HomeMy WebLinkAboutAgenda Council Agenda 010600All 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.
REVISED: 1/4/99
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
JANUARY 6, 2000
7:00 P.M.
L 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. ANNOUNCEMENTS:
IV. PRESENTATIONS:
1. Employee Service Awards
2. Employee of the Year
V. CITY MANAGER REPORT:
1. Construction Manager Report
2. Census 2000 Update
3. Public Information Report
4. Growth Management Report
VI. AWARDING OF BIDS:
1. Awarding of Bid for Solid Waste, Recycling & Vegetation Waste Collection Services
2. Awarding of Bid for Sod for Lake Catherine Park
VII. COMMENTS FROM THE PUBLIC: (For items not on the Agenda -Please submit request
card to City Clerk prior to this Item)
VIII. CONSENT AGENDA:
1. Approval of Minutes of 12/16/99 City Council Regular Meeting.
2. Resolution 153, 1999 - Consideration of Approval of the NorthMil Plaza Plat.
3. Resolution 2, 2000 - Consideration of Approval of Entry Feature for BallenIsles Parcel
6A.
4. Resolution 3, 2000 - Consideration of Approval of Entry Feature for BallenIsles Parcel
24.
IX. PUBLIC HEARINGS:
1. Ordinance 46, 1999 - Providing for Approval of a Conditional Use for the Expansion
of a Church and School, including the Construction of a New Fellowship Hall, A future
Sanctuary, and the Expansion of the Educational and Administrative Facilities. (Nativity
Lutheran) (Public Hearing, adv. 12/22/99; Consideration of Second and Final Reading
and Adoption.)
2. Ordinance 48, 1999 - Providing for Voluntary Annexation to the City of An Area of
3.21 Acres of Real Property Known As Parcel 29.06; Providing for Continuity of
Existing Palm Beach County Land Use Regulations for Such Area Pending Revision of
the City Comprehensive Plan and Adoption of Rezoning for Such Area. (Public
Hearing, adv. 12/22/99; Consideration of Second and Final Reading and Adoption.)
3. Ordinance 49, 1999 - Providing for an Amendment to the City's Comprehensive Plan
by Changing the Land Use Designation on 3.21 Acres of Land From Palm Beach
County Medium Residential (MR5) to City of Palm Beach Gardens Residential Low
(RL). (Public Hearing, adv. 12/22/99; Consideration of Second and Final Reading and
Adoption.)
4. Ordinance 51, 1999 - Providing for Amendment to Ordinance 34, 1999 to Allow for an
Extension of a Date Certain Condition of Approval Relating to the Calculation of
Parking Requirements from 1/2/00 to 4/1/00 at the Site Known as Christ Fellowship.
(Public Hearing, adv. 12/22/99; Consideration of Second and Final Reading and
Adoption.)
5. Ordinance 52, 1999 - Approving an Application by City Staff for Rezoning of 2.95 -
acres of Land, Located on the South Side of PGA Boulevard just Est of BallenIsles
Drive and more Particulary Described Herein, to a Planned Unit Development (PUD) -
Commercial, and Approving the Uses Permitted the Neighborhood Commercial (CN)
Zoning District, in Addition to the Uses of "Office, Professional and Business" and
"Office, Dental or Medical." (Public Hearing, adv. 12/22/99; Consideration of Second
and Final Reading; To be continued to the January 20, 2000 Council Meeting)
6. Ordinance 53, 1999 - Providing for Approval of the application of BellSouth for
Rezoning of 1.56 Acres of Land from Planned Development Area (PDA) to Planned
Unit Development (PUD) in Order to Expand a Telephone Unility Switching Station;
Providing for Waivers. (Public Hearing, adv. 12/22/99; Consideration of Second and
Final Reading and Adoption.)
7. Ordinance 54, 1999 - Providing for an Abandonment of the City's Interest in a Viewed
and Posted Road Right -of -Way Located East of Prosperity Farms Road and South of
Burns Road Within the Village of North Palm Beach. (Public Hearing, adv. 12/22/99;
Consideration of Second and Final Reading and Adoption.)
8. Resolution 1, 2000 - Consideration of Approval of a Sign Variance at 10358 and 10384
Riverside Drive, from the requirements of Section 110 -36(c) of the City Code, Ground
Signs. (Public Hearing, adv. 12/22/99)
X. RESOLUTIONS:
1. Resolution 140, 1999 - Consideration of Approval of a Site Plan for Nativity Lutheran
Church and School Expansion.
2. Resolution 4, 2000 - Consideration of Approval of an Appointment to the Board of
Trustees Firefighters' Pension Trust Fund.
3. Resolution 5, 2000 - Consideration of Approval of an Amendment to the Christ
Fellowship Site Plan.
XI. ORDINANCES: (For Consideration of First Reading)
1. Ordinance 40, 1999 - Providing for Amendment to the City Code of Ordinances re:
Landscaping and Vegetation Protection.
2. Ordinance 39, 1999 - Providing for Approval of a Franchise for Solid Waste, Recycling
and Vegetation Waste Collection Services.
XII. ITEMS FOR DISCUSSION:
1. Burns Road Widening
2. Holly Drive Drainage Improvements Cost Sharing
XIII. ITEMS AND REPORTS BY MAYOR AND COUNCIL:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT:
In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact the
Human Resources Department, no later than 5 days prior to the proceeding at telephone number
(561) 775 -8200 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.
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MEMORANDUM
Nabar E. Martinez, City Manager
Kent R. Olson, Finance Director 00
Solid Waste, Recycling and Vegetative Waste Bids - Addendum
January 4, 2000
The alternate bids for Vegetative Waste Collection on Monday, Tuesday and
Wednesday only (alternate #1) and on Monday and Tuesday only (alternate #2) were not
included in the original staff report due to their high cost. All alternates proposed would,
if accepted, exceed our budgeted amount of $1,1 10,000 by at least $350,000 since
they would be paid 100% by the City.
Company
Waste Management
Sunburst Sanitation
Eagle Sanitation
Delta
BFI Waste Systems
Alternate #1
$ 375,975
$ 426,105
$ 317,490
$ 481,116
$ 392,685
Alternate #2
$ 543,075
$ 626,625
$ 317,490
$ 584,856
$ 492,945
Also, attached are two spreadsheets which show the base bid cost breakdowns
(excluding alternates) for the proposals opened in June and the bids opened in
December.
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MONTHLY CONSTRUCTION
STATUS REPORT
6 JANUARY 2000
SCHEDULE
THE CONTRACTOR IS CONTINUING TO PUSH. FORWARD TO COMPLETE THE
PROJECT AS QUICKLY AS POSSIBLE.
CITY HALL
FINAL CARPET INSTALLATION IS IN PROGRESS. THE PLACING OF FURNITURE
SHOULD START BY THE 7TH OF JANUARY. FINAL PAINT AND CLEANING WILL
TAKE PLACE DURING THE WEEK OF 10 JANUARY.
WORK IS PROGRESSING ON THE COUNCIL CHAMBERS.
FIRE STATION
FINAL INSTALLATION OF CARPET, TILE AND FURNITURE IS COMPLETE. THE
CONCRETE FLOOR IN THE TRUCK BAYS HAS BEEN EPDXY COATED AND THE
WASHER AND DRYER HAVE BEEN INSTALLED. THE FIRE DEPARTMENT IS
EXPECTING TO START THEIR MOVE OF ADMINISTRATION PERSONNEL
DURING THE WEEK OF 10 JANUARY.
POLICE STATION
CARPET AND TILE HAVE BEEN INSTALLED IN THE STATION ALONG WITH THE
PLACING OF MOST OF THE FURNITURE. FINAL CLEANING IS IN PROGRESS.
SITE WORK
WORK CONTINUES ON THE MAIN ENTRANCE FROM MILITARY TRAIL.
PAVING SHOULD BE IN PLACE BY 10 JANUARY. THE INSTALLATION OF THE
FOUNTAIN IS APPROXIMATELY 50% COMPLETE.
BALLFIELD EIGHT HAS BEEN SODDED AND IS COMING ALONG AND WILL BE
PLAYABLE BY THE 1" OF FEBRUARY.
City of Palm Beach Gardens
Bond Proceeds
Flow of Funds Summary
as of December 31, 1999
Interest
Bond
Total
Proceeds
1996 Capital Projects Fund
$4,411,495
1997 Capital Projects Fund
$4,872,445
1998 Capital Projects Fund
$4,418,700
1999 Capital Projects Fund
$3,713,747
Interest
Total
Total
Remaining
Income
Revenues
Expenditures
Balance
362,833
4,774,328
4,774,328
$0
415,669
5,288,114
5,288,114
$0
205,767
4,624,467
4,624,467
$0
60,004
3,773,751
2,603,359
$1,170,392
Total $17,416,387 1,044,273 18,460,659 17,290,267 $1,170,392
City of Palm Beach Gardens
Bond Proceeds
Expenditure Summary
Through December 31, 1999
Inception
1996/1997
1997/1998
1998/1999
1999/2000
To Date
Current
Expenditures
Expenditures
Expenditures
Expenditures
Expended
Month
1996 Capital Projects Fund
Architectural services
397,530
407,281
31,710
836,521
0
Bond issuance costs
30,604
0
0
30,604
0
Construction costs
9,896
1,682,343
1,277,630
2,969,869
0
Land Acquisition
635,163
0
0
635,163
0
Construction Manager services
193,875
29,700
223,575
0
Other expenses
54,892
23,704
78,596
0
Total 1996 Capital Projects Fun
1,073,193
2,338,391
1,362,744
4,774,328
0
1997 Capital Projects Fund
Architectural services
51,281
51,281
0
Bond issuance costs
23,484
0
23,484
0
Construction costs
5,137,471
5,137,471
0
Land Acquisition
0
0
0
Construction Manager services
39,886
39,886
0
Other expenses
35,992
35,992
0
Total 1997 Capital Projects Fun
23,484
0
5,264,630
5,288,114
0
1998 Capital Projects Fund
Architectural services
0
132,576
132,576
0
Bond issuance costs
20,248
161
20,409
0
Construction costs
0
4,342,266
4,342,266
0
Land Acquisition
0
0
0
0
Construction Manager services
0
52,027
52,027
0
Other expenses
0
77,189
77,189
0
Total 1998 Capital Projects Fund
20,248
4,604,219
4,624,467
0
1999 Capital Projects Fund
Architectural services
0
13,990
13,990
13,990
Bond issuance costs
19,156
141
19,297
0
Construction costs
188,920
1,878,587
2,067,507
406,891
Land Acquisition
0
0
0
0
Construction Manager services
215
57,380
57,595
23,000
Other expenses
0
444,970
444,970
323,248
Total 1999 Capital Projects Fund
0
208,291
2,395,068
2,603,359
767,129
Total
1,096,676
2,358,639
11,439,884
2,395,068
17,290,267
767,129
Suffolk Construction Contract
as of December 31, 1999
Original Contract Amount $13,132,520.00
Change Order #1 - demolish light poles at ballfields $24,264.00
Change Order #2 - Increase irrigation line sizes for ballfields $58,134.00
Change Order #3 - Replace four drainage structures to run line deeper $12,544.00
Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing ($88,268.00)
PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts
$4,359.00
PCO #21 - Add waterproof membrane along backside of wood trusses on concession bl
$3,262.50
PCO #24 - Install additional showers in Fire Department
$6,602.00
PCO #25 - Add drainage structure as required by Seacoast
$3,017.00
PCO #26 - Modify laundry room in Fire Station
$5,659.00
PCO #27 - Remove existing two inch slab at Fire Station
$2,081.00
PCO #28 - Delete access flooring in Fire Station
($7,775.00)
PCO #29 - Install additional floor tile in certain areas
$3,499.00
PCO #31 - Change 95 ft. of PVC pipe to ductile iron
$1,494.00
PCO #33 - Allowance deletion from contract to purchase site furnishings directly
($18,000.00)
PCO #35 - Tax savings and direct payments to vendors
($691,886.41)
PCO #36 - Add panel partition support at Police Station
$3,192.00
PCO #39 - Extend batting cage netting height
$2,750.00
PCO #40 - Change five overhead doors at Fire Station to meet hurricane standards
$13,803.00
PCO #09 - Delay claim
$38,566.00
PCO #22 - Additional concrete for wider sidewalks and bleachers
$34,081.00
PCO #37 - Remove light concrete roof found at Fire Station
$9,589.00
PCO #41 - Add three windows that meet hurricane standards
$8,106.00
PCO #46 - Add Oil /water separator required by code
$4,855.00
PCO #51 - Deduct audio visual and Council Seating allowance
($120,000.00)
PCO #52 - Removal of footing
($195.00)
PCO #53 - Framing in Fire Station - change in design
($680.00)
PCO #55 - Chiller yard
$24,770.00
PCO #57 - Deduct Allowance for display lighting in lobby
($10,000.00)
PCO #42 - Fence around Transformer
$9,203.00
PCO #30 - Add bottom tensions wire and barbs up
$5,013.00
Change Order # 9 - PCO's 47,60,65,67,69,73,76,77,83,101
$34,005.00
PCO #74 - Tax savings and direct payments to vendors
($1,253,613.09)
Change Order #10 - PCO's 52,53,82,93, 102,103,105,106,109,111,112,118
$14,932.00
Total Contract Amount with Change Orders $11,269,883.00
Total Payments to Suffolk through 11/30/99 $10,436,192.13
MUNICIPAL COMPLEX IMPROVEMENTS
12/31199
6/27/96
BUDGETED
COSTS
Construction Costs
0
Contractor (includes Allowances)
14,514,404
Allowances - Contractor
0
Porcelain Tile - City Hall
2,500
Porcelain Tile - Police
0
Hardware
150,000
Sepias(as -built drawings)
0
Completion & as -built photos (Architect/Owner)
Net Change Orders
6,000
Direct Payments to Suppliers
6,000
Sub -Total (Suffolk & Suppliers)
Allowances -City
400,863
Signage, Kiosks /Sculpture
Audio Visual
46,968
Site furnishings(benches, etc.)
12,810,520
Council Seating
72,158
Wall graphic (City seal at lobby)
140,000
Lobby Display Lighting
121,510
Progress photos (Architect/Owner)
Material testing (Supv. by CM)
0
Total Allowances
75,000
Permitting, Utilities
15,864
Total Construction Costs
14,514,404
Furnishings
0
Interior Design Consultant
150,000
Telephone System
60,000
Security System
127,380
MIS wiring & equipment
150,000
Move dispatch center
250,000
Furniture
184,000
Carpeting
130,000
Moving costs to City Hall, Police
20,000
Window Treatments
50,000
Concession stand equipment
25,000
Tot lot equipment
36,000
Appliances
5,000
Total Furnishings
1,187,380
Architectural /Engineering
1,138,513
Bond Issuance Costs
175,000
Art in Public Places
121,645
Construction Management
790,690
Miscellaneous /Contingency
608,223
Asbestos Abatement
180,000
Threshold Inspection
95,962
Groundbreaking ceremony
125,000
Contingency
967,921
Irrigation Pump for Complex
1,064,637
Relocate Annex
66,155
Fire Station Floor, Lockers
264,618
Westminster Church Purchase
635,000
Total Project Costs
$19,170,855
Sales Tax Savings
90,358
Net Project Costs
$19,170,855
12/31/99
5/29198 EXPENDED
PROJECTED TO DATE
COSTS COSTS
12,810,520 10,436,192
12/31199
PROJECTED
REMAINING
COSTS
12/31199
FINAL
PROJECTED
COSTS
(375,672) 10,060,520
10,000
0
10,000
10,000
2,500
0
2,500
2,500
150,000
0
150,000
150,000
2,500
0
2,500
2,500
6,000
0
6,000
6,000
400,863
400,863
2,703,032
46,968
2,750,000
12,810,520
13,139,225
72,158
13,211,383
140,000
18,490
121,510
140,000
75,000
0
75,000
75,000
18,000
15,864
2,136
18,000
45,000
0
45,000
45,000
5,000
0
5,000
5,000
10,000
0
10,000
10,000
4,000
971
100
1,071
25,000
20,566
4,434
25,000
322,000
55,891
263,179
319,071
164,779
123,536
46,238
169,774
13,297,299
13,318,652
381,575
13,700,227
150,000
20,046
15,000
35,046
60,000
124,179
55,821
180,000
150,000
95,962
29,038
125,000
350,000
967,921
96,716
1,064,637
250,000
66,155
198,464
264,618
184,000
194,399
33,000
227,399
130,000
90,358
9,200
99,558
20,000
0
10,000
10,000
50,000
12,010
0
12,010
25,000
40,209
0
40,209
36,000
29,998
0
29,998
5,000
8,215
5,000
13,215
1,410,000
1,649,452
452,238
2,101,690
1,065,000
1,045,794
19,206
1,065,000
105,000
93,793
0
93,793
0
0
0
0
335,000
373,082
70,000
443,082
798,826
174,330
311,303
485,633
72,200
17,744
45,000
62,744
35,000
74,998
0
74,998
5,000
0
0
0
656,626
64,461
182,379
246,839
0
0
75,000
75,000
30,000
0
0
0
0
17,128
8,924
26,052
$635,000
635,163
0
$635,163
$17,646,125
$17,290,267
$1,234,321
$18,524,588
(110,123)
(52,059)
(162,182)
$17,646,125
$17,180,144
$1,182,262
$18,362,406
Approved Change Orders as of December 31, 1999
#1 Demolish light poles at ballfields
24,264.00
#2 Increase irrigation line sizes for ballfields
58,134.00
#3 Replace four drainage structures to run line deeper
12,544.00
#4 Reduce cost for Water line @ Johnson Dairy vs. Jack & Bore
(8,573.00)
Delete hood fans in the Concession stands
(1,367.00)
Allowance transfer
(170,000.00)
Sod and irrigation on infields
10,069.00
Revisions to Water /Sewer drawings
10,769.00
Hurricane glazing for Fire Station
30,838.00
Furnish water service to dugouts
4,832.00
Asbestos removal of existing 14" pipe
936.00
Jack & Bore across Burns Rd
34,228.00
Total for Change order #4
(88,268.00)
#5 PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts
$4,359.00
#5 -II PCO #35 - Tax savings and direct payments to vendors
($691,886.41)
#6 PCO #21 - Add waterproof membrane along backside of wood trusses on concession b
$3,262.50
PCO #24 - Install additional showers in Fire Department
$6,602.00
PCO #25 - Add drainage structure as required by Seacoast
$3,017.00
PCO #26 - Modify laundry room in Fire Station
$5,659.00
PCO #27 - Remove existing two inch slab at Fire Station
$2,081.00
PCO #28 - Delete access flooring in Fire Station
($7,775.00)
PCO #29 - Install additional floor tile in certain areas
$3,499.00
PCO #31 - Change 95 ft. of PVC pipe to ductile iron
$1,494.00
PCO #33 - Allowance deletion from contract to purchase site furnishings directly
($18,000.00)
PCO #36 - Add panel partition support at Police Station
$3,192.00
PCO #39 - Extend batting cage netting height
$2,750.00
PCO #40 - Change five overhead doors at Fire Station that meet hurricane standards
$13,803.00
PCO #09 - Delay claim
$38,566.00
PCO #22 - Additional concrete for wider sidewalks and bleachers
$34,081.00
PCO #37 - Remove light concrete roof found at Fire Station
$9,589.00
PCO #41 - Add three windows that meet hurricane standards
$8,106.00
PCO #46 - Add Oil /water separator required by code
$4,855.00
PCO #51 - Deduct audio visual and Council Seating allowance
($120,000.00)
PCO #52 - Removal of footing
($195.00)
PCO #53 - Framing in Fire Station - change in design
($680.00)
PCO #55 - Chiller yard
$24,770.00
PCO #57 - Deduct Allowance for display lighting in lobby
($10,000.00)
#8 PCO #42 - Fence around Transformer
$9,203.00
#8 PCO #30 - Add bottom tension wire and barbs up
$5,013.00
#7 -II PCO #74 - Tax savings and direct payments to vendors
($1,253,613.09)
#9 PCO 947 - Rerouting of storm drain
$6,265.00
PCO #60 - Attic protection in Fire Station
$3,685.00
PCO #65 - Addition of two(2) Siamese connections
$2,279.00
PCO #67 - Extend 2" rigid and Z- furring to tube steel
$1,000.00
PCO #69 - Removal of Fire Station Parapet
$2,014.00
PCO #73 - Change in Floor tile
$9,576.00
PCO #76 - Change panel fabric
$565.00
PCO #77 - Fire Station Parapet
$5,348.00
PCO #83 - Fire Station Leader Pipe
$3,053.00
PCO #101 - Install shower curb in locker rooms on 2nd floor PS
$220.00
Total for Change order #9
$34,005.00
#10 PCOs 52,53,82,93, 102,103,105,106,109,111,112,118
$14,932.00
Total Change Orders
(1,862,637.00)
Direct Payments
($1,835,376.89)
Sales Tax Savings
($110,122.61)
Allowance deletions
($318,000.00)
Net additional Change Orders
$400,862.50
Original Contract Amount
$13,132,520.00
Contract Amount after Change Orders
$11,269,883.00
Jane 99
City of Pa= Gardens
r
Cou>r " ting
PUBLIC INFORMATION
♦ Communication & Marketing Plan — Completed
♦ Next City Line — Completed; currently at Printer, delivered 1St week in January
Note: Research cost and timeline required to reformat City Line along the lines of
Jupiter and Lake Park newsletters (Seabreeze Publications)
♦ Annual Report — to be reconsidered; may be reformatted
♦ Community Guide — January /February
♦ Stormwater Assessment Education Effort — upcoming
♦ Channel 25 Interview of Mayor aired December 13, 1999.
♦ Coverage of City on Channel 25 new morning show to be aired in January 2000.
♦ Coverage of Canal work aired on Channel 12, December 16, 1999.
♦ Represented City at Palm Beach Gardens High School Magnet Program Open
House.
♦ Current Upcoming City articles:
0 Monthly PGA C.A.N. article
0 Information to Weekday on canal meetings with residents.
♦ Conducted preparations for staff Strategic Planning.
♦ BIG (Buy Into the Gardens) products to be sold at City Anniversary Party.
CITIZEN SERVICES
♦ Complaints/Requests for Service for the month of December 1999: 142
♦ Updates on Specific Complaints/Requests for Service:
0 Response to Plat 4 Resident regarding drainage and future
development — complete.
0 Response to PGA National Golf Club Estates resident regarding
traffic issues — complete.
D Flags at MacArthur Blvd.:
MIA Flag and U.S. Flag at MacArthur Boulevard — still waiting to
receive flags from Legion; will be replaced by Public Works.
♦ Current City Response Team Issues:
0 Plantings/Parking in Swales — in progress.
0 Tanglewood — in progress; coordinating with Police Department as
a Community Oriented Policing project.
NEIGHBORHOOD PROGRAM
♦ Next Quarterly Neighborhood Program Meeting is scheduled for January 12, 1999.
♦ 640 Invitations sent to Neighborhood Representatives and Association Directors.
♦ Agenda to include update on development/traffic issues/ sidebar meeting on pumping in
private neighborhoods during storms.
♦ Resident Meetings Attended: Canal Walk — met with residents along Dogwood and
Riverside.
♦ Sent 100 letters to update residents on status of Holly Drive /St. Ignatius /BallenIsles
drainage project (PW delivered letters).
♦ Gardens Neighborhood Association:
0 One meeting in December
0 Continuing progress on
0 City History Project
D Tee Shirt Contest — closes February 29, 2000.
D Neighborhood Website: "Gardens Online."
D GNA to have display booth at City Anniversary Party for City History
Project and Tee shirt Design Contest.
Future Projects: methods of resident notification/input; zip code issue;
outreach to businesses; coordination with Church of the Nazarene on a
beautification project in the City's first neighborhoods.
SPECIAL EVENTS
♦ December Special Events in the City (requiring permit):
D Frenchman's Creek County Club Millennium Party
D Plat 6 Neighborhood Millennium Party
0 Siena Oaks Neighborhood Millennium Party
0 Publix Christmas Tree Sales
0 ABC Unlimited Christmas Tree Sales (Garden Park Plaza)
♦ Upcoming Special Events:
D Artigras
D Shriner's Circus
VOLUNTEER PROGRAM
♦ Current Number of Volunteers: 21
♦ Current Number Referred to Departments for Interviews: 8
♦ Information received from two departments; six still on hold.
♦ Volunteer staff team meeting held to discuss ways to improve the program.
♦ Volunteer Program Orientation (for prospective volunteers) to be held in
February.
EMPLOYEE COMMUNICATIONS
♦ January City Hall Gazette to contain:
D Update on move dates, invitation to City Anniversary Party
0 Updates /Changes to Education Reimbursement Program
D Congratulations to Teamwork Award Winners/ Employee of the
Year; guidelines for Teamwork Awards 2000.
♦ Other Employee - Related Activities:
D Informal Employee Gatherings with Interim City Manager held.
D Coordinated luncheon in honor of Interim City Manager.
Growth Management Department
Council Update
January 6, 2000
1) Transportation Study:
A meeting will be held on Tuesday, January 4th at 10:30 PM. All participants, Palm Beach
County engineering staff and Commissioner Karen Marcus have been invited to attend. The
meeting agenda includes a discussion of
1) The need for the study,
2) The goals and objectives of the study,
3) An analysis of the project time line.
Following the meeting an update will be prepared and forwarded to Council.
2) Nonconforming signs;
In January of 1999, the Council granted an additional year for owners of nonconforming signs to
come into compliance with the existing sign code. The additional year amortization period
expires in January 2000. Affected property owners were notified of this action via certified mail in
January, 1999.b The mailing provided pertinent dates and requirements for compliance.
In November 1999, Growth Management staff sent an additional certified notice to the affected
property owners. At this time staff has received 5 applications for variances and is working with
several other property owners to achieve compliance. However, the majority of affected property
owners will remain in violation upon the expiration of the amortization period.
Staff is preparing initiate enforcement of the sign code and will be present to discuss the issues at
the January 6th Council meeting.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 12/27/99
Meeting Date: 01/06/00
Subject/Agenda Item
Vegetative, Recycling and Solid Waste Collection Contract
Recommendation /Motion:
Staff recommends awarding the solid waste, recycling and vegetative collection contract
to Waste Management.
Reviewed by:
Originating Dept.:
Costs: $ 1,082,496
Council Action:
City Attorney /Pi
(,� _
Finance
(Total)
[ ] Approved
$ 1,110,000
[ ] Approved w/
Finance
Current FY
conditions
e-
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: November 3, 1999
[ x] Operating
Other
Paper: Palm Beach Post
[ ] Not Required
( ] Other
Memorandum
Submitted by:
Kent R. Olson kR6
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
01- 0900 - 519.3440
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
MEMORANDUM
TO Richard Diamond, Acting City Manager
FROM Kent R. Olson, Finance Director, <Ro
SUBJECT Solid Waste, Recycling and Vegetative Waste Bids
DATE December 27, 1999
BACKGROUND
The City advertised for bids on November 3 for Solid Waste, Recycling and
Vegetative Waste Collection Services. The City received a total of five (5) bids; the
qualifications statements were opened on December 7, with the price bids for those
firms that qualified to be opened on December 21.
DISCUSSION
The Review Committee met on December 14 and determined that all five bidders
had successfully met the minimum requirements. On December 21, the City received
a bid protest from one of the bidders. The protest was reviewed as per City procedures
and ultimately denied. Due to the protest, the bid opening was rescheduled for
December 27 at 11:00 a.m., at which time the price bids were opened. The firms and
their bids are shown below.
Company Annual Cost ,
Waste Management
$ 1,581,448
Sunburst Sanitation
$1,582,734
Eagle Sanitation
$1,587,595
Delta
$1,731,012
BFI Waste Systems
$1,816,692
As you can see, the lowest bidder is Waste Management. The City's portion of this
annual cost is $ 1,082,496, well within the budgeted amount of $1,1 10,000.
RECOMMENDATION
Staff recommends awarding the Solid Waste, Recycling and Vegetative Waste
Collection Services contract and franchise to Waste Management in the amount of
$1,581,448 and authorizing the Mayor to sign a contract with same.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 21, 1999
Meeting Date: January 6, 2000
Subject/Agenda Item: Award bid for purchase and installation of sod for Lake Catherine
lake front park.
Recommendation /Motion: Staff recommends awarding the bid for the purchase and
installation of sod for the Lake Catherine lake front park to Odum's Sod, Inc., of West Palm
Beach Florida, in the amount of $36,000.
Reviewed by:
originating Dept:
Costs: $_36,000_
Council Action:
Parks and Recreation
Total
City Attorney I &
[ ] Approved
Finance DA
$ 50,222
[ ] Approved wicondiwns
ACM
Current FY
[ ] 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 bid award from
[ X ] Not Required
Palm Beach County.
Submitted by: Sue
CC4�
epartme t Director
Affected parties
[ ]Notified
Budget Acct #::
01- 2080 - 519.6350
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
At the July 1, 1999 meeting of the City of Palm Beach Gardens City Council, the Mayor was
authorized to execute the agreement with Palm Beach County, wherein the county would provide
funding from it's District 1 Recreation Assistance program to complete the neighborhood requested
renovations (walking path, irrigation system and sod) to the Lake Catherine lake front park property.
MEMO
PARKS AND RECREATION
TO: Carole Post, Interim City Manager
FROM: Sue Miller, Director, Parks & Recreation
DATE: December 21, 1999
RE: Bid award for sod for Lake Catherine lake front property
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DISCUSSION:
As addressed in the agenda item of July 1, 1999, wherein the mayor was authorized to execute an
agreement with Palm Beach County to receive funding in the amount of $50,222 from the
County's District 1 Recreation Assistance Program, staff has completed, by utilizing in -house
labor, a portion of the planned renovations to the property, mainly the construction of the walking
trail and the installation of the irrigation system.
Staff now seeks approval to "piggyback" the Palm Beach County Bid # 99- 186 -VMG (Sod,
Furnish and Installation) to have Odum's Sod, Inc., of West Palm Beach, Florida, furnish and
install 181,818 square feet of Floratam sod at a price of .198 per square foot, or $36,000. This
would allow an upgrade to the park property without intruding on the homeowners. The city will
be responsible for the maintenance and upkeep of the park when completed.
This installation, which would occur in early spring, would complete the requests made by the
residents of the area to upgrade the park. Staff has already completed the installation of the
irrigation system and walking trail at a cost of $9,512.25.
Reimbursement from the County, following the guidelines set forth in the agreement calls for the
City to complete the project, and subsequent accounting data, within eighteen months from the
date of execution of the agreement. The County estimates that the City would be reimbursed for
the project within 45 days of receipt of a written statement stating the project has been completed,
along with the completed Contract Payment Request Form and a Contractual Services Purchases
Schedule Form.
RECOMMENDATION:
Staff recommends that the council authorize the City to "piggyback" the Palm Beach County
contract with Odum's Sod, Inc., of West Palm Beach, Florida (# 99- 186 -VMG Sod, Furnish and
Installation) in the amount of $36,000 for the purchase and installation of 181,818 square feet of
Floratam sod.
If you have any questions regarding this item, I am available for discussion at your convenience.
PAGE 0Z
=tit.tuu. ouo ufancy - -- - ODUM9S SOD, Co
394 State Road 7 • West Palm Beach, orida 33414
Phone: (561) 795 -9093 - Fax: (561) 7 -5100
PROPOSAL SUBMtTTEO TO: f vHo "E 775 1005 IDATE
11/4/99
`AmE City of Paln Beach Gardens oe�AME Lake Ca erine Park
STREET STReR
10170 Riverside Drive MacArthu III Blvd
Palm Beach Gardens i CIT'` Palm Beacl iGardens !STATE F1
STATE: Fl
we hereby submit saecificaaons and ttstrmates tor:
Approximately 181,818 square feet of Floratam Sod Delivere��and lnstallec at .198 per
square foot. $36,000
Does not include grading, watering, fertilizing or rolling.
- "Ve heret)y ot000se to furnish tabor and materul5 • LO to to aCCCrda^rr w rh arX+.•e spectnrAI.O. • ter rho sur" nr
Thirty Six Thousand 3 00
x +tars 3 »im aavmenr :a or made as ronuws:
Upon completion _
All material -s guaranteed to be as specthed. Ali work to be completed in a workmanlixe mannrr Accurding to standard prat
tnvotvtng extra Onus will be exmuted only vpon within o oers, and will become an extra charge over and above the esRi
deiays beyond our eontrol. Thts proposal sublimi io accrptance within _ 10 Jays and -s void the arter at he o
,Authorized Si�naturt;
ACCEPTANCE OF PROPOSAL
The above prices. specifications. and conditions are satisfactory and are hereby accepted. You are authorize
as outlined above.
ACCEPTED: Signature
Dare of Acceptance: signawre --
s• An-, aher5tOn Y desiatiun iM— .rbovc AN<• Cdbuns
. All agretimMts ContKIent Upon artkr; d. JCC:oet'ds. ur
do the wort as sxrired. "avmer' will x -ride
FROM FAX NO. Dec. 27 1999 10:32AM P1
Page 14
$'LD ILrS POj� E
�I4 _ }E95 -! 8s1V1�iG
501), FMWI SH ARID 124STALL ( TERM CON: RAC ' )
U= 3 - SOn, TMWISE AND DEr TV;r$ TO ANY DESIGriA:ED LOCATION WITHIN PALM BFAGki COt72 Y
DESCRIPTION I= UNIT PRICE � WEXG73T TOTAL FACTORED
j PER SQ. FT, FACTOR I RATE
BARIA ARGENT =NE
SQ.FT i : ;L .lI .. x
0055
SASZA VS KSACOLA
SQ . F":
UNIT PRICE
10
X
.20
r
$.
.020 —
ST. AU=TZN8
BAEUA ARGENT=M
SQ . FIT !
S . i I'� , - x
PLO&ATAM
SQ.FT
5_
-19
x
.15
i
S .O11
5
.0285 - -
CERTXrZZD BE 410A
-
i
PLOiiATAM
� SQ. F :'
g .1.98 - -- x
p 0297
100
T2FFIAY #415
SQ . FT
7.
• 24
_. , ,, -- X
.50
5
_
�ST.
PAZJ4z'TTO
S Q•rT
ROLL SOD, CERTIFIED
.14
g 021
CBRTIFIM BERML'OA
E
3E2m=A TIFWAY #419
SQ.FT
$
-22
X
10
ff S
-022
—
-
—TOTAL
FOR LOT #3
. 1760
S.,
LDT 4 • SOD, FuR=SH A= =S 'Z,Ljt AT ANY DBS =GNA.M WCATZO2f 143TSIId PALM SEA=S COUN Y
DESCRIPTION
SNIT {
UNIT PRICE
WEIGET j
TOTAL FACTOR=
1
PER SQ. FT. �
FACTOR If
RATE ;
BAEUA ARGENT=M
SQ . FIT !
S . i I'� , - x
_ 1
. 2 5
0285
$ I
RARTA PENSACOLA
SQ.rr
$ •32 X
,10 11
i
S .O11
ST. ADGVSTZNE
._
-
i
PLOiiATAM
� SQ. F :'
g .1.98 - -- x
p 0297
-
==STINE
�ST.
PAZJ4z'TTO
S Q•rT
S_. 21 -- x
.14
g 021
CBRTIFIM BERML'OA
TIFWAY 0419
SQ.FT
$ •ZZ X
.35
�5 '077 i
ROLL SOD, mtTzF•IE^
$�RlKt7DA TyFWFY #41!
SQ. F'S
$ • 255 X
. 05 '
_01275
$ i
- -
TOTAL
FOR LOT #4 $
.1799
COALinued....
11
'11/-BS/1999 ^ 14:21 15517935100 r ` ODUMS INC _ _ r - - .. - _ - r ^ PACE 02
PraasWi�l� De�arbysia9lt
. 96 $- %Mllib►rq •1•rJ4 iwlte 110
WVat Wra AMch, &31416-504
(5611 233.1500
PAX' (661) 2331611
www.ao.palm-beach• A,us
f46a x"ch awaty
20610 of C4ma1y -
0"Unksakme"
Maude Pord'Let Crwr
Warren H. Newell, Vice Chorman
fulren T. Marcus
Cssrol A. Roberts
P4wy McCarty
Burr. Aaronson
.o "y MaUkft
Co«ary eew►lnMcra,oar
Robert Wellman
ws 94ual OWnwiso,
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D /D /A .Onifit' i' i{OD tNC .
394 BTATS AQ�IL y
WEFT PUM''•82A.M. PL 33414
Dear Vondor r IV T
TERM CONTRACT
Tbis is do Latorm you that palm l
leach County Board of CO11t1<ty
Corm issioners is entering into a Tom c
cOri: ract with your company for
pled on one of the followings
t x ; Pfoix&L sus N -
PZ M1AL OF FORMAL DID /RM! # _
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C ] 11RT>f 87.09 OF FORMAL SrD /RPQ #
t I w=-- 'want QUOTATION #
I l VjRjjAtr QUOTATION PER
-
i S eT1ITB :OF PLORIDA CO1tTPLh=
PALM ISACK COUI °Y SCKOOL B
Btb
t ] OT)M s
The t *hfl;of this contract is t
throagh 04-14 -2006. The
ootimoted•dollar value is $916.000
The bbligatione of palm Saach, County d
der thiD contract are subject
to th* availability of funds lawful i
i appropriated for it= purpose
by -.the. -Gtutt of Ploridat and the Soar z
z. of coi=Ly Commissioner*,
Pala+. Brach County Department* will s
ssue hard 'copy orders against
this contract as your authorizstica o
o de2iver. All invoices must
reference each uniVs doeµment nu
if you -bave any Quurtions, please i
itaot varriatha M. Green. CPpg
At Cam) .iJ.2 -3.=• _
63na�rilyr.
DQW1 V: Kyora Direct=
sure sing Do tMont
Ar.:..Midhael Martz - parks /Recrea
kiks eosaviak - Facilities M
sonnir atesin - Fire Recoue
File
Roberts carfagno - Hng.
Chunk Kmf3e1d - Airport
Carol McDuf lies - W=
L .d 000T LLTeS XU-:f D3�3 GNU >kidd sad L2:ST 66. 6 noN
•- Boat&of County Commissioners
Maude Ford Lee. Chairman
4 G2�
Warren H. Newell, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Mary McCarty
LOR194`
Burt Aaronson
Tom• Masilotti
BOARD OF COUNTY COMMISSIONERS
NOTICE OF SOLICITATION
BID #99- 186!VMG
SOD, FURNISH AND INSTALL
(TERM CObrzk_XC: )
BID OPENING DATE: Aucust 12. 1999 AT 2:00 P.M.
County Administrator
Robert Weisman
Purchasing Department
It is the responsibility of the bidder to insure that all pages are included. Therefore,
all bidders are advised to closely examine this package. Any questions regarri4 -+g the
ccupleteness of rt±4s package should be immediately directed to Palm Beach County Pur- I+Asing
Department (561) 233 -1500.
it is requested that all bids be submitted in t_--iplicate, one original and two copies.
BIDDERS SHALL SUBJ=, IN A SEALED PACKAGE OR CON73XAER, AT LEAST ONE ORIGINAL, SIGNED IN INK
BY AN OFFI,--- B3LV3:NG AurridR.ITY TO BIPM THE COMPANY OR FIRM. FA_77 -13RE TO DO SO SHAT -T- BE CAUSE
FOR REJECTION OF YOUR BID.
Palm Beach County is exempt From Federal and State Taxes for tangible person??_ property
Call Bid Hotline number 795 -8080 (From Palm Beach County) , 425 -7420 (from Broward County).
or 655 -4527 (from Dade County) or tune in to the Education and Government Television Cable
(-'-- -+-gel for a list of additional advertised "Invitations for Bid" and "Recuests fo:
Proposal The Bid Hotline also provides updates or. posted award recommendations.
Protests can be accepted only during the five (5) business day posting period -
C A U T I O N
Amendments to this Invitation for Bid
wil'_ be automatically sent only to those vendors
who received this document directly from
Palm Beach County Pur- easing Depa- :.went.
Pal- Beach County shall not be responsible
for the completeness of any Invitation for Bid
package not purchased directly from
Palm Beach County Purchasing Department.
In accordance with the provisions of ADA, this
document may be requested in an alternate format.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
DECEMBER 16, 1999
The December 16, 1999, 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,
Councilman David Clark, and Councilman Eric Jablin. Vice Mayor
Lauren Furtado and Councilman Carl Sabatello were absent.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. The Mayor
welcomed the new City Manager, Nabar Martinez, and the Scouts
and government students in attendance.
PRESENTATIONS
Teamwork Awards Teamwork Awards were presented to Stacy Clayton, Beth Ingold
Love, Ed Morejon, Jules Bolton, Steve Medford, Keith Bryer,
Mike Morehead, Evan Bestland, and Holly Luzader.
Employee Service Award
Fire Department
Bargaining Team Recognition
CITY MANAGER REPORT
An Employee Service Award was presented to Kathy Specker.
Members of the Fire Department Bargaining Team were recognized
for their outstanding work in instituting a new bargaining process.
Awards were presented to Human Resources Analyst Jenny Steidl,
Fire Medic Jules Bolton, Commander C. R. Brown, Fire Inspector
Keith Brier, Firefighter Paul Hodges, Engineer Pat Licata, Engineer
Lance Logan, Engineer Steve Medford, Engineer Ed Morejon,
Deputy Chief Jerry Catoe, and Assistant Chief Scott Fetterman.
Construction Manager Report Ray Casto, Construction Manager, provided an update on
construction progress for the municipal complex, reviewed
requested change orders, and addition and deletion of funds.
City Council Regular Meeting, 12/16/99 2
Councilman Clark made a motion to approve Change Orders 82, 93,
105, 106, 109, 111, 112, 118, 114, 127, 128, 130, 131, 132, 133,
134, 136, 138, 142, 144, and 146; and deletion of the monies in
Change Order 10 with the exception of $4,172 as referenced by the
Construction Manager. Councilman Jablin seconded the motion,
which carried by unanimous 3 -0 vote.
Census 2000 Update Principal Planner Kim Glas Castro provided an update on Census
2000.
District Park - Parks &
Recreation Director Parks & Recreation Director Sue Miller presented a conceptual plan
for the District Park, to be presented to participating municipalities
at an upcoming meeting to be called by Commissioner Karen
Marcus. Ms. Miller reported that a recent meeting had been
attended by Jupiter and Palm Beach Gardens. The possibility of
including an ice skating rink and a roller hockey rink were discussed.
PGA Flyover - Cost
Estimates Mary Conway, Department of Transportation Growth Management,
provided an overview of the presentation. Project Manager Lee
Moore explained that the numbers had been formulated without any
engineering and figures had been obtained from manufacturers and
similar projects, and clarified that some items reflected only the
difference in what the DOT had already funded and the ultimate
cost. Mr. Moore explained that some of the proposed structures
would need to be reduced in size to accommodate roadway
clearances and drainage pond No. 2. Ms. Conway reviewed line
items, explained that $6,000,000 would be needed from the City,
and that a decision whether to participate would be needed from the
City by the end of January. Mayor Russo requested a meeting to
discuss sources of funds.
Holly Drive Drainage Engineer Dan Clark, filling in for City Engineer Len Lindahl,
provided a status report on the Holly Drive drainage and explained
that responsibilities had been determined for components of the
project, and that negotiations regarding costs associated with those
responsibilities were continuing with BallenIsles and St. Ignatius
Church. Mayor Russo requested notification to the residents
regarding progress on this project.
Ratification of Final Form
of Agreement with
City Council Regular Meeting, 12/16/99 3
Nabar E. Martinez Councilman Clark made a motion to ratify the final form of
agreement with City Manager Nabar E. Martinez. Councilman
Jablin seconded the motion, which carried by unanimous 3 -0 vote.
AWARDING OF BIDS
Audio Visual Equipment and
Installation Councilman Clark made a motion to approve staff recommendation
to award a contract to Central Audio Visual in the amount of
$74,230.19 for the supply and installation of audio visual equipment
for the new City Hall. Councilman Jablin seconded the motion,
which carried by 2 -1 vote, with Mayor Russo opposed.
COMMENTS FROM
THE PUBLIC On behalf of PGA National residents, Siro DeGasperis expressed
appreciation for the City's efforts in resolving the drainage
problems. Mr. DeGasperis expressed his opinion that the County
should contribute gas tax monies to the PGA Flyover project. Mr.
DeGasperis reported that a reliable source had indicated that the
turnpike interchange would be at Ryder Cup and not at Hyatt Drive,
and requested support from the City not to let this happen. Mayor
Russo expressed the City's support. Mr. DeGasperis wished the
City Council Happy Holidays.
