committee also recommended the approval of all three of the requested waivers.
6
rwwwM9, I
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
Final Recommendation
Based upon further discussions with the petitioner and the review of this project by the Site
Plan and Appearance Review Committee, the staff recommends approval of this project
with the following conditions:
1. Prior to the issuance of a building permit, the 50' drainage easement paralleling the
east property line must be formally abandoned by the City Council. (Development
Compliance Officer)
2. Prior to the issuance of a building permit, the applicant must submit a letter from
Seacoast Utility Authority indicating its acceptance of the building foundation location,
which is in close proximity to its easement. (Development Compliance Officer)
3. Prior to the issuance of a building permit, written permission must be secured from all
easement holders indicating their approval for parking, landscaping, or any other
improvements in their easements. (Development Compliance Officer)
4. No development can take place in Phase 2 until the City reviews and approves a
revised site plan for that area. (Planning and Zoning)
5. The project must comply with NorthCorp PCD's buffer and streetscape requirements,
as approved by the City Forester. (Development Compliance Officer)
6. Landscaping and sidewalk installation along East Park Drive south of the termination
of the sidewalk and landscaping shown on the approved plans shall be completed in
accordance with the NorthCorp PCD master landscape and streetscape program
within two years of this approval. (Development Compliance Officer)
7. Landscaping along the east and south property lines of this project south of the
termination of the landscaping shown on the approved plans shall be completed within
two years of this approval, in a configuration acceptable to the City Forester.
(Development Compliance Officer)
8. The drive - through shall not have a menu board or a call box. (Development
Compliance Officer)
7
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Site Zoning =PCD
Also subject to Ord. 1,
1990
Delicatessen
City Council
Meeting Date: March 16, 2000
Date Prepared: February 25, 2000
Petition SP -99 -19
Yes
Minimum Building Site N/A N/A
Area
Minimum Site Width N/A N/A
Minimum Open Space
28% 81% Yes
Maximum Building Height
None
Front Setback
25'
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25'
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Yes
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March 3, 2000
Mr. James Norquest5 AICP
Principal Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: NORTHCORP LOT 12
RESPONSE TO SITE PLAN AND APPEARANCE
COMMITTEE COMMENTS
PBG PETITION # SP -99 -19
UDS REF.: #11153.45
Dear Jim:
urban
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
In response to the Site Plan and Appearance Committee members comments at its February 8,
2000 meeting, attached for your review are the revised development plans for the above -
referenced project. The plan modifications are as follows:
Building Elevations
• Horizontal window mullions have been added to all elevations.
• The four -inch column and 1.5 -inch window banding articulations have been identified.
• The barrel tile roof has been closed off on the north elevation. As a result, access to the
roof will be through a roof hatch, which is identified on the roof plan.
• Additional columns and architectural treatments have been added to the east elevation,
especially around the pick -up window.
Landscape Plan
• Five -foot crepe myrtles have been added along the eastern perimeter buffer, at the
suggestion of the Site Plan and Appearance Review Commitee.
Should you have any additional questions, please feel free to contact me.
Sincerely,
Urban Design Studio
Henry St
Principal
c: James Griffin
GACOMMONUobs\NorthCorp\Lot 12 W orquestSPARCRev.030300.vrpd
LCC35
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2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
P,9 West Palm Beach, Florida 33409 -658;
561.689.0066 561.689.0551 fax
Irvine, CA
714.489.81:
9.. ,2 29
WAIVER REQUEST
AND JUSTIFICATION STATEMENT
FOR
NORTHCORP LOT 12
January 19, 2000
For your review and information are the waiver request and
justification statement for the NorthCorp Lot 12:
12' x 30' Loading Space (Section 118 -567)
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
We are requesting a waiver to allow for a 12' by 30' loading space for the proposed 2,625 square
foot delicatessen on Lot 12. The City Code requires the size of a loading space to be 12' x 35'. It
is not anticipated that the delicatessen will be serviced by smaller delivery trucks (bread trucks,
refrigerated trucks, soft drink trucks) rather than the larger semi -truck trailers. The proposed
loading space, which is only five feet less than the City standard, is of a sufficient size to service
the expected delivery trucks.
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409 -6582
561.689.0066 561.689.0551 fax
Irvine, CA
714.489.813
■Is Po 2
MEMORANDUM
TO: James Norquest, AICP
Principal Planner
FROM: Marty R.A. Minor, AICP —21) %si
DATE: February 2, 2000
RE: NORTHCORP LOT 12
PBG PETITION # SP -99 -19
UDS REF.: #11153.45
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
In response to your comments from our telephone conversation of January 31, 2000, attached are
our responses. For your convenience, your comments are in bold and our responses follow:
1. A waiver request and justification is needed for the drive -up window.
We request a waiver from the regulations regarding drive -thru facilities (Section 118-
479). We believe the proposed pick -up window does not meet the intent of the drive -in
definition nor the regulations for drive- through facilities. There will not be any call box
or menu board for the delicatessen. It is anticipated that customers will call in to the
delicatessen and then drive from their place of business or home to the pick -up window to
receive the ordered food items. The anticipated volume of traffic will be greatly less than
what is experienced by other, more common, drive- through facilities with menu boards
and call boxes. This is a unique situation within the City and we believe it was not
anticipated by the Codes. We believe a waiver is justified for this situation.
2. Provide a waiver request and justification for the signage on the east elevation.
Subsection 110 -37 (b) of the City Sign Codes allows for a "flat/wall sign installed on a
building, which identifies the building or a principal tenant ..... " The remainder of this
subsection identifies the maximum height of the location of this "Building
Identifier/Principal Tenant" sign and the maximum height of the sign letters. However,
there is no restriction as to which elevation this sign can be placed. The sign on the east
elevation is this "Building Identifier/Principal Tenant" sign.
Subsection 110 -37 (c) states that "In addition to the ground sign and/or flat/wall sign
which indicates the purpose of the building or a principal tenant, an occupant of a portion
of the building whose space is directly accessible from the
exterior of the building at ground level is allowed one
flat/wall sign or each elevations facing a public ri ht -of- ,a, �%'� \`
gn g P g 'Y 200x- 14, Beach Lakes Boulevard
and/or the primary entranceway, not to exceed two fac �' 16uite 600 the concourse
t Pal[�4 ach, Florida 33409-658:
(Sir 01561,�,1�9.00�6�, 561.689.0551 fax
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elevations." The signage on the west elevation, facing the East Park Drive right -of -way
and located over the primary entrance, is the permitted "tenant signage" as referenced in
Subsection 110-37(c). However, if required, we request a waiver to allow for this sign.