Joan Atwater Ms. Atwater extended Seasons Greetings from Cypress Hollow
Homeowners Association.
Agusto Hernandez Mr. Hernandez stated he was speaking as an individual, expressed
concern regarding the City's growth, recommended a plan for
architectural designs, and commended staff on moving the oak trees,
but expressed concern that environmental practices were not always
followed. Mayor Russo provided assurance that the City followed
the environmental laws.
CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda as
submitted. Councilman Jablin seconded the motion. The
following items were approved on the Consent Agenda:
1. Approval of Minutes of 11/18/99 City Council Workshop
Meeting.
2. Approval of Minutes of 11/18/99 City Council Regular
Meeting.
3. Approval of Minutes of 11/19/99 City Council Workshop
Meeting.
City Council Regular Meeting, 12/16/99
4
4. Approval of Minutes of 12/2/99 City Council Regular
Meeting.
PUBLIC HEARINGS
Ordinance 47, 1999 Mayor Russo declared the public hearing open, held on the intent of
Ordinance 47, 1999 - Providing for Expansion of Publix at
Oakbrook Square, duly advertised December 1, 1999, for
consideration of Second Reading and Adoption. Staff comments
were made. Resident Cheryl McGee expressed concern that paint
had been poured on the ground in violation of environmental laws,
and that paint cleanup was done at a faucet at the rear of the
building which allowed the paint to go into the storm drain. Ms.
McGee requested that a cleanup area be added at construction sites.
Mayor Russo requested information from other cities regarding how
they handled similar situations and active participation by the owner
of Oakbrook Square to prevent these activities. Ann Booth, Urban
Design Studio, explained that representatives of the owner had
contacted the contractor, notified their security personnel to watch
for illegal dumping, and planned to post signs. Hearing no further
comments from the public, Mayor Russo declared the public hearing
closed. Mayor Russo requested a report on the status of this
problem from the owner of the shopping center in a couple of
weeks, and research into what other cities were doing in similar
situations.
Councilman Clark moved that Ordinance 47, 1999 be placed on
Second Reading by title and approved. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 47, 1999 on Second Reading by title only.
Resolution 154, 1999 Mayor Russo declared the public hearing open, held on the intent of
Resolution 154, 1999 - Consideration of Approval to Elect the Use
of the Uniform Method of Collecting Non -Ad Valorem Special
Assessments Levied Within the Incorporated Area of the City - duly
advertised 11/19/99. 11/26/99, 12/3/99, and 12/10/99, for
consideration of approval. Hearing no comments from the public,
Mayor Russo declared the public hearing closed.
Councilman Clark moved approval of Resolution 154, 1999.
Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote.
ORDINANCES
City Council Regular Meeting, 12/16/99
4i
Ordinance 48, 1999 Principal Planner Kim Glas Castro reviewed the request and stated
that staff recommended approval. Councilman Clark made a motion
to place Ordinance 48, 1999 - Providing for Approval of Voluntary
Annexation of 3.21 Acres Located 1/4 Mile North of Florida
Boulevard on Alternate A 1 A - on First Reading by title only.
Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 48, 1999 on
First Reading by title only.
Ordinance 49, 1999 Principal Planner Kim Glas Castro reviewed the request and stated
that staff recommended approval. Councilman Clark made a motion
to place Ordinance 49, 1999 - Providing for an Amendment to the
City's Comprehensive Plan by Changing the Land Use Designation
on 3.21 Acres of Land Located approximately 1/4 Mile North of
Florida Boulevard Along Alternate A I A from Palm Beach County
Medium Residential (MR5) to Palm Beach Gardens Residential Low
(RL) - on First Reading by title only. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 49, 1999 on First Reading by title only.
Ordinance 51, 1999 Principal Planner Jim Norquest reviewed the request and stated that
staff recommended approval. Councilman Jablin expressed concern
that a shuttle bus was transporting people across the street and that
off -site parking was being used. Growth Management Director
Roxanne Manning explained the shuttle was temporary during
construction. Attorney Alan Ciklin described the cross traffic
situation, which he explained would be alleviated with completion
of the new campus. Councilman Jablin expressed safety concerns.
Attorney Ciklin suggested the church confer with the police and find
a resolution to the problem, and report back to staff.
Councilman Jablin made a motion to place Ordinance 51, 1999 -
Providing for Amendment to Ordinance 34, 1999, to Allow for an
Extension of a Date Certain Condition of Approval Relating to the
Calculation of Parking Requirements from '/2/00 to 4/1/00 at the Site
Known as Christ Fellowship - on First Reading by title only.
Councilman Clark seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 51, 1999 on
First Reading by title only.
Ordinance 52, 1999 Staff reviewed the request and recommended approval. Councilman
Clark made a motion to place Ordinance 52, 1999 - Providing for
Rezoning of 2.95 Acres of Land on the South Side of PGA
City Council Regular Meeting, 12/16/99 6
Boulevard, East of Ballenlsles Drive from Neighborhood
Commercial (CN) Zoning District to Planned Unit Development
(PUD) - on First Reading by title only. Councilman Jablin seconded
the motion, which carried by unanimous 3 -0 vote. The City Clerk
read Ordinance 52, 1999 on First Reading by title only.
Ordinance 53, 1999 Staff reviewed the request and recommended approval. Bell South
Attorney Ron Feiner, reviewed the site plan, including agreement
with DiVosta to provide a common wall and maintenance of that
wall, and the requested waivers. The architect for the project spoke
on behalf of the petitioner. Building colors and materials were
reviewed. Councilman Clark made a motion to place Ordinance 53,
1999 - Providing for Rezoning of 1.56 Acres of Land Located on
the South Side of RCA Boulevard Approximately 0.2 Miles East of
the Intersection of RCA Boulevard and Alternate A I A (BellSouth) -
on First Reading by title only. Councilman Jablin seconded the
motion, which carried by unanimous 3 -0 vote. The City Clerk read
Ordinance 53, 1999 on First Reading by title only.
Ordinance 54, 1999 Staff reviewed the request and recommended approval. Councilman
Clark made a motion to place Ordinance 54, 1999 - Providing for
Abandonment Posted and Viewed Roadway - on First Reading by
title only. Councilman Jablin seconded the motion, which carried by
unanimous 3 -0 vote. The City Clerk read Ordinance 54, 1999 on
First Reading by title only.
ITEMS & REPORTS
FOR COUNCIL ACTION
Councilman Jablin Councilman Jablin reported the Hanukkah celebration had been a
great success, and thanked the Mayor for attending. Councilman
Jablin reported the Art Task Force had found lighting in the lobby
of the new building was insufficient for lighting art, and a plan for
retrofitting would be developed. The Art Advisory Committee had
discussed placing an example of art in public places in Cityline each
quarter for which minimal expenses would be involved. The Art
Advisory Committee had also discussed the ordinance requiring art
in public places which was encouraging developers just to write
checks and not to place art in public places, and requested review of
the ordinance. Options were discussed. Councilman Jablin clarified
that he would provide a list of people who had given checks and the
size of the projects, versus people who had provided art and the size
of those projects. Councilman Jablin reported the Art Advisory
Committee had recommended re- matting and re- framing the City
City Council Regular Meeting, 12/16/99
7
Seal with materials found in the new Council Chambers, and placing
it over the City Council dias to see how it looked before making a
decision of whether to leave it in that location. Councilman Jablin
reported Golf Digest was very concerned regarding their
negotiations with Seacoast Utilities, and that he had attended a
meeting with Rim Bishop of Seacoast Utilities and Dan Clark of the
City's engineering firm, and then attended a meeting with Golf
Digest representatives. Councilman Jablin reported
miscommunication between the parties and that he had suggested a
meeting of all parties with representatives able to make a decision,
and had informed Golf Digest officials that they would not receive
his support until the City Engineer and Seacoast Utilities were
satisfied that the City's water supply would not be jeopardized.
Discussion ensued. Councilman Jablin agreed to attend the meeting
which had been set for the next Wednesday if Councilman Sabatello
could not attend. Interim City Manager Post reported numerous
meetings had been held with City attorneys, staff, and Golf Digest
representatives.
Mayor Russo The Mayor reported he had met with Toll Brothers and
Commissioner Marcus to discuss options for location of the
roadway, and advised that the City needed to determine the best
solution after hearing from the residents but that the County would
make the ultimate decision. Growth Management Director Roxanne
Manning reported staff had determined the roadway was needed and
explained that locating the roadway along the environmental area
would cause deterioration of that area next to the road. Councilman
Clark expressed his opinion that it was not the City's job to evaluate
environmental consequences but that they should take the position
that the road should go to the south as originally planned, and if the
County wished to spend funds on environmental studies they could
do so. Growth Management Director Manning commented there
were three options, two of which would divide the community.
Mayor Russo reported he was trying to set up a meeting with
School Board member Linda Hines, the construction person in the
schools, and Commissioner Marcus, and that WCI representative
Nancy Graham had indicated she would make land available so that
a swap could be made for a school site. Mayor Russo reported he
had attended the Economic Council meeting where there had been
a big discussion related to schools.
Mayor Russo thanked Carole Post for her work as Interim City
Manager and extended happy holiday wishes to everyone.
City Council Regular Meeting, 12/16/99 8
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Jablin, seconded by Councilman Clark, carried 3 -0, the
meeting was adjourned at 9:45 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
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Date Prepared: December 19, 1999
Approving the NorthMil Plaza Plat
Subject /Agenda Item
Consider a motion to approve Resolution 153, 1999
Recommendation/Motion:
Reviewed by:
Originating Dept.:
Costs: N/A
Council Action:
Total
City Attorney
Administration
[ ] Approved
Finance
$
[ ] Approved w/
Current FY
conditions
ACM
[ ]Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Resolution 153, 1999
[ ] Other
Paper:
[ X ] Not Required
Submitted by:
City Clerk
Affected parties
[ ] Notified
Budget Acct. #::
N/A
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND:
The City Engineer had reviewed and signed off on the NorthMil Plaza Plat. The proposed plat meets
all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S.,
and is consistent with the City's Comprehensive Plan.
Staff recommends that the Council approve the NorthMil Plaza Plat and authorize the Mayor and City
Clerk to execute the Mylar.
LIbLf 0
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
MEMORANDUM
TO: Cindy Harvey
FROM: Sean C. Donahue, P.E. —'GC O
DATE: December 29, 1999
SUBJECT: Northmil Plaza LBFH File No. 96 -2104
Attached please find the signed and sealed Mylar copy of the plat for the referenced project.
Based on our review of the plat, we recommend its approval.
SCD/
cc: Roxanne Manning
Bahareh Keshavarz
Jack Hanson
P: \PROJECTS \PBGMEMO\2104\2104zc
3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925
http: /. /www.lbfli.corn • e -mail: info @lbfh.com
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December 19, 1999
RESOLUTION 153, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
NORTHMIL PLAZA PLAT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the NorthMil Plaza Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all of 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 NorthMil Plaza Plat, consisting of two (2) sheets dated November, 1999, prepared
by Wallace Surveying, Corp. attached hereto as Exhibit "A" and by this reference made a part
hereof.
Section 2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 2000.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date of Meeting: January 6, 1999
Date Prepared: December 13, 1999
Subject /Agenda Item
Resolution 2, 2000 - Ballenlsles Parcel 6A Entry Feature and Signage
Recommendation/Motion:
Staff recommends approval of Resolution 2, 2000.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
_
Total
City Attorney
Growth Management
[ ]
Finance -,N
/ _ 1
$
[ ] Approved w /conditions
ACM
J I" N
Current FY
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
°'
—Site Plans
[ x ] Not Required
—Sign Elevations
Submitted :
Growth M m o
Affected parties
[ x ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ] Not required
REQUEST:
Consideration of approval for Resolution 2, 2000, a request by John Tiffany, agent for
BallenIsles Community Association, Inc., for an amendment to a previously approved site plan
for 40 zero -lot -line single family home lots on Parcel 6A known as San Marco Bay, within
BallenIsles Planned Community District (PCD). The proposed changes to the site plan will
affect the entryway and signage of the project. Ballenlsles Parcel 6A is located on the north side
of Fairwinds Avenue, north of its intersection with BallenIsles Drive. (11- 42S -42E)
BACKGROUND:
The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. The
subject parcel received site plan approval on February 18, 1999 with the passage of Resolution
18, 1999. The subject parcel is designated as Medium Density and has been approved for 40
zero - lot -line single family homes, which is consistent with the land use designation of the parcel.
The subject property, known as San Marco Bay, is 12.68 acres. The current land use designation
for the subject site is Residential Medium (RM), and the subject property is zoned as a Planned
Community District (PCD).
The project will be developed in a single phase. The applicant deferred review of the entrance
feature during site plan approval. The applicant is now submitting the details for the project
entrance signage as well as the entry feature for the City Council's review and approval.
REVIEW PROCESS:
This is a request for an amendment to a site plan within a Planned Community District (PCD).
The City Council reviews the request for amendment to a site plan for consideration of approval,
approval with conditions, or denial.
It should be noted that due to the fact that the January 6th, 1999 City Council agenda is lengthy,
and due to the uncomplicated nature of this petition, staff recommends that this item be placed
on the consent agenda.
AMENDMENT:
The proposed amendment includes the entry feature (including signage) of the project. The
previous approval did not include the entry feature. The design proposed consists of an entrance
wall sign located at the right flank of the south entrance displaying the parcel's name along with
a water feature (see elevations included in this report).
The New Construction Committee has signed off on the design of the entrance feature and their
approval letter is attached to this report.
LANDSCAPING:
The common area landscaping plans previously approved will not be affected as a result of the
signage design. However, the applicant has reserved the right to add more landscaping at the
entrance, at the time of installation.
ENGINEERING:
The City Engineer has reviewed the plans and has no concerns or comments.
4
RECOMMENDATION:
Staff recommends approval of Resolution 2, 2000, a request to amend a previously approved site
plan to allow the construction of a decorative entry feature with one condition:
Prior to the release of the landscape escrow monies for Parcel 6A, the Landscape Architect
of Record shall supply the City with three copies of the as -built landscape plan for the
common areas within Parcel 6A.
TABLE 1
EXISTING ZONING AND LAND USE DESIGNATIONS
� PETITION BALLENISLES PARCEL 611 -Qz1
3 �X�S� �' G ASE
0
��ZO�G� F�
ALA D1y _.
Subject Property :
Planned Community District
Residential Medium
BallenIsles PCD, Parcel 6A
(PCD)
RM
North :
Planned Community District
Residential Low
BallenIsles PCD, Lake &
(PCD)
RL
Parcel 8b
South :
Planned Community District
Residential Medium
Ballenlsles PCD, Parcel 6b
(PCD)
RM
East :
Planned Community District
Residential Low
BallenIsles PCD, Parcel 9
(PCD)
RL
West:
Planned Community District
Golf
BallenIsles PCD, Golf Course
(PCD)
G
F.
RESOLUTION 2, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
THE SITE PLAN FOR PARCEL 6A, SAN MARCO BAY,
LOCATED WITHIN THE BALLENISLES PCD, AS
ORIGINALLY APPROVED BY RESOLUTION 18, 1999, BY
ADDING AN ENTRY FEATURE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 1. 8, 1999, approving a site plan for
Parcel 6A, located within the BallenIsles Planned Community District; and
WHEREAS, the original approval for 40 zero -lot -line single family homes did not
include approval of an entry feature; and
WHEREAS, an application has been submitted by John Tiffany, agent for BallenIsles
Community Association, Inc., seeking to amend the approved site plan to include an entry
feature; and
WHEREAS, the City's Growth Management Department has reviewed this application
and has determined that the amendment to the site plan is consistent with the City's
Comprehensive Plan and Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens hereby approves an
amendment to Resolution 18, 1999, approving an amendment to the site plan for Parcel 6A
known as San Marco Bay, located within the BallenIsles PCD, for the construction of an entry
feature.
Section 2. Said construction shall be consistent with plans on file with the City's
Growth Management Department as follows:
1. July 22, 1999 Layout Plan, Krent Weiland Design, Inc., Sheet L -1.
2. July 22, 1999 Detail Sheet, Krent Weiland Design, Inc., Sheet L -2.
Section 3. Said amendment shall comply with the following condition:
Prior to the release of the landscape escrow monies for Parcel
6A, the Landscape Architect of Record shall supply the City
5
with three copies of the as -built landscape plan for the common
areas within Parcel 6A.
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
ATTEST:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
2000
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
.ICtion Committee
minity Association, Inc.
'� QOpO��pQ
O�oO
BALLENIsus
)5 Ballenlsles Circle, Palm Beach Gardens, Florida 33418 -4001 (561) 625 -5720 / (561) 625 -2637 Fax (561) 625 -2621
October 6, 1999
Mr. James Norquest
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33418
Dear Mr. Norquest,
The New Construction Committee has reviewed and approved the entrance
feature and signage for San Marco (Parcel 6A) in Ballenlsles.
Sincerely,
D, rothy D. illiams
Administrator
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12
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date of Meeting: January 6, 1999
Date Prepared: December 13, 1999
Subject/Agenda Item
Resolution 3, 2000 - BallenIsles Parcel 24 Entry Feature and Signage
Recommendation/Motion:
Staff recommends approval of Resolution 3, 2000.
Reviewed by:
City Attome�
FineAce NA
ACM
Human Rvs. NA
Other NA
ISubmitted b
Growth Man "a -4
Approved by-,
City Manager
REQUEST:
Originating Dept.:
Growth Managemont
49
Advertised:
Datc:
Paper:
[ x ] Not Required
�-cted parties
[ ] Notified
[ x ] Not required
Costs: $
Total
s
Current FY
Funding Source:
( J Operating
[ ] Othcr
Budget Acct. it:
Council Action:
[1
[ 1 Approved w/�*d;(i.
[ ] Dcnicd
( ] Continued to:
Attachments:
ca, Site Plans
'Sign Flcvations
[ ] None
Consideration of approval for Resolution 3, 2000, a request by John Tiffany, agent for
BallenIsles Community Association, Inc., for an amendment to a previously approved site plan
for 22 single - family semi - custom homes on Parcel 24 known as Island Cove, within BallenIsles
Planned Community District (PCD). The proposed changes to the site plan will affect the
entryway and signage of the project. BallenIsles Parcel 24 is located on the west side of East
Island Avenue just south of its intersection with BallenIsles Military Trail entrance. (13 -42S-
42E)
BACKGROUND:
The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The
subject parcel received site plan approval on February 18, 1999 with the passage of Resolution
17, 1999. The subject parcel is designated as Medium Density and has been approved for 22
single - family homes, which is consistent with the land use designation of the parcel.
The subject property is 6.24 acres. The current land use designation for the subject site is
Residential Medium (RM), and the subject property is zoned as a Planned Community District
(PCD).
The project will be developed in a single phase. The applicant deferred review of the entrance
feature during site plan approval. The applicant is now submitting the details for the project
entrance signage as well as the entry feature for the City Council's review and approval.
REVIEW PROCESS:
This is a request for an amendment to a site plan within a Planned Community District (PCD).
The City Council reviews the request for amendment to a site plan for consideration of approval,
approval with conditions, or denial.
It should be noted that due to the fact that the January 6th, 1999 City Council agenda is lengthy,
and due to the uncomplicated nature of this petition, staff recommends that this item be placed
on the consent agenda.
AMENDMENT:
The proposed amendment includes the entry feature (including signage) of the project. The
previous approval did not include the entry feature. The design proposed consists of an entrance
wall sign located in the median of the entrance displaying the Parcel's name, along with a water
feature (see elevations included in this report).
The New Construction Committee has signed off on the design of the entrance feature and their
approval letter is attached to this report.
LANDSCAPING:
The common area landscaping plans previously approved will not be affected as a result of the
signage design. However, the applicant has reserved the right to add more landscaping at the
entrance, at the time of installation.
ENGINEERING:
The City Engineer has reviewed the plans and has no concerns or comments.
2
RECOMMENDATION:
Staff recommends approval of Resolution 3, 2000, a request to amend a previously approved site
plan to allow the construction of a decorative entry feature with one condition:
Prior to the release of the landscape escrow monies for Parcel 24, the Landscape Architect
of Record shall supply the City with three copies of the as -built landscape plan for the
common areas within Parcel 24.
3
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS
� PETITION BALLENISLES PARCEL 24 �
✓¢° �f �kP4'?r fit`
G�USE %% ✓i
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'3'3j, �], («' a { iET,
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hi• A jai y`y3.fi„'+i �� 3
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�.,. �, si, nafi✓ ni/. v,,: �t..,,,,,,,«"+,;�ire?fs�3A,�ii�, �y.J��,��iy f�6��., �-:� , ...�„ �'„�a)
.. „ .s �.
Subject Property :
Planned Community District
Residential Medium
BallenIsles PCD, Parcel 24
(PCD)
(RM)
North :
Planned Community District
Golf
Ballenlsles PCD, Lake
(PCD)
(G)
South :
Planned Community District
Golf
BallenIsles PCD, Lake
(PCD)
(G)
East :
Planned Community District
Residential High
BallenIsles PCD, Parcel 23 &
(PCD)
Density (RH) & Golf
Lake
(G)
Trinity Methodist Church
Residential -Low (RL -3)
Residential Low
Density
(RL)
West:
Planned Community District
Golf
BallenIsles PCD, Lake
(PCD)
(G)
El
RESOLUTION 3, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
THE SITE PLAN FOR PARCEL 24, ISLAND COVE,
LOCATED WITHIN THE BALLENISLES PCD, AS
ORIGINALLY APPROVED BY RESOLUTION 17, 1999, BY
ADDING AN ENTRY FEATURE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Resolution 17, 1999, approving a site plan for
Parcel 24, located within the BallenIsles Planned Community District; and
WHEREAS, the original approval for 22 single - family homes did not include approval of
an entry feature; and
WHEREAS, an application has been submitted by John Tiffany, agent for BallenIsles
Community Association, Inc., seeking to amend the approved site plan to include an entry
feature; and
WHEREAS, the City's Growth Management Department has reviewed this application
and has determined that the amendment to the site plan is consistent with the City's
Comprehensive Plan and Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens hereby approves an
amendment to Resolution 18, 1999, approving an amendment to the site plan for Parcel 24
known as Island Cove, located within the BallenIsles PCD, for the construction of an entry
feature.
Section 2. Said construction shall be consistent with plans on file with the City's
Growth Management Department as follows:
1. November 11, 1999 Layout Plan, Krent Weiland Design, Inc., Sheet L -1.
2. August 4, 1999 Detail Sheet, Krent Weiland Design, Inc., Sheet L -2.
Section 3. Said amendment shall comply with the following condition:
Prior to the release of the landscape escrow monies for Parcel
24, the Landscape Architect of Record shall supply the City
5
with three copies of the as -built landscape plan for the common
areas within Parcel 24.
Section 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
ATTEST:
LINDA V. KOSIER
MAYOR JOSEPH R. RUSSO
2000
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
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s ' Parcel 24
Palm Beach Gardens, Florida
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Palm Beach Gardens, Florida
: Site Plan
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w Construction Committee
allenIsles Community Association, Inc.
205 BallenIsles Circle, Palm Beach Gardens, Florida 33418 -4001 (561)625-5720/(561)625-2637 Fax(561)625-2621
October 6, 1999
Mr. James Norquest
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33418
Dear Mr. Norquest,
The New Construction Committee has reviewed and approved the entrance
feature and signage for Island Cove (Parcel 24) in BallenIsles.
Sincerely,
Dorothy D. Williams
Administrator
DDW /vg
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BALLENISLES
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11
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12
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 1999
Date Prepared: December 15, 1999
SUBJECT /AGENDA ITEM:
Second Reading /Public Hearing of Ordinance 46, 1999: an amendment to the
Conditional Use Approval for Petition CU- 99 -01, Nativity Lutheran Church & School
Expansion.
RECOMMENDATION /MOTION:
Staff recommends that Ordinance 46, 1999 be approved with 2 conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney r
Growth Management
[ ] Approved
Finance iC''
$
[ ]Approved w /conditions
ACM
���
Current FY
11
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ]Continued to:
Attachments:
Date: 12/22/99
[ ] Operating
*Ordinance 46, 1999
Paper: Palm Beach
[ ] Other
*Letter from Seacoast
Post
Utility dated 10/26/99
*Crime prevention matrix
*Master Site Plan
*Phase 1 Site Plan
*Phasing Plan
teNted ot Required
*Aerial Photograph
Submitted by:
Growth Managem a or
parties
[ X ] Notified
Budget Acct-#:
[ ] None
Approved by:
City Manager
[ ] Not required
REQUEST:
A request by Anthony E. Oliver, agent for Nativity Lutheran Church, Inc., for site plan
approval for a multi - purpose building (8,250 square feet), a future sanctuary (9,000 square
feet), and the expansion of their educational and administrative facilities (18,645 square
feet). The site is located at the northwest corner of Holly Drive and Plant Drive. (12 -42S-
42E)
BACKGROUND:
The church and preschool are located on a 5 -acre site, which was first given conditional
use approval in May 1962. The site was originally approved for a fellowship hall, offices,
classrooms, a sanctuary, and a parish hall. However, the parish hall (2,964 square feet),
the sanctuary (5,500 square feet), and some of the classroom (2,142 square feet) and
office space (648 square feet) were never constructed. Currently on the site, there is a
2,230 square -foot sanctuary (originally approved as a fellowship hall), a 5,031 square -foot
private elementary school in two buildings (72 students), and a 2,000 square -foot center
for autistic children (The Renaissance Learning Center). These uses are contained in
three separate buildings.
LAND USE AND ZONING:
The subject site is zoned as Residential - Medium Density (RM) with a conditional use
overlay for a church and school, and has a future land use designation of Residential —
Medium Density (RM). See Table 1 for a complete listing of adjacent uses, land use
designations and zoning districts, and consistency with the City's Codes.
CONCURRENCY:
The proposed project received concurrency certification on August 18, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water.
PROCEDURE:
This is a request for conditional use approval; therefore, it is considered a major review.
The conditional use request is reviewed by the Development Review Committee, who
forwards comments and recommendations to the Planning and Zoning Commission. The
Planning and Zoning Commission reviews the conditional use. The Commission acts in
an advisory role, and makes recommendations regarding the proposed requests to the City
Council. The City Council reviews the request for conditional use approval for
consideration of approval, approval with conditions, or denial.
Please note that this petition, the expansion of the church and school use, will be reviewed
by the City Council as an amendment to the conditional use as CU- 99 -01. The amendment
2
to the elevations, setbacks, signage, and other physical site plan changes will apply to SP-
99-02, which is a separate petition on this agenda.
It should be noted that public hearings must be held before the Planning and Zoning
Commission and City Council for conditional use approval for all future phases after Phase
1.
PROJECT DETAILS:
General Details
The proposed 28,864 square -foot (net) expansion would provide additional classrooms,
a sanctuary with 450 seats, and a multi - purpose building. These structures would be used
for church services, an elementary school with a maximum of 240 students, an autistic
learning center, and administrative offices.
Phasing
The applicant is proposing a four (4) phased plan. Currently, 9,261 square feet exist, of
which approximately 4,611 square feet will be removed. The existing sanctuary (or
fellowship hall) currently has 186 seats, and the existing school has 72 students. In Phase
1, a 7,000 square -foot multi - purpose building will be constructed, and the number of
parking spaces will increase from 90 to 155 (expected completion is July 2000). In Phase
2, a two -story classroom building will be completed (12,100 square feet), and
approximately 2,000 square feet of the original structures will be removed (expected
completion is July 2002). In Phase 3, a 4,125 square -foot classroom building will be
constructed and 1,250 square feet will be added onto the multi - purpose building (expected
completion is February 2004). In Phase 4, a 9,000 square -foot sanctuary building with a
large circle drive will be completed, and approximately 2,611 square feet of the original
structures, and 5 parking spaces, will be removed (expected completion is December
2006).
Landscaping
There are a large number of trees on the site, and the applicant is proposing to preserve
90 of the 97 trees. Seven of the preserved trees will be relocated on site. The required
landscaping points for this project is 4,354, and the applicant is providing 5,464.
STAFF COMMENTS:
Building Division
No comments.
Engineering
No comments.
Seacoast Utility Authority
No comments.
3
Planning & Zoning Division
No comments.
Fire
No comments.
Police
No comments.
Parks & Recreation
No comments.
Legal
No comments.
PLANNING & ZONING COMMISSION WORKSHOP:
At its September 28, 1999 meeting, the Planning and Zoning Commission reviewed this
petition. The Commission only voiced concerns regarding some of site plan issues (see
discussion in SP -99 -02 staff report on this agenda).
STAFF RECOMMENDATION:
Staff recommends approval of petition CU -99 -01 with the following 2 conditions:
1. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Planning
and Zoning Commission and the City Council (including public hearings).
2. The total capacity for this site, throughout each of the four phases and at
completion, shall be limited to a maximum of 450 sanctuary seats and 150
parking spaces.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At its October 26, 1999 meeting, the Planning and Zoning Commission voted 6 - 0 to
recommend approval of petition CU -99 -01 with the conditions stated above.
CITY COUNCIL FIRST READING:
At its December 2, 1999 meeting, City Council heard this petition and made several
comments regarding the site plan petition (see report for SP -99 -02 on this agenda). City
Council also questioned the need for 450 seats.
g /short: cu9901.cc2.doc
ri
4
MEN
YSa ��EXISTINGZONING ND�LANDUSEDESIGNATIOIVS
� N%A
r& YS
S
EXISTING USE ZONING LAND USE
Subject Property
Residential — Med. Density
Residential - Medium
Church /School
(RM)
(RM)
North
Public /Institutional
Recreation — Open Space
Park
(P /I)
(ROS)
South
Residential — Low Density
Residential — Low
Single Family Residences
3
(RL)
(Plat 6)
(RL -3)
East
Residential — Med. Density
Residential — Medium
Plant Drive Duplexes
(RM)
(RM)
West
Public /Institutional
Public
Palm Beach Gardens
(P /I)
(P)
High School
F T CC)NSISTENCY
WITH THE CODE
Consistent
Code Requirement
Proposed Plan (at buildout)
Yes (conditionally)
RM
Church & School
Residential Medium
Density
Yes
Building Lot Coverage:
14.73 Percent
Maximum of 35 Percent
Yes
Minimum Parking: 113
150 spaces
(1 parking space per
(1 parking space per 3
4 seats in sanctuary)
seats in sanctuary)
Yes
Maximum Number Of
1 ground sign
Ground Signs: 1
Yes
Maximum Building Height:
< 36 feet
36 feet
Yes
Minimum Front Setback:
30 feet
30 feet
Yes
Minimum Side Setback:
10 feet
10 feet
Minimum Side Facing
27 feet
Yes
Street
Setback: 20 feet
Yes
Minimum Rear Setback:
96 feet
20 feet
Yes
Minimum Amount of Open
49.26 Percent
Space: 15 Percent
Ordinance 46, 1999
October 26, 1999
Ordinance 46, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A CONDITIONAL USE FOR THE
EXPANSION OF A CHURCH AND SCHOOL, INCLUDING
THE CONSTRUCTION OF MULTI - PURPOSE BUILDING
(8,250 SQUARE FEET), A FUTURE SANCTUARY WITH A
MAXIMUM OF 450 SEATS (9,000 SQUARE FEET), AND THE
EXPANSION OF THE EDUCATIONAL FACILITIES TO
ACCOMMODATE A MAXIMUM OF 240 STUDENTS (18,645
SQUARE FEET), TO BE LOCATED ON A 5 -ACRE SITE AT
THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT
DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Nativity Lutheran Church,
Inc., to approve a Conditional Use for the construction of a multi - purpose building (8,250
square feet), a future sanctuary with a maximum 450 seats (9,000 square feet), and the
expansion of the educational facilities to accommodate a maximum of 240 students
(18,645 square feet); and
WHEREAS, this approval is only for the Master Site Plan and Phase 1 of the
project, and all future phase site plan approvals will be required to be reviewed by the
Planning and Zoning Commission and the City Council (public hearing required); and
WHEREAS, the City's Growth Management Department has determined that
approval of said application is consistent with the City's Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the Planning and Zoning Commission recommended approval of
petition CU -99 -01 with 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, approves
a conditional use for the construction of a new fellowship hall (8,250 square feet), a future
sanctuary with 450 seats (9,000 square feet), and the expansion of the educational
7
Ordinance 46, 1999
October 26, 1999
facilities to be used by a maximum of 240 students (18,645 square feet).
Section 2. Said approval shall be consistent with plans filed with the City's Growth
Management Department as follows:
(1) October 15, 1999 Site Plan (SP1), Oliver • Glidden & Partners, 1 sheet total.
(2) September 20, 1999 Phase Site Plan (SPH), Oliver • Glidden & Partners,
1 sheet total.
Section 3. Said conditional use approval shall comply with the following conditions
which shall be applicable to the applicant, its successors, and assigns:
1. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Planning
and Zoning Commission and the City Council (including public hearings).
2. The total capacity for this site, throughout each of the four phases and at
completion, shall be limited to a maximum of 450 sanctuary seats, 240
students, and 150 parking spaces.
Section 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 2nd DAY OF DECEMBER 1999.
PLACED ON SECOND READING THIS 6" DAY OF JANUARY 2000.
PASSED AND ADOPTED THIS 6T" DAY OF JANUARY 2000.
i.1
Ordinance 46, 1999
October 26, 1999
SIGNED:
MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO
VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
ATTESTED BY: AND SUFFICIENCY:
LINDA V. KOSIER, CMC, CITY CLERK
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
glshort: cu9901.or.doc
ri
CITY ATTORNEY
AYE NAY ABSENT
9
PALM BEACH GARDENS POLICE DEPARTMENT
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: Nativity Lutheran Church & Preschool
REVIEWED BY: Officer E. Lovejoy
DATE: August 25, 1999
Problems /Concerns Needs /Suggestions Solutions
Lighting locations should Make sure lighting does not Good lighting serves as an
not conflict with conflict with. landscaping, excellent deterrent to
landscaping ( to include especially long term tree potential criminal activity.
long term tree canopy canopy growth. Will also provide visibility
growth). for officers patrolling the
area on the night shift.
Building lighting should be Provide adequate lighting
around perimeter of all sides around building and pedestrian
and on pedestrian walkways i walkways. Metal Halide
i surrounding the buildings. should be used in all parking
lot areas.
Lighting around loading Provide adequate lighting
area and dumpster areas not
indicated.
Purpose of drop off area not
I Provide information detailing
indicated.
the purpose of the drop off
area.
Unknown if circular drive is
Circular drive needs to be one
Will allow better traffic
one way.
way with signage stating same.
flow of vehicular traffic
I
entering and leaving the
property and prevent
potential traffic hazards.
Dumpster enclosure should
Dumpster enclosure should be
To help eliminate
not allow for easy
constructed as to allow natural
concealment of potential
concealment.
surveillance through the
offenders and allow
enclosure.
observation of them.
Stairways in second story
Stairways should be designed
To provide clear and
buildings should provide
in such a way that there are no
unobstructed view of all
open views.
concealment areas.
stairways, and eliminate
potential concealment for
would be offenders.
Building security device.
Buildings should be pre -wired
Alarms serve as an excellent
for alarm systems.
detection and deterrent to
forcible entry.
Details of commercial
Provide visible numbering
Visible numbering system
numbering system not
system which is easy to read
will assist emergency
indicated.
and not obstructed.
services and others to locate
the business in a timely and
efficient manner.
12
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Subject/Agenda Item
Public Hearing /Second Reading: Ordinance 48,1999 - Parcel 29.06 Voluntary Annexation
Recommendation /Motion:
Staff recommends approval of the voluntary annexation.
Reviewed by:
Originating Dept.:
Costs: $_0
Council Action:
Total
City Attorney
Planning & Zoning
[ ] Approved
Finance N/A
$ 0
[ ] Approved wlwnditions
VQ
Current FY
[ ] Denied
ACM
Human Res. N/A
Funding Source:
[ ] Continued to:
Advertised:
Other NIA
Date: 12/22/99
[ )Operating
Attachments:
12/30/99
[ ] Other N/A
Paper: PB Post
Ordinance 48, 1999
Location map
[ ] Not Required: until
County letter
Submitted by:
public hearing
Department Director
Affected parties
Budget Acct. #::
N/A
[ X ] Notified
Approved by:
[ ] Not required until
City Manager
public hearing
BACKGROUND:
At its December 16th meeting, the City Council approved Ordinance 48, 1999 on first
reading after little comment.
1
PROPOSAL:
Communities Finance Company (CFC), owner and agent, has requested the voluntary
annexation of a 3.21- acres generally 1/4 mile north of Florida Blvd. along Alternate A1A
(31-41S-43E).
ANALYSIS:
Staff finds that the property is eligible for annexation in that it is consistent with Chapter
171, F.S., which requires the subject area to be reasonably compact and contiguous to the
City boundaries. The proposed annexation would not create an enclave.
Staff has notified county planners about the proposed annexation and has received no
concerns (letter attached).
RECOMMENDATION:
Staff recommends approval of the requested voluntary annexation.
2
jJBJECT -SITE
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Department of Planning,
Zoning & Building
November 24, 1999
100 Australian Avenue
West Palm Beach, FL 33406
(561) 233 -5000
Ms. Kim Glas
Principal Planner, Palm Beach Gardens
www.co.palm- beach.fl.us
10500 N. Military Trail
Palm Beach Gardens, FL 33410
a
RE: Proposed voluntary annexation of the Communities Finance
Palm Beach County
Company property into the City of Palm Beach Gardens
Board of County
Commissioners
Dear Ms. Glas:
Maude Ford Lee. Chair
Warren H. Newell, Vice Chairman
This letter is in response to the proposed voluntary annexation of a parcel
of land known as the Communities Finance Company property. On
Karen T. Marcus
behalf of Palm Beach County, the Planning Division has completed its
Carol A. Roberts
review pursuant to our Annexation Policy.
Mary McCarty
Burt Aaronson
The following comments were made by the departments /agencies
reviewing the annexation:
Tony Masilotti
• Palm Beach County - Planning Division:
The parcel is contiguous to the boundaries of the Palm Beach
County Administrator
Gardens. The annexation of this property does not create pockets,
Robert Weisman
enclaves or fingers in a serpentine manner and is therefore
reasonably compact, meeting the requirements of Florida Statutes,
Chapter 171.
• Palm Beach County Sheriffs Office: Requests that all annexations
include the adjacent roadways, with the annexing municipality
assuming traffic investigations and enforcement functions forthese
roadways.
'An Equal Opportunity
City of Palm Beach Gardens Annexation Response Letter
Affirmative Action Employer-
45a 5
printod on recycled paper
ACH
O
2
\LORI
Palm Beach County Fire /Rescue: Fire Station #16 presently serves
this property. This station is 1/4 mile from the subject property. Due
to an automatic aid agreement between Palm Beach County Fire
Rescue and the Palm Beach Gardens Fire Department, if annexed
citizens would continue to receive service from the same station.
Palm Beach County Engineering Department:
The County's right to maintain the sections of Cabana Colony canal
running north /south and east/westthrough the area to be annexed
needs to be preserved.
Thank you for the opportunity to review and respond to the proposed
annexation. Please be advised that the comments represent staff review
and not the position of the Board of County Commissioners. If you have any
further questions regarding this annexation, oranyfuture annexation, please
contact me at (561) 233 -5300. It would be helpful if you would forward a
copy of the adopted annexation ordinance to me at your earliest
convenience. Please include the correct address of the property to be
annexed in the ordinance.
Sincerely,
Ric and F. Morley
Principal Planner
P.C.: The Honorable Karen T. Marcus. District 1 Commissioner
Verdenia Baker, Assistant County Administrator
Dominic Sims, Executive Director, PZ &B
Frank Duke, Planning Director
Janice Alger, Sheriffs Office, Bureau of Planning & Research
Robert P. Banks, County Attorneys Office
Nancy Difede, Engineering Department
Don Grund, Parks and Recreation Department
Ross Hering, PREM
Bob Kraus, ERM
Beth McCall, Zoning Division
Lawton McCall, Water Utilities Department
Jill Gregory, Fire - Rescue Department
Michael Owens, Planning Division
City of Palm Beach Gardens Annexation Response Letter
IJ
November 29, 1999
ORDINANCE 48, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR VOLUNTARY ANNEXATION TO THE CITY OF AN
AREA OF 3.21 ACRES OF REAL PROPERTY KNOWN AS
"PARCEL 29.06" AND MORE PARTICULARLY
IDENTIFIED BY A MAP AND LEGAL DESCRIPTION
INCORPORATED HEREIN; PROVIDING FOR REVISION
OF SECTION 2 -1 OF THE CITY CHARTER, ENTITLED
"BOUNDARIES ", IN ORDER TO INCLUDE SUCH AREA;
PROVIDING FOR CONTINUITY OF EXISTING PALM
BEACH COUNTY LAND USE REGULATIONS FOR SUCH
AREA PENDING REVISION OF THE CITY
COMPREHENSIVE PLAN AND ADOPTION OF
REZONING FOR SUCH AREA; PROVIDING FOR
CODIFICATION AND DISTRIBUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has received a petition from Communities Finance
Corporation requesting the City to annex an area of approximately 3.21 acres of real
property known as "Parcel 29.06," that is owned by petitioner and presently
unincorporated territory within Palm Beach County; and
WHEREAS, the area to be annexed is contiguous to the City and is reasonably
compact; and
WHEREAS, the annexation of the area will not result in the creation of any
enclave; and
WHEREAS, the publication required by law of notice of the proposed annexation
has been accomplished, such notice including both a map and a general description of
the area to be annexed.
7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The area of unincorporated territory within Palm Beach County that
is known as "Parcel 29.06" and that is more particularly identified by the map labeled
Exhibit "A" and by the legal description labeled Exhibit "B ", which are both attached to
and incorporated as parts of this ordinance, shall be and hereby is annexed into the City
of Palm Beach Gardens.
Section 2. Section 2 -1 of the Charter of the City of Palm Beach Gardens shall
be and hereby is revised, pursuant to section 171.091, Fla. Stat., to include the area
annexed by this ordinance.
Section 3. The land use regulations of Palm Beach County shall remain in
effect for the area annexed by this ordinance, pending amendment of the City
Comprehensive Plan and adoption of rezoning for such area.
Section 4. The City Clerk is hereby directed to ensure that:
(1) The revision to section 2 -1 of the City Charter, which is adopted by
this ordinance, is codified;
(2) A copy of the revision to the City Charter adopted by this ordinance
is filed with the Florida Department of State within thirty (30) days after the
adoption of this ordinance; and
(3) A copy of this ordinance is filed with the clerk of the circuit court for
Palm Beach County, the County Administrator for Palm Beach County, and the
Florida Department of State, all within seven (7) days after the adoption of this
ordinance.
8
Section 5. This ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16th DAY OF December
1999.
PLACED ON SECOND READING THIS DAY OF , 2000.
PASSED AND ADOPTED THIS DAY OF , 2000.
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
CARL SABATELLO, COUNCIL MEMBER
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
ERIC JABLIN, COUNCIL MEMBER
DAVID CLARK, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER JABLIN
COUNCIL MEMBER CLARK
COUNCIL MEMBER SABATELLO
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Exhibit ", :P"
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT "D ", TOGETHER WITH LOT 1, BLOCK 28, THE NORTH 115 FEET OF TRACT "C ",
AND THE SOUTH 45 FEET OF THE NORTH 160 FEET OF THE EAST 215 FEET OF TRACT
"C ", ALL IN PLAT NO. 2 PALM BEACH CABANA COLONY, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 26, PAGE 238, TOGETHER
WITH THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING AT THE NORTHEAST CORNER OF TRACT "C ", THENCE RUN SOUTHERLY ALONG
THE EAST LINE OF TRACT "C" FOR A DISTANCE OF 310 FEET TO A POINT; THENCE
RUN WESTERLY PARALLEL TO THE NORTH LINE OF SAID TRACT "C" FOR A DISTANCE OF
90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE ALONG THE SAME COURSE FOR A DISTANCE OF 20 FEET; THENCE RUN
NORTHERLY PARALLEL TO THE EAST LINE OF TRACT "C" FOR A DISTANCE OF 20 FEET;
THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE OF TRACT "C" FOR A DISTANCE
OF 20 FEET; THENCE RUN SOUTHERLY PARALLEL TO THE EAST LINE OF TRACT "C" FOR
A DISTANCE OF 20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL.
ALL OF THE ABOVE BEING IN TRACT "C" OF PLAT NO. 2 PALM BEACH CABANA COLONY,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK
26, PAGE 238.
CONTAINING 139,744 SQUARE FEET OR 3.208 ACRES MORE OR LESS.
11
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Subject/Agenda Item:
Public Hearing / Consideration of 2nd Reading: Ordinance 49, 1999
Small -Scale Land Use Change for Parcel 29.06
Recommendation /Motion:
Staff recommends approval of Ordinance 49, 1999.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attorney
Planning & Zoning
[ ] Approved
Divisi
ACM
$ 0
[ ] Approved w/ conditions
Current FY
Other N/A
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date: 12/22/99
[ ] Operating
Paper: PBPost
[ ] Other N/A
Ordinance 49, 1999
[ ] Not Required
Location Map
Submitted by:
Gro gt. Director
Affected parties
[ X ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ] Not required
until public hearing
BACKGROUND:
At its December 16th meeting, the City Council approved Ordinance 49, 1999 on first
reading with little comment.
PROPOSAL:
Communities Finance Company (CFC), owner and agent, has requested a land use
amendment for a 3.21 acre site to change the land use from Palm Beach County MR5 (5
du /ac) to Palm Beach Gardens RL (4 du /ac). The site is located approximately 1/4 mile
1
north of Florida Blvd. along Alternate A1A (31- 41S -43E).
Existing Land Use: Maximum Allowed
The existing land use is Palm Beach County MR5 (medium density residential). The
maximum development allowed under this land use designation is 5 dwelling units per
acre.
Proposed Land Use: Maximum Allowed
The proposed land use designation is Palm Beach Gardens RL (low density residential).
The maximum development allowed under this land use designation is 4 dwelling units per
acre (up to 5 du /ac with a PUD density bonus.)
Surrounding Land Uses
East Cabana Colony MR5
West Cabana Colony MR5
ANALYSIS:
The proposed city land use designation is comparable to the current county land use
designation. The maximum densities or intensities of the land use categories are similar
and no additional impacts are foreseen.
Staff has notified the Intergovernmental Plan Amendment Review Committee (IPARC)
about the proposed land use amendment. The proposed amendment has received no
objection through this forum.
2
RECOMMENDATION
Staff recommends approval of the requested land use amendment (a change from county
MR5 to city RL). The Local Planning Agency unanimously recommended approval of the
petition at its November 23rd public hearing.
3
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THE GARDENS
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Rimed: May 26. 1998 N
nT 500 0 500 1000 Feel
November 29, 1999
ORDINANCE 49, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN BY
CHANGING THE LAND USE DESIGNATION ON 3.21 ACRES
OF LAND LOCATED APPROXIMATELY 1/4 MILE NORTH OF
FLORIDA BOULEVARD ALONG ALTERNATE A1A MORE
PARTICULARLY DESCRIBED HEREIN FROM PALM BEACH
COUNTY MEDIUM RESIDENTIAL (MR5) TO CITY OF PALM
BEACH GARDENS RESIDENTIAL LOW (RL); PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from
Communties Finance Company to amend the land use designation of 3.21 acres of
land located along Alternate A1A approximately 1/4 mile north of Florida Boulevard in
the Cabana Colony subdivision, as more particularly described in Exhibit "A" attached
hereto, from Palm Beach County Medium Residential (MR5) to City of Palm Beach
Gardens Residential Low (RL); and
WHEREAS, the Growth Management Department (the "Department ") has
reviewed said application and determined that it is sufficient; and
WHEREAS, the land use amendment is internally consistent with the City's
Comprehensive Plan; and
WHEREAS, the land use amendment is consistent with Section 163.3187(1)(c),
F.S. as it pertains to small scale amendments; and
WHEREAS, the Planning and Zoning Commission, the duly constituted land
planning agency for the City, has recommended the land use amendment to the City's
Comprehensive Plan; and
WHEREAS, the City Council acknowledges that this land use amendment is
subject to the provisions of Section 163.3187(3)(c), F.S., and that the City shall
maintain compliance with all provisions thereof;
7
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use and Transportation Map Series of the
City's Comprehensive Plan is hereby amended to change the land use designation on
3.21 acres of land located % mile north of Florida Boulevard, along Alternate A1A,
more specifically described in Exhibit "A" attached hereto and incorporated herein by
this reference, from Palm Beach County Medium Residential (MR5) to City of Palm
Beach Gardens Residential Low (RL).
SECTION 2. The City's Growth Management Director is hereby directed
to ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and, together with the City Clerk, to ensure
that this ordinance is codified as part of the City's Comprehensive Plan.
SECTION 3. Consistent with Section 163.3187(3)(c), F.S., this
Ordinance shall become effective 31 days after adoption.
PLACED ON FIRST READING THIS 16th DAY OF December , 1999.
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
JOSEPH RUSSO, MAYOR
VICE MAYOR LAUREN FURTADO
COUNCILMAN CARL SABATELLO
8
2000.
2000.
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
Imp"tWu
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
LINDA V. KOSIER, CITY CLERK CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
9
Exhibit "A"
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT "D ", TOGETHER WITH LOT 1, BLOCK 28, THE NOR
AND THE SOUTH 45 FEET OF THE NORTH 160 FEET OF THE
"C ", ALL IN PLAT NO. 2 PALM BEACH CABANA COLONY,
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE
PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK
WITH THE FOLLOWING DESCRIBED PARCEL OF LAND:
TH 115 FEET OF TRACT "C ",
EAST 215 FEET OF TRACT
ACCORDING TO THE PLAT
CIRCUIT COURT IN AND FOR
26, PAGE 238, TOGETHER
COMMENCING AT THE NORTHEAST CORNER OF TRACT "C ", THENCE RUN SOUTHERLY ALONG
THE EAST LINE OF TRACT "C" FOR A DISTANCE OF 310 FEET TO A POINT; THENCE
RUN WESTERLY PARALLEL TO THE NORTH LINE OF SAID TRACT "C" FOR A DISTANCE OF
90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE ALONG THE SAME COURSE FOR A DISTANCE OF 20 FEET; THENCE RUN
NORTHERLY PARALLEL TO THE EAST LINE OF TRACT "C" FOR A DISTANCE OF 20 FEET;
THENCE RUN EASTERLY PARALLEL TO THE NORTH LINE OF TRACT "C" FOR A DISTANCE
OF 20 FEET; THENCE RUN SOUTHERLY PARALLEL TO THE EAST LINE OF TRACT "C" FOR
A DISTANCE OF 20 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL.
ALL OF THE ABOVE BEING IN TRACT "C" OF PLAT NO. 2 PALM BEACH
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE
CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED
26, PAGE 238.
CONTAINING 139,744 SQUARE FEET OR 3.208 ACRES MORE OR LESS.
10
CABANA COLONY,
CLERK OF THE
IN PLAT BOOK
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 17, 1999
Meeting Date: January 6, 1999
Subject /Agenda Item:
Public Hearing /Second Reading of Ordinance 51, 1999: Petition MISC -99 -35 - Christ Fellowship
South Conditional Use Amendment, a request by Dave Gregg, agent for Palm Beach Gardens Christ
Fellowship, Inc. to consider a petition for conditional use for the existing Christ Fellowship religious
facility to allow for an amendment to Condition # 1 of Ordinance 34, 1999 to extend the date certain
associated with the condition of Ordinance 34, 1999 from January 2, 2000 to April 1, 2000 and to
grant an additional 30 days after April 1, 2000 to complete all other site improvements.
Recommendation/Motion:
Staff recommends that the City Council approve Ordinance 51, 1999.
Reviewed bC/161� :
Originating Dept.:
Costs: $ 0
Council Action:
City Attorn
Growth Management
Total
[ ] Approved
Finance N/A
$ 0
[ ] Approved w/
ACM
Current FY
conditions
[ ] Denied
Human Res. N/A
Advertised:
Funding Source:
[ ]Continued to:
Other N/A
Date:
[ ] Operating
Attachments:
Paper: Palm Beach Post
[ ) Other N/A
Dec. 15, 1999 memo from
[ ] Not Required
Dave Gregg
Ordinance 51, 1999
Submi y
Growt�eir.
Affected parties
[ ] Notified
Budget Acct.#:
Ordinance 34, 1999
[ ] None
Approved 4. —
City Manager
[ ] Not required
BACKGROUND:
The Christ Fellowship Church is located on a 5.43 -acre parcel on the south side of Northlake
Boulevard, west of Military Trail. The site is zoned RL -1 (Residential Low Density -1). The subject
property was rezoned on December 20, 1990 by Ordinance 30, 1990, from Palm Beach County
1
zoning designation of AR (Agricultural Residential) with a special exception allowing expansion
of Commercial Horse stables to the City's zoning classification of RS -1 Single Family Residential
District with a conditional use for a church and an accessory use of a preschool. On February 7,
1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship
Church, was approved by the City Council.
On January 2, 1997, the City Council granted a temporary conditional use approval for the placement
of three modular units at the site with an expiration date of July 2, 1998. In April of 1997 the
petitioner requested additional modular units. This request has since been withdrawn. However,
in reviewing this request, the City eventually became aware that the use of this property had greatly
exceeded the scope of the church's original approval. After analysis of the situation and discussions
with the church, the City indicated that the violation of the original Development Order had to be
resolved either through Code Enforcement action or through an amendment to the original
conditional use and site plan approvals which would provide "retroactive" approval of the existing
conditions. The amendments were approved through Ordinance 34, 1999 and Resolution 86, 1999
on September 16,1999 and on November 4, 1999, respectively.
Ordinance 34, 1999 and Resolution 86, 1999 contained several dates and timeframes relating to
the completion of certain site improvements. Due to several factors discussed below, the
petitioner needs to revise these dates.
0)
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS
EXISTING USE
ZONING
LAND USE
Subject Property
Residential Low Density -1
Residential Low
Church
Conditional Use
(RL)
13.8%
(RL -1)
Parking 200 Spaces
North
Planned Development Area
Residential Low
Vacant
(P.A.)
(RL)
South
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
East
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
West
Residential Low Density -1
Residential Low
Church
(RL -1)
(RL)
CONSISTENCY WITH THE CODE Phase 1
Consistent
Code Requirement
Proposed Plan
Yes
Residential Low Density —1
Conditional Use
Church
Yes
Lot Coverage (35 %)
13.8%
Yes
Parking 200 Spaces
201 spaces
Yes
Front Setback: 35'
250'
Yes
Side Setback: 38'
38'
Yes
Rear Setback: 25'
80' (30 feet to the top of the
bank)
Yes
Building Height: 36'
Max. 35'
Yes
Open Space (35 %)
35% not including the grass
parking
3
A. Procedure
This request has been classified as a Miscellaneous petition since the development review
processes outlined in Section 118 are not applicable. The changes are greater than can be
approved administratively and less than what would be considered as a major amendment to the
conditional use. The City Council has the authority to approve the request, approve with
conditions, or deny the request.
It should be noted that a new resolution to amend the time frames associated with Resolution 86,
1999 will be brought to City Council simultaneously with the Public Hearing for this revised
ordinance.
B. Project Details
The petitioner is proposing an amendment to Condition # 1 of Ordinance 34, 1999. Condition # 1
states:
" Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for
Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20,
1997 as amended) or by January 2, 2000, whichever occurs first, the minimum parking
requirement on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary.
At that time, one hundred and ninety -two of the seats in the sanctuary shall be permanently
removed, leaving a permanent occupancy of no more than 576 seats, and an affidavit shall
be submitted to the City by the petitioner affirming that the seating has been reduced to 576
or less."
The amendment is to extend the date certain associated with Condition # 1 of Ordinance 34,
1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days after April 1,
2000 to complete all other site improvements.
The petitioner has stated in the application that the request is necessary due to the fact that the
sanctuary on the north site is about 90 days behind schedule and will not be ready to receive a
Certificate of Occupancy until April 1, 2000. The following reasons have been given by the
applicant for the delay in completion of Christ Fellowship's north site sanctuary:
• Two hurricanes that have delayed site work, parking lot and landscaping.
• Excessive amounts of rain days apart from the hurricanes in 1999.
• Redesigned air conditioning system by a designlbuild contractor.
The applicant has submitted a memorandum dated December 15, 1999 with more detail about the
circumstances which have led to the construction delays for the north campus. The City's
Building Department has reviewed this memo. They feel that the reasons cited are legitimate in
light of current South Florida construction circumstances.
C. Issues:
It should be noted that the Christ Fellowship north site has received a partial Certificate of
Occupancy for the Youth Ministry and the Children Education Buildings. The sanctuary will be
the last building to be completed.
D. City Council First Reading:
On December 16, 1999, City Council reviewed this petition as a first reading. In general, the
Council was not opposed to the date extension. They were quite concerned, however, about the
traffic situation on Northlake Boulevard, especially during Saturday night services. There were
safety concerns due to the use of shuttle buses between the two campuses.
In response, the petitioner met with the Assistant City Manager, the Growth Management
Director, and the Assistant Police Chief to review the current traffic control plan for this project.
The Assistant Police Chief has reviewed the entire traffic control operation for both Christ
Fellowship campuses, including the shuttle bus system. The Assistant Police Chief will provide
a report on this situation at this Council meeting.
RECOMMENDATION:
Staff recommends approval of MISC- 99 -35.
g/short:misc9935.cc2.doc
/jn
5
ORDINANCE 51, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
ORDINANCE 34,1999 TO ALLOW FOR AN EXTENSION OF
A DATE CERTAIN CONDITION OF APPROVAL RELATING
TO THE CALCULATION OF PARKING REQUIREMENTS
FROM JANUARY 2, 2000 TO APRIL 1, 2000 AND TO GRANT
AN ADDITIONAL 30 DAYS AFTER APRIL 1, 2000 TO
COMPLETE ALL OTHER SITE IMPROVEMENTS AT THE
SITE KNOWN AS "CHRIST FELLOWSHIP" WHICH IS
GENERALLY LOCATED ON THE SOUTH SIDE OF
NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Ordinance 34, 1999 to allow for an extension of the date certain of condition of approval # 1
(relating to the calculation of parking requirements) from January 2, 1999 to April 1, 2000 and to
grant an additional 30 days after April 1, 2000 to complete all other site improvements; and
WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990; and
WHEREAS, Christ Fellowship's conditional use was expanded and amended by Ordinance
34, 1999, and
WHEREAS, the City's Growth Management Department has determined that approval of
the requested amendment to Ordinance 34, 1999 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
Christ Fellowship Inc's request for an extension of time and amends condition of approval # 1 as set
forth in section 4 of Ordinance 34, 1999 to read as follows:
1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for
Christ Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997
as amended) or by ram „gin, 2 May 1, 2000, whichever occurs first, the minimum parking requirement
on this site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one
hundred and ninety -two of the seats in the sanctuary shall be permanently removed, leaving a
permanent occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by
the petitioner affirming that the seating has been reduced to 576 or less.
6
SECTION 2. Said approval shall be consistent with documents on file with the City's
Growth Management Department as follows:
1. Development Application stamped November 10, 1999.
SECTION 3. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16`h DAY OF DECEMBER 1999
PLACED ON SECOND READING THIS 6`h DAY OFJANUARY 2000
INTRODUCED, PASSED, AND ADOPTED THIS 6"' DAY OF JANUARY 2000
JOSEPH RUSSO, MAYOR
COUNCILMAN ERIC JABLIN
COUNCILMAN CARL SABATELLO
LAUREN FURTADO, VICE MAYOR
COUNCILMAN DAVID CLARK
ATTESTED BY: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER ,CMC, CITY CLERK SUFFICIENCY.
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
CITY ATTORNEY
AYE NAY ABSENT
7
June 24, 1999
June 30, 1999
July 2, 1999
August 27, 1999
ORDINANCE.34, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
ORDINANCE 30, 1990 WHICH APPROVED A
CONDITIONAL USE, TO ALLOW AN INCREASE IN THE
MAXIMUM OCCUPANCY AT THE SITE KNOWN AS
"CHRIST FELLOWSHIP" WHICH IS GENERALLY
LOCATED ON THE' SOUTH SIDE OF NORTHLAKE
BOULEVARD WEST OF MILITARY TRAIL, AND TO
AMEND THE APPROVED USE OF THE RESIDENCE
BUILDING TO A YOUTH CENTER; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Ordinance 30, 1990 to allow an expansion of the conditional use and a change in use for the
residence to a youth center for a property more particularly described in Exhibit "A" (attached), and
WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990, and
WHEREAS, Christ Fellowship's site plan was approved by Resolution 13, 1991, and
WHEREAS, Christ Fellowship's temporary modular units were approved by Resolution 4,
1997, and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan and Land Development
Regulations, and
WHEREAS, the City's Planning and Zoning Commission has recommended approval of
this request, with 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, approves an
8
1
amendment to Ordinance 30, 1990 to amend the conditional use to allow a temporary increase in the
maximum occupancy to 768 seats. This amendment shall be valid only until the issuance of the
Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of
Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1, 2000,
whichever occurs first.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, approves an
amendment to Ordinance 30, 1990 to amend the conditional use to allow a permanent increase in
the maximum occupancy to 576 seats. This expansion shall become effective immediately after the
issuance of the Certificate of Occupancy for the sanctuary for Christ Fellowship's new campus on
the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on
January 2, 2000, whichever occurs first.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida approves an
amendment to Ordinance 30, 1990 to amend the approved use of the residence to a youth center.This
amendment shall take effect immediately upon adoption.
SECTION 4. Said approval shall be subject to the following conditions, which shall be the
responsibility of the applicant, its successors and/or assigns:
1. Immediately upon the issuance of the Certificate of Occupancy for the new sanctuary for Christ
Fellowship on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as
amended) or by January 2, 2000, whichever occurs first, the minimum parking requirement on this
site shall be calculated at a rate of 1 space per 3 seats in the sanctuary. At that time, one hundred
and ninety -two of the seats in the sanctuary shall be permanently removed, leaving a permanent
occupancy of no more than 576 seats, and an affidavit shall be submitted to the City by the petitioner
miming that the seating has been reduced to 576 or less. (Development Compliance Officer)
2. Simultaneous broadcasts of presentations, programs or sermons conducted at any remote location
-to this site shall be prohibited. (Code Enforcement)
3. When determined to be necessary by the City of Palm Beach Gardens Police Department, the
petitioner or successor shall utilize police or equally trained officials in numbers determined by the
Police Department at all ingress and egress points along Northlake Boulevard for the management
of traffic flow and direction before and after events.(Code Enforcement, Police Department)
SECTION 5. Said approval shall be consistent with plans and documents on file with the
City's Growth Management Department as follows:
1. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0
2. August 5, 1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0
SECTION 6. This Ordinance shall be effective upon adoption.
0
PLACED ON FIRST READING THIS 45 DAY OF _1999
PLACED ON SECOND READING THIS /4o lAY O _ � -",er 1999
INTRODUC SSPD,YD ADOPTED THIS / DAY OF ��i4 -, 1999
///,/, 'I', i < �
S§6',MAYOR
CO
SABATELLO
LA REN FURTADO, VICE MAYOR
1CCOUNCILMAN DAVID CLARK
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER ,CMC, CITY CLERK rSUFFICIENCY.
CITY ATTORNEY
BY•
VOTE: AYE NAY ABSENT
MAYOR RUSSO --
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
g/short: sp9703.or.doc
rn &j(
10
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DATE: December 15, 1999
a oreAtit
DEC 15 ".ft'
zw
TO: Jim Norquest — Principle Planner — Palm Beach Gardens Growth Management
FROM: Dave Gregg — Director of Operations — PBG Christ Fellowship Church
In March of 1999, Christ Fellowship Church hired Webb Builders as the Construction
Manager for the North Campus. Our main objective has been to complete the entire
project as expeditiously as possible. We have worked diligently towards the
achievement of this objective. However, with a project of this magnitude, delays are
inevitable. The following items listed are unprecedented events, which caused
hardship and delays in scheduling and management of this project:
1. Two major hurricane events within three weeks of each other, occurring at a very
vulnerable phase of construction. After preparation for each storm, we had to
repair and replace damage to the buildings, site work and landscaping.
2. In addition to the delays resulting from the hurricane preparation and damage,
the site was not operating at 100% storm drainage capacity. This resulted in the
site retaining more storm water than designed and caused additional delays to the
site work, landscaping and parking lot construction. This, combined with the fact
that we experienced higher than average rainfall totals during the 1999 calendar
year, resulted in approximately 30 days of delays caused by weather.
3. Due to mechanical subcontractor bids coming in over budget, we found it
necessary to redesign the air conditioning system from the original plans and
specifications to a design -build concept. This necessary change resulted in a 30-
day delay in scheduling a major subcontractor to commence work. _
4. A national and local shortage of drywall material resulted in at least a two -week
delay due to the unavailability of drywall materials.
5. The event which has caused the greatest amount of delay, is an unprecedented
South Florida building boom, which resulted in a severe shortage of qualified
labor and a shortage of building materials. This shortage of labor encompasses
all phases of construction and results in constant and continuous delays, which
are difficult to measure. However, I would estimate the shortage of labor and
materials have caused this project approximately 20 days of delay.
Memorandum To Jim Norquest
Page Two
6. Elevation modifications to the buildings were applied for on March 31, 1999. After
going through the city council progress, it was approved on June 3, 1999.
During the course of this two -month period, construction of the exterior walls had
to be stopped until counsel approval was received. This represented another two -
month delay in the project.
In closing, we realize delays in construction projects are expected; however the
above listed events are not typical and resulted in delays beyond otir control. The
combination of all of these events resulted in this project suffering approximately 90
days of delay in completion of construction. Despite these delays, this project has
continued to progress and is now in the final stages of construction.
13
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 6, 2000
Date Prepared: December 29, 1999
Subject/Agenda Item
Second Reading /Public Hearing: Ordinance 52, 1999 — PGA Concourse Center.
Proposal to rezone 2.95 acres from Neighborhood Commercial (CN) to Planned
Unit Development (PUD).
Recommendation /Motion:
Staff recommends the continuance of Ordinance 52, 1999 to January 20, 2000.
Reviewed by:
City Attorney
Finance NA
ACM W
Human Res. NA
Other NA
Submitted by:
Growth Management
Director
Approved by:
City Manager
Originating Dept.:
Growth
Management
\11^i
Advertised:
Date: 12/22/99
Paper: The Palm
Beach Post
[ ] Not Required
Costs: $
Total
Current FY
Funding Source:
[ ] Operating
[ ] Other
Affected parties I Budget Acct. #::
[ X ] Notified
( ] Not required
Council Action:
[ ] Approved
( ] Approved wi
conditions
[ ] Denied
[ ] Continued to:
Attachments:
• Ordinance 52, 1999
• Chart of Permitted
Uses
• Section 118 -613 -
Nonconforming Uses of
Land
•Aerial Photograph
• Site Plan
[ ] None
City Council January 6, 2000
REQUEST:
City Staff is requesting a rezoning to planned unit development for the PGA Concourse
Center located on the south side of PGA Boulevard, just east of Ballenlsles Drive. The
proposed rezoning would change the zoning of the site from Commercial Neighborhood
— CN to Planned Unit Development — PUD, and it would specify what uses are
permitted by right on the site. The proposed uses for the site are all those uses
permitted in CN zoning, plus offices for professional businesses, dentists, and medical
personnel. (11- 42S -42E)
BACKGROUND:
The PGA Concourse Center received approval in 1984 from the Site Plan and
Appearance Review Committee, for 34,500 square feet of Commercial Neighborhood
(CN) use. At that time, CN zoned sites could have professional business offices by
right, but they could not have dental or medical offices. Since 1984 the zoning code for
the City has changed and evolved. After the 1994 code amendments, no types of
offices were permitted on sites with CN zoning.
Since the opening of the PGA Concourse Center in 1985, the site has been mostly
occupied by offices (both professional business offices and dental /medical offices).
Currently there are 27 businesses in the PGA Concourse Center; 24 of these
businesses are offices (9 business and professional offices, and 15 dental or medical
offices).
REVIEW PROCESS:
This is a request for re- zoning and PUD approval. The PUD request is reviewed by the
Development Review Committee, which forwards comments and recommendations to
the Planning and Zoning Commission. After review of the proposed PUD at a workshop
meeting, the Planning and Zoning Commission shall schedule a public hearing for which
the applicant shall provide proper notice to surrounding property owners. At this
meeting, the Planning and Zoning Commission shall prepare a record of the
proceedings and transmit them to the City Council, along with their recommendation. A
First Reading is held, then the City Council shall hold a public hearing after giving due
public notice. The City Council reviews the request for PUD approval for consideration
of approval, approval with conditions, or denial.
LAND USE AND ZONING:
The subject site is zoned Neighborhood Commercial (CN), has a future land use
designation of Commercial (C), and is shown as Commercial (C) on the vision plan.
Staff wishes to rezone the site to PUD, and permit all the permitted uses (see attached)
to be conducted on the site, with the addition of the following uses:
2
City Council
1. Office, professional and business
2. Office, dental or medical
January 6, 2000
The conditional uses listed are not excluded from the site, but must be approved by the
City Council after review by the Planning and Zoning Commission. Public hearings are
required for a conditional use petition at both the Planning and Zoning Commission level
and at City Council. For a complete listing of adjacent uses, land use designations and
zoning districts, see Table 1
PROJECT DETAILS:
Parking
The PGA Concourse Center is 34,500 square feet in size. If the site were completely
occupied by dental /medical offices, the parking required would be 138 spaces (1 space
per 250 square feet for dental /medical offices totaling more than 20,000 square feet).
There are 185 parking spaces provided on the site, therefore the amount of parking on
site meets code. Even if the required parking was done at 1 space per 200 square feet,
which would be the case if the level of dental /medical office fell below 20,000 square
feet (173 spaces required), the parking on site would still meet code.
Non - conforming Status
The dental /medical offices were never permitted by code, so their occupational licenses
were issued in error and they have no non - conforming status. That is not to say,
however, that the City may not be exposed to some liability for funds that may have
been expended in reliance on our occupational licenses.
The professional /business office situation is somewhat murkier. Those
professional /business offices permitted before August 14, 1994 have legal non-
conforming status as long as there was no break in continuous tenancy of over 6
months. Those permitted after August 18, 1994 have no legal non - conforming status.
Again, however, they have probably been relying on the City's approvals.
According to section 118 -615, Nonconforming Uses of Structures and /or Premises (see
attached), legal non - conforming uses may continue until August 18, 2001, subject to
certain conditions. After that, they presumably must be eliminated.
DEPARTMENTAL COMMENTS:
Building Division
No comments.
Engineerinq
No comments.
W
City Council
Seacoast Utility Authority
No comments.
Northern Palm Beach County Improvement District
No comments.
Planning & Zoning Division
See section "F. Recommendation ".
Fire
No comments.
Police
No comments.
Parks & Recreation
No comments.
Legal
No comments.
PLANNING & ZONING COMMISSION:
January 6, 2000
October 26, 1999
The Planning and Zoning Commission reviewed this petition on October 26, 1999 and
voiced no major concerns over this petition. Based upon questions raised by the
Planning and Zoning Commission at that meeting, Staff has limited this PUD approval to
uses already permitted by right in the CN zone, except for the professional business
office and dental /medical office uses.
November 23, 1999
The Planning and Zoning Commission heard this petition as a public hearing at their
November 23, 1999 meeting. The Commission voted 6 — 0 to recommend approval of
petition PUD- 99 -13, per Staff's recommendation (see below).
CITY COUNCIL:
December 16, 1999
City Council reviewed this petition on December 16, 1999; no major concerns were
raised by Council regarding this petition.
4
City Council January 6, 2000
RECOMMENDATION:
There are three options available:
1. Require all existing offices (both professional business and
dental /medical) to vacate the site (professional business offices could
remain until August 18, 2001).
2. Require owners of the site to submit a complete petition (including fees,
site plans, landscape plans, photometrics, elevations, etc.) to rezone the
site to a PUD (any development petition along PGA Boulevard must be
done as either a PUD or a PCD), and show that the site meets ALL of the
current code requirements.
3. Have the City rezone the site to PUD, and list the permitted uses as those
that are permitted in CN, plus professional business offices, and
dental /medical offices.
Staff recommends that the third option be used, because it will "clean -up" the zoning
and permitted use problem that now exists on the site, without putting an undue burden
on the property owners and tenants. This option will allow uses that are already
permitted on the site (see attached chart of permitted uses), as well as the two
uses that already dominate the site (professional business offices and
dental /medical offices). Conditional uses are not disallowed on this site, but they will
have to be approved by City Council prior to being issued an occupational license (as
discussed in section "A. Land Use and Zoning ").
5
City Council January 6, 2000
EXISTING USE ZONING` ' " .. LAND,. USE
Subject Property Commercial Commercial
Neighborhood (CN) (C)
PGA Concourse Center
North
Planned Development
Residential — Medium
Area
Density
Undeveloped Land
(PDA)
(RM)
South
Residential — High
Residential - High
Density
Density
Longwood
(RH)
(RH)
West
Commercial
Commercial
Neighborhood (CN)
(C)
Undeveloped Land
East
Commercial
Commercial
Neighborhood (CN)
(C)
Nations Bank
(fka: JDM Barnett Bank)
g /short: pud9913.cc3.doc
/j1
6
November 24, 1999
ORDINANCE 52, 1999
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS,
FLORIDA, APPROVING AN APPLICATION BY
CITY STAFF FOR REZONING OF 2.95 -ACRES
OF LAND, LOCATED ON THE SOUTH SIDE
OF PGA BOULEVARD JUST EAST OF
BALLENISLES DRIVE AND MORE
PARTICULARLY DESCRIBED HEREIN, TO A
PLANNED UNIT DEVELOPMENT (PUD) —
COMMERCIAL, AND APPROVING THE USES
PERMITTED IN THE NEIGHBORHOOD
COMMERCIAL (CN) ZONING DISTRICT, IN
ADDITION TO THE USES OF "OFFICE,
PROFESSIONAL AND BUSINESS" AND
"OFFICE, DENTAL OR MEDICAL "; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has initiated an
application for approval for rezoning of 2.95 -acres of land located on the
south side of PGA Boulevard, just east of Ballenlsles Drive, as more
particularly described in Exhibit "A" attached hereto, to a Planned Unit
Development (PUD); and
WHEREAS, the 2.95 -acre site is currently zoned Neighborhood
Commercial (CN); 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 City's Growth Management Department has
recommended approval of the Planned Unit Development (PUD) known as
the "PGA Concourse Center "; and
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved.
7
Ordinance 52, 1999
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 2.95 -acres of land located on the south side of PGA
Boulevard, just east of Ballenlsles Drive, as more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference; from
Neighborhood Commercial (CN), to Planned Unit Development (PUD), and
approves the uses permitted in the neighborhood commercial (CN) zoning
district, in addition to the uses of "Office, Professional and Business" and
"Office, Dental or Medical." The PUD will be known as the "PGA Concourse
Center."
SECTION 2. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16th DAY OF DECEMBER 1999.
PLACED ON SECOND READING THIS 6th DAY OF JANUARY 2000.
PASSED AND ADOPTED THIS 6th DAY OF JANUARY 2000.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN ERIC JABLIN
COUNCILMAN CARL SABATELLO
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
g /short:pud9913.or.doc
/jI
Ordinance 52, 1999
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY.
CITY ATTORNEY
AYE NAY ABSENT
9
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§ 118 -246
ZONING
§ 118 -615
for any use permitted in district, provided all other density and land development regulations
are met. Such lots must be in separate ownership and not of continuous frontage with other
lots in the same ownership. Further, no use that requires a greater lot size than the
established minimum lot size for a particular district is permissible on a nonconforming lot.
(Code 1987, § 159.121)
Sec. 118 -613. Nonconforming uses of land.
Where, on August 18, 1994, or on the date of amendment of this chapter lawful use of land
exists and such use would no longer be permissible as of August 18, 1994, such use may be
continued for a period of seven years from August 18, 1994, so long as the use otherwise
conforms with this chapter, subject to the following:
(1) No nonconforming usp shall be enlarged, increased, or expanded to occupy a greater
area of land than was occupied on August 18, 1994. No additional structure not
conforming to the requirements of this chapter shall be erected in connection with
such nonconforming use.
(2) No nonconforming use shall be moved in whole or in a part to another portion of the
lot or parcel occupied by that use on August 18, 1994.
(3) If any nonconforming use of land ceases for any reason for a period of more than six
consecutive months, any subsequent use of the land shall conform to the regulations
for the district in which the land is located.
(Code 1987, § 159.122)
Sec. 118 -614. Nonconforming structures and improvements.
Where a lawful structure or improvement existed as of August 18, 1994, such that it
cannot now be built pursuant to this chapter by reason of restriction on area, lot coverage,
height, yards, or other characteristics of the structure or its location on the lot or the type or
amount of landscaping, the structure or improvement may be continued for a period of seven
years from August 18, 1994, so long as it remains otherwise lawful, subject to the following:
(1) No structure or improvement may be enlarged or altered in a way which increases its
nonconformity. -
(2) If such structure or improvement is destroyed by any means to an extent of 50 percent
or more of its appraised value, it shall not be reconstructed except in conformity with
this chapter.
(3) No structure shall be moved in whole or in a part to any other portion of the lot or
parcel occupied by that structure after August 18, 1994.
(Code 1987, § 159.123)
Sec. 118 -615. Nonconforming uses of structures and/or premises.
If a lawful use of a structure or of structure and premises in combination exists on August
18, 1994, or the date of amendment of this chapter that would not be allowed in the district
M
§ 118 -615 PALM BEACH GARDENS CODE
under the terras of this chapter, the lawful use may be continued for a period of seven years
from August 18, 1994, so long as it remains otherwise lawful and meets all other land
development regulations, subject to the following:
(1) No existing structure devoted to a use not permitted by this chapter in the district in
which it is located shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the district in which it is located.
(2) If no structural alterations are made, any nonconforming use of a structure or
structure and premises may be changed to another nonconforming use, provided the
zoning board of appeals may require appropriate conditions and safeguards in
accordance with-this chapter. The zoning board of appeals shall find that the proposed
use is equally or more appropriate to the district than the existing nonconforming use.
(3) Any structure or structure and land in combination in or on which a nonconforming
use is superseded by a permitted use shall thereafter conform to the regulations for
the district in which the structure is located, and the nonconforming use may not
thereafter be resumed.
(4) When a nonconforming use of a structure or structure and premises in combination is
discontinued or abandoned for six consecutive months, the structure or structure and
premises in combination shall not thereafter be used except in conformance with the
regulations of the district in which it is located.
(5) Where nonconforming use status applies to a structure and premises in combination,
removal or destruction of the structure shall eliminate the nonconforming status of
the land.
(Code 1987, § 159.124)
Sec. 118 -616. Repairs and maintenance.
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof.
(Code 1987, § 159.125)
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 6, 1999
Date Prepared: December 15, 1999
Subject/Agenda Item
Second Reading & Public Hearing: Ordinance 53, 1999 — BellSouth Expansion.
Proposal to rezone 1.56 acres from Planned Development Area to Planned Unit
Development and expand the capacity of the existing building.
Recommendation /Motion:
Staff recommends approval of the Second Reading of Ordinance 53, 1999, with 9
conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City ttorn
y
Growth
[ ]Approved
Management
Finance NA
ACM �
�
$
[ ]Approved wi
JCurrent
FY
conditions
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 12/22/99
j ] Operating
Paper: Palm
( ] Other
• Ordinance 53, 1999
Beach Post
• Waiver Requests
• Police Matrix
• DiVosta Letter (dated
11/5/99)
• Letters from LBFH
(dated 12/2/99 and
12/6/99)
• 1969 Site Plan
• 1973 Site Plan
• Proposed Site Plan
• Landscape Plan
• Elevations
• Renderings
Submitted by:
[ ] Not Required
Gro h ana ement
A ec ed parties
Budget Acct. #::
Director
[ X ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
City Council
REQUEST:
January 6, 1999
Rod A. Feiner, Esquire, agent for BellSouth, is requesting planned unit development
approval (including conditional use) for the expansion of a telephone utility /switching
station. The proposed expansion will increase the size of the building from a 23,094
square -foot 1 -story building to a 47,231 square -foot 2 -story building. The site is located
on the south side of RCA Boulevard, approximately 0.2 miles east of the intersection of
RCA Boulevard and Alternate Al A. (7- 42S -43E)
BACKGROUND:
BellSouth (formerly known as Southern Bell) received site plan approval on August 16,
1969. Building Division plans show that an addition was done in October 1973; this
addition approximately doubled the size of the building to its current size (23,094 square
feet).
The building is a switching station, and provides services for the Palm Beach Gardens
area as well as other municipalities and unincorporated areas throughout the entire
southeast. The facility is not open to the public. Because of the population growth in the
southeastern area, including the growing use of home fax machines, cellular phones
and digital pagers, the switching station is anticipated to reach maximum capacity by
December 2000; BellSouth could no longer provide service for new customers after this
date without expanding the facility. BellSouth has been mandated by the FCC and
other governmental agencies to expand the capacity of this facility.
REVIEW PROCESS:
This is a request for re- zoning and PUD approval. The PUD request is reviewed by the
Development Review Committee, which forwards comments and recommendations to
the Planning and Zoning Commission. After review of the proposed PUD at a workshop
meeting, the Planning and Zoning Commission schedules a public hearing for which the
applicant provides proper notice to surrounding property owners. At this meeting, the
Planning and Zoning Commission prepares a record of the proceedings and transmits
them to the City Council, along with their recommendation. A First Reading is held;
then the City Council shall hold a public hearing after giving due public notice. The City
Council reviews the request for PUD approval for consideration of approval, approval
with conditions, or denial.
The proposed project received concurrency certification on September 28, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water. The City's
Development Review Committee (DRC) discussed the request at their October 28,
1999 meeting. A listing of the various departmental comments is attached for your
review.
2
City Council January 6, 1999
LAND USE AND ZONING:
The subject site is zoned as a Planned Development Area (PDA), has a future land use
designation of Residential — Medium Density (RM), and is listed as Commercial ( C ) on
the Vision Plan. The applicant wishes to rezone the site to Planned Unit Development
(PUD), with an underlying zoning of RM. The PUD petition includes the request for
conditional use approval. The PUD process will enable the applicant to request waivers
instead of variances for the building height, number of parking spaces, and the number
of loading spaces. For a complete listing of adjacent uses, land use designations and
zoning districts, see Table 1. Table 2 examines how consistent the proposed project is
with the City Code and future land use for the site.
PROJECT DETAILS:
Buildinq Site
The building site totals 1.56 acres. The proposed plan will add a second story to the
existing building, and increase the footprint of the building by 533 square feet. The
existing building totals 23,094 square feet; the expansion will increase the total square
footage of the building by 24,137 square feet, for a total of 47,231 square feet.
Aesthetics
The proposed building will have a flat roof, except for the entry portico, which will have a
hipped, Spanish S -tile roof (Lavita Blend in color). The walls will be brick and concrete
with stucco panels, white louvers, and decorative tile inserts. The stucco cap and
panels will be painted a light cream color, while the brick surface will be a light beige
color. There will be a light green /grey band around the building. The north face of the
building will also include five large, bronze, reflective glass false windows.
Site Access
The site will be accessed from RCA Boulevard. The site will be gated 24 hours a day
for security purposes. This site is not open to the public.
Walkways
A sidewalk will run along the eastern edge of the building, and will continue out to RCA
Boulevard (although it will be impeded by the gate). The applicant is proposing to pay
money in lieu of building a sidewalk along the northern boundary of the site (along the
southern edge of RCA Boulevard), because the applicant does not want to install a
sidewalk and then have it removed when the drainage ditch is culverted or when RCA
Boulevard is widened.
Signage
No signage is being proposed for this site; the existing wall sign will be removed.
3
City Council
January 6, 1999
Landscapinq
The landscaping points required for this petition are 2,032, and the applicant is
providing 2,424 landscaping points.
Phasinq
The proposed expansion will be done in one phase.
Waivers
The applicant has requested waivers from the code required number of loading spaces,
the code required number of parking spaces, and the code required building height
limitation. The applicant feels that because this site will not be accessed by the general
public, and there will only be a few employees working there at any given time, the
required number of loading spaces (2) and the required number of parking spaces (34)
are not needed. The applicant is proposing to provide 21 parking spaces. Furthermore,
the applicant feels that by exceeding the maximum building height (36 feet) by 5 feet 4
inches to accommodate the hipped section of the roof, the building will be more
aesthetically pleasing. The applicant's request for these waivers, along with their
justification statements, is attached to this report.
DEPARTMENTAL COMMENTS
Buildinq Division
No comments.
Engineerinq
City Engineer Sean Donahue has requested that the applicant replace the drainage
ditch on the north side of the subject site with a culvert that would match the proposed
culvert on the neighboring property to the west (see attachments).
Seacoast Utility Authority
No comments.
Northern Palm Beach County Improvement District
No comments.
Planninq & Zoninq Division
The applicant will need to provide a certified cost estimates for the money to be paid in
lieu of a sidewalk and a culvert along the northern boundary of the site (on the south
side of RCA Boulevard). The applicant shall submit this money to the City prior to the
issuance of the final certificate of occupancy.
Fire
No comments.
4
City Council
Police
See attachment.
Parks & Recreation
No comments.
Leqal
No comments.
INITIAL STAFF RECOMMENDATION
January 6, 1999
Staff recommends approval of petition PUD- 99 -14, with the following conditions, which
are applicable to the applicant, successors, or assigns:
1. Prior to construction plan approval, the applicant shall replace the drainage
ditch on the north side of the subject site with a culvert if so recommended by
the City Engineer. (Engineering)
2. Prior to construction plan approval, the applicant shall provide a certified cost
estimate (acceptable to the City) for the money to be paid in lieu of a sidewalk
along the northern boundary of the site. (Planning & Zoning)
3. Prior to the issuance of the final certificate of occupancy, the applicant shall
submit money in lieu of the northern boundary sidewalk to the City.
(Planning & Zoning)
4. The applicant shall comply with all requirements of the Roadway
Beautification and Enhancement Plan once the plan is established by the City
of Palm Beach Gardens. The applicant, successors, or assigns shall
maintain said improvements per City landscape maintenance standards,
which shall be adopted. Specifically, the applicant, successors, or assigns
shall provide improvements in accordance with said plans in the following
public right -of -way:
• Along the south right -of -way line of RCA Boulevard from the western
terminus of this site to the eastern terminus of this site. (City Forester)
5. When this property is platted, the petitioner shall convey right -of -way to Palm
Beach County as required on the south side of RCA Boulevard.
(Development Compliance Officer)
6. The mechanical equipment on the ground shall be completely screened by
landscaping and a fence. (Planning & Zoning)
7. Prior to scheduling this petition for first reading by City Council, the applicant
shall revise the preliminary paving and drainage plan (sheet C -1) so that it
matches the other plans, which only show one handicap parking space.
(Planning & Zoning)
8. No sign shall be erected or attached until such sign is reviewed and approved
by the City. (Planning & Zoning)
4".
City Council January 6, 1999
Based on the applicant's justification statements, Staff also recommends approval for
the three requested waivers regarding loading spaces, parking spaces, and building
height.
PLANNING & ZONING COMMISSION
November 9, 1999
The Planning and Zoning Commission heard this petition as a workshop at their
November 9, 1999 meeting. The Commission made two comments regarding the
petition:
1. The entry arch in the portico should be lowered, and include some
architectural detail above it. The two (2) "skinny" arches should also be
removed.
2. The mechanical equipment on the ground on the east side of the building
should be completely screened by landscaping and a fence.
November 23, 1999
The Planning and Zoning Commission heard this petition as a public hearing at their
November 23, 1999 meeting. The Commission made two comments regarding the
petition:
1. The Royal Palms shown on the plans should be uniform in height at
planting (20 feet of grey wood).
2. Prior to scheduling this petition for first reading by City Council, the
applicant shall revise the elevations so that the arches at the building's
entrance have the same spring line.
The Commission voted 6 — 0 to recommend approval of petition PUD -99 -14 with the 8
conditions recommended by Staff, and the two conditions the Commission stated at this
meeting (see above). The Commission also recommended approval of the three
requested waivers.
FINAL RECOMMENDATION
Based on the comments made by the Planning and Zoning Commission and the City
Engineer (see attachments), Staff recommends approval of petition PUD- 99 -14, with the
following conditions, which are applicable to the applicant, successors, or assigns:
1. Prior to construction plan approval, the applicant shall provide a certified cost
estimate (acceptable to the City) for the money to be paid in lieu of purchasing
the material, labor, and permits to replace the ditch on the north side of the site
with a drainage pipe. The cost estimate shall include the purchase of the
drainage pipe, the concrete collars and back fill material, the cost of obtaining a
6
City Council January 6, 1999
Surface Water Management System Permit Modification for the construction, and
the cost of the placement of the pipe by the Public Works Department.
(Engineering)
2. Prior to the issuance of the final certificate of occupancy, the applicant shall
submit money in lieu of replacing the northern ditch with a drainage pipe.