Although much of the delicatessen's business will be generated from within the
NorthCorp PCD, it is anticipated that some customers will be from outside the business
park. The eastern signage would allow customers traveling on Alternate A I A to see the
business and make the necessary vehicle movements to safely and efficiently access the
site and the business.
Please expand the waiver for the size of the loading zone to include the
maneuverability area.
As indicated earlier, we are requesting a waiver to allow for a 12' by 30' loading space for
the proposed 2,625 square foot delicatessen on Lot 12. The City Code requires the size of
a loading space to be 12'x 35. It is not anticipated that the delicatessen will be serviced
by smaller delivery trucks (bread trucks, refrigerated trucks, soft drink trucks) rather than
the larger semi -truck trailers. The proposed loading space, which is only five feet less
than the City standard, is of a sufficient size to service the expected delivery trucks. The
maneuverability area will be located behind the loading zone and around the corner of the
building. Delivery times will be adjusted to not conflict with the lunch time business.
The sidewalk, perimeter buffer, and streetscape landscaping should be continued
along East Park Drive the entire length of Lot 12.
The sidewalk has been extended approximately 270 feet to the south on the revised site
plan and landscape plan. We are proposing and would accept a condition of approval
stating that the remaining portion of the sidewalk, perimeter buffer and streetscape
landscaping would be installed prior the issuance of the certificate of occupancy for the
Phase II of the Lot 12 or prior to the issuance of the certificate of occupancy for Lot 9 of
South Park Center, whichever occurs first.
There is a discrepancy between the site plan and the site data table regarding the
building size.
The discrepancy has been rectified. The proposed building is 2,625 square feet in size.
Provide a cross - section of the southern portion of the site plan.
Cross section A -A' has been added to the revised site plan.
Attachments: Revised Site Plan
Revised Landscape Plan
c: James Griffin
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1���2 21
February 25, 2000
March 6, 2000
RESOLUTION 21, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
PROVIDING FOR APPROVAL OF A MAJOR SITE
PLAN FOR LOT 12 OF THE NORTHCORP
PLANNED COMMUNITY DISTRICT (PCD),
LOCATED JUST EAST OF THE INTERSECTION OF
NORTHCORP PARKWAY AND EAST PARK DRIVE
IN NORTHCORP PCD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance 1, 1990 approved the NorthCorp PCD; and
WHEREAS, Ordinance 1, 1990 provided that subsequent approvals for
parcels within the PCD were to be processed as major site plan approvals
without public notice and without advertising and were to be approved by
resolution; and
WHEREAS, the City of Palm Beach Gardens received an application from
Northrop Center, Inc. for a major site plan approval for Lot 12 of the NorthCorp
PCD as more particularly described in Exhibit "A" attached hereto, and
WHEREAS, the City's Growth Management Department has reviewed
said application and determined that it is sufficient; and
WHEREAS, the Site Plan and Appearance Review Committee has
reviewed the application and recommended that it be approved subject to several
conditions; and
WHEREAS, the City Council has determined that the petition is consistent
with the City's Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida,
approves a major site plan for Lot 12 of the NorthCorp PCD to allow the
construction of a 2,625 square foot delicatessen and related improvements.
4
�2 2 9
Section 2. All provisions and conditions of Ordinance 1, 1990 shall
remain in full force and effect.
Section 3. 'This approval is subject to the following conditions, which
shall be the responsibility of the applicant, its successors or assigns-
1 . Prior to the issuance of a building permit, the 50' drainage easement
paralleling the east property line must be formally abandoned or released
by the City Council. (Development Compliance Officer)
2. Prior to the issuance of a building permit, the applicant must submit a letter
from Seacoast Utility Authority indicating its acceptance of the building
foundation location, which is in close proximity to its easement.
(Development Compliance Officer)
3. Prior to the issuance of a building permit, written permission must be
secured from all easement holders indicating their approval for parking,
landscaping, or any other improvements in their easements. (Development
Compliance Officer)
4. No development can take place in Phase 2 until the City reviews and
approves a revised site plan for that area. (Planning and Zoning)
5. The project must comply with NorthCorp PCD's buffer and streetscape
requirements, as approved by the City Forester. (Development Compliance
Officer)
6. Landscaping and sidewalk installation along East Park Drive south of the
termination of the sidewalk and landscaping shown on the approved plans
shall be completed in accordance with the NorthCorp PCD master
landscape and streetscape program within two years of this approval.
(Development Compliance Officer)
7. Landscaping along the east and south property lines of this project south of
the termination of landscaping shown on the approved plans shall be
completed within two years of this approval, in a configuration approved by
the City Forester. (Development Compliance Officer)
8. The drive - through shall not have a menu board or a call box. (Development
Compliance Officer)
Section 4. The following waivers are hereby granted with this approval:
1. Vehicle stacking capacity 'Section 118 -479 which requires that
drive - through facilities shall have stacking for five automobiles
(100'), to allow stacking for three automobiles (60').
2. Off - street loading facilities— Section 118 -567 which requires that
off - street loading facilities shall be a minimum of 12' wide by 35'
long, with a maneuvering apron directly behind of 12' wide by 35'
long, to allow a loading facility of 12' wide by 30' long, with a
maneuvering apron of 12' wide by approximately 25' long.
5
3. Flat/wall signs— Section 110 -37 which allows one wall sign for a
single tenant, single occupant building, to allow two wall signs, one
on the east facade and one on the west facade.
Section 5. Construction of the approved facility shall be in compliance
with the following plans on file with the City's Growth Management Department:
1. February 1, 2000 Site Plan, Urban Design Studio, (1 sheet total)
2. March 3, 2000 Landscape Plan Urban Design Studio, (1 sheet total)
3. November 29, 1999 Site Lighting Plan, Urban Design Studio, (1
sheet total)
4. October 21, 1999 Boundary and topographic Survey, Keshavarz &
Associates, (1 sheet total)
5. November 24, 1999 Conceptual Drainage Plan, Keshavarz &
Associates, (1 sheet total)
6. March 1, 2000 Front Elevation /Floor Plan, D. William Beebe, (.1
sheet total)
7. March 1, 2000 East/North /South Elevations, D. William Beebe, (1
sheet total)
8. March 1, 2000 Roof Plan, D. William Beebe, (1 sheet total)
Section 6. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF
JOSEPH RUSSO, MAYOR
ATTEST BY:
LINDA V.. KOSIER, CMC,
CITY CLERK
PZi141(
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
E
CITY ATTORNEY
0161W231
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
GAShort RangeW 99.19.re.docfn
AYE NAY ABSENT
E
EXHIBIT "A"
Legal Description for Lot 12, NorthCorp
Being all of Lot 12, lying in the plat of South Park Center, as recorded in Plat
Book 67, Pages 87 and 88 of the public records of Palm Beach County, Florida.