(Engineering)
3. Prior to construction plan approval, the applicant shall provide a certified cost
estimate (acceptable to the City) for the money to be paid in lieu of a sidewalk
along RCA Boulevard (along the northern boundary of the site).
(Planning & Zoning)
4. Prior to the issuance of the final certificate of occupancy, the applicant shall
submit money in lieu of the RCA Boulevard sidewalk (along the northern
boundary) to the City. (Planning & Zoning)
5. The applicant shall comply with all requirements of the Roadway Beautification
and Enhancement Plan once the plan is established by the City of Palm Beach
Gardens. The applicant, its successors or assigns shall maintain said
improvements in accordance with the City's landscape maintenance standards.
Specifically, the applicant, its successors or assigns shall provide improvements
in accordance with said plans in the following public right -of -way: Along the
south right -of -way line of RCA Boulevard from the western terminus of this site to
the eastern terminus of this site. (City Forester)
6. When this property is platted, the petitioner shall convey right -of -way on the
south side of RCA Boulevard to Palm Beach County as required. (Development
Compliance Officer)
7. The mechanical equipment on the ground shall be completely screened by
landscaping and a fence. (Planning & Zoning)
8. The Royal Palms shown on the plans shall be uniform in height at planting (20
feet of grey wood). (City Forester)
9. No wall sign shall be erected until such wall sign is reviewed and approved by
the City. (Planning & Zoning)
Based on the applicant's justification statements, Staff also recommends approval of the
three requested waivers regarding loading spaces, parking spaces, and building height.
CITY COUNCIL FIRST READING:
At its December 16, 1999 meeting, City Council heard this petition and stated that they
would like to see color elevations of all four sides of the building. They also requested a
color and material sample for the louvers that are proposed on the building facade. The
applicant has submitted the color and material sample of the proposed louvers, and has
agreed to bring color elevations of all four sides of the building to the public hearing for
this petition.
7
City Council January 6, 1999
EXISTING USE ZONING LAND USE
Subject Property Planned Development Residential — Medium
Area Density (RM)
BellSouth Switching (PDA)
Station
North Planned Development Mixed -Use
Area (MXD)
Vacant/Undeveloped (PDA)
(proposed Legacy Place)
South Planned Development Residential — Medium
Area Density (RM)
Vacant/Undeveloped (PDA)
(proposed Catalina Lakes)
West Planned Development Residential — Medium
Area Density (RM)
Vacant/Undeveloped (PDA)
(proposed Catalina Lakes)
East General Commercial Commercial
Amara Shrine (C)
City Council
January 6, 1999
Consistent Code Requirement Proposed Plan
Yes Residential - Medium Planned Unit Development
(conditionally) Density (RM) (PUD) — telephone
utility /switching station
Yes
Minimum Building Site
68,000 square feet
Area for RM:
7,500 square feet
Yes
Minimum Lot Width for
200 feet
RM: 100 feet
Yes
Maximum Building Lot
34.75%
Coverage for RM: 35%
No
Maximum Building Height
Building Height:
(waiver)
for RM: 36 feet
41 feet 4 inches
(2 stories)
Yes
Front Setback for RM:
Front Setback:
30 feet
80 feet
Yes
Side Setback for RM:
Side Setback:
10 feet
15 feet
Yes
Rear Setback for RM:
Rear Setback:
20 feet
48 feet 6 inches
No
Minimum Number of
21 spaces provided
(waiver)
Parking Spaces: 34
(calculated as
"warehousing ")
No
Minimum Number of
0 loading spaces provided
(waiver)
Loading Spaces: 2
g /short: pud9914.cc2.doc
fjI
�61
December 15, 1999
ORDINANCE 53, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF BELLSOUTH FOR
REZONING OF 1.56 -ACRES OF LAND, LOCATED ON THE
SOUTH SIDE OF RCA BOULEVARD APPROXIMATELY 0.2
MILES EAST OF THE INTERSECTION OF RCA
BOULEVARD AND ALTERNATE A1A AND MORE
PARTICULARLY DESCRIBED HEREIN, FROM PLANNED
DEVELOPMENT AREA (PDA) TO PLANNED UNIT
DEVELOPMENT (PUD), IN ORDER TO EXPAND A
TELEPHONE UTILITY SWITCHING STATION FROM A
23,094 SQUARE -FOOT 1 -STORY BUILDING TO A 47,231
SQUARE -FOOT 2 -STORY BUILDING; 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 BellSouth for approval for rezoning of 1.56 acres of land located on the
south side of RCA Boulevard, approximately 0.2 miles east of the
intersection of RCA Boulevard and Alternate AM to a Planned Unit
Development (PUD) as more particularly described in Exhibit "A" attached
hereto;
WHEREAS, the 1.56 -acre site is currently zoned Planed 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 the "BellSouth
Expansion "; 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.
10
Ordinance 53, 1999
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 1.56 -acres of land owned by BellSouth located on
the south side of RCA Boulevard, approximately 0.2 miles east of the
intersection of RCA Boulevard and Alternate A1A, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this
reference; from Planned Development Area (PDA) to Planned Unit
Development (PUD), in order to allow the expansion of a telephone
utility /switching station from a 23,094 square -foot 1 -story building, to a
47,231 square -foot 2 -story building. The PUD will be known as the BellSouth
Expansion.
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 construction plan approval, the applicant shall provide
a certified cost estimate (acceptable to the City) for the money
to be paid in lieu of purchasing the material, labor, and permits
to replace the ditch on the north side of the site with a drainage
pipe. The cost estimate shall include the purchase of the
drainage pipe, the concrete collars and back fill material, the
cost of obtaining a Surface Water Management System Permit
Modification for the construction, and the cost of the placement
of the pipe by the Public Works Department. (Engineering)
2. Prior to the issuance of the final certificate of occupancy, the
applicant shall submit cash or surety bond equivalent to the
cost estimate referenced in condition #1 (in lieu of replacing
the northern ditch with a drainage pipe). (Engineering)
3. Prior to construction plan approval, the applicant shall provide
a certified cost estimate (acceptable to the City) for the money
to be paid in lieu of a sidewalk along RCA Boulevard (along the
northern boundary of the site). (Planning & Zoning)
4. Prior to the issuance of the final certificate of occupancy, the
applicant shall submit cash or surety bond equivalent to the
cost estimate referenced in condition #3 (in lieu of the RCA
Boulevard sidewalk along the northern boundary of the site) to
the City. (Planning & Zoning)
5. The applicant shall comply with all requirements of the
Roadway Beautification and Enhancement Plan once the plan
is established by the City of Palm Beach Gardens. The
11
Ordinance 53, 1999
applicant, its successors or assigns shall maintain said
improvements (landscape and irrigation) in accordance with
the City's landscape maintenance standards. Specifically, the
applicant, its successors or assigns shall provide
improvements in accordance with said plans in the following
public right -of -way: Along the south right -of -way line of RCA
Boulevard from the western terminus of this site to the eastern
terminus of this site. (City Forester)
6. When this property is platted, the plat shall indicate
conveyance of right -of -way on the south side of RCA
Boulevard to Palm Beach County as required. (Development
Compliance Officer)
7. The mechanical equipment on the ground shall be completely
screened by landscaping and a fence. (Planning & Zoning)
8. The Royal Palms shown on the plans shall be uniform in height
at planting (20 feet of grey wood). (City Forester)
9. No wall sign shall be erected until such wall sign is reviewed
and approved by City Council. (Planning & Zoning)
SECTION 3. The following waivers are hereby granted with this
approval:
1. Minimum number of loading spaces — Section 118 -567 which
requires 2 loading spaces, to allow for no loading spaces on
site.
2. Minimum number of parking spaces — Section 118 -476 which
requires 34 parking spaces, to allow for 21 parking spaces.
3. Maximum building height — Section 118- 213(g) which allows a
maximum building height of 36 feet, to allow for a 41 -foot, 4
inch building (41'4 ").
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 7, 1999 Preliminary Paving & Drainage, Camero +
Associates, Inc., Sheet C -1 (1 sheet total).
2. November 1, 1999 Preliminary Water & Sewer, Camero + Associates,
Inc., Sheet C -2 (1 sheet total).
3. December 7, 1999 Site /Roof Plan, Parsons, Offerle — Lerner, Roux
Architect, Sheet A -1 (1 sheet total).
4. November 11, 1999 First Floor Plan, Parsons, Offerle — Lerner, Roux
Architect, Sheet A -2 (1 sheet total).
12
Ordinance 53, 1999
5. November 11, 1999 Second Floor Plan, Parsons, Offerle — Lerner,
Roux Architect, Sheet A -3 (1 sheet total).
6. December 7, 1999 North Elevation and East Elevation, Parsons,
Offerle — Lerner, Roux Architect, Sheet A-4 (1 sheet total).
7. November 11, 1999 South Elevation and West Elevation, Parsons,
Offerle — Lerner, Roux Architect, Sheet A -5 (1 sheet total).
8. November 11, 1999 Exterior Parking Lot Lighting For Proposed
Addition, Parsons, Roux Architect, TECO, BGA, Sheet E -1 (1 sheet
total).
9. December 7, 1999 Landscape Plan, A. Grant Thornbrough and
Associates, Sheet L -1 (1 sheet total).
10. November 11, 1999 Irrigation Plan, A. Grant Thornbrough and
Associates, Sheet IR -1 (1 sheet total).
11. November 11, 1999 Sketch Of Survey, E. N. Bechamps and
Associates, Inc., Sheet 1 (1 sheet total).
SECTION 5. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 16th DAY OF DECEMBER 1999.
PLACED ON SECOND READING THIS 6th DAY OF JANUARY 2000.
PASSED AND ADOPTED THIS 6th DAY OF JANUARY 2000.
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILMAN ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
13
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /short:pud9914.or2.doc
/p
14
Ordinance 53, 1999
NAY ABSENT
Ordinance 53, 1999
Exhibit "A"
-11 harco.•l of lath in .SCCttUi1 7, -Township 42 South, Range 43 fast.
Palm Beach Comity, •I-'lorida,•.more %particularly described as
follows:
. C:omtnencing at.the Northwest corner of•Section 7. Township 42
South, Rarrig;e 43.1?Hsc, rtill SC-Ufh 88° •l'0' 00" .Last (for VII l)ml•-
pose of tiiisfACscription,, `tlie true 1wa ing of Elie North 1 ine of
Sectioli 7. based On :SOlat• obscry itlo4s.' is S 880 10' 00" 1?):
along the saiid Rol•th linuuf SCCritX.. distance of 1028. 44 feet
to the int(fi sec;tiott cf .tlx: celiteL.1-i r 4lic '1:l6ritia Last C:oi1St
hallway (tight- uf-Way witit tits sa'it 1i Iine'(if Section 7: thence
continue S'88` 10' 00" E. along- tht. s Norrh 1 inv of Nvcciva 7,
a distance: of 461. V) feet ti) Elie joint of .Iki ginning, said h(ti_;tt
being 3W.fec:t casterty (mcasu •cad along thc,,Nortli line.• of F'.xtion
7)*frotn the easti.•t'ly Kil;ht- cif -Way line of 1O6 feKjt illtinuity Right-
.Y of Stan: Road Alcdrllate A- 1- A,:said- poilnt als<i l,viitt;
the Nordi%t est corner of" is herein cfc sci lx ! lrlct ul; .tl�t nt:,tt S Ulu
aU' (1(j" %V. tit t.ibllt•anbles to Lhi; said N eth line of,St;c ticiiv7i a'i
distatic:e of 340, 00 fc at; tlicijee S 88"':1(1':.(10'.' 111, , `.u' i- l;�lif : `11Sits
to like last ck�c'rilxd ccnlrs:.C. n 8istanev Of
N Ell" SV' (X)" („ at right. }ingl' to the -last dQtj ailed c�tursv, a
cllstaneu of 3-10.00 (ect, mol'c or less, to ;flit: said North limy of
Sc,�air,n
1.11'6ii:6 , N f3i3":'IO' 00' °W; itlZ�li f #iltc� sti`!cti t •th'� lit • of
...SCE -tlt,a 7,. a t islzutc,,u of 2(1(1 (X) fcsct, �Sl� ;,t v t)t I
:0f Ilt-gblllllig . .. �, 4, �� air.'.' t�_.. i h�ri �y.
Subject to the: Right-of-Wvy of R.'(:. A: IloulkArar l (Mutlrt Rwd).
• . .t.. ..3.11 �_...`.�
15
REVISED REQUEST FOR WAIVERS AS PART OF PUD BELLSOUTH RE- ZONING
Section 118 -567, Loading Spaces.
A. Code Requirement and Requested Waiver.
Section 118 -567 of the City's Land Development Regulations (LDR) requires "off -street
loading spaces shall have an overhead clearance of at least 15 feet, shall be at least 12 feet wide
and shall be at least 35 feet long, exclusive of access or maneuvering areas, platforms and other
appurtenances." A waiver is requested from this code requirement to allow a loading truck to
use the same access areas as cars which would park at the site, though the site plan does provide
a separate turning area, where no parking is allowed to occur, to enable the loading trucks to
maneuver on the property.
B. Justification.
The switching station which is the subject of this re- zoning application was first
purchased in approximately 1969 and the building footprint has not substantially changed since
the original construction, with the exception of the addition or deletion of certain parking spaces.
BellSouth is not seeking to expand the horizontal footprint of the building, but is merely seeking
to expand the height of the building to accommodate the mandated increased in switching
capacity for Southeastern Florida. Thus, BellSouth is forced to utilize the current size of the
parcel and the existing building footprint. Access to the site was established in the late 1960's
early 1970s. When considering the existing footprint of the building it is simply not possible
to provide the Code required loading area an keep the existing building footprint.
The switching facility does not have continual loading or unloading of equipment. Rather
the only time loading or unloading of equipment occurs is when new switching equipment needs
to be replaced inside the facility. Otherwise loading and unloading of equipment does not occur.
The replacement of switching equipment, once the original equipment is placed inside the
facility, occurs infrequently. Thus, when considering that BellSouth is utilizing the existing
footprint for the site, that loading or unloading of equipment is not a primary use of the site, that
such activity occurs infrequently and that there is adequate space provided in the site plan for
such loading or unloading activity, a waiver is appropriate.
3. Section 188 -476, Parking Spaces.
A. Code Requirement and Waiver.
Section 118 -476 sets forth the parking requirements for various uses within the City.
There is no specified parking requirement for a utility use or switching station. Therefore, when
considering the most analogous uses in terms of parking requirements the sw'
would be the equivalent of an industrial use. BellSouth believes that the us ore
warehousing since the majority of the floor plan for the switching s is filled with
equipment. A warehousing use requires a project to have 1 space for eac plo �ig a
peak shift as well as one space per 2,000 sq. feet of gross floor area. Sta es�et
16 _ H(N.G
BellSouth also consider the general industrial parking requirements until a determination has
been made as to which use is appropriate. Code requires a general industrial use to have 1
space for each employee during a peak shift as well as one space per 1,000 sq. feet of gross
floor area. Since BellSouth will have 10 employees at the site during a maximum shift and the
new building floor space is equal to 47,231 sq. feet, Code requires that BellSouth have 57
parking spaces for a general industrial use and 34 parking spaces for a warehouse use. The site
plan provides 21 parking spaces, which includes one handicap parking space. BellSouth is
therefore requesting a waiver of 13 parking spaces from a warehouse industrial use.
B. Justification.
The number of parking spaces provided in the site plan are sufficient to address the needs
of the facility and to provide additional spaces for the occasional vendor. Once the second floor
is added to the switching station there will only be 10 BellSouth employees at the premises
during a peak shift. Thus, there exists an excess of 9 spaces to accommodate the occasional
vendor or visitor. The floor plans of the switching station show that most of the facility will be
occupied by switching equipment. Members of the public do not come to the switching station
to pay bills or for any other reason and therefore no calculation of general public use needs to
be considered when evaluating if adequate parking exists. The use is not personnel intensive and
the requirement to have sufficient parking for each 2,000 sq. feet or 1,000 sq. feet of gross floor
area is not applicable to the actual use of the facility. At no time has BellSouth had 19 people
at the switching facility during any one shift nor is such an event contemplated after construction
is completed. This demonstrates that a utility/switching station use is not capable of being
analyzed as the equivalent of the current classifications set forth in the City's LDR. Instead the
actual use should be considered. When considering the actual use and parking required for the
use, it is demonstrated that the parking spaces provided on the site plan accommodate the use
of the facility as a utility/switching station and a waiver is appropriate.
3. Height Requirements.
A. Code Requirements and Waiver.
Section 118 - 213(8) 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 residential, the maximum height is 36 feet. The BellSouth
structure has one small portion of the roof which exceeds 36 feet, the actual height is, at the
peak of the roof, is 41'4 ". Therefore, a waiver of 5'4 ", at the maximum height, is requested
for the hip roof.
B. Justification.
The majority of the. BellSouth structure is either under or the ent A6 fee
height. In a two floor building this height is necessary in order for 1Soutce
required equipment within the building and two have the required thic ss byffegl
bear the load of equipment to be placed on the second floor. BellSouth xceekA
residential height standard only in regards to the barrel tile roof portion of the building which
faces RCA Boulevard. This area is furthest away from the adjoining residential uses. The
barrel tile roof was placed on the building to create an architecturally pleasing design rather than
a mere profile of straight line, which BellSouth was told was not preferable. The additional
height for the roof is necessary to accommodate the slope of the roof and still maintain adequate
height for the ceilings. Only 3.2% of the entire building which exceeds the 36 feet height
requirement, which is, at best, a minimal waiver. The majority of the roof does not exceed the
residential height limitations and therefore the requested waiver is minimal in its application and
it is directly related to an architectural benefit which the City will be receiving. In such
circumstances, especially since a PUD does not contain any height limitations, the waiver would
be appropriate.
ON Of Ps
NOVA1999
NG
18
PALM BEACH GARDENS POLICE
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: PUD -99 -14 - BellSouth Building Expansion
REVIEWED BY: Officer Gwen Flemin A,
DATE:
10 -26 -99
Problems /Concerns
Needs /Suggestions
Solutions
Lighting:
Make sure lighting does not
Good lighting serves as an
Lighting locations should
conflict with landscaping,
excellent deterrent to
not conflict with
(especially long term tree
potential criminal activity.
landscaping, (to include
canopy growth).
Will also provide visibility
long term tree canopy
for officers patrolling the
growth).
area on the night shift.
Provide adequate lighting
Adequate building lighting
around building and
should be around perimeter
pedestrian walkways. Metal
of all sides, and pedestrian
Halide should be used in all
walkways surrounding the
parking lot areas.
'
buildin_fy.
Dumpster enclosure should
Dumpster enclosure should
To help eliminhte
not allow for easy
be constructed as to allow
concealment of potential
concealment.
natural surveillance through
offenders and allow
the enclosure.
observation of them.
�°�eg X99
1 N�NG
19
Sent By: UIVOSTA LEGAL; 561621bio, U5 Nov 99 j:airM,JoU ouoirage eie
A N O C O M P A N Y
Via 7 elecepter and U. S. Mail
November 5, 1999
Mr. John Lindgren
City of Palm Beach Gaardens
10500 Military Trail
Palm Beach Carden, F133410
V
c►�aQS SORN�
Re: BellSouth project; Southeast comer of Alt. AlA and RCA Boulevard
Dear Mr. Lindgren:
This letter will Confirm that I have met with Mr. Richard L. Smith of BellSouth and his
c;okime1, Rod A. Feiner, Esq., to discuss the proposed improvements to, and re- development of
the BellSouth switching station located at the above captioned location. Several members of my
staff joined us at our meeting, and we discussed at length the wall and landscaping materials
which would separate the BellSouth project from our new development to the south called
Catalina Lakes.
1 am pleased to inform you that we had a very successful meeting and the parties have
agreed on the easements necessary for the wall separating our respective projects. The separating
wall is located as shown on our Catalina Lakes plans, and it will be constructed by our company
in accordance with the requirements that have been previously imposed on us by the, Planning
and Zoning Commission of the City of Palm Beach Gardetm please note that the single change
to our plan is that the southwest comer of our wall section will be at a 45' angle (as shown on
the BellSouth plan).
Please feel free to contact me if you should have any questions regarding this letter, or
our agreement with BellSouth.
Sincerely yours,
x4�'-. X:01.
Charles H. Hathaway
President
WES /cs
Cc: Richard L. Smith, via telecopier only
Rod A. Feiner, E.cq., via telecopier only
Mark Smiley, P.E., via telecopier only
William E. Shannon, Esq.
4500 PGA Blvd.. Sultc 400 Executive Offices 561- 627 -2112
Palm Seach Gardens. Ft_ 33410 20 Fax 561 - 775.9121
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
MEMORANDUM
TO: John Lindgren
FROM: Sean C. Donahue, P.E. 5c'3
DATE: December 2, 1999
SUBJECT: Bellsouth Building Expansion
LBFH File No. 994070
PBG File No. PUD -99 -14
We have reviewed the revised Civil Site Plan, Proposed Site/Roof Plan, Proposed First Floor
Plan, Proposed Second Floor Addition Plan, Proposed Elevation Plans, Exterior Parking Lot
Lighting Plan, Landscape Plan, Irrigation Plan, Survey, Preliminary Paving Plan received
November 17, 1999. We offer the following comments base on our November 4, 1999
memorandum:
1. Conditionally Satisfied. The applicant has applied for a variance to allow for a reduction
in the required parking.
2. Conditionally Satisfied. The applicant has applied for a variance to allow for the
omission of a loading space.
3. Conditionally Satisfied. The applicant has applied for a variance to allow for the
proposed building height.
4. Previously Satisfied.
5. Previously Satisfied.
6. Previously Satisfied.
7. Previously Satisfied.
8. Previously Satisfied.
9. Previously Satisfied.
21
3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925
hftp: / /www.lbfh.com • e -mail: info ®Ibfh.com
PALM CITY
WEST PALM BEACH
FORT PIERCE
OKEECHOBEE
r
Bellsouth Building Expansh Page 2 of 2
LBFH File No. 99 -4070
10. The applicant has requested to pay an impact fee for the replacement of the ditch with a
drainage pipe. The impact fee would include the purchase of the drainage pipe, the
concrete collars and back fill material, their storage at the City's Public Works storage
yard, the cost of obtaining a Surface Water Management System Permit Modification for
the construction, and the cost of the placement of the pipe by the Public Works
Department. The applicant will need to submit a cost estimate for this work. The plans
should be revised to include a note stating that the construction of the pipe will be done
by the others at a later date at the expense of Bellsouth.
We have no other engineering concerns therefore, we are able to recommend Site Plan
approval.
SCD/
cc: Roxanne Manning
Jim Norquest
PAPROJECTS\PBGMEMO \4070 \4070i
22
Lh
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
MEMORANDUM
TO: John Lindgren
FROM: Sean C. Donahue, P.E. EK-O
DATE: December 6, 1999
SUBJECT: BellSouth Building Expansion LBFH File No. 99 -4070
With regard to the drainage ditch on the north side of the property, upon the ditch's replacement
by the City's Public Works Department the City will need a maintenance easement for the
culvert. The maintenance easement should be shown on all of the approved Site, Landscape and
Civil Plans. It should be located as follows: from the centerline of the ditch (where the proposed
centerline of the pipe will be located) to the north to the ultimate right -of -way of RCA Boulevard
or for a distance of 12 -feet, which ever is shorter; and from the centerline of the ditch to the
south for a distance of 12 -feet.
SCD/
cc: Roxanne Manning
Jim Norquest
P:\PROJECfs\PB GMEM0\4070kf07 q
23
3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925
http: / /www.lbfh.com • e -mail: info®Ibfh.com
PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE
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Ordinance 54, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR THE ABANDONMENT OF THE
CITY'S INTEREST IN A VIEWED AND POSTED ROAD RIGHT -OF -WAY
LOCATED EAST OF PROSPERITY FARMS ROAD AND SOUTH OF
BURNS ROAD WITHIN THE VILLAGE OF NORTH PALM BEACH AND
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, on or about September 16, 1916, the Board of County Commissioners
established a viewed and posted road right -of -way, extending from Alternate A-1 -A to the
Intracoastal Waterway;and
WHEREAS, on or about October 31, 1989, the Board of County Commissioners
conveyed its entire interest in the viewed and posted road right -of -way described in Official
Record Book 6261, page 826 of the public record of Palm Beach County to the City,
including that portion within the incorporated limits of the Village of North Palm Beach; and
WHEREAS, the City wishes to abandon any and all interest it holds in that portion
of the viewed and posted road right -of -way located within the Village of North Palm Beach,
which encumbers platted lots within a proposed subdivision; and
WHEREAS, the City Council has conducted a duly advertised public hearing and
determined that the portion of the posted and viewed road right -of -way located east of
Prosperity Farms Road within the Village of North Palm Beach is not needed by the City
and the abandonment of same is in the interest of the general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and
confirmed and are incorporated herein.
Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby
abandons any and all right, title, interest or claim it may have in that portion of the posted
and viewed right -of -way described in Official Record Book 6261, page 826 of the public
records of Palm Beach County, Florida located within the Village of North Palm Beach and
more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference.
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 54, 1999
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 ,
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:\CP Win \H I STORY \991119A \43F.OF\stm(1501.000)
LEGAL DESCRIPTION:
A strip of land 66.00 feet in width, situate in Section 8, Township 42 South, Range
43 East, Palm Beach County, Florida, being a portion of the 66.00 foot right -of -way
as described in Official Record Book 6261, page 826, Public Records of Palm
Beach County, Florida, the centerline of said strip being more particularly described
as follows:
Commencing at the southwest corner of the northeast quarter of said Section 8;
thence along the South line of said northeast quarter of Section 8 South 88° 16'21"
East for 105.00 feet to a point on the East right -of -way line of Prosperity Farms Road
as shown on Road Plat Book 2, pages 136 and 137, Public Records of Palm Beach
County, Florida, said point also being the POINT OF BEGINNING: thence continue
along said South Line South 88° 16'21" East for 1404.51 feet to a point on the West
right -of -way line of the North Palm Beach Waterway as shown on the Plat of Golf
Course Addition No. 2 Village of North Palm Beach as recorded in Plat Book 28, page
67, Public Records of Palm Beach County, Florida and as described in Official Record
Book 222, Pa a 348, Public Records of Palm Beach County, Florida, said point also
being the POINT OF TERMINUS.
P-
z
Uj i
2�
W
U1 FNW
0 Z ,.,
OUd0W
LL
ti `^
I Ou
3t z
W
I z 1 ° � POINT OF BEGINNING
ffz V o
I dV1Z VWIN
�� 105.00' i — — — — -- -- — — POINT OF
S88° 16'21' E 16'21 " E TERMINUS
S88° __ --- 1404.51'
AR
SOUTH LINE OF THE NORTHE T - "– " "– '-- "---8 --� --
n AS
QUARTER QF SECTION - - - - -"
A.
— — — —
Q
I QO — — — — — — — — — —
Q�
DATE
03103/98
DWG.
A96 -594M
I
3
REF.
96594303A(ms)
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ABBREVIATIONS:
P.O.B. - POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT 100 50 0
100
O.R.B. - OFFICIAL RECORD BOOK
R.P.B. - ROAD PLAT BOOK
SURVEYOR'S NOTES: GRAPHIC SCALE IN
FEET
1. THIS DRAWING IS NOT A SURVEY.
2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
3 THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE
COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID
UNLESS BOTH ACCOMPANY EACH OTHER.
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
EMPLOYED BY LIDBERG LAND SURVEYING, INC.
5. DATE OF LEGAL DESCRIPTION: MARCH 3, 1998
LIDS ` LAND SURVEYING, INC.
DESCRIPTION & TKESC NCFOR:
RICHARD D J. WILKIE
(ABANDONMENT OF A PORTION
66.00 FOOT RIGHT -OF -WAY,
PROFESSIONAL SURVEYOR AND MAPPER OF A O.R.B. 6261, PAGE 826)
FLORIDA CERTIFICATE N0. 5327
LAND
FLD.
JO96- 594l303D1
FB. PG.
�PLIDBERG
1 SURVEYING INC.
LB4431
675 West Indiantown Road,
SUITE 200, Jupiter. Florida 33458
TEL. 561-746-8454
OFF.
R.W.
DATE
03103/98
DWG.
A96 -594M
CKD.
D.CL
REF.
96594303A(ms)
SHEET OF
I / l
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 6, 2000
Date Prepared: December 16, 1999
Subject/Agenda Item: Petition VAR- 99 -05, sign variance application for DiVosta &
Company ground signs. The sites are located at the intersection of Riverside Drive and
Buckeye Street, on the north and south sides of Buckeye Street. (7- 43E -42S)
Recommendation /Motion:
Staff is recommending denial of Resolution 1, 2000.
Reviewed by:
Originating Dept.:
Costs: $ -0
Council Action:
Total
City Attorney_
Growth Management
[ ] Approved
Department
Finance N/A
$Current
[ ]Approved w/ conditions
ACM
FY
[ ] Denied
Human Res. N/A
Advertised:
Other N/A
Funding Source:
( ] Continued to:
Attachments:
-
Date: - - -- - - -, 1999
( ] Operating
Paper: Palm Beach Post
[ ] Other N/A
Resolution 1, 2000
Site Plan
Comments:
Sean D.
Not Required
Assist. City Engineer
Sub y;
G ac e n
In
A ected parties
Budget Acct. #::
D artme
[ X ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
DiVosta & Company Inc., applicant, is petitioning the City Council for two sign variances
for two existing ground signs, sign A and Sign B, located on the northeast and southeast
corners of Riverside Drive and Buckeye Street, respectively. The subject signs, A and B,
are located at 10384 and 10358 Riverside Drive, Palm Beach Gardens, FL 33410,
respectively. Both signs have been determined by staff to be non - conforming. They were
constructed in 1985, according to the applicant, and were made non - conforming by the
revised sign code, which was adopted on January 17, 1990. The applicant was notified
of the non - conforming status of both ground signs, as part of the non - conforming sign
notification procedures.
The future land use designation for the site is Industrial, while the zoning classification is
Light Industrial (M -1A). Land uses adjacent to the subject sites consist of : Residential Low
(RL) to the south, Industrial to the west and north, Residential Medium (RM) to the east.
The existing use on the subject sites is office.
PROCEDURE:
The Land Development Regulations (LDRs) designate the authority of reviewing and
granting sign variances directly to the City Council. As with other variances, a petitioner must
demonstrate hardship. Section 110 -72 Variances, states that "The hardship shall not be
economics or natural obstructions on adjacent land, but shall be a hardship whereby an
applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter."
The two existing signs meet the several code requirements for ground signs, except, the
minimum 15 -foot setback, as outlined in chapter 110, signs, of the City's Land Development
Regulations.
VAR -99 -05 DiVosta & Company SIGN VARIANCE REQUEST
GROUND SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGNS
ARE NOT IN COMPLIANCE
Minimum Front Setback
Code Requirements: Chapter 110 -36. Ground signs.
(c) "Ground signs shall be placed no closer than 15 feet from the front property lines..."
Present Condition: Sign A is approximately 3.29 feet and sign B is approximately 2.09 feet from the front
property line. Both signs are not in compliance with the above provision. Applicant is requesting two
variances from the 15 -foot setback required by the Code.
Request: Applicant requests a variance for 11.71 feet, from front property line, for sign A; and 12.91 feet, from
front property line, for sign B.
As the chart indicates, there is only one Code requirement with which the two existing signs
are not in compliance. The petitioner is requesting two variances from the 15 -foot setback
requirement, one for 11.71 feet for sign A and the other for 12.91 feet for sign B.
The applicant is unable to comply with the requirement without creating a hardship due to
the location of the two signs in relation to the existing parking lot and landscape areas
surrounding both signs, according to the petitioner. Setting the signs further back from the
front property line would require the removal of most of the mature vegetation behind and
on the sides of both signs. Such action would be detrimental to the aesthetics of the two
sites and the intersection.
1A
Sign A is located in front of a 25 -foot high Live Oak tree, while sign B is situated in front of
a 40 -foot high Laurel Oak tree. Both are surrounded by a combination of several types of
vegetation. In particular, the landscape area for sign B is bounded by the parking area, which
is located directly behind it. In this case, pushing sign B further back to comply with the
Code would require the removal of most of the landscape area for the sign because the
parking area is immediately behind the sign and the landscape area.
STAFF COMMENTS:
There is reasonably enough space within the landscape area for sign A to be pushed further
back to comply with the 15 -foot setback from the front property line. However, this would
lead to the removal of much of the vegetation around the sign as well. The 25 -foot Live Oak
tree could also be moved back and placed directly behind the sign. The landscape area is
large enough to accommodate such an alternative. Once the sign is pushed back to the
required setback, approximately eight feet remain from the sign to the back of the landscape
area. This is large enough to accommodate the Live Oak tree and the remaining landscape
on the sides of the sign. Staff does not believe that this option would lead to the destruction
of the existing vegetation within the landscape area of the sign. Staff also believes that this
alternative could be extended to sign B to bring it into compliance, and without affecting the
parking area behind the sign.
The City Engineer has reviewed the location of the ground signs (see attached) and has not
raised any safety concerns.
RECOMMENDATION:
Staff has reviewed this petition and has determined that the applicant has not demonstrated
a hardship whereby an applicant cannot reasonably enjoy and utilize the intended
benefits provided in this chapter. This determination is based on the following:
• Compliance with the Code can be achieved without serious damage or destruction to
the vegetation and the parking areas around and behind the existing signs.
• The justification or the hardship identified by the applicant regarding the appearance
of the buildings and the intersection at which the signs are placed, is not a valid
hardship. The applicant can still maintain the existing appearance of both buildings with
minimum change to the existing landscape around the signs.
Based on this analysis, staff recommends denial of this petition for a variance.
G ff a l a l /va r99 -05. st 1
3
WbCo
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
MEMORANDUM
TO: Talal Benothman
FROM: Sean C. Donahue, P.E. SC-0
DATE: December 13, 1999
SUBJECT: DiVosta Sign Variance
LBFH File No. 99 -4102
Petition No. VAR -99 -05
We have reviewed the request for a variance for the signs at the referenced project. The signs
will need to comply with all of the Palm Beach Gardens Land Development Regulations. As per
LDR Section 110 -36 (c), ground signs shall be placed no closer than 15 feet from the front
property line or 50 feet from the side property lines. Therefore, we do not recommend approval
of the signs.
SCD/MS
cc: Roxanne Manning
Jinn No.- Iluest - V—.V--
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�4 DEC 13 1999
fLANNiNG
ZONING
3550 S.W. CORPORATE PARKWAY • PALM CITN; FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925
http://www.lbffi - e -mail: lnfo@lbfh.com
PALM CITY WEST PALM BEACH 4 FORT PIERCE OKEECHOBEE
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December 16, 1999
RESOLUTION 1, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A
VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36
OF THE CITY CODE, ENTITLED "GROUND SIGNS," FOR
TWO (2) EXISTING GROUND SIGNS LOCATED AT 10358
AND 10384 RIVERSIDE DRIVE AT THE CORNER OF
RIVERSIDE DRIVE AND BUCKEYE STREET; PROVIDING
FOR REPEAL OF RESOLUTIONS IN CONFLICT AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, DiVosta & Company, Inc. has filed a petition for variance from
the setback requirement applicable to two existing ground signs, as set forth in
section 110 -36 of the City Code; and
WHEREAS, in accordance with section 110 -72 of the City Code, the City
Council finds that the applicant has sufficiently demonstrated an undue hardship
whereby it can not reasonably enjoy and utilize the benefits provided in the City sign
code; and
WHEREAS, THE City Council further finds that the variances meet the
general intent and purpose of the City sign code.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. Variance to the requirements of section 110 -36, entitled "Ground signs," is hereby
granted for two (2) existing ground signs located at 10358 and 10384 Riverside Drive, Palm
Beach Gardens, FL 33410, at the northeast and southeast corners of Riverside Drive and
Buckeye Street; as more specifically defined as follows:
A variance from the minimum front setback requirement, of fifteen (15) feet from the
front property line. The existing signs are 3.29 and 2.09 feet from the front property
line. Therefore, the variance granted is for 11.71 and 12.91 feet, respectively.
Section 2. All resolutions in conflict herewith are hereby repealed.
Section 3. This resolution shall be effective upon adoption.
11
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 2000.
JOSEPH RUSSO, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER SUFFICIENCY.
BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO _
COUNCILMAN JABLIN _
COUNCILMAN CLARK _
COUNCILMAN SABATELLO
\eat
G:\TalaUvar9905.re.wpd
12
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 1999
Date Prepared: December 15, 1999
SUBJECT /AGENDA ITEM:
Consideration of approval of Resolution 140, 1999: Site Plan Approval for Petition SP-
99-02 entitled "Nativity Lutheran Church & School Expansion."
RECOMMENDATION /MOTION:
Staff recommends that Resolution 140, 1999 be approved with 5 conditions.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
Finance NA
ACM V0
$
Current FY
[ ] Approved w /condifions
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
*Resolution 140, 1999
*Letter from Ed Oliver
dated 12/17/99
*Crime prevention matrix
*Original Site Plan -1962
*Master Site Plan
*Phase 1 Site Plan
*Phasing Plan
[ x ] Not Required
*Aerial Photograph
Submitted by`��� %
Growth Management Direct 'r
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ x ] Not required
REQUEST:
A request by Anthony E. Oliver, agent for Nativity Lutheran Church, Inc., for site plan
approval for a multi - purpose building (8,250 square feet), a future sanctuary (9,000 square
feet), and the expansion of their educational and administrative facilities (18,645 square
feet). The site is located at the northwest corner of Holly Drive and Plant Drive. (12 -42S-
42E)
BACKGROUND:
The church and preschool are located on a 5 -acre site, which was first given conditional
use approval in May 1962. The site was originally approved for a fellowship hall, offices,
classrooms, a sanctuary, and a parish hall. However, the parish hall (2,964 square feet),
the sanctuary (5,500 square feet), and some of the classroom (2,142 square feet) and
office space (648 square feet) were never constructed. Currently on the site, there is a
2,230 square -foot sanctuary (originally approved as a fellowship hall), a 5,031 square -foot
private elementary school in two buildings (72 students), and a 2,000 square -foot center
for autistic children (The Renaissance Learning Center). These uses are contained in
three separate buildings.
LAND USE AND ZONING:
The subject site is zoned as Residential - Medium Density (RM) with a conditional
use overlay for a church and school, and has a future land use designation of
Residential — Medium Density (RM). See Table 1 for a complete listing of adjacent
uses, land use designations and zoning districts, and consistency with the City's
Codes.
CONCURRENCY:
The proposed project received concurrency certification on August 18, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water.
PROCEDURE:
This is a request for a site plan approval. Because of the size of the site, the
request is considered a major site plan. The site plan request is reviewed by the
Development Review Committee, who forwards comments and recommendations
to the Site Plan and Appearance Review Committee. The Site Plan and
Appearance Review Committee reviews the site plan. The Committee acts in an
advisory role, and makes recommendations regarding the proposed request to the
City Council. The City Council reviews the request for site plan approval for
consideration of approval, approval with conditions, or denial.
2
Please note that this petition, the approval of the elevations, setbacks, signage, and
other physical site plan changes to the church and school, will be reviewed by the
City Council as an amendment to the site plan as SP- 99 -02. The expansion of the
church and school use will be reviewed by the City Council as an amendment to the
conditional use as CU- 99 -01, which is a separate petition on this agenda.
It should also be noted that the applicant has only provided detailed plans,
architectural details, and building elevations, colors, and materials for Phase 1.
Therefore only the Master Site Plan and Phase 1 can be approved at this time.
Future phases will require review and approval by the Site Plan and Appearance
Review Committee /Planning and Zoning Commission and the City Council
(including public hearings).
PROJECT DETAILS:
General Details
The proposed 28,864 square -foot net expansion would provide additional
classrooms, a sanctuary with 450 seats, and a multi - purpose building. These
structures would be used for church services, an elementary school with a
maximum of 240 students, an autistic learning center, and administrative offices.
Phasinq
The applicant is proposing a four (4) phased plan. Currently, 9,261 square feet
exist, of which approximately 4,611 square feet will be removed. The existing
sanctuary (or fellowship hall) currently has 186 seats, and the existing school has
72 students. In Phase 1, a 7,000 square -foot multi - purpose building will be
constructed, and the number of parking spaces will increase from 90 to 155
(expected completion is July 2000). In Phase 2, a two -story classroom building will
be completed (12,100 square feet), and approximately 2,000 square feet of the
original structures will be removed (expected completion is July 2002). In Phase 3,
a 4,125 square -foot classroom building will be constructed and 1,250 square feet
will be added onto the multi - purpose building (expected completion is February
2004). In Phase 4, a 9,000 square -foot sanctuary building with a large circle drive
will be completed, and approximately 2,611 square feet of the original structures,
and 5 parking spaces, will be removed (expected completion is December 2006).
Landscapinq
There are a large number of trees on the site, and the applicant is proposing to
preserve 90 of the 97 trees. Seven of the preserved trees will be relocated on site.
The required landscaping points for this project is 4,354, and the applicant is
providing 5,464.
Signage
The applicant is proposing to remove the existing ground sign in the fourth phase
and replace it with another ground sign, which will be located closer to the corner
of Holly Drive and Plant Drive.
STAFF COMMENTS:
Building Division
No comments.
Engineerinq
City Engineer Sean Donahue does not support the proposed dead -end parking shown in
the later phases of the proposed project.
Seacoast Utility Authority
Seacoast Utility Authority has expressed interest in locating a public water supply well
along the north property of the site, or near the center of the property. The applicant,
however, does not want to have a well on their site.
Planning & Zoning Division
The Planning and Zoning Staff does not support the proposed dead -end parking shown
in the later phases of the proposed project. Staff does, however, support the 3:1 parking
ratio that the applicant has used to determine the amount of parking that will be provided.
The future grass parking (in Phase 2) will require approval by City Council.
Fire
No comments.
Police
Officer Ellen Lovejoy 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).
Parks & Recreation
No comments.
Legal
No comments.
SITE PLAN & APPEARANCE REVIEW COMMITTEE WORKSHOP:
At its September 28, 1999 meeting, the Site Plan and Appearance Review Committee
reviewed this petition. The Commission remarked that it would like to see the landscaping
4
increased along Plant Drive. The Commission also voiced concern over stacking distances
at the Holly Drive entrance.
APPLICANT RESPONSE:
The applicant meets all stacking requirements for the site, and has increased landscaping
along Plant Drive. The applicant has addressed all of the concerns raised by Staff, except
for the dead -end parking; the applicant has stated that the dead -end parking will only be
used by their staff. Finally, the applicant has stated that the owner does not wish to permit
Seacoast Utility Authority to locate a well on Nativity Lutheran's property.
STAFF RECOMMENDATION:
Staff initially recommended approval of petition SP -99 -02 with the following conditions:
1. Prior to scheduling this petition for first reading by City Council, the applicant
shall revise the landscaping plan to show more landscaping along the
eastern boundary of the site (acceptable to the City Forester).
2. Prior to scheduling this petition for first reading by City Council, the applicant
shall eliminate the dead -end parking situations on the site plan.
3. All future phases shall provide a landscape plan that meets the current
landscape codes at the time of approval, so that by the completion of the
final phase, the entire site complies with the landscape code.
4. The applicant, successors, or assigns shall comply with all requirements of
the Roadway Beautification and Enhancement Plan once the plan is
established by the City of Palm Beach Gardens. The applicant, successors,
or assigns shall maintain said improvements per City landscape
maintenance standards, which shall be adopted. Specifically, the applicant,
successors, or assigns shall provide improvements in accordance with said
plans in the following public rights -of -way:
A. Along the west right -of -way line of Plant Drive from the
northern terminus of this site to the Holly Drive right -of -way.
B. Along the northern right -of -way line of Holly Drive from the
western terminus of the site to the Plant Drive right -of -way.
5. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Site Plan
and Appearance Review Committee /Planning and Zoning Commission and
the City Council (including public hearings).
6. Prior to scheduling this petition for first reading by City Council, the applicant
shall revise the plans for this petition to include a well on the site. The site
will also have to meet Palm Beach County's Wellfield Protection Ordinance.
5
SITE PLAN & APPEARANCE REVIEW COMMITTEE RECOMMENDATION:
At its October 26, 1999 meeting, the Site Plan and Appearance Review Committee voted
6 - 0 to recommend approval of petition SP -99 -02 with conditions #1, #3, and #5 of Staffs
recommendation, and the following conditions:
1. Paved dead -end parking on the site (the south dead -end lot) shall only be
used by staff for the church and school; this parking shall also have signage
on the wheel stops stating "Staff Parking Only."
2. Subsequent phase approvals shall comply with the future "Roadway
Beautification and Enhancement Plan" once the plan is established by the
City of Palm Beach Gardens.