44FI92 3 j
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 03/02/00
Meeting Date: 03/16/00
Subject/Agenda Item
Ordinance 11, 2000, Revising the Fire Pension Retirement Plan.
Recommendation /Motion:
Consider a motion to approve Ordinance 11, 2000 on first reading.
Reviewed by: Originating Dept.: Costs: $ 0
Ci ttomey Finance (Total)
$ 0
Fin Current FY
ACM S�? �ob Advertised: Funding Source:
t
Other Date: [ ] Operating
Paper: [ ] Other
Submitted by: [ ] Not Required
Kent R. Olson -KCB
Department Director Affected parties Budget Acct. #:
Approved by: [ ] Notified
City Manages I ( X ] Not required
BACKGROUND: See attached memorandum.
Council Action:
[ ] Approved
( ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Memorandum
[ ] None
`w.q
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: March 2, 2000
APPROVED: Nabar E. Martinez, City Managerp-0
FROM: Kent R. Olson, Finance Director Kk�
SUBJECT: Ordinance 11, 2000 - Fire Pension Retirement Plan Revisions
BACKGROUND
The State Legislature passed and Governor Bush signed into law HB 261, which
provided for several changes in the State Statutes regarding Fire Pension plans. The Fire
Pension Board and their Attorney have completed an analysis of the existing plan and
have offered several minor amendments to bring the Plan into compliance with the new
law in Ordinance 11, 2000.
DISCUSSION
The passage of HB requires that several minor changes are required to bring our
Plan into compliance with State law. These include changes for re- employment,
treatment of military duty, updating investment options, disability presumptions and other
small changes which will not affect the funding requirements for the Plan. The Plans
were required to be in compliance by the end of 1999, thus the effective date of the
Ordinance is retroactive to December 31, 1999. I agree with the Fire Pension Board that
Ordinance 11, 2000 will bring our Fire Pension Retirement Plan into compliance with
State Statutes.
RECOMMENDATION
Staff recommends approving Ordinance 11, 2000 on first reading, providing for
changes to the Fire Pension Retirement Plan.
w®v2 3 5
ORDINANCE
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS AMENDING CHAPTER 38, FIRE PREVENTION
AND `PROTECTION, ARTICLE II, FIRE DEPARTMENT,
DIVISION 2, FIREFIGHTERS' PENSION TRUST FUND, OF
THE CODE OF ORDINANCES OF THE CITY OF PALM
BEACH GARDENS; AMENDING SECTION 38 -51,
DEFINITIONS, BY DELETING THE DEFINITION OF "ACT"
AND AMENDING THE DEFINITION OF "CREDITED
SERVICE; AMENDING SECTION 38 -53, BOARD OF
TRUSTEES; AMENDING SECTION 38 -54, FINANCES AND
FUND MANAGEMENT; AMENDING SECTION 38 -55,
CONTRIBUTIONS; AMENDING SECTION 38 -58,
DISABILITY; AMENDING SECTION 38 -60, OPTIONAL
FORMS OF BENEFITS; AMENDING SECTION 38 -61,
BENEFICIARIES; AMENDING SECTION 38 -63, REPORTS
TO DIVISION OF RETIREMENT; DELETING SECTION 38-
65, BOARD ATTORNEY AND PROFESSIONALS;
AMENDING SECTION 38 -66, MAXIMUM PENSION;
AMENDING SECTION 38 -69, REPEAL OR TERMINATION
OF SYSTEM; ADDING SECTION 38 -72, CONVICTION AND
FORFEITURE; FALSE, MISLEADING OR FRAUDULENT
STATEMENTS; AMENDING SECTION 38 -76, PRIOR
FIREFIGHTER SERVICE; DELETING SECTION 38 -78,
SEPARATION FROM EMPLOYMENT FOR MILITARY
SERVICE; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA;
SECTION 1: That Chapter 38, Fire Prevention and Protection, Article H, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -51, Definitions, is
hereby amended by deleting the definition of "Act" and amending the definition of "Credited
Service ", to read as follows:
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PILj 111eaFs U1G L'111�J1Vy GG 1\GL11G1111,-l11 111GV111G 3U%,U11Ly L'1l L Vl 17 /Y `L J— 7J -YVVJ 4i1U cUly
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as U1QL JI.dLU1.G tUIU U1GJG LGrgULQUVl1J JILaa l VG Q11IG1lUGU.
Credited Service means the total number of years and fractional parts of years of service
as a Firefighter with Member contributions, when required, omitting intervening years or
fractional parts of years when such Member was not employed by the City as a Firefighter.
A Member may voluntarily leave his Accumulated Contributions in the Fund for a period of
mmv2 3 6
five (5) years after leaving the employ of the Fire Department pending the possibility of being
�- -� r -- - r- I - -- I - - -- A -- - --
reemployed as a Firefighter, aad LGlllQll1111� GIl1�JLVy GU LVL Q FUJLiUU UL 11V1 LGJJ ULali ULLGG ( )
years; without losing credit for the time that he was a Member of the System. If the a vested
� � - - - -J r- - - � r`� - - -- i�� - - - - -- - - - --- --- --- -- �--- - - - - -' --- 'mil -'--
Member uVGa 11V11Gll1a111 G111�J1vy GU LVL a pefiu -U V1 UUGG kj) yGaLa UPVll WLUL"j
fi�� (5) yes, L11G11 111V leaves the emplov of the Fire Department, his Accumulated
Contributions will be returned only upon his written request. If a Member who is not vested
is not reemploved as a Firefighter with the Fire Department within five (5) years, his
Accumulated Contributions shall be returned. Upon return of his a Member's Accumulated
Contributions, all of his rights and benefits under the System are forfeited and terminated.
However, no Upon anv reemplovment. a Firefighter wLiR shall not receive credit .for years or
cony -l-wA 111o11U1J and fractional parts of years of service for which he has withdrawn his
Accumulated Contributions to from the Fund 1V1 U1vaG yeas ot coatplCted unoiiuw of aGL VLI:G,
unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest,
as determined by the Board, within ninety (90) days after his reemployment.
The vears or fractional parts of a vear that a Member serves in the military service of
the Armed Forces of the United States. the United States Merchant Marine or the United States
Coast Guard. voluntarilv or involuntarilv. after separation from emplovment as a Firefighter
with the Citv to perform training or service, shall be added to his years of Credited Service for
all purposes. including vesting. provided that:
& The Member must return to his employment as a Firefighter within one
(1) vear from the earlier of the date of his military discharge or his
release from active service.
B_ The Member is entitled to reemplovment under the provisions of the
Uniformed Services Emolovment and Reemplovment Rights Act
(USERRA). (P.L.103 -353).
C- The maximum credit for military service pursuant to this paragraph shall
be five (5) years.
2
4119237,
SECTION 2: That Chapter 38, Fire Prevention and Protection, Article H, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -53, Board of Trustees,
is hereby amended by amending subsection 4, to read as follows:
4. The Board shall engage such actuarial, accounting, legal, and other services as
shall be required to transact the business of the System. The compensation of all persons
engaged by the Board and all other expenses of the Board necessary for the operation of the
System shall be paid from the Fund at such rates and in such amounts as the Board shall agree.
In the event the Board chooses to use the City's legal counsel, actuary or other professional,
technical or other advisors, it shall do so only under terms and conditions acceptable to the
Board.
SECTION 3: That Chapter 38, Fire Prevention and Protection, Article H, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -54, Finances and Fund
Management, is hereby amended by amending subsections 5 and 6, to read as follows:
5. An audit shall be performed annually by a certified public accountant for the
most recent fiscal year of the City System showing a detailed listing of assets and a statement
of all income and disbursements during the year. Such income and disbursements must be
reconciled with the assets at the beginning and end of the year. Such report shall reflect a com-
plete evaluation of assets on both a cost and market basis, as well as other items normally
included in a certified audit.
6. The Board shall have the following investment powers and authority:
A. The Board shall be vested with full legal title to said Fund, subject,
however, and in any event to the authority and power of the Palm Beach
Gardens City Council to amend or terminate this Fund, provided that no
amendment or Fund termination shall ever result in the use of any assets
of this Fund except for the payment of regular expenses and benefits
under this System, except as otherwise provided herein. All contribu-
tions from time to time paid into the Fund, and the income thereof,
without distinction between principal and income, shall be held and
3
r"mpw2 3
administered by the Board or its agent in the Fund and the Board shall
not be required to segregate or invest separately any portion of the Fund.
B. All monies paid into or held in the Fund shall be invested and reinvested
by the Board and the investment of all or any part of such funds shall be
limited to:
(1) Annuity and life insurance contracts with life insurance companies
in amounts sufficient to provide, in whole or in part, the benefits
to which all of the Members in the Fund shall be entitled under
the provisions of this System and pay the initial and subsequent
premium thereon.
(2) Time or savings accounts of a national bank, a state bank insured
by the Bank Insurance Fund or a savings/building and loan
association insured by the Savings Association Insurance Fund
which is administered by the Federal Deposit Insurance
Corporation or a state or federal chartered credit union whose
share accounts are insured by the National Credit Union Share
Insurance Fund.
(3) Obligations of the United States or obligations guaranteed as to
principal and interest by the government of the United States 91
by an agency of the government of the United States.
(4) Bonds issued by the State of Israel.
(5) Stocks, commingled funds administered by national or state
banks, mutual funds and bonds or other evidences of
indebtedness.. provided that:
Except LLJ UL--- GALGIII VuLGI WIJG jJGI LLULLGU Vy %- 1LajJLGL 1 1J,
VLLUa JLatuLGJ, as provided in subparagraph ibl_ all
individually held securities and all securities in a
commingled or mutual fund must be issued or guaranteed
4
r- vR w 2 3,V
by a corporation organized under the laws of the United
States, any state or organized territory of the United
States, or the District of Columbia. No fore'
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111VGJULLULILJ JILAU UG PU Il ULLGU WHUMUL VWILUU 111ULVlUUany
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.112) Up to ten percent (10 %) of the assets of the Fund may be
invested in foreign securities.
E W The Board shall not invest more than five percent (5 %) of
its assets in the common stock, capital stock, or
convertible securities of any one issuing company, nor
shall the aggregate investment in any one issuing company
exceed five percent (5 %) of the outstanding capital stock
of that company; nor shall the aggregate of its investments
in common stock, capital stock and convertible securities
at cost exceed sixty-five percent (65 %) of the assets of the
Fund.
_C_ At least once every three (3) years, and more often as determined by the
Board. the Board shall retain a professionally qualified independent
Consultant. as defined in Section 175.071. Florida Statutes, to evaluate
the performance of all current investment managers and make
recommendations regarding the retention of all such investment
managers. These recommendations shall be considered by the Board at
its next regularly scheduled meeting.
D. The Board may retain in cash and keep unproductive of income such
amount of the Fund as it may deem advisable, having regard for the cash
requirements of the System.
E. The Board may cause any investment in securities held by it to be
registered in or transferred into its name as.Trustee or into the name of
such nominee as it may direct, or it may retain them unregistered and in
form permitting transferability, but the books and records shall at all
times show that all investments are part of the Fund.
F. The Board is empowered, but is not required, to vote upon any stocks,
bonds, or securities of any corporation, association, or trust and to give
general or specific proxies or powers of attorney with or without power
of substitution; to participate in mergers, reorganizations, recapitaliza-
tions, consolidations, and similar transactions with respect to such
securities; to deposit such stock or other securities in any voting trust or
any protective or like committee with the Trustees or with depositories
designated thereby; to amortize or fail to amortize any part or all of the
premium or discount resulting from the acquisition or disposition of
assets; and generally to exercise any of the powers of an owner with
respect to stocks, bonds, or other investments comprising the Fund which
it may deem to be to the best interest of the Fund to exercise.
G. The Board shall not be required to make any inventory or appraisal or
report to any court, nor to secure any order of court for the exercise of
any power contained herein.
H. Where any action which the Board is required to take or any duty or
function which it is required to perform either under the terms herein or
under the general law applicable to it as Trustee under this ordinance,
can reasonably be taken or performed only after receipt by it from a
Member, the City, or any other entity, of specific information, certifica-
tion, direction or instructions, the Board shall be free of liability in
failing to take such action or perform such duty or function until such
information, certification, direction or instruction has been received by
it.