The Committee also stated that they did not believe that the applicant should have to
accommodate Seacoast with a well on the site, unless Seacoast has some legal right to
require this well from the applicant.
REVISED STAFF RECOMMENDATION:
Staff has revised its recommendation based on the Site Plan and Appearance Review
Committee's recommendation, and discussions with Seacoast Utility Authority. Staff now
recommends that its initial conditions #2 and #4 be replaced with the two conditions that
the Site Plan and Appearance Review Committee recommended (stated above). Staff also
no longer recommends that a well site be located on Nativity Lutheran's property.
However, a well site may be located near the northern boundary of the Nativity Lutheran
site. Therefore, Staff recommends that the following condition be included:
• All proposed construction for this project shall comply with the requirements of Palm
Beach County's Wellfield Protection Ordinance.
CITY COUNCIL — DECEMBER 2, 1999 MEETING:
At its December 2, 1999 meeting, City Council heard the conditional use petition (see
report for CU -99 -01 on this agenda) for this project and made several comments regarding
the site plan petition:
1. More landscaping (oaks and mid -level landscaping) needs to be added along
Holly Drive.
2. The sidewalk along Holly Drive needs to be moved further away from the
road, and it should be meandering.
3. The architectural detail on the north, east, and west elevations of the multi-
purpose building needs to be increased.
4. The awning should be replaced with a permanent overhanging structure.
0
City Council also questioned the need for 450 seats. If this remains a concern, then this
question should be addressed by City Council at the public hearing for the conditional use
petition (which is on the same agenda as this petition).
APPLICANT RESPONSE:
The applicant has addressed items #1 and #3 (see attached letter dated 12/17/99). The
applicant has also moved the sidewalk further away from the road, but does not want to
meander the walkway. Finally, the applicant does not agree with item #4, because he
believes that the awning will be more aesthetically pleasing than a permanent overhanging
structure.
g /short: sp9902.cc.doc
fjl
7
EXISTING ZONINGAND:ANDUSE }DE'SIGNATION`S '
=E ALA
x�S
EXISTING USE ZONING LAND USE
Subject Property Residential — Med. Density Residential - Medium
Church /School (RM) (RM)
North
Public/Institutional
Recreation — Open Space
Park
(P /I)
(ROS)
South
Residential — Low Density
Residential — Low
Single Family Residences
3
(RL)
(Plat 6)
(RL -3)
150 spaces
East
Residential — Med. Density
Residential — Medium
Plant Drive Duplexes
(RM)
(RM)
West
Public/institutional
Public
Palm Beach Gardens
(P /I)
(P)
High School
Consistent
Code Requirement
Proposed Plan (at buildout)
Yes (conditionally)
RM
Church & School
Residential Medium
Density
Yes
Building Lot Coverage:
14.73 Percent
Maximum of 35 Percent
Yes
Minimum Parking: 113
150 spaces
(1 parking space per
4 seats)
Yes
Maximum Number Of
1 ground sign
Ground Signs: 1
8
Yes
Maximum Building Height:
< 36 feet
36 feet
Yes
Minimum Front Setback:
30 feet
30 feet
Yes
Minimum Side Setback:
10 feet
10 feet
Minimum Side Facing
27 feet
Yes
Street
Setback: 20 feet
Yes
Minimum Rear Setback:
96 feet
20 feet
Yes
Minimum Amount of Open
49.26 Percent
Space: 15 Percent
Resolution 140, 1999
October 26, 1999
RESOLUTION 140, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF A MASTER SITE PLAN FOR THE
CONSTRUCTION OF A MULTI - PURPOSE BUILDING (8,250
SQUARE FEET), A FUTURE SANCTUARY (9,000 SQUARE
FEET), AND THE EXPANSION OF THE EDUCATIONAL AND
ADMINISTRATIVE FACILITIES (18,645 SQUARE FEET),
AND A PHASE ONE SITE PLAN FOR THE MULTI - PURPOSE
BUILDING, TO BE LOCATED ON A 5 -ACRE SITE AT THE
NORTHWEST CORNER OF HOLLY DRIVE AND PLANT
DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Nativity Lutheran Church,
Inc., to approve a Site Plan for the construction of a multi - purpose building (8,250 square
feet), a future sanctuary (9,000 square feet), and the expansion of the educational facilities
(18,645 square feet); and
WHEREAS, this approval is only for the Master Site Plan and Phase 1 of the
project, and all future phase site plan approvals will be required to be reviewed by the Site
Plan and Appearance Review Committee and the City Council (public hearing required);
and
WHEREAS, the City's Growth Management Department has determined that
approval of said application is consistent with the City's Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the Site Plan and Appearance Review Committee recommended
approval of petition SP -99 -02 with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves
a master site plan for the construction of a multi - purpose building (8,250 square feet), a
future sanctuary with 450 seats (9,000 square feet), the expansion of the educational and
administrative facilities (18,645 square feet), and a phase one site plan for the multi -
10
Resolution 140, 1999
October 26, 1999
purpose building.
Section 2. Said approval shall be consistent with plans filed with the City's Growth
Management Department as follows:
(1) October 15, 1999 Site Plan (SP1), Oliver • Glidden & Partners, 1 sheet total.
(2) September 20, 1999 Phase 1 Site Plan (SP2), Oliver • Glidden & Partners,
1 sheet total.
(3) September 20, 1999 Phase Site Plan (SPH), Oliver • Glidden & Partners,
1 sheet total.
(4) September 20, 1999 Floor and Roof Plans (A -1), Oliver • Glidden &
Partners, 1 sheet total.
(5) December 17, 1999 Building Elevations (A -2), Oliver • Glidden & Partners,
1 sheet total.
(6) December 17, 1999 Phase 1 Planting Plan (LA1), Oliver • Glidden &
Partners (Environmental Design Group), 1 sheet total.
(7) September 20, 1999 Site Photometrics (SE -1), Oliver • Glidden & Partners,
1 sheet total.
(8) September 21, 1999 Preliminary Drainage Plan, Messler & Associates, 1
sheet total.
(9) September 30, 1999 Boundary/Tree Survey, Messler & Associates, 1 sheet
total.
Section 3. Said site plan approval shall comply with the following conditions which
shall be applicable to the applicant, its successors, and assigns:
All future phases (after Phase 1) shall provide a landscape plan that meets the
current landscape codes at the time of approval, so that by the completion of the
final phase, the entire site complies with the landscape code. (City Forester)
2. This approval applies only to the Master Site Plan and the Phase 1 Site Plan.
Future phases shall require separate reviews and approval by the Site Plan and
Appearance Review Committee and the City Council. (Planning & Zoning)
3. Paved dead -end parking on the site (the south dead -end lot) shall only be used
by staff for the church and school; this parking shall have signage on the wheel
stops stating "Staff Parking Only." (Development Compliance Officer & Code
Enforcement)
4. Subsequent phase (after Phase 1) approvals shall be held to the future "Roadway
Beautification and Enhancement Plan" once the plan is established by the City of
11
Resolution 140, 1999
October 26, 1999
Palm Beach Gardens. (City Forester)
5. All proposed construction for this project shall meet the applicable requirements
of Palm Beach County's Wellfield Protection Ordinance. (Planning & Zoning)
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS THE 6T" DAY OF JANUARY 2000.
ATTESTED
BY:
LINDA V. KOSIER
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
g\.short: sp9902.re.doc
rJI
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
12
n�
OLIVER • GLIDDEN & PARTNERS
ARCHITECTURE • I N T E R I O R D E S I G N
December 17, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Nativity Lutheran Church
Palm Beach Gardens, FL
Project Number. 98173
Petition SP -99 -02 & CU -99 -01
Deal-John:
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
Please find attached copies of the revised elevations for the fellowship center for the above captioned
project. You will note that we have added additional areas of architectural detail in the form of stucco
reveals to respond to council's comments. We have chosen not to replace the awning on the east side
of the building with a fixed roof structure (with shingles) as we want the color of the awning to provide a
visual draw to the building.
Additionally, please find enclosed a revised landscape plan that adds oak trees along Holly Drive per the
Council's suggestion. At this time we have not chosen to create an easement or a meandering walk, but
have provided additional oak trees to establish a "streetscape" tree theme along Holly Drive.
We trust this will be sufficient for your purposes and look forward to the second and final hearing before
City Council on January 6th.
Very truly yours,
Anthony E. Oli er
Senior Partner
Enclosures
cc: Pastor Denise Gundersen
Mr. Chuck Baughman
P:\ PROJECTi ACTIVEA98\NLC- 8173\SUPPORTIJLIN 1217.WPD
13
1401 F,ORILM,VS(A(, ;. {(l.i 100. • WEST PA4M BEACH, F4 33-401 S6.1.-6.44, -041 • VAX: 561.611.06811t • >EiNSX1L: ogp6 4t' YOt.co.tri
Lie. No: A'XM.W6 0'& HP600M
PALM BEACH GARDENS POLICE DEPARTMENT
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: Nativity Lutheran Church & Preschool
REVIEWED BY: Officer E. Lovejoy
DATE: August 25, 1999
Problems /Concerns Needs /Suggestions
Lighting locations should
not conflict with
landscaping (to include
long term tree canopy
growth).
Building lighting should be
around perimeter of all sides
and on pedestrian walkways
surrounding the buildings.
Make sure lighting does not
conflict with. landscaping,
especially long term tree
canopy growth.
Provide adequate lighting
around building and pedestrian
walkways. Metal Halide
should be used in all parking
lot areas.
Lighting around loading Provide adequate lighting.
area and dumpster areas not
indicated.
Solutions
Good lighting serves as an
excellent deterrent to
potential criminal activity.
Will also provide visibility
for officers patrolling the
area on the night shift.
Purpose of drop off area not
Provide information detailing
indicated.
the purpose of the drop off
area.
Unknown if circular drive is
Circular drive needs to be one
Will allow better traffic
one way.
way with signage stating same.
flow of vehicular traffic
entering and leaving the
property and prevent
potential traffic hazards.
14
Dumpster enclosure should
Dumpster enclosure should be
To help eliminate
not allow for easy
constructed as to allow natural
concealment of potential
concealment.
surveillance through the
offenders and allow
enclosure.
observation of them.
Stairways in second story
Stairways should be designed
To provide clear and
buildings should provide
in such a way that there are no
unobstructed view of all
open views.
concealment areas.
stairways, and eliminate
potential concealment for
would be offenders.
Building security device.
Buildings should be pre -wired
Alarms serve as an excellent
for alarm systems.
detection and deterrent to
forcible entry.
Details of commercial
Provide visible numbering
Visible numbering system
numbering system not
system which is easy to read
will assist emergency
indicated.
and not obstructed.
services and others to locate
the business in a timely and
efficient manner.
15
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YI
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Date of Report: December 27, 1999
Appointment of One (1) Member to the Board of Trustees Firefighters' Pension Trust
Fund
Subject /Agenda Item
Consider a motion to approve Resolution 4, 2000, inserting the name Dr. Phillip Buttaravoli in
Section 1.
Recommendation/Motion:
Reviewed by:
Originating Dept.:
Costs: $0
Council Action:
Administration
Total
City Attorney
[ ] Approved
Finance
$
[ ] Approved w/ conditions
Current FY
ACM
[ ] Denied
Advertised: N/A
Human Res.
Funding Source: N/A
[ ] Continued to:
Attachments:
Other
Date:
[ ]Operating
Resolution 4, 2000
[ ] Other
Paper:
[ X ] Not Required
Sgbmitted
d t M U
o
Affected parties
[ X ] Notified
Budget Acct. #: N/A
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
Dr. Phillip Buttaravoli's term has expired on the Firefighter's Pension Trust Fund Board. Mr.
Buttaravoli was appointed as the 5th Trustee in September 1997 and is interested in serving an
additional two year term. According to Section 38 -53(a) of the City's Code, the 5th Trustee is
selected by a majority of the other Trustees. After the 5th Trustee has been selected by the majority,
the City Council shall ratify the appointment of that person as a ministerial act. Therefore, the
majority of the Trustees recommends that the City Council appoint Dr. Phillip Buttaravoli as the 5th
Trustee to an additional two year term.
Staff recommends that the City Council appoint Dr. Phillip Buttaravoli to the Board of Trustees
Firefighters' Pension Trust Fund, which term of office shall expire September 18, 2001.
December 27, 1999
RESOLUTION 4, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF
TRUSTEES FIREFIGHTERS' PENSION TRUST FUND OF THE
CITY OF PALM BEACH GARDENS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 175, Florida Statutes, authorizes and governs the establishment of
the City of Palm Beach Gardens Board of Trustees Firefighters' Pension Trust Fund; and
WHEREAS, Section 38 -53(a) of the Palm Beach Gardens Code of Ordinances provides
for appointment of one member to the Board of Trustees by the City Council who has been
selected by a majority of the other four members of the Board of Trustees; and
WHEREAS, the term of the fifth member of the Board of Trustees has expired and the
City Council desires to fill the vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Pursuant to Section 38 -53(a) of the Palm Beach Gardens Code of Ordinances,
is hereby appointed as a member of the City of Palm Beach
Gardens Board of Trustees Firefighters' Pension Trust Fund for two (2) years, which term of
office shall expire September 18, 2001.
Section 2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 2000.
JOSEPH R. RUSSO, MAYOR
ATTEST: APPROVED AS TO FORM AND
LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
CITY ATTORNEY
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 20, 1999
Meeting Date: January 6, 1999
Subject /Agenda Item:
Consideration of Approval: Resolution 5, 2000: ( MISC- 99 -34): Christ Fellowship South Site Plan
Amendment, a request by Dave Gregg, agent for Palm Beach Gardens Christ Fellowship, Inc. to
consider a petition for an amendment to a condition of approval of Resolution 86,1999 for the
existing Christ Fellowship religious facility to extend the date certain associated with condition #
3 of Resolution 86, 1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days
after April 1, 2000 to complete all other site improvements.
Recommendation/Mol
Staff recommends that
Reviewed by:
City Attor ey
Finance N/A
ACM
;ion:
:he City Council qpprove
Originating Dept.:
Growth Management
J
Other N/A Advertised:
Date:
Paper:
Submitte [ x ] Not Required
Growth MWam e i Affected parties
Approved by: I [ ] Notified
City Manager [ x ] Not required
BACKGROUND:
Resolution 5, 2000.
Costs: $_0
Total
$ 0
Current FY
Funding Source:
[ ] Operating
[ ] Other N/A
Budget Acct. #:
Council Action:
[ ] Approved
[ ] Approved w/
conditions
[ ] Denied
( ] Continued to:
Attachments:
Resolution 5, 2000
Resolution 86, 1999
Dec. 15, 1999 memo from
Dave Gregg
[ 1 None
The Christ Fellowship Church is located on a-5.43-acre parcel on the south side of Northlake
Boulevard, west of Military Trail. The site is zoned RL -1 (Residential Low Density -1). The subject
property was rezoned on December 20, 1990 by Ordinance 30, 1990, from Palm Beach County
zoning designation of AR (Agricultural Residential) with a special exception allowing expansion
of Commercial Horse stables to the City's zoning classification of RS -1 Single Family Residential
District with a conditional use for a church and an accessory use of a preschool. On February 7,
1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship
Church, was approved by the City Council.
1
On January 2, 1997, the City Council granted a temporary conditional use approval for the placement
of three modular units at the site with an expiration date of July 2, 1998. The purpose of these
modular units was to help alleviate overcrowding.
In April of 1997 the petitioner requested additional modular units. This request has since been
withdrawn. However, in reviewing this request, the City eventually became aware that the use of
this property had greatly exceeded the scope of the church's original approvals. Therefore, to
resolve the violation of the original Development Orders, petitions CU -97 -04 and SP -97 -03 were
approved in 1999 by Ordinance 34, 1999 and Resolution 86, 1999, to amend the conditional use and
the site plan.
Condition 3 of Resolution 86, 1999 states:
" Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ
Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20,
1997 as amended) or on January 2, 2000, whichever shall first occur, the petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the west.
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the property.
D. Pave all parking aisles per City code.
The purpose of this petition is to extend the date certain associated with Condition # 3 of
Resolution 86, 1999 from January 2, 2000 to April 1, 2000 and to grant an additional 30 days
after April 1, 2000 to complete all other site improvements.
DISCUSSION
A. Land Use and Zoning
The current land use designation for the subject site is Residential Low (RL) with a Residential Low
Density -1 (RL -1) zoning and conditional use for a church. For a complete listing of adjacent uses,
land use designations and zoning districts, see Table I.
B. Concurrency
The project was reviewed and approved for concurrency as part of the original site plan approval
process for the church improvements. The petitioner has also submitted a traffic statement
indicating that the expanded use of the site still meets the County Traffic Performance Standards.
M
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS
EXISTING USE
ZONING
LAND USE
Subject Property
Residential Low Density -1
Residential Low
Church
Conditional Use
(RL)
13.8%
(RL -1)
Parking 200 Spaces
North
Planned Development Area
Residential Low
Vacant
(P.A.)
(RL)
South
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
East
Residential Estate
Residential Low
Single Family Residences
(RE)
(RL)
West
Residential Low Density -1
Residential Low
Church
(RL -1)
(RL)
CONSISTENCY WITH THE CODE Phase 1
Consistent
Code Requirement
Proposed Plan
Yes
Residential Low Density —1
Conditional Use
Church
Yes
Lot Coverage (35 %)
13.8%
Yes
Parking 200 Spaces
201 spaces
Yes
Front Setback: 35'
250'
No *
Side Setback: 38' *
22'
Yes
Rear Setback: 25'
80' (30 feet to the top of the
bank)
Yes
Building Height: 36'
Max. 35'
Yes
Open Space (35 %)
35% not including the grass
parking
* A shed in the southwest corner which will be relocated in Phase 2.
C. Procedure
This request has been classified as a Miscellaneous petition since the development review
processes outlined in Section 118 are not applicable. The changes are greater than can be
approved administratively and less than what would be considered as a major amendment to the
site plan. The City Council has the authority to approve the request, approve with conditions, or
deny the request.
It should be noted that a new ordinance to amend the time frame associated with Ordinance 34,
1999 will be brought to City Council simultaneously with this petition.
D. Project Details
The petitioner is proposing an amendment to the site plan approved by Resolution 86,1999 for the
existing Christ Fellowship religious facility. The amendment is to extend the date certain associated
with condition # 3 of Resolution 86, 1999 from January 2, 2000 to April 1, 2000. Since they now
expect to receive their C.O. for the new sanctuary about April 1, they need an additional 30 days to
complete the conditions on the south campus which are triggered by the Certificate of Occupancy.
The petitioner has stated in the application that the request is necessary due to the fact that the
sanctuary on the north site is about 90 days behind the schedule and will not be ready to receive a
Certificate of Occupancy until April 1, 2000. The following reasons have been indicated by the
applicant for the delay in completion of Christ Fellowship's north site sanctuary:
• Two hurricanes that have delayed site work, parking lot and landscaping.
• Excessive amounts of rain days apart from the hurricanes in 1999.
• Redesigned air conditioning system to a design/build contractor.
• National and regional shortage of drywall materials.
• Unprecedented south Florida building boom resulting in a shortage of labor and materials.
The applicant has submitted a memorandum dated December 15, 1999 with more detail about the
circumstances which have led to the construction delays for the north campus. The City's Building
Department has reviewed this memo. They feel that the reasons cited are legitimate in light of
current South Florida construction circumstances.
E. Issues:
It should be noted that the Christ Fellowship north site has received a Certificate of Occupancy
for the Youth Ministry and the Children Education Buildings. It should also be noted that
conditions 2.A. and 2.13. of Resolution 86, 1999 have been complied with.
Please note that the City Council reviewed petition MISC- 99 -35, Ordinance 51, 1999 on
4
extension. They were quite concerned, however, about the traffic situation on Northlake
Boulevard, especially during Saturday night services. There were safety concerns due to the use
of shuttle buses between the two campuses.
In response, the petitioner met with the Assistant City Manager, the Growth Management
Director, and the Assistant Police Chief to review the current traffic control plan for this project.
The Assistant Police Chief has reviewed the entire traffic control operation for both Christ
Fellowship campuses, including the shuttle bus system. The Assistant Police Chief will provide
a report on this situation at this Council meeting.
RECOMMENDATION:
Staff recommends approval of MISC- 99 -34.
g/short: misc9934.mdoc
/jn
RESOLUTION 5, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 86, 1999 TO ALLOW FOR AN EXTENSION
OF A DATE CERTAIN CONDITION OF APPROVAL
RELATING TO THE COMPLETION OF IMPROVEMENTS
ON THE SITE KNOWN AS "CHRIST FELLOWSHIP ",
WHICH IS GENERALLY LOCATED ON THE SOUTH SIDE
OF NORTHLAKE BOULEVARD WEST OF MILITARY
TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. to amend
Resolution 86, 1999 to allow for an extension of the date certain of condition # 3 relating to site
improvements from January 2, 2000 to April 1, 2000 and to allow 30 days after April 1, 2000 to
complete all such improvements; and
WHEREAS, Christ Fellowship's conditional use was approved by Ordinance 30, 1990, and
WHEREAS, Christ Fellowship's site plan was approved by Resolution 13, 1991, and
WHEREAS, Christ Fellowship's temporary modular units were approved by Resolution 4,
1997, and
WHEREAS, Christ Fellowship's amendment to its site plan was approved by Resolution 86,
1999, and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan and Land Development
Regulations, and
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 an
Christ Fellowship Inc.'s request for an extension of time and amends condition of approval #3 as set
forth Section 3 of Resolution 86, 1999 to read as follow:
Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ
Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20,
1997 as amended) or cn by Tang -M, 2 May 1, 2000, whichever shall first occur, the petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the west.
6
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the property.
D. Pave all parking aisles per City code. (Development Compliance Officer)
SECTION 2. Said approval shall be consistent with documents on file with the City's
Growth Management Department as follows:
1. Development Application stamped November 10, 1999.
SECTION 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED, AND ADOPTED THIS 6`h DAY OF JANUARY 2000.
ATTEST:
LINDA V. KOSIER ,CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
7
r
RESOLUTION 86, 1999
November 2, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 13,1991 APPROVING A SITE PLAN FOR THE
DEVELOPMENT KNOWN AS "CHRIST FELLOWSHIP"
LOCATED ON THE SOUTH SIDE OF NORTHLAKE
BOULEVARD WEST OF MILITARY TRAIL, IN ORDER TO
APPROVE CERTAIN INFRASTRUCTURE
IMPROVEMENTS; PROVIDING FOR AMENDMENT TO
RESOLUTION 4, 1997 TO GRANT A TIME EXTENSION
FOR THE TEMPORARY CONDITIONAL USE FOR
MODULAR UNITS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Christ Fellowship Inc. for an
amendment to the approved site plan and other documents for the development known as "Christ
Fellowship" located approximately 3/4 mile west of Military Trail on the south side of Northlake
Boulevard, as more particularly described in Exhibit "A" attached hereto, to allow the construction
of additional parking and other infrastructure improvements, and to extend the effective date of the
time extension for the modular units, and
WHEREAS, Christ Fellowship's conditional use was approved by the City Council by
Ordinance 30, 1990 on becember 20, 1990, and amended by the City Council by Ordinance 34,
1999 on September 16, 1999, and
WHEREAS, Christ Fellowship's site plan was approved by the City Council by Resolution
13, 1991 on February 7, 1991, and
WHEREAS, Christ Fellowship's temporary modular units were approved by the City
Council by Resolution 4, 1997 on January 2, 1997, and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is sufficient, and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan and Land Development
M.
Regulations.
WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach
Gardens has recommended approval of said petition, with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to Resolution 13, 1991 approving a site plan for the development known as "Christ
Fellowship" located on 5.43 acres approximately 3/4 mile west of Military Trail on the south side
of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto, to construct
drainage facilities, additional parking, and other infrastructure improvements.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to Resolution 4, 1997 to extend the expiration date of the approval granted by that
resolution until the granting of the Certificate of Occupancy for the sanctuary on Christ Fellowship's
new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as
amended) or until January 1, 2000, whichever shall first occur.
SECTION 3. Said approval shall be subject to the following conditions, which shall be the
responsibility of the applicant, its successors and/or assigns:
1. The Conditions of Approval of Resolution 13, 1991 remain in effect. (Development
Compliance Officer)
2. Within 30 days of the adoption of this resolution, the petitioner shall:
A. Remove the 15 parking spaces on the basketball court. (Development Compliance
Officer)
B. Install the new landscaping which is shown on the Phase 2 (Proposed Landscape)
Plan except for areas of the site which are subject to new construction for drainage
facilities. Landscaping in drainage construction areas shall be installed within 30
days of the completion of that construction. (Development Compliance Officer)
3. Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on
Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in
Ordinance 20, 1997 as amended) or on January 2, 2000, whichever shall first occur, the
petitioner shall:
A. Close the access point between this site and the Church of the Nazarene to the
west.
0
B. Complete all non - landscape site improvements and changes.
C. Remove the modular units from the property.
D. Pave all parking aisles per City code. (DevelopmentCompliance Officer)
4. Within 90 days of the issuance of the Certificate of Occupancy for the sanctuary on
Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in
Ordinance 20, 1997 as amended), the petitioner shall tie this project into the public sewer
system. (Development Compliance Officer)
SECTION 4. Construction of said development shall be consistent with plans and documents on
file with the City's Growth Management Department as follows:
1. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0
2. August 5,1999 Future Phase 2 Site Plan (date stamped October 28, 1999) Glen Pate
& Associates, Sheet SP 1.0
3. June 16, 1999 Existing (as- built) Landscape Plan, Glen Pate & Associates, Sheet L -1
4. October 26, 1999 Proposed Landscape Plan, Glen Pate & Associates, Sheet L -2
5. September 4, 1999 Stormwater Management Plan (Church Site), Kenneth H. Kruger,
P.E.
6. September 7, 1999 (date stamp)Conceptual Drainage Plan (Full Buildout), Kenneth
H. Kruger, P.E., Sheets 1 -2
7. August 5, 1999 Future Phase 2 Photometric Site plan, Glenn Pate & Associates,
Sheet ESP 1.0
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OFI_ 1ep(°o,_.�, 1999
JO RUSSO, MAYOR
ATTEST:
LINDA V. KOSIER
BY: &d,%
U
APPROVED AS Tq LEGAL FORM AND
SUFFICIENC .
CITY ATTORNEY
", 10
VOTE: AYE NAY ABSENT_
MAYOR RUSSO J
VICE MAYOR FURTADO ✓
COUNCILMAN JABLIN ✓
COUNCILMAN CLARK ✓
COUNCILMAN SABATELLO ✓
S
11
..�.,� .4 ;:'• -. :Y "` -M i.r,�` '6•`k' - �.�t. s '�.} -fy,i Yrfi�,J +4iP�li'A.9R ..;�. ; ^: y ._- r'i' �.rw: }i.
tOF s,
M emorandum
DATE: December 15, 1999
TO: Jim Norquest — Principle Planner — Palm Beach Gardens Growth Management
FROM: Dave Gregg — Director of Operations — PBG Christ Fellowship Church
In March of 1999, Christ Fellowship Church hired Webb Builders as the Construction
Manager for the North Campus. Our main objective has been to complete the entire
project as expeditiously as possible. We have worked diligently towards the
achievement of this objective. However, with a project of this magnitude, delays are
inevitable. The following items listed are unprecedented events, which caused
hardship and delays in scheduling and management of this project:
1. Two major hurricane events within three weeks of each other, occurring at a very
vulnerable phase of construction. After preparation for each storm, we had to
repair and replace damage to the buildings, site work and landscaping.
2. In addition to the delays resulting from the hurricane preparation and damage,
the site was not operating at 100% storm drainage capacity. This resulted in the
site retaining more storm water than designed and caused additional delays to the
site work, landscaping and parking lot construction. This, combined with the fact
that we experienced higher than average rainfall totals during the 1999 calendar
year, resulted in approximately 30 days of delays caused by weather.
3. Due to mechanical subcontractor bids coming in over budget, we found it
necessary to redesign the air conditioning system from the original plans and
specifications to a design -build concept. This necessary change resulted in a 30-
day delay in scheduling a major subcontractor to commence work. .
4. A national and local shortage of drywall material resulted in at least a two -week
delay due to the unavailability of drywall materials.
5. The event which has caused the greatest amount of delay, is an unprecedented
South Florida building boom, which resulted in a severe shortage of qualified
labor and a shortage of building materials. This shortage of labor encompasses
all phases of construction and results in constant and continuous delays, which
are difficult to measure. However, I would estimate the shortage of labor and
materials have caused this project approximately 20 days of delay.
Memorandum To Jim Norquest
Page Two
6. Elevation modifications to the buildings were applied for on March 31, 1999. After
going through the city council progress, it was approved on June 3, 1999.
During the course of this two -month period, construction of the exterior walls had
to be stopped until counsel approval was received. This represented another two -
month delay in the project.
In closing, we realize delays in construction projects are expected; however the
above listed events are not typical and resulted in delays beyond our control. The
combination of all of these events resulted in this project suffering approximately 90
days of delay in completion of construction. Despite these delays, this project has
continued to progress and is now in the final stages of construction.
13
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Date Prepared: December 20, 1999
Subject/Agenda Item: First Reading of Ordinance 40, 1999, approving staff - initiated
Petition TXT -99 -09 to amend Chapter 98, Landscaping and Vegetation Protection, in the
Code of Ordinances
Recommendation /Motion: Staff recommends approval of Ordinance 40, 1999, amending
City regulations for landscaping and vegetation protection
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Planning & Zoning
[ ] Approved
L
Division
ACM
$
I ] Approved w /conditions
Current FY
Other
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Date: July 14, 1999, for
[ ] Operating
'Attachments:
the Planning & Zoning
1. Ordinance
Commission
( ] Other
2. List of "Key
Person" Interviews
Paper: Palm Beach Post
] Not Required
Submitted by:
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: The staff of the Growth Management Department is requesting to amend Chapter
98, Landscaping and Vegetation Protection, in the City's land development regulations. The intent
of the amendments is to clarify and strengthen the current regulations, which were adopted 12 years
ago in 1987 and with subsequent amendments in 1995.
1
The following is a list of the significant amendments that are proposed:
1. Page 2. Section 98 -1, Purpose and intent. The amendments clarify that the purpose and
intent is to provide standards for installation and maintenance of all landscaped areas.
2. Page 3. Section 98 -2, Penalty. The amendments indicate the penalties for violations, as
allowed by state law, and what constitutes a separate violation.
3. Pages 4. Section 98 -5, Development Application. The amendments to this section enhance
the application requirements for landscape plans. This section allows for the submission of
an Alternate Landscape Improvement Plan that would allow flexibility if the City Council
determines that an alternative landscape plan is an improvement over a plan that complies
with City regulations.
4. Page 9. Section 98 -6, Construction Plan Review. This new section indicates that landscape
plans submitted for building permits shall indicate all existing and proposed utilities and
easements.
5. Page 10. Section 98 -7, Administrative Approval. The amendments clarify what
administrative approvals staff may grant pertaining to landscaping and vegetation
protection.
6. Page 13. Section 98 -36, Board of Zoning Appeals. This section has been revised to indicate
that the Board of Zoning Appeals shall act upon variance applications regarding the
landscaping regulations.
7. Page 15. Sections 98 -66, Minimum landscape requirements for nonresidential development.
The amendments clarify and strengthen the landscaping and open space requirements for
nonresidential projects.
8. Page 19. Section 98 -67, Minimum landscape requirements for residential development. The
amendments clarify the landscape requirements for residential projects and require protection
or relocation of existing trees.
9. Page 20. Section 98 -68, Parking areas. The amendments add a requirement that a landscape
island is required for every nine parking spaces in a row.
10. Page 22. Section 98 -69, Preserve areas. The amendments require a fire safety zone of 10
feet between structures and preserve areas.
11. Page 23. Sections 98 -71, Prohibited plants and invasive nonnative plants. The amendments
clarify that certain prohibited plants shall not be planted anywhere in the City and that certain
invasive, non - native plants shall be removed during the development process.
2
12. Page 24. Section 98 -72, Minimum landscape buffer and planting requirements. This section
has been amended to require wider landscape buffers next to I -95 and the Florida Turnpike;
and to require foundation landscaping next to one -story buildings and multi -story buildings..
13. Page 28. Section 98 -73, Landscaping in public road right -of -way. This new section requires
developers to install landscaping and related improvements in the right -of -way, in
conjunction with development of an abutting parcel of land. Landscaping in the right -of -way
has previously been required as a condition of approval.
14. Page 28. Section 98 -102, Exemptions. The amendments relocate the regulations for
clearcutting trees into a separate section.
15. Page 29. Section 98 -103, Tree and plant installation. The amendments include a
requirement for root barriers for street trees planted within 15 feet of utilities and sidewalks.
16. Page 30. Sections 98 -104, Pruning. The amendments allow pruning of non - native trees if
a City permit is issued.
17. Page 32. Section 98 -105, Maintenance. The amendments clarify the maintenance
requirements for landscaping.
18. Page 34. Section 98 -137, Nonconforming landscaping areas. The amendments clarify the
minimum landscaping requirements for properties that do not meet the landscaping
requirements, such as areas that are annexed into the City.
These proposed amendments are based on staff's experience working with the existing regulations
and on comments received by the City's consultant, Duncan Associates, who has interviewed
representatives of the community and developers regarding the City's land development regulations.
A summary of the persons interviewed is attached and labeled "KEY PERSON" INTERVIEWS.
Comments on the proposed regulations were also received from landscape architects, developers and
the Seacoast Utility Authority.
PLANNING AND ZONING COMMISSION:
Comments from the Planning and Zoning Commission regarding the proposed amendments to the
City's landscaping regulations included the following:
1. Developers should have flexibility in preparing landscape plans that comply with City
regulations.
2. In subsection 98- 72(e), foundation landscaping may not be appropriate everywhere alongside
3
a building. Staff should consider reducing the requirement for foundation landscaping along the
full width of the facade to 75 percent, and allow a percentage of the foundation landscaping to
be covered by a roof overhang.
In August 1999, the Planning and Zoning Commission voted to recommend approval of the
proposed text amendments. The two dissenting voters indicated that subsection 98 -72(e) should be
revised to require less than 100% foundation landscaping next to building facades that abut streets
and parking areas, even though this provision does not require foundation landscaping that would
conflict with doorways, entryways or other building improvements. The dissenting voters indicated
that a 70 -75% requirement for foundation landscaping would be more appropriate.
STAFF ANALYSIS:
Staff has been working with the development community to strengthen and clarify the proposed
amendments since the recommendation from the Planning and Zoning Commission. However,
no major changes have been made to the proposed regulations since that recommendation.
Subsection 98- 72(e), regarding foundation landscaping, has been revised to require foundation
landscaping along the facade of one -story buildings that abut a street or parking area, except where
doorways and other building improvements are located. Staff is of the opinion that foundation
landscaping should be required next to building facades that abut streets and parking areas, except
where a conflict exists with a building improvement. The alternative landscape plan mentioned
above or a waiver allowed by a planned unit development could allow lesser foundation landscaping
if deemed appropriate by the City Council.
Staff has added new regulations allowing for an "Alternative Landscape Improvement Plan." These
regulations allow applicants to submit an alternative landscape plan that varies from the strict
interpretation of these regulations, but which may be determined to be an improvement in proposed
landscaping given the individual circumstances for a particular project
RECOMMENDATION:
Staff recommends approval of the attached ordinance amending the City's land development
regulations regarding landscaping and vegetation protection.
Attachments (2)
GASC \cctxt9909.doc
4
Attachment I
"KEY PERSON" INTERVIEWS
I. Individuals Interviewed
A. Community Representatives
Paul Angelo
Ken Blair
Tara Brown
Joel Channing
Siro DeGasperis
Nancy Graham
Rick Greene
John Glidden
Henry Skokowski
Larry Smith
Joe Russo
B. City Palm Beach Gardens
Richard Diamond
Roxanne Manning
Kim Glas
Mark Hendrickson
II. Summary of Interviews
(Summary of interviews begins on the following page)
i
I
"KEY PERSON" INTERVIEWS
Summary
City of Palm Beach Gardens
May 25 -26, June 3, and June 14, 1999
1. Decisions: provide criteria and standards to guide City commission decisions for planned
unit developments, PCDs, architectural guidelines, etc.
2. Compliance by City: require City to meet all code requirements for all City - initiated
construction, landscaping, etc.
3. City/resident/development industry: enhance cooperative efforts, such as evidenced
during review /approval of office building at entrance of PGA national
4. Appearance: enhance /increase esthetic controls to assist in maintaining City standards and
reputation
S. PGA Boulevard: provide City specifications and details for brick and paver accents,
sidewalks, lighting, etc.
6. Neighborhood planning initiatives: ensure land development regulations reflect any
concrete action taken by City
7. Provide general architectural guidelines
I . avoid specific architectural styles
2. use of "pattern books" to identify desirable architectural elements to utilize in design
and review of proposed buildings
3. require use of specific types of elements (windows, entries, roofs, details, etc.)
4. encourage compliance with architectural standards without eliminating flexibility in
design
5. human and pedestrian scale
6. pedestrian orientation, including wider (6 - 8 feet) sidewalks, and on /off site pedestrian
linkages
7. require perspectives /elevations on all four sides — avoid design features that may not
be compatible
8. building orientation on lot - entry to face major pedestrian/vehicular access ways
9. avoid buildings with "back" to pedestrian/vehicular areas
10. reduce parking in front of buildings
11. prohibit glass curtain walls
12. specify general types of materials for building facades, roofing, and window materials
13. clarify process to ensure architectural requirements of an approval are reflected in
plans submitted to and reviewed by building division
14. ensure field changes do not change architectural elements /style required by approval
15. require affidavit on building plans that the "permit set" of plans are consistent with all
architectural requirements
-1-
16. will buildings undergoing renovation be required to undergo architectural review
17. suggested elements of residential architectural standards include no garages facing
primary streets, narrow streets, extensive use of traffic calming devices, use of on-
street parking, sidewalks 6 - 8 feet in width, reduce front setbacks, consider reduction
in side setbacks for certain types of units, and allow maximum flexibility for design
consistent with adopted standards
8. Enhance/increase building - related esthetic controls:
I . equal architectural treatment on all sides
2. big box retail - retain maximum size limitation of 50,000 square feet — especially along
PGA Boulevard
3. big box retail — too much parking, consider use of structured parking
4. convenience stores: strengthen design and related criteria
5. ensure protection of residential uses abutting nonresidential projects
6. ensure screening of ground- and roof - mounted mechanical equipment on all four
sides
7. avoid use of standard corporate designs, colors, architecture, etc.
9. Improve overall format:
I. tables
2. graphics
3. better print style
4. more "white space" in text
5. less repetition of same information (consolidate similar requirements)
6. better table of contents
7. index
10. Process and Applications:
I . difficulty in receiving timely response from City consultants
2. overall process comments favorable or neutral, but time necessary to obtain approval
was mentioned
3. ensure applications show all easements, utilities, paving drainage, etc.., and impact on
landscaping, open space, and natural preserve areas
4. allow concurrent processing of small scale land use /zoning/site plan applications
5. too much subjectively, any means to reduce subjectively or to increase use by right
projects subject only to code requirements
6. clarify definition of "significant change" in PUD section
7. clarify procedures for administrative changes versus changes to be granted by City
Council
8. eliminate reference in code to SP&ARC — responsibilities now handled by P&Z
9. why does administrative approval process allow a reduction in the number of
required parking spaces without seeking a variance
10. how to assign the appropriate zoning district, for comparison purposes, for
PUDs/PCDs when there are more than one implementing districts
11. how to establish general criteria for waivers, including compatibility, lack of adverse
impact, no major increase in square footage, no loss of compatibility with adjacent
Ma
properties, similarity of project with adjacent properties, no drainage impacts, etc.
12. require pre - application meetings with all public and private agency representatives, for
projects of a certain size
I I. Concurrency Management
I . allow for separate submission of traffic studies outside of City's concurrency
management program
2. allow utility capacity reservation fees to be paid following City commission
approval, rather than as part of overall application
3. consider use of an overall TCEA for much of City along the PGA/Alternate
AI Military Trail/Turnpike corridor
4. clarify how "priority" or "standing" is determined for an application, especially
as it relates to traffic approval
5. ensure LOS standards in code accurately and clearly reflect comp plan
12. "Use ItAose It"
I . "use itllose it" provisions are too tight, provide better or more liberal extension
criteria
2. allow reduction of use Mose it threshold from current 100% monitoring to
termination of monitoring once a project is 75 - 80 % completed
3. should new regulations apply to unbuilt portions of a PUD/PCD
4. enhance overall monitoring process and review by City Council
13. Uses:
I . eliminate "mega" uses from residential zoning districts (churches, schools, etc..)
2. home occupations OK — ensure minimal neighborhood impact, ensure land
development regulations sufficient to minimize impacts, and especially no commercial
uses in residential zoning districts
3. treat uses with similar characteristics the same (such as furniture making/carpentry)
4. provide standards for both standard and multistory, limited access self service storage
facilities
5. provide standards for extended stay hotels
6. mega- churches — require certain % of parking be grassed
7. private schools — ensure adequate pick up /drop off facilities
8. nonresidential accessory sales OK as long as there is no visible advertising
9. are convenience stores an OK uses, especially with buffering, architectural controls,
and sign controls
10. prohibit big box users along PGA Boulevard
11. do CLFs provide more demand on City services, and should there be some form of
adjustment in impact or service fees
12. prohibit "large scale" churches, more than 500 seats, in residential zoning districts
13. can we differentiate between "standard" retail and "auto - oriented" retail such as fast
food restaurants, stores with drive -in windows, etc.
14. prohibit drive -in /drive - through facilities along major corridors
14. Incentives
. can or will the City allow for architectural design to be a reason for granting an
91
increase in density
2. can or will the City allow for a reduction, via shared parking, in parking as an incentive
for better architectural design
15. Planned unit developments:
I . general consensus to maintain in land development regulations
2. retain flexbility as currently practiced
3. PUDs: retain flexibility — do not openly compare to most similar straight zoning
district
4. if necessary, establish overall development requirements within the PUD district
5. determine nature of "underlying" zoning district
6. determine if PUD to remain a separate zoning district
7. what are permitted uses in PUD with no site plan approval
8. what is implementing district for PDAs
9. Planned unit developments — what are underlying permitted uses
10. consider establishment of overall property development regulations for PUDs if
retained as a separate zoning district
11. consider establishment of overall setback requirements for PUDs
12. allow community serving retail /commercial /personal service uses within PUDs as long
as not located along major thoroughfares
13. ensure City Council is granted authority to grant dimensional and non - dimensional
( parking 4oadinVandscapingAighting) waivers within PUDs
14. allow easier transfer of density between pods of an approved PUD
15. encourage use of multiple vehicle access points for PUDs — and perhaps change traffic
concurrency rules to encourage enhanced traffic flow even if certain vehicular access
points violate or "trip" LOS standards
16. PCDs/PDAs
1. PCDs — retain flexibility, but ensure individual parcels always are consistent with
overall master plan
2. PCDs — ensure individual parcels are not considered Planned unit developments for
purposes of processing
3. waivers: clarify what type of waiver (e.g. waiver of application requirement or waiver
of development standard) and ensure such requests do not automatically require
approval of waiver prior to consideration of entire application
4. provide specific standards for substantive waivers in PCDs
5. consider establishment of overall property development regulations for PCDs if
retained as a separate zoning district
6. PCDs: how are changes to master plan /parcel plans to be accommodated — waiver
or variance
7. encourage use of multiple vehicle access points for PCDs — and perhaps change traffic
concurrency rules to encourage enhanced traffic flow even if certain vehicular access
points violate or "trip" LOS standards
8. provide underlying uses and regulations for areas zoned PDA
9.
-4-
17. Mixed uses:
I .
enhance and encourage this concept
2.
avoid too much specificity, such as mandating minimum building heights or mandating
percentages of uses
3.
is comp plan language too detailed and too restrictive
4.
consider use of performance standards, such as internal trip capture, minimum % of
different users, internal circulation, pedestrian circulation, horizontal and vertical
integration of uses, compatibility, etc.
5.
need to establish overall property development regulations such as floor area ratio, lot
coverage, setbacks, stepbacks, height, lot size, etc.
6.
how to calculate land use percentages in current City requirements, especially when
structures are more than one floor
18. Zoning
districts:
I .
consider increase in building height — from 35' to 45' - to allow higher ceilings for 21
and 3' floors
2.
retain roof height measurement at '/z of roof elevation (between eave and ridge)
3.
reduce retail building separation from 12' to 10'
4.
eliminate curbing requirement for residential parking medians
5.
reduce rear setback requirements for dwelling units abutting a permanent common
areas such as a lakes, canals, preserves, recreation areas, opens space, etc.