I. Any overpayments or underpayments from the Fund to a Member,
Retiree or Beneficiary caused by errors of computation shall be adjusted
with interest at a rate per annum approved by the Board in such a manner
that the Actuarial Equivalent of the benefit to which the Member, Retiree
or Beneficiary was correctly entitled to, shall be paid. Overpayments
shall be charged against payments next succeeding the correction or
collected in another manner if prudent. Underpayments shall be made
up from the Fund in a prudent manner.
J. The Board shall sustain no liability whatsoever for the sufficiency of the
Fund to meet the payments and benefits herein provided for.
K. In any application to or proceeding or action in the courts, only the
Board shall be a necessary party, and no Member or other person having
an interest in the Fund shall be entitled to any notice or service of
process. Any judgment entered in such a proceeding or action shall be
conclusive upon all persons.
L. Any of the foregoing powers and functions reposed in the Board may be
performed or carried out by the Board through duly authorized agents,
provided that the Board at all times maintains continuous supervision
over the acts of any such agent; provided further, that legal title to said
Fund shall always remain in the Board.
SECTION 4: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -55, Contributions, is
hereby amended by amending subsections 1 and 3, to read as follows:
7
1. Member Contributions.
A. Amount. Each Member of the System shall be required to make regular
contributions to the Fund in the amount of six percent (6 %) of his Salary.
Member contributions withheld by the City on behalf of the Member
shall be deposited with the Board at lit iiiLoauuy immediately after each
nav period. The contributions made by each Member to the Fund shall
be designated as employer contributions pursuant to §414(h) of the Code.
Such designation is contingent upon the contributions being excluded
from the Members' gross income for Federal Income Tax purposes. For
all other purposes of the System, such contributions shall be considered
to be Member contributions.
B. Method. Such contributions shall be made by payroll deduction.
3. Citv Contributions.
So long as this System is in effect, the City shall make quarterly contributions
to the Fund in an amount equal to the difference in each year, between the total aggregate
Member contributions for the year and the total cost for the year, as shown by the most recent
actuarial valuation of the System. The total cost for any year shall be defined as the total
normal cost plus the additional amount sufficient to amortize the unfunded past service liability
VVGl Q UUl ly yV) yGCU �JG11VU, 1iV11U11G11Glllb' W1U1 UlG 11J1.A1 yGa1 ul W1UWL ULG Li11Gl.LLVG LQ1G Vl
UU0 Syst'-11L vk cu; s as provided in Part VII of Chanter 112. Florida Statutes.
SECTION 5: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -58, Disability, is hereby
amended to read as follows:
Sec. 38-58. DISABILITY.
1. Disability )Benefits In -Line Of Duty.
Any Member who shall become totally and permanently disabled to the extent
that he is unable, by reason of a medically determinable physical or mental impairment, to
render useful and efficient service as a Firefighter, which disability was directly caused by the
8 wwP24:
performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction
of the Board, be entitled to a monthly pension equal to sixty percent (60 %) of the Average
Final Compensation of the Member, but in anv event, the minimum amount paid to the,
Member shall not be less than two percent (2 %) of Average Final Compensation for each year
of Credited Service. Terminated persons, either vested or non - vested, are not eligible for
disability benefits, except that those terminated by the City for medical reasons may apply for
a disability within thirty (30) days after termination.
2. In -Line of Duty Presumptions.
A. Presumption. Any condition or impairment of health of a Member
caused by hypertension or heart disease shall be presumed to have been
suffered in line of duty unless the contrary is shown by competent
evidence, provided that such Member shall have successfully passed a
physical examination upon entering into such service, lilcluuu ►g Czaffuio-
gran ,, which examination failed to reveal any evidence of such condition;
and provided further, that such presumption shall not apply to benefits
payable or granted in a policy of life insurance or disability insurance.
B. Additional Presumption. The presumption provided for in this subpara-
graph B. shall apply only to those conditions described in this subpara-
graph B. that are diagnosed on or after January 1, 1996.
(1) Definitions. As used in this subsection 2.B., the following
definitions apply:
(a) "Body fluids" means blood and body fluids containing
visible blood and other body fluids to which universal
precautions for prevention of occupational transmission of
blood -borne pathogens, as established by the Centers for
Disease Control, apply. For purposes of potential
transmission of meningococcal meningitis or tuberculosis,
the term "body fluids" includes respiratory, salivary, and
9
mrmw2 4 4
sinus fluids, including droplets, sputum, and saliva,
mucous, and other fluids through which infectious
airborne organisms can be transmitted between persons.
(b) "Emergency rescue or public safety Member" means any
Member employed full time by the City as a firefighter,
paramedic, emergency medical technician, law enforce-
ment officer, or correctional officer who, in the course of
employment, runs a high risk of occupational exposure to
hepatitis, meningococcal meningitis, or tuberculosis and
who is not employed elsewhere in a similar capacity.
However, the term "emergency rescue or public safety
Member" does not include any person employed by a
public hospital licensed under Chapter 395, Florida
Statutes, or any person employed by a subsidiary thereof.
(c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non -A,
hepatitis non -B, hepatitis C, or any other strain of hepatitis
generally recognized by the medical community.
(d) "High risk of occupational exposure" means that risk that
is incurred because a person subject to the provisions of
this subsection, in performing the basic duties associated
with his employment:
L Provides emergency medical treatment in a non-
health -care setting where there is a potential for
transfer of body fluids between persons;
ii. At the site of an accident, fire, or other rescue or
public safety operation, or in an emergency rescue
or public safety vehicle, handles body fluids in or
out of containers or works with or otherwise
10
4`
handles needles or other sharp instruments exposed
to body fluids;
iii. Engages in the pursuit, apprehension, and arrest of
law violators or suspected law violators and, in
performing such duties, may be exposed to body
fluids; or
iv. Is responsible for the custody, and physical
restraint when necessary, of prisoners or inmates
within a prison, jail, or other criminal detention
facility, while on work detail outside the facility, or
while being transported and, in performing such
duties, may be exposed to body fluids.
(e) "Occupational exposure," in the case of hepatitis,
meningococcal meningitis, or tuberculosis, means an
exposure that occurs during the performance of job duties
that may place a worker at risk of infection.