19. Landscaping
.
retain strong standards, strengthen where necessary
2.
retain point system
3.
"truth in planting" to accurately show type/size/location of materials at planting —
would be OK to have another submittal showing materials after 3/5/7 or other period
4.
increase requirements for height/size of materials at planting
5.
how to accommodate seasonal/temporary shortages of acceptable materials
6.
how to accommodate change in/substitution of species
7.
retain 60' view corridors as means to reduce potential for unwanted pruning
8.
how to accommodate CPTED concepts into landscape plan
9.
overall land requirements resulting from parkway and upland set asides are somewhat
excessive, and density /intensity credit should be granted when such land area is
provided
10.
use of meandered sidewalks in corridors
11.
too much material required — results in future problems /mortality of materials
12.
eliminate or reduce multiple use of designated landscaping areas for underground
utilities, drainage, overhead power lines, and other uses which adversely affect
ultimate health of materials
13.
encourage use of larger sizes of materials when landscaping is planted
20. Environmental:
I .
is definition of "quality upland preserve" too broad — especially as it relates to land that
can be returned to a natural state — and as definition affects 25% set aside
2.
how to accommodate 25% set aside parcels that may become isolated
-5-
3. how to use TDR concept for transfer of money or land outside of parcel affected by a
zoning petition — especially sending area/receiving area
4. standards for In lieu" payment/land dedication — especially if natural areas are different
(piney flatwood versus wetlands)
5. ensure 25% set aside is defined as "best" available land
6. concern if 25% set aside is too much property — especially with all other
requirements such as drainage
21. Parking:
I . parking ratios in shopping centers should be clarified as to overall method of
calculation, especially for separate or freestanding uses such as restaurants
2. consider use of shared parking provisions for complementary land uses
3. consider use of off -site parking provisions, especially when committed to a
4. long term lease /contract (25 years)
5. increase minimum parking requirements for medical uses
6. consider allowing valet parking — ensure that adequate circulation exists prior to
approval
7. eliminate use of "number of employees" in calculation to determine overall parking
requirements
8. consider allowing use of reserved parking
9. are guest parking requirements sufficient
22. Lighting.
I . need for overall control of site lighting
2. do not require excessively detailed site lighting plans at application
3. include soffit, roof, security, pole- mounted, landscape, building mounted, etc.., lighting
plans
23. Signs:
I . retain current limits
2. review "by right" sign requirements
3. determine how to accommodate current nonconforming sign removal criteria
24. Nonconformities: Amortize existing nonconforming uses or have them come into
compliance — subject to an overall schedule
25. Medians/R -O -Ws:
I . ensure planned unit developments and other City commission actions provide
sufficient direction for developer/POA maintenance responsibilities
2. consider in -lieu payment to City on annual basis
3. consider MSTU/similar district to pay for maintenance of public R O -Ws
26. Floor area ratio: consider as part of property development regulations to limit intensity
27. Accessory uses: retain prohibition against freestanding sheds
28. WCI /City: what happens if City- approved plan is different than a WO-approved plan
29. Good/bad projects:
. good — PBG Community Center, Stiles building, Toys R Us,
2. bad —PGA medical office building at west end of Gardens Mall, Mil -Lake Plaza &
Sunny Plaza (both straight zoned)
in
30. General appearance requirements:
I . retain current code enforcement provisions
2. retain language re parking of boats, trucks, rec. vehicles, etc., in residential zoning
districts — educate community as to property value benefits of enforcement
3. City should maintain and enhance code enforcement activities
31. Building Codes
I . will new state building code have an adverse impact on redevelopment of existing
buildings /structures
keypersons. I
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December 23, 1999
ORDINANCE 40, 1999
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
ADOPTING AMENDMENTS TO CHAPTER 98, LANDSCAPING AND
VEGETATION PROTECTION, OF THE CITY CODE OF ORDINANCES BY
AMENDING: SECTION 98 -1, PURPOSE AND INTENT; SECTION 98 -2,
PENALTY; SECTION 98 -4, APPLICATION AND PERMIT REQUIRED;
SECTION 98 -5, DEVELOPMENT APPLICATION; SECTION 98 -6,
CONSTRUCTION PLAN REVIEW; SECTION 98 -7, ADMINISTRATIVE
APPROVAL; SECTION 98 -36, COMMITTEE OF ADJUSTMENTS,
SECTION 98 -37, LAND CLEARING PERMIT; SECTION 98 -66,
NONRESIDENTIAL DISTRICTS; SECTION 98 -67, RESIDENTIAL
DISTRICTS; SECTION 98 -68, PARKING AREAS; SECTION 98 -69,
PRESERVE AREAS; SECTION 98 -71, PROHIBITED PLANTS; SECTION
98 -72, PLANTING; SECTION 98 -74, LANDSCAPING IN PUBLIC RIGHTS -
OF -WAY; SECTION 98 -102, EXEMPTIONS; SECTION 98 -103, TREE AND
PLANT INSTALLATION; SECTION 98 -104, PRUNING; SECTION 98 -105,
MAINTENANCE; SECTION 98 -107, CLEARCUTTING OF TREES;
SECTION 98 -137, NONCONFORMING USES; SECTION 98 -138, MINIMUM
LANDSCAPE REQUIREMENTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, after receiving input from community and City representatives, the City's
Growth Management Department recommended amendments to Chapter 98 of the City Code
of Ordinances designed to clarify and strengthen the City's Landscaping and Vegetation
Protection Regulations; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed amendments
during the course of a duly - authorized public hearing and made certain recommendations to
the City Council; and
WHEREAS, in accordance with the requirements of Chapter 166, Florida Statutes, the
City Council reviewed the proposed amendments and the recommendations of the Planning
and Zoning Commission during the course of a duly- advertised public hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. In order to improve and enhance the quality of development in the City and
to protect and enhance native vegetation in the City, Chapter 98, entitled Landscaping and
Vegetation Protection, of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is
1
hereby amended to read as follows (new text is underlined and text to be deleted is struck through):
ARTICLE I. IN GENERAL
Sec. 98 -1. Purpose and intent.
(a) The purpose and intent of this chapter is to protect, preserve, and enhance the natural
environment and beauty of the city by creating minimum standards for installing and maintaining
landscaping and for vegetation protection. Landscaping that meets these standards will:
(1) Improve and sustain the aesthetic appearance of the city.
(2) Improve air and water quality by such natural processes as transpiration and the
maintenance of permeable land areas for aquifer recharge and surface water filtration.
(3) Buffer noise and reduce pollution through the filtering capacity of living trees and
vegetation.
(4) Promote energy conservation through:
a. The creation of shade which reduces heat gain in or on buildings and paved
areas; and
b. The channeling and control of breezes to facilitate the natural cooling of
buildings.
(5) Reduce erosion by stabilizing the soil.
(6) Provide habitat for urban wildlife and a planned transition of the city's green space
and open space to the city's conservation areas.
(7) Conserve freshwater resources through the use of drought - tolerant plants and mulch,
promoting the planting of less sod and water efficient irrigation systems.
(8) Provide a visual buffer between otherwise incompatible types of land uses.
(9) Increase the economic value of land by serving as a capital asset when properly
incorporated into site design.
(10) Provide for the public health, safety and welfare.
(b) In order to fulfill these goals, this chapter establishes the following:
(1) Procedures to evaluate new landscape plans and existing vegetation protection plans
using:
a. Minimum standards for new landscape installations;
b. Minimum standards for the preservation of existing vegetation; and
C. A ,dcquatA General standards for landscape maintenance.
(2) Procedures for administration and enforcement of these standards.
(c) The provisions of this chapter shall be considered minimum standards and shall apply
to all development, as defined in Section 78 -2.
2
Sec. 98 -2. Penalty.
(nl ThP (^'n(1P FnfnrramPnt Rnnrrl hoc inriorlirtinn to cmrcnoP a fine in the minimccm �nm of
4ts00 nn rcPr Aln Pnrh A—T the rnnoti litinn n --rntP nffanoP nrl
nnv nPronn cvhn vinlntPO the rcrnviccnno of this rlhantar
(a) Violations of this chapter shall be enforced as provided in Section 2 -238 of this code.
(b) Failure to comply with the requirements of this chapter or any permit or approval granted
or authorized hereunder shall constitute a violation of this chapter. Each of the following shall
constitute a separate violation:
1. Each square yard containing a tree, shrubbery or groundcover which is destroyed,
removed, cleared or grubbed without a permit;
2. Each tree, shrub or groundcover which is not properly installed, protected or
maintained as required by this chapter or development order;
3. Each tree which is abused or improperly pruned (hat racked), as set forth in this
chapter.
(bc) In addition to any other remedies provided in this chapter, the city shall have the option
of pursuing civil actions in a court of competent jurisdiction for violation of any provision of this
chapter or any special condition which may be imposed in a permit or other development order.
Sec. 98 -3. Approval required.
Unless otherwise provided within this chapter, no land shall be landscaped, cleared or
grubbed within the city unless written permission is first obtained by site plan approval and a permit
as outlined in this chapter. Furthermore, no tree, except as provided for in this chapter, shall be cut
down, destroyed, removed, or effectively destroyed as a result of damaging the tree or changing the
natural grade within the drip line of a tree, without first obtaining site plan approval and a permit.
The city grants permission to remove, add to, relocate, or plant vegetation on land within the limits
of the city through a procedure that requires an application and permit as described in section 98 -4.
With the exception of sections 98 -33 and 98 -105 property owners of developed single- family lots
and duplex lots are exempt from the provisions of this chapter. Approved landscape and tree
protection plans may not be altered in any way, unless otherwise provided for by this chapter.
Sec. 98 -4. Application and permit required.
(a) Any person whe ' "wants applying for a site plan approval and des;rPs requesting to
landscape or clear existing vegetation, grub, or remove (destroy) a tree or in any way alter existing
plant communities or alter previously - cleared land shall submit a complete development application
to the city mn »ortbAr �„s Growth Management Director or designee. Applications are available at
the planning and zoning division dcpa -tmcnt_.
(b) If a change to an approved landscape plan is needed by the landowner or agent, an
amendment to the development application, specifically the landscape plan, shall be filed with the
city and approved by the city.
(c) Each development application and amendments, including changes to the landscape plan,
shall be accompanied by a fee imposed by the City Council.
(d) Each permit for the clearing of property shall be accompanied by a fee imposed by the
city council.
(e) Prior to any application work or permit, the planning and zoning division department or
the city forester shall make their services available for review or inspection of the site, provided there
is at least seven working days' notice thereof. The intent of the preapplication inspection is to
identify specific areas of concern and protection in order to plan for tree protection, relocation,
grading, drainage, building location, and road alignment prior to preparation of site plan submission.
Sec. 98 -5. Development application.
(a) Any person who does not have a site plan or landscape plan approval pursuant to section
98 -3 and who desires to clear vegetation, plant vegetation, grub, or remove (destroy) a tree or in any
way alter a plant community or previously cleared land shall make a written development application
to citl monnbPr c, h_s the Growth Management Director or designee.
(b) The following actions require approval from the city council or other duly authorized city
board or committee and will only be reviewed upon submittal of a development application and
other necessary information:
(1) Installation of new landscaping, land clearing, site vegetation grubbing, or removal
of trees or other vegetation as proposed by either a site plan, PUD, PCD or DRI.
(2) Clearing, grubbing, or removing trees or plants for the expansion of a permitted use
within a particular land use or zoning district.
(3) Making major changes (those changes that have been deemed not minor by the City
manager Growth Management Director) to the landscaping or preserve area within
a previously approved site development plan to the extent that plant quantity
n- it ntitiPo or design is affected.
(4) Changing the landscape area or preserve area of an approved site plan due to
restraints, conflicts or conditions put on the applicant or agent by the state department
of transportation, a utility company or a governmental agency with multi
jurisdictional authority prior to starting work.
(c) Evaluation of the development application will be based upon the application package
4
prepared by the property owner or his designee. A preapplication field inspection by the city forester
is available. The application package shall include, but shall not be limited to the following
information:
(1) The development application, which is available in the planning and zoning division
AaP rt=nt, and fee, if applicable. The application shall include any requested
waiver from this chapter, in writing, with the specific section noted and a justification
of the waiver request.
(2) Location map, including but not limited to location within the city, the nearest road,
and water bodies.
(3) Vegetation and habitat map. A drawing to scale or aerial photo to scale of the
site that maps the existing terrestrial and aquatic vegetation and significant wildlife
habitat, including exotic invasive species and native plant communities at the same
scale as the site plan:
a. Within the plant communities, the location of all three -inch caliper trees or
greater.
b. Location of large groups of trees in close proximity can be designated as
clusters within predominant communities if approximate tree count and the
largest and average caliper in the cluster is indicated on the map; using plot
samples to acquire this information is acceptable.
C. A description of each plant community, including species within the canopy,
understory and ground cover and a written statement to indicate the proposed
removal, relocation or preservation of all or part of such community.
d. Soil types and conditions.
e. A drawing to scale or aerial photo to with scale that maps the species,
location or possible location of any federal- or state - listed endangered,
threatened or species of special concern (plant or animal), and a written
statement to indicate the proposed removal, relocation, or preservation of all
or part of the habitat at the same scale as the site plan (see chapter 102
pertaining to natural resources and environmentally significant lands).
f. Archaeologically, historically, and/or geologically important features found
on site.
g. Areas of previous alteration or degradation including present and past human
use should be indicated on a map or aerial photo at the same scale as the site
plan.
h. Surrounding landscaping or plant communities within 50 feet of the property
line.
Protected trees, as designated by the city council, will be located on a survey
map signed and sealed by a registered surveyor. This survey will be used in
5
the project design to help protect the trees through the planning stages of
development.
j. Data table with specific values for acreage of each plant community broken
down also by total upland and wetland areas before and after land alteration.
(4) Project design plan.
a. Site plan showing proposed buildings, roadways, parking areas, existing
utility easements, dumpster enclosures, water features, flood control
structures, backflow preventers, wellfield locations, stormwater systems,
landscaped areas, buffer areas, preserve areas and other open space areas at
the same scale as an overlay of the vegetation map. A series of site plan or
landscape plan sheets may be required in order to indicate sufficient detail.
b. Elevation (contour) or grade maps for the existing grades and proposed grades
at the same scale as the vegetation map. All berms, swales, detention and
retention areas shall be indicated on the landscape plan.
C. Mitigation proposals as they relate to loss of wetlands or actual occupied
habitat of endangered, threatened species or species of special concern for
plants and wildlife.
d. Detailed landscape plan. All landscape plans except individual single - family
and duplex lots, or areas of one acre or less which are required by this chapter
shall bear the seal of a landscape architect licensed to practice in the state or
be prepared by another licensed professional authorized to prepare landscape
plans by F.S. § 481.301 et seq. (Landscape Architecture). Detailed landscape
plans shall include but not be limited to:
1. Clearly delineated and keyed landscape areas, square footage of open
space and impervious areas, landscape materials with specifications,
such as caliper, height, species name, size and the like, and quantities
to be used.
2. Data table with specific values for trees, shrubs, sod, specimens
(justifications why a species should be considered a specimen),
palms, clearly delineated and calculated open space points per 100
square feet for the total project, percent of open space that is
preservation area.
3. CY °c ;flc°tions Description of hardscapes (nonliving landscape
materials) including heights, widths, type, and location of all barriers
including, but not limited to, gravel (stone), concrete (pavers), clay
products (brick), decks (wood), vertical walls and fences.
6
4. See landscaping requirements in Chapter 110, entitled Signs.
5. Landscape plans may be required to have typical aerial view drawings
or cross - section details of any proposed perimeter buffer area, road
right -of -way, or lot landscaping.
6. Landscaping shall be shown as an overlay of the site plan including
all new trees, shrubs, grass, open areas, preservation areas and
hardscapes. All landscape plans shall depict existing trees or areas of
existing trees to be protected or relocated during construction.
Landscaping symbols representing new trees shall indicate the
canopy spread of the trees at the time of planting, to the greatest
extent possible. A future canopy spread at five years after planting
may be depicted for illustration purposes only, and shall be a separate
landscape plan. Landscaping depicted in any building elevation or
rendering shall accurately correspond to the landscape plan and shall
depict the landscaping at time of planting.
7. A plan (narrative) to eradicate and prevent the reestablishment of
prohibited plant species listed in subsection 98- 71(a).
8. Landscape plans may be required to have typical aerial view drawings
and/or cross section details of any proposed littoral planting zones as
referenced in section 98 -106.
9. Landscape protection measures, such as curbing and wheel stops,
shall be shown on the landscape plan.
10. Location of all temporary trailers and sales centers.
11. Landscape plans shall indicate all overhead lighting.
e. Conceptual irrigation system plan, including main lines, backflow preventer,
and water source. Also refer to subsection 98- 72(g)(2) for more information.
f. Alternative Landscape Improvement Plan.
1. Applicants shall be entitled to demonstrate that the intent of this
chapter can be more effectively met, in whole or in part, through an
Alternative Landscape Improvement Plan. An Alternative Landscape
Improvement Plan shall be reviewed as part of the development
review process and, if approved, shall be substituted, in whole or in
part, for a landscape plan meeting the express terms of this chapter.
7
2. The applicant shall provide an Alternative Landscape Improvement
Plan which clearly delineates and identifies the deviations from any
of the minimum landscaping standards in Article III of this chapter,
and the proposed landscape design or designs that make the
alternative plan better than a plan that would meet all the
requirements of this chapter. The Alternative Landscape
Improvement Plan shall be labeled as an "Alternative Landscape
Improvement Plan."
3. In reviewing a proposed Alternative Landscape Improvement Plan,
the City shall give favorable consideration to exceptional landscape
designs which attempt to preserve and incorporate existing native
vegetation, in excess of minimum standards, and plans that
demonstrate innovative design and use of plant materials for
foundation landscaping, to buffer incompatible land uses, and to
resolve landscape conflicts with utilities.
4. The City shall not approve an Alternative Landscape Improvement
Plan if it:
(a) Results in planting or preservation of fewer trees than the
minimum number required by this chapter; or
(b) Is not an improvement over a landscape plan prepared in strict
compliance with the other standards in this chapter; or
(c) Is otherwise inconsistent with the intent of this section to encourage
exceptional or unique landscape design.
(5) Project operations.
a. Description of construction methodology to be performed on site, including
use, storage, handling or production of substances known to be harmful to
plants any? /or wildlife.
b. Description of any anticipated soil, water, or air pollution produced or
generated by the project and known to be harmful to plants and!or wildlife.
C. Description of the project phasing. Any project that will require multiple
building permits due to the methodology or construction sequence caused by
off -site improvements, staging building by building, increasing square
footage, restructuring finances or changing market strategies will be
considered phased. There shall be a narrative and/or map depicting the
projected phasing submitted that describes when areas will be cleared and
landscaped.
8
(6) Prior to approval, revised site plans shall be accompanied by a written description of
all changes made since the last site plan review.
(7) After approval and prior to any city permit, the site plan shall have all conditions of
approval located on the site plan, and this information will be available on the site
during construction. A reduced copy shall be provided to the city clerk's office for
attachment to the respective ordinance or resolution documents.
Sec. 98 -6. Construction Plan Review
(a) Any person applying for a building permit or requesting review and approval of a
construction plan that is based on a City- approved site plan or any other plan which
contains proposed landscape improvements shall submit a landscape plan and irrigation
plan with the construction documents for a building permit.
(b) Landscape and irrigation plans submitted for a permit shall not be conceptual.
(c) Landscape plans shall indicate locations of all water, sewer, cable, electric, telephone,
drainage (including catch basins and detention or retention areas) or other above ground
or underground service. Backflow preventers, transformers, gas lines, all underground
tanks and anything that conflicts with the installation of proposed landscaping shall be
indicated on the landscape plan.
(d) If utility or drainage easements are publicly recorded, prior to construction plan
permitting, they shall be indicated on the landscape plan. Otherwise, a maximum of five
feet of a required buffer may be overlapped by a utility easement or encumbered by a
utility not in an easement, provided that a minimum of five feet of the required buffer
remains free and clear of any overlap for the plant material installation.
(e) Utility or drainage easements that overlap or transverse buffers and any other open space
containing landscaping may be permitted with written permission of the easement
holder, prior to construction plan approval.
(f) If for any reason minor changes, as defined in Section 98 -7 of this chapter, occur in the
landscape plan submitted for a building permit, an administrative approval shall be
required. Minor landscape plan changes should not affect the permitting of a project.
Major changes could delay a building permit application or require formal approval by
the Site Plan and Appearance Committee, Planning and Zoning Commission or the City
Council, as determined by the Growth Management Director or designee.
Sec. 98 -67. Administrative approval.
(a) The following actions may be approved by the city mµnabar Growth Management
9
Director or his designee upon request for a permit. Administrative approvals may include conditions
of approval, as deemed necessary to meet the intent of a development order.
(1) Clearing, grubbing, root pruning or removal and relocation of trees or other
vegetation pursuant to an approved site plan or other development order. No
vegetation clearing will be permitted until a .x ;,±An land clearing permit is issued and
the permit fee is paid. nr n +11PYl,,,OP nPYm1+}P/l ;„ +11io '1 nt" -
(2) Removing and replacing dead, diseased, damaged, or insect - infested vegetation,
A±Arr ; "nf;�- s n„„rn\P� including trees if ouch d i a by +1,P i its, fn YP O +PT
(3) Removing or relocating vegetation, including trees, that are a hazard to existing
_A;±'1a PcPmt rbuildings ^r ,_ +-in v� ___ _ - - � utilities, infrastructure or within a
road right -of -way. if such
,'1Prf-m n+ nY „„111 ;n ,,,nrlry r1-rtmPnt
(4) Removing and n_— !acing vegetation, including trees due *_^ a that
may cause a health or safety problem. ;f onil o „ „rn�,Prl
11v t11P �i +v fnYPO +Pr 1lnilrlinrr !1P „artmPnt and n ;+c, Pnrr ;nPPr
(5) Minor alterations or changes to approved landscape plans or to existing landscaping
(if an approved landscape plan is not on file with the City) within all districts to
improve or remove proposed or existing landscape as
manager. Minor alterations shall be defined, in most cases, as a change of type,
quantity, or location that affects up +.^ not more than a combined total of 25 percent
of shrubs, groundcover, palms or 25 cf rPn fired trees on a site.
Developers shall submit construction plans that are consistent with the approved
landscape plan of record. The City recognizes that adjustments to approved
landscape plans may be necessary, due to changes to utility locations or due to plant
material availability. Minor changes, as described above, shall be approved by the
Growth Management Director or designee and properly documented in City records.
(6) Installations of fences, if no expansion of an existing or proposed use is intended.
(7) Temporary landscaping (landscaping other than what was originally approved), if it
does not result in the removal of native vegetation.
(b) Evaluation of the permit to amend a landscape plan administratively shall be based upon
the information prepared and submitted to the city by the property owner or his designee. A field
inspection by the city forester is available. The submittal shall include but not be limited to the
following information:
(1) Location map of the property (a current legible aerial photograph or a drawing to
10
scale).
(2) Existing vegetation inventory map and landscape plan for all changes.
(3) Location and description of all proposed changes.
(4) Reasons /rationale for the proposed changes.
(5) Replacement schedule, if applicable.
(6) Site plan data revision, if applicable.
(c) Administrative approval will be granted or denied within 15 working days from the time
a complete application is submitted to the c;±- mnn—ar Growth Management Director or #is
designee.
(d) Administrative approval shall not allow for the installation, removal or reduction of
landscaping or open space to a degree that would otherwise require the approval of a variance
application.
(e) The Growth Management Director or designee may administratively approve one or more
amendments to an approved landscape plan if the amendment affects no more than a cumulative total
of 25 percent of the landscaped area. However, the Growth Management Director or designee may
determine that a request for an administrative approval may require formal review by the City.
ARTICLE II. ADMINISTRATION
Sec. 98 -31. Stop work order.
A stop work order for all construction or any part of construction work shall be issued by the
building division dPY?rtmcnt if grubbing, clearing, preservation, excavation, landscaping, or pruning
work is proceeding in direct conflict with this chapter or an approved site plan, landscaping plan or
construction plan.
Sec. 98 -32. Certificate of occupancy.
A certificate of occupancy shall not be issued by the building division if
landscaping does not comply with the approved landscape plan of record under this chapter. The
building official or h;s designee shall have a certified or signed landscape plan or document by the
landscape architect of record verifying that landscaping for nonresidential projects has been installed
as per the approved landscape plan. Residential projects require landscape architect verification
before each phase is complete. This verification includes the species (quality, type, quantity, and
any other original plant specifications), design or location, irrigation, and all other landscape
structures and material used in accordance with the site plan. The city's landscape inspector will
review the project for compliance after the documentation has been received from the landscape
architect. Any deviation from the approved landscape plan will be relayed to the b!_-;I-din- 7D ^f4 C ;a
n„A 04., manafrAr Growth Management Director or designee for further review prior to the issuance
of the certificate of occupancy. If landscape deviations cannot be corrected prior to the certificate
11
of occupancy, a letter of credit or bond shall be posted by the owner, general contractor, or principal
for the remaining work to be accomplished.
See. 98-33. Compliance.
(a) Failure to install, maintain or preserve landscaping or native vegetation required in
accordance with the terms of this chapter shall constitute a violation. If the owner, tenant, or agent,
including owner associations, jointly or severally, shall fail to meet the requirements of this section
or if the existing trees, shrubbery, grass, or ground covering shall be permitted to die, either
intentionally or unintentionally, and such shall not be replaced by such persons of the real property
involved within 30 days of the event occurring, the city forester and/or a code enforcement officer
shall notify, in writing, the person responsible for the maintenance or replacement of such to comply
with the requirements of this section within 30 days from the date of delivery of the notice. The 30-
day rule for compliance may be extended when necessary by the city manager or his designee to
recover from acts of nature such as a hurricane or a freeze.
(b) The approving entity shall require that landscaping or habitat be replaced or relocated
where practicable or feasible to comply with the requirements of this chapter.
(1) Protected tiPPO' Trees having a three -inch or greater caliper, which are to be replaced
on the same site shall be replaced by the sum of three caliper inches to every one lost.
Replacement trees shall be a minimum of three inches in caliper.
(2) The city may require that trees having a three -inch or greater caliper be relocated
elsewhere on site or, if not practicable or feasible as determined by the approval
entity, to be replaced on the same site by trees, the sum of whose calipers are
equivalent to three times the caliper of the tree being removed.
(2) If the site cannot support the total number of required replacement trees as
determined by the approval entity, the city may permit the owner to donate excess
trees to the city for planting on public lands or the monies equivalent to such at the
owner's expense or placed upon other lands owned by the same property owners.
Replacement trees shall have shade, environmental, or aesthetic qualities comparable
to or better than the replaced trees.
Sec. 98 -34. Performance bond.
The building department or a designated representative may enter into an agreement with the
developer, the owner, or his agent that will allow issuance of the certificate of occupancy before the
landscape installation required by this chapter is completed, provided that a performance surety or
guarantee shall be posted. The guarantee shall consist of a performance bond or other surety
agreement approved by the city attorney in an amount equal to 110 percent of the direct costs of
materials and labor, and other costs incidental to the installation of the required landscaping as
certified by the landscape architect. The guarantee shall specify the time for the completion of the
12
landscaping requirements and shall be accompanied by a site plan identifying the plant material
covered by the surety.
Sec. 98-35. Appeal.
Any person or any agent or representative thereof, aggrieved by a decision of the building
division d—artm °_r'_f_, planning and zoning division deYwf*mc ^t, code enforcement officer, or site plan
and appearance review committee, in the enforcement of any terms or provisions of this chapter, may
appeal to the City Council by filing, within 15 days after the date of the decision complained of, a
written notice of appeal thereof with the city manager, with a copy to the city clerk, which shall set
forth concisely the appeal and the reasons or grounds for the appeal. The City Council shall hear and
consider all facts material to the appeal and render a decision promptly. The City Council may
affirm, reverse, or modify the decision being considered on appeal. An appeal may be made to the
circuit court from any final decision of the city council, provided the appeal shall be filed within 30
days from the date of the decision.
Sec. 98 -36. Board of Zoning Appeals Cen=; - ++oo of A �ii�e +m or�io
..., -��. �. .....
(a) There io nrPOtPil a nnmmiltPP of orli[[otmPnto [vhirh oholl nnnoiot of f;[rP mPmhPrc t�ln�
an oltPrnotl[1P mPmhPY A[ O; -fPA by A— nif— rn —;1 by racnlntinn 'M nity nrnmril droll —f oo fhP
nnmm[f-tPP of oiln[ctmPnfo
in the ohoPnnP ni rn,n-h nnmmiffPP An applicant submitting a landscaping
plan or plan amendment for a site that is not within a PUD or PCD and that does not meet the
minimum standards of this chapter shall submit a variance application for review by the Board of
Zoning Appeals. The Board of Zoning Appeals shall consider the variance application before the
site plan application is considered by the City Council.
(b) An application for variance to the standards and requirements established in these land
development regulations shall be filed with and heard by the !a ds=c committee ^f ��;>iotmPn +o
jr
Board of Zoning Appeals and the application shall:
(1) Are Be made and filed on forms provided by the planning and zoning division
denortmcnt
(2) State clearly and in detail the variance requested and reasons therefor.
(3) Be accompanied by sketches, surveys, and statistical information to support claims
for a variance.
(4) Be accompanied by an appropriate application fee established by the city council by
resolution, except where the petitioner is requesting a variance for nonconformance.
(5) Be executed and sworn to by the owner, tenant, or agent.
(c) The Board of Zoning Appeals !a dsc —Y c^mmif.f_- ^f — A;,—f —ntv may approve or grant
the variance only if it determines that the variance is not contrary to the intent of these land
development regulations and that a literal enforcement of the standards as established in the
regulations would be impracticable and would result in an unreasonable and unnecessary hardship.
13
(d) An advertised public hearing shall be held wi *1:i^ at the next available meeting of the
Board of Zoning Appeals, but no sooner than 30 days cf *_hp dnfA --F-M;"^ tbA from the date
a- -- r- ----�--
a complete application is submitted.
Section 98 -37. Land Clearing Permit.
(a) The City shall not issue a permit for land clearing until:
(1) the property owner has submitted a building permit application to the City for paving
and drainage or other infrastructure improvements, at a minimum, or unless
otherwise approved by the Growth Management Director, and
(2) all tree protection work has been satisfied pursuant to this chapter.
(b) City permits for land clearing may be phased, depending on the project design, and may
have conditions of approval imposed by the City.
ARTICLE III. MINIMUM LANDSCAPE REQUIREMENTS
Con 98_66 Nnrroei`lnr+inl �ia�-ri n +e
Sec. 98 -66. Minimum landscape requirements for nonresidential development
(a) in d?istricts: The minimum open space requirement for all new
nonresidential development shall be 15 percent, or a greater amount if required by the City's zoning
regulations.
(b) ;ie No more than 40 percent of the total landscape area shall be covered with sod (grass)_
excc"t tThose projects proposing playgrounds, ballfields, golf courses, dry retenti ---n detention areas
Ord +hP iiUA or similar uses may subtract the open space square footage of these grassy areas from
the landscape area calculation for a corrected total.
(c) Tables 1 and 2 shall be used to determine the minimum landscape points per open space
a project shall be required to provide. Achieving the minimum open space landscape point
requirement does not exempt a project from compliance with other requirements of this chapter.
(d) Specimen trees shall be considered existing native trees in good health and 13 inches
DBH or larger, or trees at least 25 percent of the DBH for the respective champion tree in the state.
A minimum of 25 percent of all specimen trees is to be protected in place or relocated on site. This
requirement shall not apply if a planned upland preserve is set aside, pursuant to Chapter 102, or as
provided below.
14
LANDSCAPING AND VEGETATION PROTECTION
TABLE I*
[Within Table 1, the points per 100 square feet is being increased by two point levels at each
level of the chart, as follows:]
20 pts. becomes 22
1p9 "
21
18 "
it
20
17
it
19
16
if
18
15
if
17
14
ff
16
13
15
12
14
11
13
10
12
9
11
8.5
10.5
7.5
9.5
6.0
8.0
5.0 "
"
7.0
t Open Space Points /100 Square Feet
is -20 Pts.
-19
-18
-17
- -16
20 -15 Pts.
- -14
-14
-1]
- -1J
25 -12 Pts.
-12
-12
-11
- -11
30 -10 Pts.
-10
-10
- -9
- -9
J5
8.5 Pts.
40
45 7.5 Pts.
50
55 6 Pts.
60
5 Pts.
65
*Example: 15 percent open space requires 22 points per 100 square feet.
15
TABLE 2
Specimen trees (justification required — see
definition)
25 additional points.
Specimen plants (justification required — see
definition)
15 additional points.
Specimen palms (justification required — see
definition)
25 additional points.
Native trees 5 inches DBH
20 points. plus one point for each inch greater
than five inches DBH minimum
(City) preferred tree species 12 ft. in height
minimum
15 pts. plus one point for every foot greater
than minimum
Trees not on list or less than 12 feet in height
5 points.
(City) preferred palms species 8 feet of clear
trunk
3.3 points plus one pt. for every foot of clear
trunk greater than eight -foot minimum
Palms not on list or less than minimum
1 point.
All shrubs (75% from preferred list) and
climbing vines
1 point.
All ground cover (75% from preferred list)
2 points per 10 sq. ft.
Grass
'/a point per 10 sq. ft.
Preferred species, and coastal species are listed in the City landscape work manual. A current copy
is available in the City Hall for a fee.
Abused trees, as determined by the City Forester, shall not count toward required points.
16
(1) A specimen tree or trees may be substituted with replacement trees on site, or
replacement trees may be donated to the City. The minimum replacement shall be
the sum of three caliper inches for every caliper inch of a specimen tree that is to be
removed. Donated trees shall be planted by the donor and guaranteed by the donor,
in a written agreement or by a surety bond, for 180 days; or
(2) An applicant may remove a specimen tree or trees if a contribution of the equivalent
value of the replacement tree or trees, as calculated in paragraph (d) above, is made
to a City Beautification Account. The value of the tree replacement shall be
determined by averaging cost estimates from two landscape architects or similar
professional; one selected by the applicant and one selected by the City. The
applicant shall pay the fees for both cost estimates. The City's Beautification and
Environmental Committee shall advise the City Council on the expenditure of these
monies. These funds shall be used for tree programs on public lands.
(�) (e) the following uses within nonresidential zen - "a rl,ctrictc developments shall be
required to be screened from public view: (sPP gQ_72)
(1) Backflow preventer systems.
(2) Trash (dumpster) containers and recycling containers.
(3) Storage or mechanical equipment areas.
(4) Outside display or sales areas.
(5) Parking areas.
Service bays.
(7) Satellite dishes mounted on the ground.
(s) (f ) The following uses within nonresidential zeninb d;s ±r'_ ^ ±s developments shall be
required to have landscaping (see sections 98 -68, 98 -72 for detailed requirements):
(1) Vehicular use areas.
(2) Building foundations excluding rear areas not visible by a public road right -of -way
or not generally traveled by the public or visible from adjacent structures.
(3) Signs (see Chapter 110 pertaining to signs).
(4) Multilevel parking garages.
(5) Berms or perimeter walls.
(6) R irtht_n %iir�r mP`liano on 1 ohrnlilaro in nr i nrrl am •x ith oll otn+P rl �nar+mant of
trans- Temporary trailers and sales centers, excluding construction
trailers.
Swales, ditch banks, including any transition between land and a water body and
littoral zones, in accordance with all SFIAIM D nr ATUR17;7( T-) nr CE rules of the South
Florida Water Management District, the Northern Palm Beach County Improvement
District and the Palm Beach County Department of Engineering and Public Works.
Trees and shrubs shall not be planted in swale areas and in maintenance easements
for canal_
(8) Littoral planting zones (see section 98 -106).
17
-f) (g) Where redevelopment projects or nonconforming projects are unable to meet the
point system or open space requirements as sta *_Pd in (a) of this sectic-n chapter, and said
project is being amended, points may be transferred to other lands (i.e., public lands, parks, roads)
up to a maximum of 25 percent reduction of points per 100 square feet or an assessment of $25.00
per point can be by *_hP city cc" ^c1. contributed to the City's beautification account by the
applicant. �/innia� rn��An4ar1 ol�oll l,r i.oaA fnr �an�croninn rn�lli/ an�c
Con OQ_(.'7 7?ooi�nr4in� aiairinln
Sec. 98 -67. Minimum landscape requirements for residential development
(a) The minimum required open space in residential districts shall be 35 percent of the entire
site with- -n a site-Plan. Those projects proposing playgrounds, ballfields, golf courses, dry detention
areas and similar uses may subtract the open space square footage of these grassy areas from the
landscape area calculation for a corrected total. Landscaping shall be achieved with a combination
of trees, shrubs, ground cover, grass (sod), and nonliving landscape material. One hundred percent
of all open space shall be landscaped. A minimum number of points per 100 square feet of open
space shall be required based on the amount of open space (see Table 3) for landscaped areas within
common or publicly dedicated open space.
(b) The following uses within residential dis*_r:ctg developments shall be required to
be screened with landscaping:
(1) parking areas,
(2) berms and perimeter walls,
lift stations,
cable television, telephone or other ground- mounted utility equipment,
backflow preventers, ground- mounted air conditioning units,
RV parking areas,
boat storage areas,
maintenance and storage areas, and
dumpster or trash pickup areas, and
(I O)temporary trailers and sales centers, excluding construction trailers.
(c) Trees and plants shall have the same point value as is specified under subsection 98-
66(a), Table 2. In addition to the landscaping required in paragraph (a) above, the same
requirements for protecting existing trees outlined in subsections 98 -66(c) through (e) shall apply
in this section_
(d) Single - family and duplex yards (lots) will have a minimum of one tree or two palms and
six shrubs per 1,000 square feet of open space or fraction thereof. A shade tree from the City's
preferred tree list is required as a street tree, located on cr within the road right -of -way or within 15
feet of the property line. Street trees are to be replaced if removed for any reason by the landowner.
18
TABLE 3*
% Open Space Points /100 Square Feet
35
10 Pts.
45
9 Pts.
55
8 Pts.
65
7 Pts.
75
Example: 35% open space up to but not including 45% requires ten points per 100 square feet.
(e)Trees located on the property required to be preserved by any other code or section may
be used to satisfy requirements within this section. The trees are to be protected during construction.
Sec. 98 -68. Parking areas.
(a) The minimum shade tree spacing for interior parking areas shall be such that no parking
space is more than 40 feet from the center of the shade tree. A shade tree may be replaced by a
minimum of three palms clustered to create shade as long as the affected parking bays are more than
50 feet from a public street.
(b) A landscape island shall be required for every nine parking spaces located in a row.
(be) The minimum landscape area shall contain no dimension less than five feet in width,
measured from the inside of the curb. There shall be no landscape area smaller than 25 square feet.
Landscape areas within interior parking areas may be reduced if the areas shall constitute an
19
obstruction in use of a building structure, providing the reduced square footage is relocated so as to
emphasize entrance corridors or special landscaped areas within the general parking area.
(ed) All landscape areas, except in fee simple residential lots, shall be protected by curbs or
wheelstops from vehicular encroachment and from the damages caused by vehicles overhanging into
landscape areas. Landscaping, except grass, shall be required to be at least two feet six inches from
the edge of the wheel stop or curbing. The curbing shall be at least six inches in height above grade.
(d e) Vehicle parking areas designed to permit vehicles overhanging into landscaped areas
shall not be permitted to count the first two feet six inches of landscape area as open space.
(e f) Vehicle use areas, including driveways to parking lots, shall have be encompassed by
a minimum three- foot -high hedge fat maturity).
(f g) Multilevel parking garages shall have planters adequately designed to permit trees to
live on the top level. These areas shall apply toward the required points per open space. The top
parking area shall have trees as required in subsection (a) of this section.
(g h) Grass parking shall be required to meet the same standards as outlined in subsections
(a), (cd) and (of) of this section.
(h i) Regular maintenance of vehicular use areas adjacent to all landscape areas shall include
replacement of broken curbs or curb stops as needed to keep the general appearance in good
condition and safe.
(i j) When a point of ingress or egress (driveway) intersects a public right -of -way or when
the subject property abuts the intersection of two or more public rights -of -way, all landscaping
within the areas described in subsections (a) and (b) of this section shall allow cross visibility
between 30 inches above the established grade and six feet above the established grade; however,
trees or palms shall be permitted, provided they are trimmed so as to allow visibility at the levels
indicated in above, provided they are located so as not to create a traffic hazard.
(1) The area of property on both sides of a driveway formed by the intersection of each
side of the driveway and the public right -of -way line for a distance of 15 feet in
length and five feet in width along the public right -of -way.
(2) The area of property located at a corner formed by the intersection of two or more
public rights -of -way with two sides of the triangular area being 20 feet in length
along the abutting public rights -of -way measured from their point of intersection and
the third side being a line connecting the ends of the other two lines.
1111
See. 98 -69. Preserve areas.
(a) All plants (trees, shrubs, ground cover) within a preserve area that meet or exceed the
minimum landscape requirements as set forth in this chapter can be counted toward the points per
open space required to meet landscape requirements pursuant to sections 98 -66 through 98 -68.
(b) The minimum width of a preserve area to be used to meet landscape requirements shall
be 25 feet.
(c) The preserve area shall screen any area that requires screening with the same minimum
planting requirements as does new landscape material (see section 98 -72). Infilling new vegetation
within preserve areas or around preserve areas shall be required if minimum requirements for
screening cannot be met with existing vegetation. Infilling preserves shall be accomplished with
relocating existing native plants or adding appropriate new native plants to the voids or bare areas
of the preserve to accomplish the required screening.
(d) One - hundred - percent irrigation is not required within preserve areas. The preserve area
shall be preserved in such a way that the transition of new landscaping or open space to existing
vegetation duplicates nature. The preserve area shall not be adversely impacted by surrounding
drainage or elevation changes proposed by development.
(e) Preserve areas shall be maintained or managed with the same standards set forth in
section 98 -103, except there shall be no pruning of vegetation or trees within preserve areas without
written approval from the city forester. Preserve areas shall be cleared and kept clean of any exotic
plants (i.e., Melaleuca, Brazilian pepper, Australian pine).
(f) There shall be no construction within preserve areas unless otherwise approved during site
plan approval.
(g) Walls or other barriers shall not be constructed in such a manner that impedes or restricts
the use of preserve areas that also act as habitat corridors or pathways unless otherwise approved
during site plan approval.
(h) Trees and shrubs used to meet landscape requirements that die within preserve areas for
any reason shall be replaced once it is determined by the city that landscape screening requirements
have dropped below minimum standards.
(i) Code enforcement regulations shall apply to preservation areas that are used to meet
landscape requirements.
0) In an effort to create a safe zone for protection from a wild fire, structures shall be no
closer than 10 feet to a preserve area, as defined in Chapter 102.
21
Sec. 98 -70. Tree replacement during construction.
During construction, all new required landscaping that dies shall be replaced with the same
species within 30 days or before issuance of the certificate of occupancy. The minimum replacement
specifications will be one for one at the minimum size standard set in the approved landscape plan.
Trees protected that die during construction shall be replaced with the same species within 30 days
or before issuance of the certificate of occupancy. The minimum replacement specifications and
minimum size standard is set forth in subsection 98- 33(b).
Sec. 98 -71. Prohibited plants; rem ^ -,n! ^£ and invasive nonnative plants.
(a) No person shall plant or cause to be planted prohibited plants anywhere in the City. The
following shall be considered the official list of nnnnnfiv- prohibited plant species_ , —1
the list mn�r ho- nnrlatPrl by the rity Th POP nlnntc ohnil 1- - n-ar�l fYnm nil nr1Pn -01 In fl —;v
-- --_ - -- »J _1 »t » »._» J -- -- --v -h -- - r. _.. -- -- -- - ----� - --�--- -- �r--- r __ - -- - - - ---
Pnt1YPt[1 Trnm the PntlrP oitP-
Acacia nnrrnlifnrm;o
FnrlPnf nrnria
TrPP
A lhi7in 1PhhPrU
117 -manic tnnmlP
TrPP
rD
ArA;oin onlnnnro-n
C1,nPl�llttnn nrllicin
Qlirllh
Rionhnfin in�innrin
Rionhnfin• Tliolinn_ll.nnA
TYPP
n onn
C—rinas
AIIVtrnlanrl n1nP
TYPP
» » »- ---» �rr,
- - - -- -- r- --
- --
(`nlnllrinn ncintinn
T PntllPr lo-nf
117inP
("nt�nninnoic nnnnnrllinillPO
(`nrrntivnnll
TYPP
TlincrnrPn 11r+lhifarn
Air nntntn
Vino-
Tirol lc a ooimn
T nfty fin
TrPP
Tii nllo hPn RnlPn cic
Rnmrnn
Hibiscus t;l, °"Pno
A TnhnP
TrPa
Tacminnm A;A—tnml,m
TncminP
T vrrnllinm minrnnhvllnm
Qmnll_1PnfPi1 nlimhin`r fern
>\�TPinlPllnn n111nn11PnPrlltn
T4PlnlPllnn• nnlPnllt
TYPP
A/Timnon nirtrn
Cat's c!a-,v
Chrub
• r -a---
1?liedemx,rtnc tomentcsus
Down- rnoP myrt!c
Shrub
Snninm vihifo-riim
%- 'inPOP tnlin-T trPP
TrPP
Q nhinno tPrPllinthifnlinc
Rrn- �ilinn nPnnPr
TYPP
Qcr7vrtnlm nnminii
T-run nlrlm
TrPP
- ---------
-
ThPOnPOin rinnnlnPn
(^'nrlr tYPP
TYPP
Air potato vine Dioscorea bulbifera
Australian pine Casuarina spp.
Brazilian pepper or Florida holly Schinus teribinthifolius
Carrotwood Supaniopsis anacardioides
Earleaf acacia Acacia auriculiformis
Kudzu
Melaleuca
Pueraria montana
Melaleuca quinquenervia
22
Tree
Small -leave climbing fern Lygodium microphyllum
Schefflera Schefflera actinophylla
(b) Upon issuance of a City building permit, a property owner shall remove or cause to be
removed the following plant species:
All prohibited plant species
Banyan
Bischofia
Cat's claw
Chinese tallow tree
Cork tree
Downy rose myrtle
Jasmine
Java plum
Leather leaf
Ficus bengalensis
Bischofia javanica
Minosa pigra
Sapium sebiferum
Thespesia populnea
Rhodomyrtus tomentosus
Jasminum dichotomum
Syzygium cumini
Colubrina asiatica
Lofty fig Ficus altissima
Mahoe Hibiscus tiliaceus
Shoebutton ardisia Ardisia solanaceae
Woman's tongue Albizia lebbeck
(bc) No certificate of occupancy or other official acceptance of completed work shall be
issued for development until verification is provided, through inspection by the city forester or by
certification by a state- licensed landscape architect, that all required removal of prohibited plants or
invasive nonnative plants has been completed and is in accordance with the development plan or
phasing plan and permit conditions. The eradication of prohibited plants and invasive nonnative
plants, as applicable, shall be completed prior to the final landscape inspection.
(sd) Ficus species may be planted as individual trees or hedge material provided the
following provisions are met:
(1) No individual ficus spp. tree shall be planted within 15 feet of any public road right -
of -way or other public utility.
(2) Ficus spp. ,hedges shall be constantly maintained, shall be of cold - tolerant variety,
and shall not exceed eight feet in height.
Sec. 98 -72. Minimum landscape buffer and planting requirements.
(a) A landscape buffer shall be a minimum of eight feet in depth around the perimeter of a
parcel; provided, however, that a minimum landscape buffer of 15 feet in depth shall be required on
lands located adjacent to public street rights -of -ways and railroad rights -of -way that are less than 100
feet wide. For rights -of -way 100 feet wide or greater, the buffer shall be a minimum 20 feet wide,
except for buffers adjacent to Interstate 95 or the Florida Turnpike, which shall be a minimum of 25
23
feet wide.
Vegetation, especially trees and palms, should be planted taking into consideration the mature height
and spread of the species.
Detention or retention areas and lake maintenance easements shall not be located in landscape
buffers.
(b) The maximum spacing of planting trees shall be 60 feet along any perimeter buffer so
long as all point requirements have been met.
(c) A minimum of seventy -five percent of the total quantities of trees and plants will be from
the City's preferred plant list. Coastal areas as designated by the comprehensive plan shall be
required to have 90 percent native species.
(d) All outside storage and trash collection sites will have a three- foot -high hedge and
structural barriers, berms or any combination thereof to 100 - percent screen the area from view.
(e) There shall be foundation landscaping within 44 10 feet of all building structures. The
location and size of this foundation landscaping shall be of a height and quantity to visibly soften
bare walls and accent building facades and help direct pedestrian traffic to building
entrances. All foundation areas shall be irrigated and of the appropriate size to accommodate the
mature size of the vegetation to be planted. The minimum standards for foundation landscaping
shall be determined by the building height and function, and as set forth below. Building foundation
landscaping may be reduced and in some cases eliminated when front, side or rear building setbacks
are allowed to be reduced. An example would be a mixed -use development in which the design
allows for buildings next to sidewalks. Street trees or road right -of -way landscaping cannot be
eliminated without City approval.
(1) The foundation planting area for a one -story building shall:
a. be at least five feet wide, unless foundation landscaping would create a hardship
on the use of the property; and
b. extend along the portions of a facade that directly abut a parking area or vehicular
use area, excluding entryways, doorways or other building improvements, as
determined by the City.
(2) The foundation planting area for a two -story building and greater shall:
a. be no less than 30 percent of the height of the adjacent wall, and
b. extend along the portions of a facade that directly abut a parking or vehicular use
area, excluding entryways, doorways or other building improvements, as
determined by the City.
24
(3) At least one shade tree or palm cluster shall be installed for each 30 linear feet, or
fraction thereof, of facade width. A minimum of one tree per facade, and the remainder
of the landscape area shall be treated appropriately with plantings and pedestrian
accessways. Trees and palms shall be of an installed size relating to the height of the
adjacent wall or facade, as follows:
Minimum Minimum
Wall Height Tree Height Palm Height
To 15' 12' 12'- 14'
15'- 25' 14' 14'- 18'
26'- 35' 16' 18' - 22'
36' and greater 18' 22'- 28'
(4) The tree heights in this section are minimum tree heights and the palm heights are
minimum palm cluster heights. As the minimum tree and palm cluster height
increases, some smaller trees or palms may be allowed, as opposed to all trees or
palms being a minimum size.
(f) Service areas of nonresidential buildings, when visible from the street right -of -way or
adjacent residential land use, shall have barriers and a hedge at a minimum of six feet in height to
screen the service area from this use. Service areas may include interior or exterior work bays
associated with full service gas stations, tire repair, auto repair business, as well as any business
proposing loading or unloading docks.
(g) Backflow preventer systems.
(h) Achieving the total points per open space for an entire project within one or more areas
does not exempt one from complying with all other requirements, even if that means exceeding the
minimum required total points per open space.
(i) Landscaping around ground signs is required (see section 110 -36).
0) Hedge shrubs shall be planted on two -foot centers. Hedge material used to meet buffer
requirements as set forth in this chapter shall be 30 inches in height at planting.
(k) Vines shall be a minimum of 60 inches trellis length containing live runners or more at
planting. Following sound horticultural practices, the vine shall be attached to the fence, column
or wall, if appropriate, in a way that encourages proper plant growth.
(1) Lawn grass shall be solidly sodded, unless otherwise approved in the landscape plans.
Lawn grass shall not be allowed to grow higher than six inches in height. Sod shall not be placed
closer than 18 inches from the trunk of a tree.
25
(m) Palms shall have a minimum of eight feet of gray trunk immediately after planting when
used to meet buffer or parking requirements. For the purposes of this chapter, one required canopy
tree equals three palms.
(n) Required trees shall be a minimum of 12 feet in height (height is measured from the
ground to what is the average of the ends of branches, not the tallest branch or two) and a plant
spread (crown) of five feet in diameter. A minimum of 75 percent (90 percent in coastal areas) of
all trees required to be planted by this chapter shall be native species or from the preferred plant list
in the city landscape handbook. Copies will be available at City Hall for a fee.
(o) Nonliving landscape material (hardscape) requirements:
(1) Perimeter walls, metal or wood fences, or other nonliving landscape materials may
be used in conjunction with vegetation to meet required landscaping. Approved
walls or fences shall be set back from property lines sufficiently to include landscape
on the outside of the wall or fence. Maintenance of the wall or fence ;- YPgll_YP,d and
associated landscaping is required. If nonliving barriers are used, 50 percent of the
barrier shall be covered or screened by vegetation on the street side along public
rights -of -way and interior perimeter areas visible to the public.
(2) Earth berms may be used only when installed in conjunction with sufficient plant
material, and shall be adequately spaced to satisfy the provisions of this chapter. The
slope of a berm shall not exceed a ratio of 4:1. Earth berms may not be constructed
over public utilities without written consent from all applicable utility companies.
(3) All tree and shrub beds shall receive at least three inches of mulch. Mulch shall be
temporarily applied to areas not immediately covered by ground cover. Where mulch
is intended to be installed permanently, it shall be renewed and maintained at three
inches of depth. Mulch will be thoroughly wet at the time of application to prevent
wind displacement.
(4) The use of barbed wire within the city limits is a conditional use only requiring
approval by the city council as part of a proposed land use development application.
The use of pavers (or similar impervious material, excluding sidewalks) shall not
exceed more than 30 percent coverage of an open space area, and shall not be wider
than 12 feet if used in a required landscape buffer area.
(p) Nonspecimen palms planted in perimeter buffers shall be installed in groups of no less
than three. Refer to point system for planting credits.
(q) Soil erosion shall be controlled and held to a minimum. Areas in which vegetation or
ground cover has been allowed to be removed pursuant to an approved site plan and subsequently
26
abandoned for any reason for more than six months shall be seeded with a ground cover or grass
immediately upon request by the city, or the city shall have the work done at the owner's expense.
(r) At no time shall a landscaped area be used for advertising display or sales, unless
specifically approved by the City.
Con 9Q_72 L;---+- of r.s•n+ acted iNnna
Tl,a 04w (nnnnil ohall actahlich a »rl nnrlata her raonlntinn frnm t ;ma to times a l ;o+ of
nrntanti-A trPPC A rnmr nft6- liot ohall ha maintainarl at all +imac by +ha I ..ilrlinn rlanartmant and
tha Cifir Fnrac+ar Tha l;o+;o ac fnlln— o-
_.. �_ _ _ _. -__- _ _ ..
M A4,3r- A rthiir'c hancran lnna+arl in +ha marlin» nn l� Tan A rfhnr Rn�ila�rarrl Haar ATnrthlaLa
R u!cvarrl
Ml A]] man rrrnva traac lnnatarl wi +hin (`;+v nnaotal vnnao
M All nalr franc 1 A. ;nnhao T1R1 =1 nr rrraa+ar lnnatarl •xr;th;n tha n;+v l;m;+o
Sec. 98 -73. Landscaping in public road right -of -way.
(a) The City's intent is to beautify all public road right -of -way. Therefore, landscaping and
irrigation shall be required in public road rights -of -way, including medians and road shoulders,
adjacent to all new development. Maintenance of landscaped rights -of -way shall be the
responsibility of the project's property owner or, as agreed upon in the development order approving
the project, by special districts created for unified maintenance.
(b) Landscape plans for rights -of -way shall be submitted by the applicant and approved with
each project. Landscaping and landscape maintenance shall be in accordance with state and county
traffic engineering standards. Landscape plans shall be based on the final roadway configuration,
but may be of a temporary design. Timing of the installation of required landscaping and irrigation
shall be prior to the last certificate of occupancy for the adjacent development, unless otherwise
approved by the City Council.
(c) Roadway landscaping shall be designed and installed with characteristics similar to the
nearest existing roadway beautification project, or using the landscape theme provided in Section
118 -281, entitled Parkway Overlay, or using a landscape plan previously approved by the City for
a particular road. The same landscape theme shall be used in all four quadrants of any intersection.
(d) City approval is required for all landscaping or other improvements within public rights -
of -way in the City.
ARTICLE IV. MINIMUM INSTALLATION AND MAINTENANCE STANDARDS
Sec. 98 -101. Enforcement.
27
The code enforcement board is granted jurisdiction for enforcement of this article.
Sec. 98 -102. Exemptions.
(a) All licensed plant or tree nurseries or tree farms shall be exempt from the terms and
provisions of this chapter only with respect to those trees planted and growing which are for the sale
or intended sale to the general public in the ordinary course of the licensee's business. The buildings
and parking lots shall adhere to all codes outlined in this chapter.
(b) The limited removal of understory vegetation by a state - licensed land surveyor in the
performance of his duties, provided that the swath cleared shall not exceed five feet in width, is
exempt from the terms and provisions of this chapter. The surveyor shall not have the right to cut
a tree three inches in diameter or greater without written consent from the city.
(c) The requirements of this chapter may be waived by the city manager to facilitate the
emergency removal of trees or vegetation when a state of emergency has been issued for the city.
irli (`laarrnttinrr trr ac ii P �rrri�nlfirra +imhar nr nnlnwnnil Uar��na +innl is a +rir +lv nrnhihi +all
Fnraatnr nr'a!`tl!`PC lrnn•�m+ +n nrn��illn m,l,ctan +ial hAnaf +a nr nrn +ar +inn and +lea+ nnnfnrmc to +hP ri1 -c��o
Pn�rirnnmantal nracanratin+� � +onflarilo may hP alln�xrnil wi +h a nlan h�� +ha c +a +P TnrPO+ ar rcrinn n +hor
nrnfPOOinnal TnYPOtar onll +ha pity nnnnril °c annrnval
(do) The clearing of a path not to exceed ten feet in width to provide vehicular access
necessary to conduct soil percolation and /or soil bore test on land is exempt from the terms and
provisions of this chapter, provided such clearing or removal is conducted under the direction of a
state - registered surveyor or engineer.
Sec. 98 -103. Tree and plant installation.
(a) Plant quality for all required landscaping shall be Florida no. 1 or better, as given in
Grades and Standards for Nursery Plants, part I and part 11, state department of agriculture and
consumer services. An Alternative Landscape Improvement Plan, as permitted by this chapter, may
propose to use plant materials that do not meet the Florida No. 1 standard or better in order to
relocate trees, create a transition area between landscaped areas and preserve areas, or for design
effect. All vegetation shall be clean and free of noxious pests or disease.
(b) A preferred species list shall be prepared, periodically revised, and distributed to the
public by the city upon request. This species list shall, to the greatest extent possible, represent
plants that are:
(1)
Drought tolerant.
(2)
Adapted to cold weather.
(3)
Commercially available.
(4)
Native or naturalized.
28
(5) Noninvasive and not destructive to native plants.
(6) Strong wooded (not brittle).
(c) All landscaping shall be installed with sound workmanship and sound nursery practices
in a manner that will encourage vigorous growth.
(rh ofn" lnrAa no rPfl-fPA ;n tl-,;o nl-,anfPr ollnll nnl<, nnnlii to nnnrPo;r1Pn +;al noPC n-A
rnmmnn arPao „vifhin WWI T)M-) nnrl TIT?T nrn;arfo (nil lnnrl „oaol ([rn „m rPrinn +inn of olinAl frPP”
ohnll ba nrnll lb;faA „ntil +l,a frPP rnnnn,r bno ranrl9Prl nt 10aot 1 S fPPt in A;nmatPr PVrP"t fn ramn,rP
limbo nr fnlinnP nraoanfinrr n l,a�nrrl to ofr„rfi,rao nr mnnir;nrl in rnnfl;r t [,7;fh n nrimP nYP[)Pn +ln
nrn nrnm to ramcvt. dcarl nr AIOPn OP(1 limbo nrnninrr vrn,nn +rapo fnr otran rttl[ of fnrm nr in
noonnia }inn [vi +l, trap /Halm rPlnrn +inn ,vnrlr A f ,.r n trPP rnnnnv ranrh PO 1 l fPPt in rl;nmatar rrnlzm
rP ri„r +inn ohnll nnl[, 1-,P —;ffPA no ;nr;Aanfnl „rh Pn rrnrrarf nl -„Winn o }.anrinrrlc nrP „oaA nnrl [,rhPn
fb— nra rnnotrn;nfo 0-1, no hnf nnf 1;m;fPA to nn,var l;nvo nnrl ofr„rfi,rPo
(al A
-i - - nrl- nnf. 'o nr _ f.r_ aa_ 'o n Ain 1 Pno;Ar"A nrP o;fP -Inn nnnrn[,nl fn
a -- ... -- -
nrP,)Pn+ rnnfTlrf „11411 11,,; 1llin /T 11PO1/Tn [ri P \l IC nT o;rTnnrtP „n /1Pr/trn„nIl anri n[IPrh Pnrl „ }ili }iPC and
/lYnlnnrTP T Tn1Poo nt11PY„11 CA P nnnYn[1Prl h,J }hP rlt[7 tYPPO obnll I- of n ohnnP and V;- f[rnlrnl of thPl:"
CT1Pr1PO fl- ,rn „rTl,n „f fl,P;r l;fP r[rrle.
(d) The City shall require root barriers for trees planted within 15 feet of any road right -of-
way, sidewalk or utility. The intent is to protect infrastructure, including sidewalks, from street trees
shown on approved plans and from trees that are known to create root problems in South Florida.
An applicant for a building permit may provide written justification to waive the requirement for
root barriers. Such waivers shall be approved or denied administratively by the City. Waivers that
are denied may be appealed to the Board of Zoning Appeals.
See. 98 -104. Pruning.
(a) The pruning standards in this chapter shall apply only to all nonresidential uses and to
common areas in all planned developments and within Developments of Regional Impact.
(b) Crown reduction of shade trees shall be prohibited until the tree canopy has reached at
least 15 feet in diameter, except to remove limbs or foliage presenting a hazard or in conflict with
a crime prevention program, to remove dead or diseased limbs, to reinforce strength of form, or in
association with tree or palm relocation work. After a tree canopy reaches 15 feet in diameter, crown
reduction shall only be permitted as incidental when correct pruning standards are used and when
there are constraints such as but not limited to power lines and structures.
(c) Plant characteristics shall be reviewed during the approval process for landscape plans
to prevent conflicts with building design, signage, utilities and drainage. Unless otherwise approved
by the city, trees shall be allowed to grow to a shape and size typical of their species throughout their
life cycle.
29
(sd) The following are general pruning requirements:
(1) Hatracking is prohibited • PV/ P ^* "'""'"'^ }hat ;o rarn,;rP� }n 1rPP„ „�; 11 }�/ 1;nP0
- - - - -r- r--- - - - - -b - - ---_ _- --- �� - - --- _- - - - -r --- - - - -., - -ear.
Hatracking is to: flat -cut the top or sides of a tree, severing the leader or leaders; make
internodal cuts; prune a tree by stubbing off mature wood larger than three inches in
diameter; or reduce a mature tree's total circumference or canopy spread by one -third or
more.
Excessive pruning like hatracking may be considered tree abuse and a code violation by the
city's code enforcement board. Each tree hatracked shall be considered a clear and separate
violation, with a maximum fine of $250.00 for the first tree and a maximum fine of $250.00
for each additional tree. If the city's code enforcement board has made a previous
determination that a person has violated this section, then such person may be charged with
a repeat violation. A maximum fine of $500.00 for the first tree and a maximum fine of
$500.00 for each additional tree shall be set by the city's code enforcement board for repeat
violation of this section. In determining the correctness of particular tree pruning techniques,
the city shall use the current edition of the "Pruning Standards for Shade Trees," published
by the National Arbors Association, or any future national standard on shade tree pruning.
Tree replacement may be required by the code enforcement board.
(2) If other than the normal expected tree canopy shade and size is desired by the owner of
the trees, the desired shape and size shall be indicated on the approved s: ±p landscape plan.
If not noted, trees shall be allowed to grow to their natural shape and size. Landowners can
request that their approved site plans be amended to allow tree shaping if any of the
following conditions apply:
a. Trees are located in a constraining situation, such as under power lines.
b. A tree's unnatural shape is to be used as an accent or focal point in a
landscape design, but not for the total landscape design.
C. A maintenance commitment must be clearly outlined on the landscaping plan
to explain the care and upkeep of unnaturally shaped trees.
(3) Pruning shall be performed by a person or tree service that is knowledgeable with the
latest standards of the National Arborist Association. Copies of these standards are included
in the city's landscape handbook. All tree service companies shall have as public service a
county occupational license at a minimum.
(4) Pruning palm trees shall be limited to dead fronds and up to one -third of the green fronds
and seed pods.
(5) Maximum limb pruning, or severely cutting back lower branches to increase sight
visibility from underneath a tree's canopy, shall be 13.5 feet from the ground level to the
30
collar of the first limb.
Sec. 98 -105. Maintenance.
(a) Regular maintenance of all landscape areas shall include weeding, watering, fertilizing,
pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of
prohibited plants and other horticultural practices that are needed to keep landscaping in good
condition, free from disease, insect pests, weeds refuse and debris. Landscape maintenance shall be
carried out in a manner that will not disrupt, inconvenience or endanger any member of the public,
either pedestrian or vehicular. City recommendations for general maintenance specifications are
contained in the City of Palm Beach Gardens Landscape Handbook.
(b) Plants shall be alive and in good condition at the time of issuance of the certificate of
occupancy. There shall be a minimum three -month replacement guarantee provided by the
landscape company responsible for all new landscape material from time of issuance of the
certificate of occupancy. It shall be the responsibility of the property owner to replace landscaping
and maintain landscaping throughout the life of the project.
(c) All landscape areas, except those areas composed of existing native plant communities,
shall provide an irrigation system plan. The irrigation system shall be designed and installed in
accordance with the Florida Irrigation Society Standards and specifications for Turf and Landscape
Irrigation Systems (rA..;sP,a J„n ? n, ? 9$$), as amended from time to time. Irrigation systems shall
be designed and maintained to:
(1) Eliminate the wasteful use of water.
(2) Eliminate staining of buildings, walks, walls and other site improvements including
landscaping.
(3) Have a minimum of 100- percent coverage, including the capability of applying water
onto turf areas on a different saturation level than irrigate shrub- planting beds.
(4) Eliminate water overthrow onto nonpervious areas.
The irrigation system plan shall be a minimum scale of one inch equals 30 feet. A rain sensor
(switching off irrigation during wet periods) shall be required on all irrigation systems. The city
encourages the proper choice of plants for water conservation in landscaping as set forth in the South
Florida Water Management Xeriscape Plant Guide.
(d) The maintenance of ponds or any water management area and dried retention area shall
be the responsibility of the landowner and shall be kept in a neat and clear appearance, free of exotic
aquatic vegetation and algae.
(e) The root system of existing trees shall be protected during construction by barricades
acceptable to the city forester. Prior to land clearing and /or construction, the developer shall erect
and maintain protective barriers constructed of metal, wood, or other durable material around the
drip line of all trees, clusters of trees, or preserve areas to be protected. No storage of material,
31
equipment, debris, or fill shall be permitted within the protected barrier. No cleaning of equipment,
disposal of liquid or solid wastes (paint, oil solvents, asphalt, concrete, mortar, and the like) shall
be permitted within the protective barrier. No attachments or wires other than those of a protective
nature shall be attached to any protected tree. In determining the appropriateness of particular
protection techniques, the city shall use the current edition of the Tree Protection Manual for
Builders and Developers, published by the state division of forestry, department of agriculture and
consumer services.
(f) Maintenance of hazardous landscaping.
(1) A property owner shall remove a tree or palm after receiving written notice from the
City indicating that the tree or palm has died and all or part of the tree or palm could
fall and cause harm to persons or property. If the tree or palm is not removed within
30 days, the City shall declare the tree or palm a public nuisance and shall take
appropriate action to remove the tree or palm. The full cost to remove a tree or palm
shall be paid by the property owner.
(2) Landscaping removed due to its hazardous nature to a building shall be replaced to
comply with the approved landscape plan or with the requirements of this chapter to
the greatest extent possible (if an approved landscape plan is not on file with the
City).
(3) Landscaping removed due to a health or safety problem to persons shall be replaced
to meet the intent of the approved landscape plan, or with the requirements of this
chapter to the greatest extent possible. For example, if a CPTED concept could
prevent a problem, alternative plants could replace existing landscaping to create a
safer environment.
(g) Landscaping removed due to its death, disease, damage or insect - infestation shall be
replaced to comply with the approved landscape plan or with the requirements of this chapter to the
greatest extent possible (if an approved landscape plan is not on file with the City).
Sec. 98 -106. Littoral planting zones.
Littoral planting is required on lakes whose water surface is larger than one acre in size. The littoral
planting zone is, at a minimum, an area that extends ten feet into a lake from the shoreline and
extends a maximum of five feet upland from the shoreline. At least 50 percent of the shoreline shall
be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one
linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants
shall be on three -foot centers, minimum. Shelf slope and size shall be noted on the landscape plan
in the form of a cross section drawing and respective specifications based on actual plant and tree
requirements.
Sec. 98 -107. Clearcutting of trees.
32
Clearcutting of trees (i.e., agriculture, timber or pulpwood harvesting) is strictly prohibited. For the
purposes of this section, clearcutting is the removal, in total or in part, of a stand of trees from a
parcel or tract of land. Forestry practices known to provide substantial benefits or protection and
that conforms to the city's environmental preservation standards may be allowed with a plan by the
state forest service, other professional forester or other related field, and with the approval of the City
Council.
ARTICLE V. NONCONFORMING LANDSCAPE AREAS
Sec. 98 -136. Variance procedure.
(a) This article is not intended to cause undue hardship to those individuals or corporations
who can show that the requirements outlined in this article will reduce required parking, or restrict
in any way the operations of the business or property's use.
(b) The variance procedure for standards of this article shall be the same as outlined in
section 98 -36.
Sec. 98 -137. Nonconforming landscaping areas.
(a) Any parcel of land which is the subject of a current valid development order or upon
which a structure has been erected prior to the effective date of the ordinance from which this ch -pter
section derives shall not lip rarniin -A to nnnfnrm to the YP(1111YPm Pn to an r) n11n1 t r
PvrPnt fnr tl,ncP raniiiram Pntc and raml atinns •zrith rPCr�Prt to maintPnanrP of lanrlsranPil arPa� anil
rPmnvol of PviotinR .,P.. --- and does not meet all or part of the minimum landscape requirements
in this chapter shall be considered a legal nonconformity, with the exception of sites that have been
modified without City approval. The City shall use approved landscape plans or development orders
as the minimum landscape installation standard and requirement for a developed site. If an approved
landscape plan is not on file with the City, the existing landscaping becomes a living plan of record
and as such has the same standards and protection as allowed under provisions set forth in this
chapter, similar to a document filed with the city. Nonconforming areas are not exempt from
minimum maintenance standards.
(b) If an applicant for an amendment to the site plan, PUD, PCD or site plan within a PCD
returns to the city at any time to receive approval to amend the approved site plan, the approving
authority shall at the time of the final approval require the nonconforming landscaping and open
space to comply with this chapter, or through a variance or waiver request meet the intent of this
chapter. The following types of amendments to the site plan shall require the f ^anal review of the
landscape plan for the entire site using the minimum landscape standards in this chapter:
(1) The total square footage of any building ^r nYPn s acc by more than five percent;
(2) The number of structures;
33
(3) The number of residential dwelling units;
(4) The building height of any building;
(5) The traffic impact, required parking, or change in traffic circulation; or
C) if the n[[rnPr of an[r nnnrPSirlPntinl !1P[rP1nr[Prl n'n—Prf[r n+ the time of nrinr[ +inn of +hP
nrrlinvnrP from [vhirh this rh�n +Pr r1Pri[ras hac nn annrnvPrl 1nnrlcranP r11nn nn rannrrl nt flip ri +v nnnn
nrinn +inn of +hP nrrlinnnnP from rlPrivac flip nrnnPrfv chnll hP "InnPrl in n nnnnnnfnrminn atntns Tn
nil 111rP1ihnnrl nnnrPClllPYltt nl h1111rlln RC rnnCtYl ■nfPr1 "rinr to the Cl—f— nY 111111+ ] Ptf —TPPn A— [)PnYC
of 1959 and 1070 mnv fn" in +n +his nloscH —firm All nonresidential development constructed prior
to November 1, 1999, or annexed after November 1, 1999, which does not have a landscape plan
approved by Palm Beach Gardens or Palm Beach County on record with the City of Palm Beach
Gardens shall be considered nonconforming. The major nonresidential corridors that may contain
structures without approved landscape plans fall along Northlake Boulevard, Military Trail, PGA
Boulevard, Burns Road, Riverside Drive, and Ironwood Road.
(1) Upon adoption of the ordinance from which this chapter derives or upon the future
annexation of properties, the city shall contact the owners by certified letter of all
nonresidential developed land without approved landscape plans for such developed property
that the land is being placed in a nonconforming status. The owner of nonconforming
property shall have two years from the date of the nonconforming notice to comply with the
requirements set forth in this section.
(2) If after two years the nonconforming property has not been brought into compliance with
the requirements set forth in this section, the city manager or his designee shall mail a
certified letter to the owner of the property stating the violation. If the property owner shall
refuse or fail to comply within 30 days from the date of receipt of the violation letter, at the
discretion of the city manager the code enforcement department shall institute code
enforcement proceedings.
(3) The owner of any property which is placed in a nonconforming status pursuant to this
section shall have the right to petition for a variance as set forth in section 98 -136. The
requirements of the city manager to enforce this section shall be abated while and during the
petition for a variance shall be pending.
See. 9S -138. (d) Minimum landscape requirements for nonconforming landscaping areas.
(a 1) A landscape strip is required along the entire perimeter of all storage, parking, display,
sale or accessory vehicular use.
(h 2) A landscape strip shall be a minimum of five feet in depth, provided that a landscape
strip of 15 feet in depth shall be required on lands located along the frontage thereof which
is contiguous to public street rights -of -way.
(6 3) Landscape strips shall contain, on center, one tree for each 20 linear feet or fraction
34
thereof along all public streets, with a minimum of two trees on any one street frontage.
Landscape strips not adjacent to public streets shall contain one tree for each 40 linear feet
or fraction thereof.
(d 4) A hedge shall be planted within a landscape strip along the outside perimeter of all
storage, parking, display, sales, and interior parking within 50 feet of a public street or right -
of -way or any portion thereof. The balance of the area shall contain grass.
(c, 5) Palms planted in perimeter buffers shall be installed in groups of no less than three.
Each palm used in interior planting shall be considered to be one tree.
(f 6) Off - street parking areas providing 12 or more interior parking spaces shall be
landscaped with a minimum of 20 square feet of landscape area for each parking space. Each
landscape area shall contain a minimum of 50 square feet, contain a minimum of one tree
and, insofar as possible, shall be located uniformly throughout the parking area. The balance
of the area shall contain grass. All landscape strips shall, when a parking space lies
immediately adjacent thereto, be protected by curbs or wheel stops.
(g 7) The minimum, specifications and maintenance as to the living plant material as
described in this section shall be the same as required within this chapter (see sections 98 -72
and 98 -103).
SECTION 2. The City Clerk is hereby directed to ensure that the contents of this ordinance
are codified in the Code of Ordinances.
SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph,
sentence or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of the ordinance, but only that part declared
to be invalid.
SECTION 4. All ordinances or parts thereof in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be effective upon adoption.
35
PLACED ON FIRST READING THIS DAY OF _
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
ATTEST:
LINDA V. KOSIER, CMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN CLARK
COUNCILMAN JABLIN
COUNCILMAN SABATELLO
G \SC \Landscaping.doc
36
2000.
2000.
2000.
DAVID CLARK, COUNCILMAN
ERIC JABLIN, COUNCILMAN
CARL SABATELLO, COUNCILMAN
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
CITY ATTORNEY
AYE NAY
ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 6, 2000
Date Prepared: December 28, 1999
Granting to Waste Management, Inc. a Solid Waste, Recycling and Vegetation Waste
Collection Services Franchise
Subject /Agenda Item
Consider a motion to approve Ordinance 1, 2000, for first reading
Recommendation/Motion:
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Finance
Total
City Attorney
[ ] Approved
Finance
$
[ ] Approved w/
Current FY
conditions
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Ordinance, 2000
[ ] Other
Paper:
[ X ] Not Required
Submitted by:
Kent Olson, Finance
Affected parties
Budget Acct. #::
Director
Cindy Harvey, Adm As
to the City Manager v
[ ] Notified
( ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND:
Staff recommends that the City Council of the City of Palm Beach Gardens enter into an
agreement with Waste Management, Inc. for an exclusive five (5) year Solid Waste, Vegetation
and Recycling Collection Services Franchise.
December 28, 1999
ORDINANCE 1, 2000
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
FLORIDA, GRANTING TO WASTE MANAGEMENT, INC. A
SOLID WASTE, RECYCLING AND VEGETATIVE WASTE
COLLECTION SERVICES FRANCHISE, WHICH AGREEMENT
IS ATTACHED AS EXHIBIT "A "; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT; PROVIDING FOR REPEAL OF ORDINANCES
IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to enter into an
agreement with Waste Management, Inc. for an exclusive five (5) year Solid Waste, Vegetation
and Recycling Collection Services Franchise; and
WHEREAS, based on Waste Management, Inc.'s response to the City's Invitation to Bid,
the parties desire to enter into the proposed agreement which is attached hereto as Exhibit "A"
and by this reference made a part hereof; and
WHEREAS, said Franchise Agreement is in the best interest of the citizens of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens hereby grants to Waste
Management, Inc. a five (5) year exclusive Solid Waste, Vegetation and Recycling Collection
Services Franchise and authorizes the Mayor and City Clerk to execute said Franchise Agreement
on behalf of the City.
Section 2. As a condition precedent to the taking effect of this grant, Waste Management,
Inc. shall file its acceptance hereof with the City Clerk within 30 days of the date of adoption of
this Ordinance.
Section 3. All ordinances and resolutions of the City, or any part thereof, which are in
conflict with this ordinance are hereby repealed.
ORDINANCE 1, 2000
PAGE 2
Section 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
MAYOR JOSEPH RUSSO
, 2000.
2000.
0101
COUNCILWOMAN ERIC JABLIN
VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST: APPROVED AS TO FORM AND
LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
CITY ATTORNEY
AYE NAY ABSENT
SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
AGREEMENT
BETWEEN THE
CITY OF PALM BEACH GARDENS, FLORIDA
AND
WASTE MANAGEMENT, INC.
TABLE OF CONTENTS
ARTICLE I GENERAL INFORMATION
1.
LIAISON BETWEEN CITY AND CONTRACTOR
1
2.
COMMENCEMENT OF WORK
1
3.
TERM
1
4.
DEFINITION OF TERMS
1
5.
DESCRIPTION OF THE WORK
6
5.1 Contractor Responsibility
6
5.2 Protection of Adjacent Property and Utilities
6
5.3 Spillage
6
5.4 Designated Facility
6
ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE
COLLECTION
6.
RESIDENTIAL COLLECTION SERVICE
7
6.1 Scope
7
6.1.1 Frequency of Collection
7
6.1.2 Hours of Collection
7
6.1.3 Point of Pickup of Residential Solid Waste
7
6.1.4 Curbside Collection
7
6.1.5 Containerized Collection
8
6.1.6 Method of Collection of Residential Solid Waste
8
6.1.7 Vacant Lots
8
7.
COMMERCIAL COLLECTION SERVICE
9
7.1 Scope
9
7.1.1 Frequency of Collection
9
7.1.2 Point of Pickup of Commercial Solid Waste
9
7.1.3 Commercial Receptacles
9
7.1.4 Method of Collection of Commercial Solid Waste
9
7.2 Exclusions
9
8.
MUNICIPAL COLLECTION SERVICE
9
8.1 Scope
9
8.1.1 Collection and Containers
10
8.2 Special Events
10
9. SCHEDULE OF ROUTES 10
9.1 Schedules 10
9.2 Access 10
9.3 Natural Disasters 11
9.4 Holidays 11
10. COLLECTION EQUIPMENT 11
11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR
BIOMEDICAL WASTE AND SLUDGE 12
ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR -
RECYCLING
12. DESCRIPTION OF THE WORK
12
12.1
Scope
12
12.2
Frequency of Collection
12
12.3
Hours of Collection
12
12.4
Point of Pickup of Recyclable Materials
13
12.5
Receptacles
13
12.6
Method of Collection of Recyclable Materials
13
12.7
Schedules and Routes
13
12.8
Monitoring Records
14
12.9
Marketing of Recyclable Materials
14
12.10
Equipment
14
12.11
Holidays
15
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
15
ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
15
14.1
Scope
15
14.2
Frequency of Collection
15
14.3
Hours of Collection
15
14.4
Point of Pickup of Vegetative Waste
15
14.5
Preparation of Vegetative Waste for Collection
16
14.6
Method of Collection of Vegetative Waste
16
14.7
Routes
16
14.8
Equipment
16
14.9
Holidays
17
ARTICLE V QUALITY SERVICE
15. CONTRACTOR'S PERSONNEL 17
15.1
Contractor's Officer(s)
17
15.2
Dangerous Animals and Solid Waste Collection
17
15.3
Conduct of Employees
17
15.4
Employee Uniform Regulations
17
15.5
Compliance with State, Federal and
17.2 Billing Procedures
Municipal Law
17
15.6
Fair Labor Standards Act
18
15.7
Driver's License
18
15.8
Training
18
15.9
Non - discrimination
18
15.10
Drug -Free Workplace
18
16. CONTRACTOR'S OFFICE 18
16.1 Office and Equipment Yard
18
16.2 Notification to Customers
18
ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE
17.
PAYMENT AND BILLING
18
17.1 Compensation
18
17.2 Billing Procedures
19
17.3 Disposal Costs
19
17.4 Unusual Changes or Costs
20
17.5 Level and Type of Service for Collection
of Other Wastes
20
ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT
18.
CONTRACT PERFORMANCE
20
19.
COOPERATION /COORDINATION
21
20.
COMPLAINTS AND COMPLAINT RESOLUTION
21
20.1 Office
21
20.2 Complaints
21
20.3 Disputes About Collection of Certain Items
22
21.
DEFAULT AND DISPUTE OF THE AGREEMENT
22
22.
RIGHT TO REQUIRE PERFORMANCE
24
ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23.
PERMITS AND LICENSES
25
24.
TITLE TO WASTE
25
25.
FRANCHISE FEES
25
26.
SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
25
27.
BONDS AND SURETIES
25
27.1 Bid Security
25
27.2 Performance Bond
26
27.3 Requirements as to Surety
26
28.
INSURANCE REQUIREMENTS
26
28.1 Coverages
26
28.1.2 Worker's Compensation
26
28.1.3 Comprehensive General Liability
26
28.1.4 Automobile Liability Insurance
27
28.1.5 Umbrella Liability
27
28.2 Certificate of Insurance
27
29.
COMPLIANCE WITH LAWS AND REGULATIONS
27
30.
INDEMNIFICATION
27
31.
BOOKS AND RECORDS
28
32.
NOTICES
28
33.
TERMINATION
28
34.
WAIVER
28
35.
GOVERNING LAW
28
36.
SEVERABILITY
28
37.
ENTIRE AGREEMENT
28
ARTICLE IX UNIT INFORMATION
38. CITY POPULATION UNITS SERVICED 29
38.1 Municipal Collection Service 29
38.2 Municipal Special Events 30
BID PRICES 31
SIGNATURE PAGE 33
SOLID WASTE, RECYCLING AND VEGETATIVE WASTE COLLECTION
AGREEMENT
THIS AGREEMENT( "Agreement') is made as of this of January, 2000, by and between
the City of Palm Beach Gardens, Florida, hereinafter referred to as "City ", and Waste
Management, Inc., hereinafter referred to as "Contractor ", with its principal place of business at
651 Industrial Way, Boynton Beach, FL 33426.
WHEREAS, Contractor submitted a response to an Invitation to Bid, which was accepted by the
City on January 6, 2000.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein
contained, the parties agree as follows:
ARTICLE I
GENERAL INFORMATION
1. LIAISON BETWEEN CITY AND CONTRACTOR
All dealings, contracts, notice and payments between the Contractor and the City shall be
directed by the Contractor to the City Manager or his /her designee.
2. COMMENCEMENT OF WORK
The work outlined in these specifications shall commence on April 1, 2000.
3. TERM
3.1 The term of the Contract shall be for a period beginning April 1, 2000 and terminating
March 31, 2005.
3.2 The Contract may be renewed by mutual agreement for an additional five (5) year period.
The Contractor must notify the City of its desire to extend the contract on or before May
1, 2004, but not sooner than March 1, 2004. The City will respond to the request for
extension no later than July 1, 2004.
4. DEFINITION OF TERMS
4.1 Authorized Representative shall mean the employee or employees designated in writing by
the City Manager to represent the City in the administration and supervision of the
Contract.
4.2 Bidder shall mean any person, firm, corporation, organization or agency submitting a Bid
1
for the work outlined or his duly authorized representative.
4.3 Biohazardous or Biomedical Waste shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, included, but not limited to,
waste resulting from the operation of medical clinics, hospitals, and other facilities
producing wastes which may consist of, but are not limited to, diseased human and animal
parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated
clothing and surgical gloves.
4.4 Bulk Trash shall mean any non - vegetative item which cannot be containerized bagged or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges,
toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters,
sinks, bicycles, and other similar domestic appliances, household goods and furniture and
shall not be commingled with Vegetative Waste. There shall be no weight limit for any
item of Bulk Trash.
4.5 City shall mean the City of Palm Beach Gardens, Florida.
4.6 Collection shall mean the process whereby Solid Waste, Vegetative Waste or Recyclable
Material is removed and transported to a Designated Facility.
4.7 Commercial Service shall herein refer to the service provided to business establishments,
churches, schools, apartments (for profit buildings containing over four (4) living units are
classified as commercial accounts), rental communities, office buildings and other
establishments. Service shall include container rental, the rolling out and locking and
unlocking of containers, opening and closing doors and gates, exchanging containers,
changing container locations, supplying locks and locking mechanisms for containers, and
other services required for the proper maintenance of containers.
4.8 Commercial Solid Waste shall mean any Solid Waste generated by the operation of stores,
offices, and other commercial businesses. Commercial Solid Waste shall not include
Special Waste.
4.9 Construction and Demolition Debris shall mean materials defined as such from time to time
by the Department and Chapter 17 -7, F.A.C.
4.10 Contract or Agreement shall mean the Contract executed by the City and the Contractor
for the performance of the work.
4.11 Contractor or Vendor shall mean the person, firm, corporation, organization or agency
with whom the City has entered into an agreement to provide the services described herein.
4.12 Containerized Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from Residential Service Dwelling units that
2
requires the use of Containers for the collection of Recyclable Materials and the delivery
of those Recyclable Materials to a Designated Facility.
4.13 Containerized Residential Solid Waste Collection Service shall mean the collection of Solid
Waste by the Contractor from Residential Service Dwelling units that utilize Containers
for the collection of Solid Waste and the delivery of the Solid Waste to a Designated
Facility.
4.14 Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Residential Service Dwelling units whose Recyclable
Materials are collected at the curbside or roadway and the delivery of those Recyclable
Materials to a Designated Facility.
4.15 Curbside Residential Solid Waste Collection Service shall mean the collection of Solid
Waste by the Contractor from Residential Service Dwelling units whose Solid Waste is
collected at the curbside or roadway and the delivery of that Solid Waste to a Designated
Facility.
4.16 Curbside Residential Vegetative Waste Collection Service shall mean the collection of
Vegetative Waste by the Contractor from Residential Service Dwelling units whose
Vegetative Waste is collected at the curbside or roadway and the delivery of that
Vegetative Waste to a Designated Facility.
4.17 Department shall mean the Florida Department of Environmental Protection.
4.18 Designated Facility shall mean a disposal processing, recovery, recycling or transfer
facility designated by the City Manager or his /her designee.
4.19 Disposal Costs shall mean the "tipping fees" or landfill costs charged to the Contractor by
others for disposal at a Designated Facility of the waste collected by the Contractor.
4.20 Equipment Yard shall mean a real property location that shall be utilized by the Contractor
for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement.
4.21 Garbage shall mean all putrescible waste which generally includes but is not limited to
kitchen and table food waste, animal, vegetative, food or any organic waste that is
attendant with or results from the storage, preparation, cooking or handling of food
materials whether attributed to residential or commercial activities. Vegetative Waste shall
not be commingled with Garbage in the same collection. Garbage shall not include any
material that falls within the definition of Special Waste.
4.22 Garbage Receptacle shall mean any commonly available light gauge steel, plastic, or
galvanized receptacle of a non - absorbent material, closed at one end and open at the other,
c
furnished with a closely fitted top or lid and handle(s). A Garbage Receptacle also
includes a heavy duty, securely tied, plastic bag designed for use as a Garbage Receptacle.
Any Garbage Receptacle including waste materials shall not exceed fifty (50) gallons in
capacity or fifty (50) pounds in weight.
4.23 Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Regulation as a hazardous waste in the State of Florida Administrative
Code, or by any future legislative action or by federal, state or local law.