(2) Presumption. Any emergency rescue or public safety Member
who suffers a condition or impairment of health that is caused by
hepatitis, meningococcal meningitis, or tuberculosis, that requires
medical treatment, and that results in total or partial disability or
death shall be presumed to have a disability suffered in the line of
duty, unless the contrary is shown by competent evidence;
however, in order to be entitled to the presumption, the Member
must, by written affidavit as provided in Section 92.50, Florida
Statute, verify by written declaration that, to the best of his
knowledge and belief:
(a) In the case of a medical condition caused by or derived
from hepatitis, he has not:
11 mvZ V
i. Been exposed, through transfer of bodily fluids, to
any person known to have sickness or medical
conditions derived from hepatitis, outside the scope
of his employment;
ii. Had a transfusion of blood or blood components,
other than a transfusion arising out of an accident
or injury happening in connection with his present
employment, or received any blood products for
the treatment of a coagulation disorder since last
undergoing medical tests for hepatitis, which tests
failed to indicate the presence of hepatitis;
iii. Engaged in unsafe sexual practices or other high -
risk behavior, as identified by the Centers for
Disease Control or the Surgeon General of the
United States or had sexual relations with a person
known to him to have engaged in such unsafe
sexual practices or other high -risk behavior; or
iv. Used intravenous drugs not prescribed by a
physician.
(b) In the case of meningococcal meningitis, in the 10 days
immediately preceding diagnosis he was not exposed,
outside the scope of his employment, to any person known
to have meningococcal meningitis or known to be an
asymptomatic carrier of the disease.
(c) In the case of tuberculosis, in the period of time since the
Member's last negative tuberculosis skin test, he has not
been exposed, outside the scope of his employment, to any
person known by him to have tuberculosis.
2 mmP2 4 7
(3) Immunization. Whenever any standard, medically recognized
vaccine or other form of immunization or prophylaxis exists for
the prevention of a communicable disease for which a presump-
tion is granted under this section, if medically indicated in the
given circumstances pursuant to immunization policies established
by the Advisory Committee on Immunization Practices of the
U.S. Public Health Service, an emergency rescue or public safety
Member may be required by the City to undergo the
immunization or prophylaxis unless the Member's physician
determines in writing that the immunization or other. prophylaxis
would pose a significant risk to the Member's health. Absent
such written declaration, failure or refusal by an emergency
rescue or public safety Member to undergo such immunization or
prophylaxis disqualifies the Member from the benefits of the
presumption.
(4) Record of Exposures. The City shall maintain a record of any
known or reasonably suspected exposure of an emergency rescue
or public safety Member in its employ to the disease described in
this section and shall immediately notify the Member of such
exposure. An emergency rescue or public safety Member shall
file an incident or accident report with the City of each instance
of known or suspected occupational exposure to hepatitis
infection, meningococcal meningitis, or tuberculosis.
(5) Required medical tests: preemployment physical. In order to be
entitled to the presumption provided by this section:
(a) An emergency rescue or public safety Member must, prior
to diagnosis, have undergone standard, medically accept-
able tests for evidence of the communicable disease for
13 ON V2 ,�
which the presumption is sought, or evidence of medical
conditions derived therefrom, which tests fail to indicate
the presence of infection. This paragraph does not apply
in the case of meningococcal meningitis.
(b) On or after June 15, 1995, an emergency rescue or public
safety Member may be required to undergo a
preemployment physical examination that tests for and
fails to reveal any evidence of hepatitis or tuberculosis.
3. Disabilitv Benefits Not -in -Line of Dutv
Any Member with ten (10) years or more Credited Service who shall become
totally and permanently disabled to the extent that he is unable, by reason of a medically deter-
minable physical or mental impairment, to render useful and efficient service as a Firefighter,
which disability is not directly caused by the performance of his duties as a Firefighter shall,
upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension
equal to two and five tenths percent (2.5 %) of his Average Final Compensation multiplied by
the total years of Credited Service, but in any event, the maximum amount paid to the Member
shall be fifty percent (50 %) of his Average Final Compensation, but not less than two percent
(2 %) of AveraLye Final Compensation for each vear of Credited Service. Terminated persons,
either vested or non - vested, are not eligible for disability benefits, except that those terminated
by the City for medical reasons may apply for a disability within thirty (30) days after
termination.
4. Conditions Disaualifving Disabilitv Benefits.
Each Member who is claiming disability benefits shall establish, to the
satisfaction of the Board, that such disability was not occasioned primarily by:
A. Excessive or habitual use of any drugs, intoxicants or alcohol narcotics.
B. Injury or disease sustained while willfully and illegally participating in
fights, riots or civil insurrections.
�.. uyuiy vi .,i,ca,e pus i «eu m
4t while comitting a crime.
D. C— Injury or disease sustained while serving in any branch of the Armed
Forces.
E: I- Injury or disease sustained after his employment as a Firefighter with the
City of Palm Beach Gardens shall have terminated.
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5. Phvsical Examination Reouirement.
A Member shall not become eligible for disability benefits until and unless he
undergoes a physical examination by a qualified physician or physicians and /or surgeon or
surgeons, who shall be selected by the Board for that purpose. The Board shall not select the
Member's treating physician or surgeon for this purpose except in an unusual case where the
Board determines that it would be reasonable and prudent to do so.
Any Retiree receiving disability benefits under provisions of this ordinance may
be periodically re- examined by a qualified physician or physicians and /or surgeon or surgeons
who shall be selected by the Board, to determine if such disability has ceased to exist. If the
15
Board finds that the Retiree is no longer permanently and totally disabled to the extent that he
is unable to render useful and efficient service as a Firefighter, the Board shall recommend to
the City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree
so returned shall enjoy the same rights that he had at the time he was placed upon pension. In
the event the Retiree so ordered to return shall refuse to comply with the order within thirty
(30) days from the issuance thereof, he shall forfeit the right to his pension.
The cost of the physical examination and /or re- examination of the Member
claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other
reasonable costs as determined by the Board incident to the physical examination, such as, but
not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund.
If the Retiree recovers from disability and reenters the service of the City as a
Firefighter, his service will be deemed to have been continuous, but the period beginning with
the first month for which he received a disability retirement income payment and ending with
the date he reentered the service of the City will not be considered as Credited Service for the
purposes of the System.
The Board shall have the power and authority to make the final decisions
regarding all disability claims.
6. Disabilitv Pavments.
The monthly benefit to which a Member is entitled in the event of the Member's
disability retirement shall be payable on the first day of the first month after the Board deter-
mines such entitlement. However, the monthly retirement income shall be payable as of the
date the Board determined such entitlement, and any portion due for a partial month shall be
paid together with the first payment. The last payment will be:
A. If the Retiree recovers from the disability prior to his normal retirement
date, the payment due next preceding the date of such recovery, or
B. If the Retiree dies without recovering from disability or attains his normal
retirement date while still disabled, the payment due next preceding his
death or the 120th monthly payment, whichever is later.
6 Dwr*251
Provided, however, the disability Retiree may select, at any time prior to the date
on which benefit payments begin, an optional form of benefit payment as described in Section
38 -60, subsection 1,A. or LB., which shall be the Actuarial Equivalent of the normal form of
benefit.
7. Benefit Offset Workers' Compensation.
When a Retiree is receiving a disability pension, er socimal �c�uiiiy uei.� iii
and workers' compensation benefits pursuant to Florida Statute Chapter 440, for the same dis-
ability, and the total monthly benefits received fr om taull uuaa (3) sU- urC, U- as CU1..10 i;.Ri both exceed
one hundred percent (100 %) of the Member's average monthly wage, as defined in Chapter
440, Florida Statutes, the disability pension benefit shall be reduced so that the total monthly
amount received by the Retiree uuoc k.,) GUILLU lied does not exceed one hundred
percent (100 %) of such wage. The amount of any lump sum workers' compensation payment
shall be converted to an equivalent monthly benefit payable for ten (10) Years Certain by
dividing the lump sum amount by 83.9692. This subsection 7 shall only be applicable to the
extent it does not violate the minimum requirements of Chapter 175, Florida Statutes, as
amended from time to time. Notwithstanding the foregoing, in no event shall the disability
pension benefit be reduced below the greater of forty -two percent (42 %) of Average Final
Compensation or two percent (2 %) of Average Final Compensation times years of Credited
Service.
SECTION 6: That Chapter 38, Fire Prevention and Protection, Article 11, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -60, Optional Forms of
Benefits, is hereby amended to read as follows:
See. 38 -60. OPTIONAL FORMS OF BENEFITS.
1. In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a Member, upon written request to the Board,
may elect to receive a retirement income or benefit of equivalent actuarial value payable in
accordance with one of the following options:
17
1211 IN2 52
A. A retirement income of a monthly amount payable to the Member Retiree
for his lifetime only.
B. A retirement income of a modified monthly amount, payable to the
Member Retiree during the lifetime of the Member Retiree and following
the death of the Member Retiree, one hundred percent (100 %), seventy -
five percent (75 %), sixty -six and two- thirds percent (66 2/3 %) or fifty
percent (50 %) of such monthly amount payable to a joint pensioner for
his lifetime. Except where the Retiree's joint pensioner is his spouse, the
present value of payments to the Retiree shall not be less than fifty
percent (50 %) of the total present value of payments to the. Retiree and
his joint pensioner.
C. If a Member retires prior to the time at which social security benefits are
payable, he may elect to receive an increased retirement benefit until
such time as social security benefits shall be assumed to commence and
a reduced benefit thereafter in order to provide, to as great an extent as
possible, a more level retirement allowance during the entire period of
Retirement. The amounts payable shall be as recommended by the
actuaries for the System, based upon the social security law in effect at
the time of the Member's Retirement.
2. The Member, upon electing any option of this Section, will designate the joint
pensioner (subsection I.B. above) or Beneficiary (or Beneficiaries) to receive the benefit, if
any, payable under the System in the event of the Member's death, and will have the power
to change such designation from time to time. Such designation will name a joint pensioner
or one or more primary Beneficiaries where applicable. A Member may change his
Beneficiary at anv time. If a Member has elected an option with a joint pensioner or
Beneficiary and Member's retirement income benefits have commenced, Member may
thereafter change his designated Beneficiary at anytime, but may only change his joint
pensioner if u ►c desigiiiated jvlfii j�cilJLVUGI CUIU u►� 1VIUIIWG1 wciQ LIMI -icu at uI ttme�f
8 1181W2 5 3
GIIIUGl'J 1 \G LLIGIILGIII Qlltl Q1G V1V V1l,GU JLLUJGIiLLGILL LLLGIGW a11U ULU JUHIL FU11b1V1kUL 1J QilVG a
M___
1: ►e W-171C Of ULU c IL twice. Subject to the restriction in the previous sentence. a Member
may substitute a new ioint pensioner for a deceased ioint pensioner.
3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any
such change shall not be required. The rights of all previously - designated Beneficiaries to
receive benefits under the System shall thereupon cease.
4. Upon change of a Retiree's Beneficiary or joint pensioner in accordance with this
Section, the amount of the retirement income payable to the Retiree shall be actuarially
=determined to take into account the age and sex of the former joint pensioner, the new joint
pensioner and the Retiree and to ensure that the benefit paid is the Actuarial Equivalent of the
present value of the Retiree's then - current benefit at the time of the change. Any such Retiree
shall pay the actuarial recalculation expenses. Each request for a change will be made in
writing on a form prepared by the Board and on completion will be filed with the Board. In
the event that no designated Beneficiary survives the Retiree, such benefits as are payable in
the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in
Section 38 -61.
5. Retirement income payments shall be made under the option elected in
accordance with the provisions of this Section and shall be subject to the following limitations:
A. If a Member dies prior to his normal retirement date or early retirement
date, whichever first occurs, no retirement benefit will be payable under
the option to any person, but the benefits, if any, will be determined
under Section 38 -57.
B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies
before the Member's Retirement under the System, the option elected
will be canceled automatically and a retirement income of the normal
form and amount will be payable to the Member upon his Retirement as
if the election had not been made, unless a new election is made in accor-
4
dance with the provisions of this Section or a new Beneficiary is
designated by the Member prior to his Retirement.
C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by
Member or Retiree die before the full payment has been effected under
any option providing for payments for a period certain and life thereafter,
made pursuant to the provisions of subsection 1, the Board may, in its
discretion, direct that the commuted value of the remaining payments be
paid in a lump sum and in accordance with Section 38 -61.
D. If a Member continues beyond his normal retirement date pursuant to the
provisions of Section 38 -56, subsection 1, and dies prior to his actual
retirement and while an option made pursuant to the provisions of this
Section is in effect, monthly retirement income payments will be made,
or a retirement benefit will be paid, under the option to a Beneficiary (or
Beneficiaries) designated by the Member in the amount or amounts
computed as if the Member had retired under the option on the date on
which his death occurred.
6. A Retiree may not change his retirement option after the date of cashing or
depositing his first retirement check.
7. Notwithstanding anything herein to the contrary, the Board in its discretion, may
elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that
the monthlv benefit amount is less than one hundred dollars ($100.00) or the total commuted
value of the remaining monthly income payments to be paid do not exceed five thousand dollars
($5,000.00). Any such payment made to any person pursuant to the power and discretion
conferred upon the Board by the preceding sentence shall operate as a complete discharge of
all obligations under the System with regard to such Member and shall not be subject to review
by anyone, but shall be final, binding and conclusive on all persons.
20 ®�`2 5
SECTION 7: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -61, Beneficiaries, is
hereby amended by..amending subsection 2 and adding subsection 3, to read as follows:
2. If a deceased Member or Retiree failed to name a Beneficiary in the manner
prescribed in subsection 1, or if the Beneficiary (or Beneficiaries) named by a deceased
Member or Retiree predeceased the Member or Retiree, the death benefit, if any, which may
be payable under the System with respect to such deceased Member or Retiree, shall be paid
to the estate of the Member or Retiree and the Board, in its discretion, may direct that the
commuted value of the remainine monthlv income benefits be naid in a lump sum.
3, Anv pavment made to anv person pursuant to this Section shall operate as a
complete discharge of all obligations under the Svstem with reeard to the deceased Member
and anv other persons with riLyhts under the Svstem and shall not be subiect to review by
anvone but shall be final, binding and conclusive on all persons ever interested hereunder.
SECTION 8: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -63, Reports to Division
of Retirement, is hereby amended to read as follows:
Sec. 38 -63. REPORTS TO DIVISION OF RETIREMENT.
Each year and no later than March 15th, the 0minnan o Board shall file an Annual
Report with the Division of Retirement containing the iiiiVwii]g: documents and information
reauired by Section 175.261. Florida Statutes.
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SECTION 9: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -65, Board Attorney and
Professionals, is hereby deleted in its entirety.
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Oec. _70 VJ. LVLylW JVA 1Vl\1 \G1 C111%1111 \Vl'L'17J1Vlrt'1L1.7.
T1__ Tl____J ___1___ '__J______J_�a
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as ULG 1)VaIU UGGllla 1l000JJa.Iy.
SECTION 10: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Sections 38 -66 through 38 -72, are
renumbered as Sections 38 -65 through 38 -71, respectively.
SECTION 11: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -66 (renumbered as
22 e1111r25 7
Section 38 -65), Maximum Pension, is hereby amended by amending subsection 9.B., to read
as follows:
B. No Member of the System shall be allowed to receive a retirement
benefit or pension which is in part or in whole based upon any service
with respect to which the Member is already receiving, or will receive in
the future, a retirement benefit or pension from anofl= a_ different
emnlover's retirement system or plan. This restriction'does not apply to
social security benefits or federal benefits under Chapter 67, Title 10,
U.S. Code.
SECTION 12: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -69 (renumbered as
Section 38 -68), Repeal or Termination of System, is hereby amended by amending subsection
2, to read as follows:
2. If this ordinance shall be repealed, or if contributions to the System are
discontinued or if there is a transfer. merger or consolidation of government units, services or
functions as provided in Chanter 121. Florida Statutes, the Board shall continue to administer
the System in accordance with the provisions of this ordinance, for the sole benefit of the then
Members, any Beneficiaries then receiving retirement allowances, and any future persons
entitled to receive benefits under one of the options provided for in this ordinance who are
designated by any of said Members. In the event of repeal, or if co«uibuu0r., w- u«
'' - -- A discontinuance of contributions. or transfer. merLyer or consolidation of
aic ui�wi►w►uw
eovernment units. services or functions, there shall be full vesting (100%) of benefits accrued
to date of repeal and the assets of the System shall be allocated in an equitable manner to
provide benefits on a proportionate basis to the persons so entitled in accordance with the
provisions thereof.
SECTION 13: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -72, Conviction and
Forfeiture; False, Misleading or Fraudulent Statements, is hereby added to read as follows:
23 Wllw2 r
Sec. 38 -72. CONVICTION AND FORFEI'T`URE; FALSE, MISLEADING OR
FRAUDULENT STATEMENTS.
i- It is unlawful for a person to willfully and knowingly make, or cause to be made,
or to assist. conspire with. or urge another to make. or cause to be made. any false. fraudulent.
or misleadinLy oral or written Statement or withhold or conceal material information to obtain
anv benefit from the Svstem.
2. A person who violates subsection 1 commits a misdemeanor of the first degree,
punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
In addition to anv applicable criminal penalty. upon conviction for a violation
described in subsection 1. a Member or Beneficiary of the System may, in the discretion of th(-,
Board. be reouired to forfeit the rieht to receive anv or all benefits to which the person would
otherwise be entitled under the Svstem. For purposes of this subsection. "conviction" means
a determination of guilt that is the result of a plea or trial, regardless of whether adjudication
is withheld.
SECTION 14: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -76, Prior Firefighter
Service, is hereby amended by amending subsection 5, to read as follows:
5. In no event, however, may Credited Service be purchased pursuant to this
Section for prior service with any other municipal or special district fire department, if such
prior service forms or will form the basis of a retirement. benefit or pension from another
retirement system or plan as set forth in Section 38 -66 65, 9.B.
SECTION 15: That Chapter 38, Fire Prevention and Protection, Article 11, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -78, Separation from
Employment for Military Service, is hereby deleted in its entirety.
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SECTION 16: That Chapter 38, Fire Prevention and Protection, Article II, Fire
Department, Division 2, Firefighters' Pension Trust Fund, Section 38 -79 is renumbered as
Section 38 -78.
SECTION 17: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Palm Beach Gardens.
SECTION 18: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 19: If any section, subsection, sentence, clause, phrase of this ordinance,
or the particular application thereof shall be held invalid by any court, administrative agency,
or other body with appropriate jurisdiction, the remaining section, subsection, sentences,
clauses, or phrases under application shall not be affected thereby.
SECTION 20: That this Ordinance shall become effective retroactively to December
31, 1999.
PASSED ON FIRST READING, this _
PASSED ON SECOND READING, this
PASSED AND ADOPTED THIS THE
MAYOR JOSEPH RUSSO
VICE MAYOR LAUREN FURTADO
26
_ day of ,
day of ,
day of ,
COUNCILMAN ERIC JABLIN
COUNCILMAN CARL SABATELLO
COUNCILMAN DAVID CLARK
000&26
ATTEST:
LINDA V. KOSIER, CMC,
CITY CLERK
mm
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN SABATELLO
COUNCILMAN CLARK
bm \pbg \fire \02- 10-OO.ord.
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
WATTERSON, HYLAND & KLETT, P.A.
AYE NAY ABSENT
2%
INP -2 62