4.24 Industrial Wastes shall mean any and all debris and waste products generated by
manufacturing, food processing (except in restaurants and homes), land clearing, and
commercial shrubbery or tree cuttings, building construction or alteration (except do -it-
yourself projects) and public works type construction projects whether performed by a
government unit or by contract. Industrial wastes are not included in the scope of this
contract.
4.25 Loose Refuse shall mean any refuse, either Garbage or household Trash stored in and
collected from any type of container other than a Mechanical Container or Garbage
Receptacle as described in Section 4.22. Refuse which is collected from the ground is
considered loose refuse.
4.26 Mechanical Container shall mean and include any detachable metal container designed or
intended to be mechanically dumped into a loader /packer type of garbage truck used by the
Contractor.
4.27 Mixed Paper shall mean a mixture of paper products including magazines, catalogues,
phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes,
letter paper, junk mail, notebook paper and any other clean paper products.
4.28 Multiple - Family Dwelling Units shall mean any building containing two (2) or more
permanent living units, not including motels and hotels.
4.29 Performance Bond shall mean the form of security approved by the City and furnished by
the Contractor as required by this Contract as a guarantee that the Contractor will execute
the work in accordance with the terms of the Contract.
4.30 Recyclable Materials shall mean newspapers (including inserts), aluminum, aluminum foil,
plastic containers, glass bottles and jars, aeseptic containers, corrugated cardboard, brown
paper bags, Mixed Paper, tin and ferrous cans, household dry -cell batteries (no wet -cell
batteries), and other solid waste materials added upon Agreement between the City and the
Contractor, when such materials have been either diverted from the remaining solid waste
stream or removed prior to their entry into the remaining solid waste stream.
4.31 Recycling shall mean any process by which solid waste, or materials which otherwise
4
become solid waste, are collected, separated, or processed and reused or returned to use
in the form of raw materials or products.
4.32 Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the
normal housekeeping activities of a dwelling unit receiving Residential Service.
Residential Solid Waste shall also mean Construction and Demolition Debris (C &D)
resulting from minor home repair from the dwelling unit.
4.33 Residential Service shall herein refer to the Solid Waste, Recycling and Vegetative Waste
collection service provided to persons occupying residential dwelling units within the City
who are not receiving commercial service.
4.34 Rolloff Collection Service shall mean the collection of Construction and Demolition Debris
only by rolloff containers; or the collection of Construction and Demolition Debris by
other mechanical means, within temporary locations in the City, limited to new
construction sites; or the collection of commercial waste in rolloff containers. Rolloff
Collection Service shall also mean the collection of horticultural or agricultural wastes at
horticultural or agricultural nurseries, but only when the customer chooses to use rolloff
containers for horticultural or agricultural waste, and horticultural and agricultural waste
shall not include any other type of waste, including, but not limited to, Special Wastes,
Garbage or Recyclable Materials.
4.35 Solid Waste shall mean any Trash, Bulk Trash and Garbage and other discarded matter,
excluding Recyclable Materials.
4.36 Solid Waste, Recycling and Vegetative Regulations shall herein refer to regulations
prescribed by the City together with such administrative rules, regulations and procedures
as any be established for the purpose of carrying out or making effective the provisions of
this contract.
4.37 Sludge shall mean a solid or semi - solid, or liquid generated from any waste water
treatment plant, water supply treatment plant, air pollution control facility, septic tank,
grease trap, portable toilets and related operations, or any other such similar waste having
similar characteristics or effects.
4.38 Special Waste shall mean solid wastes that require special handling and management,
which are not accepted at a landfill or other disposal facility or which are accepted at a
landfill or other disposal facility at higher rates than is charged for Solid Waste, including,
but not limited to, asbestos, automobiles, boats, internal combustion engines, non-
automobile tires, Sludge, used oil, lead -acid batteries, liquid waste, Hazardous Waste and
Biohazardous or Biomedical wastes.
4.39 Trash shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes
and containers, sweeping, broken toys, tools, utensils, and all other accumulations of a
similar nature other than Garbage, which are usual to housekeeping and to the operation
5
of stores, offices and other commercial businesses, but shall not include Vegetative Waste.
4.40 Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping
maintenance and shall include materials such as tree and shrub materials, grass clippings,
palm fronds, Christmas trees, tree branches and similar other matter usually produced as
refuse in the care of lawns, landscaping and yards. Residents shall be strongly encouraged
to bag or containerize all grass clippings, leaves, pine needles, and similar small loose
items. Large Vegetative Waste items must be not more than twelve (12) feet in length, and
shall be placed neatly at the curb. Vegetative Waste does not include any form or matter
or debris resulting from tree removal, land clearing, land development, or waste generated
by tree surgeons, landscapers or lawn maintenance services.
5. DESCRIPTION OF THE WORK
5.1 Contractor Responsibility. The Contractor shall provide Solid Waste collection services
within the City Limits of Palm Beach Gardens. The Contractor shall have the exclusive
right to provide Solid Waste collection service, excluding Rolloff Collection Services, in
the City in accordance with the Specifications herein. Information regarding residential
and commercial volume may be found in Article IX.
The Contractor shall provide, at his own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks and any other tools, equipment,
accessories and things necessary to maintain the standard of collections and disposal set
forth herein.
5.2 Protection of Adjacent Property_ and Utilities. The Contractor shall conduct his work in
such a manner as to avoid damage to adjacent private or public property and shall
immediately repair or pay for any damage incurred through its operations. The Contractor
shall take cognizance of all existing utilities and it shall operate with due care in the
vicinity of such utilities and shall immediately repair or have repaired at no additional cost
to the owner any breakage or damage caused by its operation.
5.3 Spillage. The Contractor shall not litter or cause any spillage to occur upon the premises
or the rights -of -way wherein the collection shall occur. During hauling, all refuse shall
be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the
event of any spillage caused by the Contractor, the Contractor shall promptly clean up all
spillage.
5.4 Designated Facility_ . All Solid Waste shall be hauled to a landfill or to another permitted
site or facility as directed in writing by the City Manager or his /her designee and disposed
of at those facilities.
0
ARTICLE II
SERVICES TO BE PERFORMED BY CONTRACTOR - SOLID WASTE
COLLECTION
6. RESIDENTIAL COLLECTION SERVICE
6.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special
Waste, Hazardous Waste, Biohazardous or Biomedical Waste, and Sludge, from all
single family homes, multiple - family dwelling units and mobile homes. Mobile home
parks will be serviced as residential units but billed directly by the Contractor.
6. 1.1 Frequency of Collection. The Contractor shall collect Solid Waste from places
of residence within the City at least two (2) times per week, with collections at
least three (3) days apart.
6.1.2 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00)
a.m., and shall cease no later than six o'clock (6:00) p.m. The hours of
collection may be extended provided the Contractor has received prior approval
from the City Manager or his /her designee, to be later evidenced by a written
memorandum confirming the approval. Should the Contractor not confirm and
obtain in writing the approval to operate on an emergency basis, it shall be
conclusively presumed that the Contractor had not obtained such approval. No
collection shall occur on Sundays or holidays (referenced in 9.4) except in time
of emergency.
6.1.3 Point of Pickup of Residential Solid Waste. Collections of residential Solid
Waste shall be at curbside or other such locations as will provide ready
accessibility to the Contractor's collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the City Manager or his /her
designee shall designate the location. The Contractor shall collect at curbside
all Bulk Trash within three (3) days of placement. Nothing in this section shall
require the Contractor to remove waste resulting from construction activity or
the clearance of vacant lots, except as further required in Section 6.1.7 of these
Specifications.
6.1.4 Curbside Collection. The Contractor shall be required to pick up all Solid
Waste generated from residential units which have been properly prepared and
stored for collection as follows:
All Garbage shall be placed in a Garbage Receptacle at curbside or at such other
single collection point as may be agreed upon by the Contractor and the
customer.
7
Usual household Trash shall either be placed in containers where it shall be
collected in the same manner as garbage or piled at curbside. Non - containerized
trash shall be collected providing that is does not exceed eight (8) feet in length
for any piece or segment of such materials.
6.1.5 Containerized Collection. Multiple - Family Dwelling Units receiving
Containerized Residential Solid Waste Collection Service shall containerize all
Garbage and Trash. Bulk Trash shall be collected at a designated site agreed to
by the Contractor and the customer and approved by the City. Containerized
Services shall include the rolling out and locking and unlocking of containers,
opening and closing doors and gates, exchanging containers, changing container
location, supplying locks and locking mechanisms, and other services required
for proper maintenance of containers.
6.1.6 Method of Collection of Residential Solid Waste. The Contractor shall make
collections with a minimum of noise and disturbances to the customer. Front -
end loader vehicles shall not be utilized for Curbside Residential Solid Waste
Collection Service. Any Solid Waste spilled by the Contractor shall be picked
up immediately by the Contractor. Garbage receptacles shall be handled
carefully by the Contractor, shall not be bent or otherwise abused, and shall be
thoroughly emptied and then left at the proper point of collection. Metal and
plastic cans shall be inverted with covers placed topside up on the ground next
to the container. Any type receptacle found in a rack, cart or enclosure of any
kind shall be returned upright to such rack, cart or enclosure and lids shall be
placed securely and properly on the top of said receptacles. In the event of
damage by the Contractor for Garbage Receptacles, the Contractor shall be
responsible for the timely repair or replacement of said receptacles with seven
(7) days at no cost to the customer. The replacement must be similar in style,
material, quality and capacity. Throwing of any garbage can, container, or
recycle container is prohibited.
6.1.7 Vacant Lots. The Contractor shall also collect household trash, and garden and
yard trash from the swale or right -of -way of vacant lots in residentially
developed neighborhoods at no additional charge. The Contractor will pick up
at curbside any debris resulting from minor remodeling or home improvement
done by the resident. If there is a question concerning the Contractor's
obligation to collect waste of this type the City Manager or his /her designee
shall make such reasonable determination after investigating same. It will not
be the responsibility of the Contractor to remove waste resulting from clearing
property for building purposes.
7. COMMERCIAL COLLECTION SERVICE
7.1 Scope. The Contractor shall collect and dispose of all Solid Waste, except Special
Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from or
generated by any commercial or industrial use, and any use not contained within
residential services.
7.1.1 Frequency of Collection. Commercial uses may be collected at any time and
will be made frequently enough to prevent containers from becoming
overloaded. Commercial customers located adjacent to residential uses shall
only be collected during residential collection hours as stated in Section 6.1.2.
In the event a customer's container is consistently overloaded, the City will
require the customer to use a larger container. In the event of an emergency,
collection may be permitted at times not allowed by this paragraph, provided the
Contractor has received prior approval from the City Manager or his /her
designee, to be later evidenced by a written memorandum confirming the
approval. Should the Contractor not confirm and obtain in writing the approval
to operate on an emergency basis, it shall be conclusively presumed that the
Contractor had not obtained such approval.
7.1.2 Point of Pickup of Commercial Solid Waste. Commercial Solid Waste
customers shall accumulate Solid Waste at locations that are mutually agreed
upon by the customer and the Contractor and approved by the City which are
convenient for collection by the Contractor. Where mutual agreement is not
reached, the City Manager or his /her designee shall designate the location.
7.1.3 Commercial Receptacles. Commercial establishments shall use Mechanical
Containers as defined in Section 4.21. Containers must be properly maintained
and kept clean and sanitary.
7.1.4 Method of Collection of Commercial Solid Waste. The Contractor shall make
collections with as little disturbance as possible. Any Solid Waste spilled by the
Contractor shall be picked up immediately by the Contractor.
7.2 Exclusions. Rolloff Collection Services will not be included in the Agreement. The
Contractor may enter into separate agreements for the collection of construction and
demolition debris and other Rolloff Collection Services.
Nothing in these Specifications shall be construed to give the Contractor the exclusive
right to provide such Rolloff Collection Services.
8. MUNICIPAL COLLECTION SERVICE
8.1 Scope. The Contractor shall provide residential or commercial collection service, as
01
appropriate, to all property owned, leased, rented or controlled by the City of Palm
Beach Gardens including, but not limited to, those designated by the City Manager or
his /her designee if acquired during the contract term. These services shall be provided
at no charge to the City.
8.1.1 Collection and Containers. The Contractor shall empty all Solid Waste,
Recycling and Vegetative Waste containers in any and all of the above
mentioned properties at a frequency to be determined by the City Manager or
his /her designee. The City shall have the right to use mechanical containers,
commercial type trash cans with covers or any other container within the size
limits prescribed by definition. The Contractor shall provide all mechanical
containers for the use of the City, which said containers shall be kept in
operable condition by the Contractor throughout the life of the Contract.
8.2 Special Events. The Contractor shall provide at no charge to the City for all services,
containers and equipment required for waste disposal and portable sanitation service at
all special City functions or sponsored events deemed appropriate by the City Manager
or his /her designee.
9. SCHEDULES AND ROUTES
9.1 Schedules. The Contractor shall provide the City Manager or his /her designee with
schedules for all collection routes and keep such information current at all times. If any
change in the collection routes occurs, the City Manager or his /her designee shall be
notified in writing three weeks prior to said change. The City Manager or his /her
designee shall approve all permanent changes in routes or schedules that alter the day of
pickup. Upon approval of the City Manager or his /her designee, the Contractor shall
immediately notify the affected customer(s) in writing or other method approved by the
City Manager or his /her designee not less than two weeks prior to the change, at no
cost to the City. Notification of day changes for Curbside Residential customers shall
be by door hangar; notification to Container Residential and Commercial customers
shall be by flyer, unless otherwise approved by the City Manager or his /her designee.
All costs associated with the preparation and distribution of all notifications shall be
borne by the Contractor. These notification requirements also apply to any day changes
which may become effective April 1, 2000. Curbside Residential customers shall
receive two notices - one two weeks prior to the change and a second notice one week
prior to the change.
9.2 Access. The City reserves the right to deny Contractor's vehicles access to certain
streets, alleys and public ways inside the City en route to the disposal site where it is in
the interest of the general public to do so because of the condition of the streets or
bridges. The Contractor shall not interrupt the regular schedule or quality of service
because of street closures of less than eight (8) hours in duration. The City shall notify
the Contractor of street closures of longer duration and arrangements for service will be
10
made in a manner satisfactory to Contractor and City. Customers under this contract
shall receive reasonable notification of the schedules provided by the Contractor prior
to commencement of service. Only local truck routes shall be used in transit, unless
specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times during the year,
the quantity of Solid Waste to be disposed of is materially increased by the influx of
visitors. This additional load will not be justification for the Contractor to fail to
maintain the required collection schedules and routes.
9.3 Natural Disasters. In the event of a hurricane, tornado, major storm or other natural
disaster, the City Manager or his /her designee may grant the Contractor reasonable
variance from regular schedules and routes. As soon as practicable after such storm,
the Contractor shall advise the City Manager or his /her designee and the customer of
the estimated time required before regular schedules and routes can be resumed. In the
case of a storm where it is necessary for the Contractor and the City to acquire
additional equipment and to hire extra crews to clean the City of debris and Solid Waste
resulting from the storm, the Contractor shall be required to work with the City in all
possible ways for the efficient and rapid cleanup of the City. In such event, the
Contractor shall receive extra compensation above the Contract price for additional
employees, overtime, and cost of rental equipment, provided Contractor has first
secured prior written authorization from the City Manager or his /her designee. The
total cost for such service shall be based on rates jointly agreed to by the City Manager
or his /her designee and the Contractor. Upon notice from the City, the Contractor
shall secure or remove all receptacles, mechanical or portable, on City property. In
addition, the City may require the Contractor to provide city -wide emergency
vegetative collection prior to a storm.
9.4 Holidays. The Contractor will not provide service on the following holidays:
Thanksgiving and Christmas. If the regular collection day falls on any of the
aforementioned holidays, the Contractor shall collect the Solid Waste on the next
regularly scheduled collection day.
10. COLLECTION EQUIPMENT
The Contractor shall have on hand at all times, in good working order and sanitary
condition, such equipment as shall permit the Contractor to adequately and efficiently
perform its contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of garbage collection and disposal equipment. All
replacement and additional vehicles shall be new equipment unless otherwise agreed by
the City. Equipment shall be of the enclosed loader packer type, or other equipment
which meets industry standards and is approved by the City. All equipment shall be
kept in good repair, appearance, and in a sanitary and clean condition at all times. The
Contractor shall have available reserve equipment which can be put into service within
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two (2) hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by the Contractor to perform the contractual duties. A
list of the Contractor's equipment shall be given to the City at the time of each annual
audit.
Equipment is to be painted uniformly with the name of the Contractor, business
telephone number and the number of the vehicle in letters not less than five (5) inches
high on each side of the vehicle. All vehicles shall be numbered and a record kept of
the vehicle to which each number is assigned. No advertising shall be permitted on
vehicles, except of events sponsored by the City.
11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR
BIOMEDICAL WASTE AND SLUDGE
The Contractor shall not be required to collect and dispose of Special Waste, Hazardous
Waste, Biohazardous Waste, Biological Waste or Sludge, but may offer such service in
the City. All such collection and disposal for the types of waste referenced in this
section, when done by the Contractor, shall be in strict compliance with all federal,
state and local laws and regulations.
ARTICLE III
SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK
12.1 Scope. The Contractor shall collect all Recyclable Materials set out for the purpose of
recycling from all single family homes, multi - family units of four (4) or less units
under common ownership and individual mobile homes and mobile home parks within
the City limits of the City of Palm Beach Gardens. The collection of Recyclables shall
be conducted utilizing two containers.
Additionally, the Contractor shall provide adequate mechanical containers for a
recycling program for all condominiums and apartment complexes receiving
containerized service. Multifamily containerized recycling services shall utilize ninety-
six (96) gallon mechanical containers to collect Recyclable Materials.
As it becomes appropriate or beneficial, other items may be added to the list of
Recyclable Materials at the direction of the City Manager or his /her designee.
12.2 Frequency of Collection. The Contractor shall collect Recyclable Materials within the
City at least one (1) time per week. The day of collection shall be on the same day as
one of the collection days for solid waste.
12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m.
and shall cease no later than six o'clock (6:00) p.m.; provided, however, that in the
event of emergency or unforeseen circumstances, collection may be permitted at a time
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not allowed by this paragraph following approval by the City Manager or designee.
12.4 Point of Pickup of Recyclable Materials. Collection of Recyclable Materials shall be at
curbside or other such locations as will provide ready accessibility to the Contractor's
collection crew and vehicle. In the event an appropriate location cannot be agreed
upon, the City Manager or his /her designee shall designate the location.
12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which have been
properly prepared for collection and placed in recycling containers or paper bags and
set at curbside.
The Contractor shall supply and distribute to each new residence within the City two
(2) container for Recyclable Materials to be collected. The Contractor shall also
replace worn or broken containers for all residences upon reasonable request. The cost
of these containers will be borne by the Contractor. The containers shall be A -1
Products Corporation, Model 9732, "BLUE BOX", or approved equivalent.
Receptacles may be imprinted with a logo and /or recycling theme as approved by the
City. All recycling containers shall become the property of the City when distributed.
The Contractor shall maintain an adequate supply of containers to provide for new
residents and replacement containers. All recycling containers provided or replaced by
the Contractor shall be identical in type, size and color for each type of recycling
container.
The Contractor shall assume the obligation to pay the cost of providing recycling
containers to customers for the period October 1, 1999 through March 31, 2000,
inclusive. Said cost to be calculated by and reported in an accounting to the City by
Waste Management of Palm Beach. Such cost shall be paid to the City within
thirty(30) days of receipt of invoice from the City.
12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in writing the
Contractor shall separate at the point of pickup, at least the newspaper, aluminum cans,
glass and plastics into different sections of the collection vehicle. The Contractor shall
make collections with a minimum of noise and disturbance to the customer. Any
Recyclable Materials spilled by the Contractor shall be picked up immediately.
Recycling containers shall be thoroughly emptied and left inverted at the point of
collection.
12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit shall be
made on one of the two solid waste collection days for that dwelling unit. Therefore
schedules and routes shall match the schedules and routes for solid waste collection,
except that the City Manager or designee is authorized to modify, extend or suspend
schedules in the event of natural disaster, health hazard or any other state of emergency
requiring such action.
The City reserves the right to deny Contractor's vehicles access to certain streets, alleys
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and public ways inside the City en route to the disposal site where it is in the interest of
the general public to do so because of the condition of streets or bridges. The
Contractor shall not interrupt the regular schedule or quality of service because of street
closures of less than eight (8) hours in duration. The City shall notify the Contractor of
street closures of longer duration and arrangements for service will be made in a
manner satisfactory to Contractor and City. Customers under this contract shall receive
reasonable notification of the schedules provided by the Contractor prior to
commencement of service. Only local truck routes shall be used in transit, unless
specifically for the purpose of collection.
12.8 Monitoring Records. The Contractor shall be responsible for maintaining information
and records adequate to determine participation rates and weekly set out rates by
percent, volume of solid waste diverted from landfill by percent, weight by material of
items recycled, neighborhoods above or below average participation and other
information required by City, Palm Beach County or the State of Florida necessary to
meet the requirements of the Solid Waste Management Act or to obtain grant funds
from the Solid Waste Management Trust Fund. The Contractor shall furnish monthly
reports to the City due by the 10th of the following month containing the requested
information.
12.9 Marketing of Recyclable Materials. The Contractor and the City shall cooperate to
develop markets for Recyclable Materials. To the extent possible, based on
availability, capacity and market prices, the Contractor shall market the Recyclable
Materials through local businesses operating in Palm Beach County.
12.10 Equipment. The Contractor shall have on hand at all times, in good working order and
sanitary condition, such equipment as shall perform its contractual duties. Equipment
shall be obtained from nationally known and recognized manufacturers of recycling
equipment and shall be kept in good repair, appearance, and in a sanitary and clean
condition at all times. Collection vehicles shall have separate compartments into which
the different recyclable materials may be placed. Prior to purchasing equipment, it
shall be the responsibility of the Contractor to determine the available space, turning
radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials.
All replacement and additional vehicles shall be new equipment unless otherwise agreed
by the City. The Contractor shall have available reserve equipment which can be put
into service within two (2) hours of any breakdown. Such reserve equipment shall
correspond in size and capacity to the equipment used by the Contractor to perform the
contractual duties. A list of the Contractor's equipment shall be given to the City at the
time of each annual audit.
Equipment is to be painted uniformly for the recycling program. The Contractor may
also add his name and business telephone number to each side of the vehicle. The rear
of the vehicle shall contain signs warning the public of frequent stops. All vehicles
shall be numbered and a record kept of the vehicle to which each number is assigned.
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No advertising shall be permitted on vehicles except that approved by the City.
12.11 Holidays. The Contractor will not provide service on the following holidays:
Thanksgiving and Christmas. If the regular collection day falls on any of the
aforementioned holidays, Residential Recyclable Materials shall be collected on the
next scheduled recycling collection service day.
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The City and the Contractor will share responsibility for the promotion of the recycling
programs. The City and the Contractor will cooperate in the design of promotional
events and educational programs and the preparation of promotional materials such as
door hangers and /or flyers for public distribution; however, the City's contribution
shall be subject to budget, review and approval by the City. The Contractor will
distribute written information to the residential participants on a periodic basis. The
Contractor further agrees to conduct presentations for schools, civic groups,
homeowners associations and other appropriate citizens groups. It is the Contractor's
responsibility to provide information about those customers who repeatedly do not
prepare or set out their Recyclable Material or Solid Waste as specified within this
Contract.
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 Scope. The Contractor shall provide vegetative waste collection service within the City
limits of Palm Beach Gardens. The Contractor shall have the exclusive right to provide
vegetative waste collection service within the City in accordance with the specifications
herein.
14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste from
residences within the City at least one (1) time per week. The day of collection shall be
on the same day as one of the collection days for solid waste.
14.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m.
and shall cease not later than six o'clock (6:00) p.m.; provided that in the event of
emergency or unforeseen circumstances, collection may be permitted at a time not
allowed by this paragraph following approval by the City Manager or designee.
14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste shall be at
curbside or other such locations as will provide ready accessibility to the Contractor's
collection crew and vehicle. In the event an appropriate location cannot be agreed
15
upon, the City Manager or his /her designee shall designate the location.
14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick up all
Vegetative Waste generated from residential units as follows:
Vegetative Waste shall be placed adjacent to the pavement or traveled way of the street.
Residents will be strongly encouraged to bundle or containerize small or loose
Vegetative Waste.
In the event of a dispute between Contractor and a customer as to what constitutes
Vegetative Waste, the situation will be reviewed and decided by the City Manager or
his /her designee, whose decision shall be final.
14.6 Method of Collection of Vegetative Waste. The Contractor shall make collections with
a minimum of noise and disturbance to the customer. Any Vegetative Waste spilled by
the Contractor shall be picked up immediately by the Contractor. Receptacles shall be
handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be
thoroughly emptied and then left at the proper point of collection. Metal and plastic
cans shall be inverted with covers placed topside up on the ground next to the
container. Any type receptacle found in a rack, cart or enclosure of any kind shall be
returned upright, to such rack, cart of enclosure and lids shall be placed securely and
properly on the top of said receptacles.
14.7 Routes. The City reserves the right to deny Contractor's vehicles access to certain
streets, alleys and public ways inside the City en route to the disposal site where it is in
the interest of the general public to do so because the condition of the streets or bridges.
The Contractor shall not interrupt the regular schedule or quality of service because of
street closures of less than eight (8) hours in duration. The City shall notify the
Contractor of street closures of longer duration and arrangements for service will be
made in a manner satisfactory to Contractor and City. Customers under this contract
shall receive reasonable notification of the schedules provided by the Contractor prior
to commencement of service. Only local truck routes shall be used in transit, unless
specifically for the purpose of collection.
14.8 Equipment. The Contractor shall have on hand at all times and in good working order
such equipment as shall permit the Contractor to adequately and efficiently perform its
contractual duties. Equipment shall be obtained from nationally known and recognized
manufacturers of collection and disposal equipment. Collection vehicles shall be of the
enclosed loader parker type or other vehicle designed to allow for efficient collection of
Vegetative Waste. The equipment shall be kept in good repair, appearance, and in a
sanitary and clean condition at all times. All replacement and additional vehicles shall
be new equipment unless otherwise agreed by the City. The Contractor shall have
available reserve equipment which can be put into service within two (2) hours of any
breakdown. Such reserve equipment shall correspond in size and capacity to the
16
equipment used by the Contractor to perform the contractual duties. A list of the
Contractor's equipment shall be given to the City at the time of each annual audit.
14.9 Holidays. The Contractor will not provide service on the following holidays:
Thanksgiving and Christmas. If the regular collection day falls on any of the
aforementioned holidays, Vegetative Waste shall be collected on the next scheduled
vegetative waste collection service day.
ARTICLE V
QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL
15.1 Contractor's Officer(s). The Contractor shall assign a qualified person or persons to be
in charge of the operations within the City. The Contractor shall give the names of
these persons to the City. Information regarding the person's experience and
qualifications shall be furnished. Supervisory personnel must be present on the routes
to direct operations in a satisfactory manner. Said supervisor(s) must be available for
consideration with the City Manager or his /her designee and /or customers within a
reasonable, practicable time after notification of a request for such consultation. The
supervisor(s) shall operate a vehicle which is radio equipped. In addition, the
Contractor shall provide emergency contact numbers for all key personnel.
15.2 Dangerous Animals and Solid Waste Collection. Employees of the Contractor shall not
be required to expose themselves to the danger of being bitten by vicious dogs in order
to accomplish Solid Waste collection. In any case where the owner or tenants have
such animals at large, the Contractor shall immediately notify the City Manager or
his /her designee of such condition and of his inability to make collection because of
such conditions.
15.3 Conduct of Employees. The Contractor shall ensure that his /her employees serve the
public in a courteous, helpful and impartial manner. Contractor's collection employees
will be required to follow the regular walk for pedestrians while on private property.
No trespassing by employees will be permitted, nor crossing property of neighboring
premises unless residents or owners of both such properties shall have given
permission. Care shall be taken to prevent damage to property, including cans, carts,
racks, trees, shrubs, flowers and other plants.
15.4 Employee Uniform Regulations. The Contractor's Solid Waste, Recycling and
Vegetative Waste Collection employees shall wear a uniform or shirt bearing the
company's name during operations.
15.5 Compliance with State, Federal and Municipal Law. The Contractor shall comply with
all applicable City, State and Federal laws relating to wages, hours, and all other
17
applicable laws relating to the employment or protection of employees, now or
hereafter in effect.
15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees by execution
of the Contract to pay all employees not less than the Federal minimum wage and to
abide by other requirements as established by the Congress of the United States in the
Fair Labor Standard Act as amended and changed from time to time.
15.7 Driver's License. Each vehicle operator shall at all times carry a valid Florida
Commercial Driver's License for the type of vehicle that is being driven.
15.8 Training. The Contractor shall provide operating and safety training for all personnel.
15.9 Non - discrimination. No person shall be denied employment by the Contractor for
reasons of race, sex, national origin, creed, age, physical handicap, or religion.
15.10 Drug -Free Workplace. Preference shall be given to Contractors which have instituted a
Drug -Free Workplace.
16. CONTRACTOR'S OFFICE
16.1 Office and Equipment Yard. The Contractor shall establish an office within Palm
Beach County where complaints can be received. The office shall be equipped with
sufficient telephones with at least one local phone number, and shall be open during
normal business hours, 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through
Friday. The Contractor shall provide an answering machine during non - office hours for
customer inquiries to be responded to the following business day. The Contractor shall
maintain and adequately staff this office where complaints shall be received, recorded
and handled during normal working hours of each week and shall provide for prompt
handling of emergency complaints and all other calls.
An Equipment Yard must be established within Palm Beach County no later than March
1, 2000. Failure to establish an Equipment Yard may result in the revocation of award
and loss of franchise.
16.2 Notification to Customers. The Contractor shall notify all customers in writing about
complaint procedures, rates, regulations, and the days of collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
17.1 Compensation. The City shall pay the Contractor compensation for the performance of
IN
the Contract, the sums due based on the unit prices as listed in the Bid Form, subject to
any conditions or deductions as provided under the Contract. Contractor's Unit Price
Schedule for all collections hereunder shall include transportation costs. Contractor
shall submit an invoice by the 10th of each month for services rendered during the
preceding month, and payments will be made to the Contractor within 45 days upon
receipt and verification of the invoice submitted.
17.2 Billing Procedures. Billing arrangements for the various service types are summarized
as follows:
Service Type
Solid Waste Collection
- Residential, excluding Mobile Homes
- Commercial and Mobile Homes
Vegetative Waste Collection
- Residential, excluding Mobile Homes
- Mobile Home Parks
Recyclable Materials Collection
- Residential, excluding Mobile Homes
- Commercial and Mobile Homes
Customer Billed By
City
Contractor
City
Contractor
City
Contractor
On the first day of each month the Contract payment(s) for all services hereunder shall
be adjusted to correspond with the occupancy of existing or new buildings, and the
demolition of old buildings. The adjustment made on the first day of each month shall
be for buildings either occupied or demolished during the second month preceding the
adjustments; for example, any change which is made on June 1 of any year will be for
buildings occupied or demolished in April of the subject year. Any existing unit shall
be considered unoccupied whenever Seacoast Utility Authority has temporarily
terminated water service, at the customer's request only. Any new unit shall be
considered to be occupied when a certificate of occupancy has been issued and water
service has been provided to the unit's occupant(s). Proof of demolition shall be
demolition permits issued by the Building Department. The Contractor adjustments
will be based on unit costs included in the Contractor's original December 7, 1999 Bid.
17.3 Disposal Costs. Residential and commercial solid waste disposal costs are not included
with residential and commercial collection service costs. Residential disposal costs will
be billed by the Solid Waste Authority of Palm Beach County by non -ad valorem
assessment. The Contractor will be given a disposal credit for each residential unit as
calculated by the Solid Waste Authority.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by
19
non -ad valorem assessment. The non - assessment portion of the commercial disposal
costs will be billed to the commercial customers by the Contractor. The Contractor
shall pay the Authority for all solid waste disposal costs incurred and not paid through
non -ad valorem assessment. The Contractor shall not bill customers for disposal costs
in excess of the charges paid to the Authority. The Contractor shall assume 134 pounds
of refuse are contained per cubic yard.
17.4 Unusual Changes or Costs. The Contractor may petition the City at any time during
the term of this Agreement for an additional rate adjustment on the basis of
extraordinary and unusual changes in the cost of operations that could not reasonably be
foreseen by a prudent operator. The Contractor's request must be made within ninety
(90) days of the occurrence of such unusual change or cost, and shall contain substantial
proof and justification, as determined by the City Manager, to support the need for the
rate adjustment. The City may request from the Contractor, and the Contractor shall
provide, such further information as may be reasonably necessary in making its
determination. The City shall approve or deny the request, in whole or in part, within
sixty (60) days of receipt of the request and all other additional information required by
the City.
17.5 Level and Type of Service for Collection of Other Wastes. Where the Contractor
agrees to collect Special Waste, Hazardous Waste, Biohazardous or Biomedical Waste
or Sludge, a written agreement between the Contractor and the customer shall be
entered into regarding the level and type of service to be provided, at a rate to be
negotiated between the parties involved. However, upon failure of the parties to reach
such an agreement for commercial services only, either party may apply to the City
Manager or his /her designee, who shall establish the level and type of services to be
provided, including the area of the container and number of pickups per week. All
such collection and disposal for those types of waste in this section, when done by the
Contractor, shall be in strict compliance with all Federal, State, and Local laws and
regulations.
ARTICLE VII
CONTRACT PERFORMANCE /PENALTIES /DEFAULT
18. CONTRACT PERFORMANCE
The Contractor's performance of the Contract shall be supervised by the City Manager
or his /her designee. If at any time during the life of the Agreement, performance
reasonably satisfactory to the City Manager or his /her designee shall not be made, the
Contractor, upon notification by the City Manager or his /her designee shall increase the
force, tools and equipment as needed to properly perform the Contract. The failure of
the City Manager or his /her designee to give such notification shall not relieve the
Contractor of his obligation to perform the work at the time and in the manner specified
by the Agreement.
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The Contractor shall furnish the City Manager or his /her authorized representative with
every reasonable opportunity for ascertaining whether or not the work as performed is
in accordance with the requirements of the Contract.
The City Manager or his /her designee may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the Contractor shall
admit authorized representatives of the City to make such inspections at any reasonable
time and place.
The failure of the City at any time to require performance by the Contractor of any
provision thereof shall in no way affect the right of the City thereafter to enforce same.
Nor shall waiver by the City of any breach of provisions hereof taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of any provision
itself.
19. COOPERATION /COORDINATION
The City and its authorized representatives shall be permitted free access and every
reasonable facility for the inspection of all work, equipment and facilities of Contractor.
The Contractor shall cooperate with authorized representatives of the City in every
reasonable way in order to facilitate the progress of the work contemplated under this
Contract. He shall have at all times a competent and reliable English speaking
representative on duty authorized to receive orders and to act for him in the case of his
absence. Contractor shall provide the City a radio to allow direct communication with
the route supervisor and administrative offices.
20. COMPLAINTS AND COMPLAINT RESOLUTION
20.1 Office. The Contractor shall establish an office within Palm Beach County where
complaints can be received. The office shall be equipped with sufficient telephones
with at least one local phone number, and shall be open during normal business hours,
8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. The Contractor shall
provide an answering machine during non - office hours for customer inquiries to be
responded to the following business day. The Contractor shall maintain and adequately
staff this office where complaints shall be received, recorded and handled during
normal working hours of each week and shall provide for prompt handling of
emergency complaints and all other calls.
20.2 Complaints. The Contractor shall prepare and maintain, in accordance with a format
and method approved by the City, a register on all complaints, and shall indicate
thereon the disposition of each complaint. Such record shall be available for City
inspection at all times during business hours. The form shall indicate the day and hour
on which the complaint was received and the day and hour on which it was resolved.
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When a complaint is received after 12:00 o'clock noon on the day preceding a holiday,
or on a Saturday, it shall be serviced no later than the next working day. A monthly
listing of all the complaints filed of both residential and commercial and their
disposition shall be mailed monthly to the City Manager or his /her designee.
Legitimacy of challenged complaints shall be determined on the basis of a joint
inspection by the City Manager or his /her designee and representative of the
Contractor. Disputes shall be referred to the City Manager or his /her designee and
his /her decision shall be final.
20.3 Disputes About Collection of Certain Items. It is recognized that disputes may arise
between the City and Contractor with regard to the collection of certain items due to
disputes over the specific language of the Contract. The City Manager or his /her
designee may from time to time notify the Contractor by telephone to remove all such
Solid Waste or Vegetative Waste. Should the Contractor fail to remove the Solid Waste
or Vegetative Waste within twenty -four (24) hours from time of notification, the City
will do so and all costs incurred by the City shall be deducted from compensation due
the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is
determined that disputed Solid Waste or Vegetative Waste did not conform to contract
specification, the Contractor shall be entitled to additional compensation for removal.
21. DEFAULT AND DISPUTE OF THE AGREEMENT
It shall be the duty of the City Manager or his /her designee to observe closely the
Contractor's services pursuant to the Contract. Any of the following events shall be
deemed to be a material breach of contract:
a) The Contractor takes the benefits of any present or future insolvency statute, or shall
make a general assignment for the benefit of creditors, or file a voluntary petition in
bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or
the readjustment of its indebtedness under the Federal Bankruptcy laws or under any
other law or statute of the United States, or any state thereof, or consent to the
appointment or a receiver, trustee, or liquidator of all or substantially all of its
property; or,
b) By order or decree of a court, the Contractor shall be adjudged bankrupt, or an order
shall be made approving a petition filed by any of its creditors or by any of the
Stockholders of the Contractor seeking its reorganization or the readjustment of its
indebtedness under Federal Bankruptcy laws or under any law or statute of the United
States or of any state thereof; provided that, if any such judgment or order is stayed or
vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be
and become null, void, and of no effect; or,
c) By or pursuant to or under authority of any legislative act, resolution, or rule, or any
order or decree of any court of governmental board, agency, or officer having
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jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or
substantially all of the property of the Contractor, and such possession of control shall
continue in effect for a period of sixty (60) days; or,
d) The Contractor shall voluntarily abandon, desert, or discontinue its operations
hereunder; or,
e) Any lien is filed against any premises in the City because of any act or omission of
the Contractor and is not removed or the City and landowner adequately secured, by
bond or otherwise, within ninety (90) days after the Contractor has received written
notice thereof; or,
fl The Contractor has abandoned, failed, or refused to perform or observe each and
every promise in the Contract, or has failed or refused to comply with the instructions
of the City Manager or his /her designee relative thereto; and such default is not cured
within seven (7) days after receipt of written notice from the City.
If the Contractor fails to so cure the breach, the City Manager shall conduct a hearing
with due notice to the Contractor and the surety of the date and place of the hearing at
which the Contractor shall be required to show cause why the Contractor has not
breached the terms of the Contract. Should the Contractor fail to appear at the hearing
or fail to show cause why it has not breached the terms of the Contract to the
satisfaction of the City, the City shall declare a breach on the Contract and notify the
Contractor and the surety on the performance bond of such a declaration of breach, or
authorize the City Manager to take such other action.
If the Contractor or his surety fails to cure such breach within two (2) days thereafter,
then the City may thereupon declare the Contract canceled. Also, upon such a
declaration of breach, all payments due the Contractor shall be retained by the City and
applied to the completion of the Contract and to damages suffered and expenses
incurred by the City by reason of such breach, unless the surety on the performance
bond shall assume the Contract, in which event all payments remaining due to the
Contractor at the time of breach, less amount due the City from the Contractor and less
all sums due the City for damages suffered and expenses incurred by reason of such
default, shall be due and payable to such surety. Thereafter, such surety shall receive
monthly payments equal to those that would have been paid to the Contractor had said
Contractor continued to perform the agreement. If such surety fails to exercise such
option to cure, the City may complete the Contract or any part thereof, either by day
labor or by reletting the Contract, and the City shall have the right to take possession of
and use any or all of the vehicles, materials, equipment, facilities, and property of
every kind provided by the Contractor for the performance of the Contract and to
procure other vehicles of the same and to charge the cost of the same to the Contractor,
together with the costs incident thereto. During such period, the liability of the City to
the Contractor for loss or damage to such equipment so used shall be that of a bailee for
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hire, ordinary wear and tear being specifically exempt from such liability. In the event
the City completes the Contract at a lesser cost than would have been payable to the
Contractor under the Contract if the same had been fulfilled by said Contractor, then
the City shall retain such difference. Should such cost to the City be greater, the
Contractor shall be liable for and pay the amount of such excess cost to the City.
Any transfer or assignment of the responsibilities of the Contractor by the surety must
be approved by the City. The Contractor shall be excused from performance in cases
of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control.
For the purpose of this section, a strike shall be considered within the control of the
Contractor.
Except as otherwise provided in the Contract, any dispute concerning a question of fact
or of interpretation of a requirement of the Contract which is not disposed of by mutual
consent between the parties shall be decided by the City Manager, who shall reduce the
decision to writing and furnish a copy thereof to the parties. In connection with any
dispute proceeding under this clause the party shall be afforded an opportunity to be
heard and to offer evidence in support of its version of the facts and interpretation of
the Contract. The City Manager shall make such explanation as may be necessary to
complete, explain or make definite the provisions of the Contract and the findings and
conclusions shall be final and binding on both parties. Pending the final decision of a
dispute, the Contractor shall proceed diligently with the performance of the Contract in
accordance with the preliminary directions of the City Manager.
The Contractor expressly recognized the paramount right and duty of the City to
provide adequate waste collection as a necessary government function, and further
agrees, in consideration for the execution of the contract, that in the event the City shall
invoke the provisions of this section, Contractor will either negotiate with the City for
an adjustment of the matter or matters in dispute, or present the matter to a court of
competent jurisdiction with venue in Palm Beach County in an appropriate suit
therefore instituted by the Contractor or by the City.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Contractor of any
provisions hereof shall in no way affect the right of the City thereafter to enforce the
same, nor shall waiver by the City of any breach of any provision hereof be taken or
held to be a waiver of any succeeding breach of such provisions, or as a waiver of any
provision itself.
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ARTICLE VIII
GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses required by
law or ordinances and maintain the same in full force and effect.
24. TITLE TO WASTE
The City reserves the right at all times to hold title and ownership to all Solid Waste,
Vegetative Waste or Recyclable Materials collected by the Contractor.
25. FRANCHISE FEES
The Contractor shall pay to the City a fee of three percent (3 %) of all gross revenues
charged, collected or received arising out of any services or operations conducted in the
City. Solid waste disposal costs paid by the Contractor shall be deducted from the
gross revenue total prior to applying the 3 % for calculation of the franchise fee due to
the City. Franchise fees shall be payable within forty -five (45) days of the last day of
each calendar quarter. A late charge of 1.5 % of the monies due for the Franchise fee
shall be calculated monthly until payment is received.
26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
Subcontractors will be permitted only for the provision of portable sanitation services
for Special Events as noted under the Appendix. Otherwise, subcontractors will not be
permitted under the terms of the Agreement. Contractor shall make no assignment of
its rights or obligations under the Contract without first obtaining the written consent of
the City, which may be granted or withheld in its sole discretion. In the event
Contractor is a corporation, partnership or other legal entity, there shall be no change
in the direct or indirect legal or factual control of such entity without first obtaining the
written consent of the City. A change of legal control includes, but is not limited to, a
transfer of the ownership of over 20% of the Contractor or any person or entity owning
a 20% or greater interest, direct or indirect, in the Contractor.
27. BONDS AND SURETIES
27.1 Bid Security. Each Bid must be accompanied by a cashier's check, certified check or
bid bond payable to City of Palm Beach Gardens in the amount of $20,000. Bid
security will be forfeited if the successful Bidder fails to execute a contract with the
City substantially in the form of these General and Technical Specifications within
fifteen (15) days after notification of award of the Contract or fails to supply a
performance bond as specified in the bid. The City shall return the Bid securities of all
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Bidders upon the final award and execution of the Contract between the successful
Bidder and the City, and after proof of insurance and /or a Performance Bond as
specified herein has been received by the City.
27.2 Performance Bond. The Contractor shall furnish a performance bond in the form
attached to these Specifications as security for the performance of the Contract with the
City of Palm Beach Gardens. Said performance bond will be one -third of the annual
value of the executed Contract as calculated at award and adjusted yearly on the
anniversary date of the Contract, to remain in force for the duration of the Contract.
The premium for the performance bond described above shall be paid by the
Contractor. The performance bond shall be written in a surety company licensed to do
business in the State of Florida with an A.M. Best Financial Rating of A Class VI or
higher for the most current calendar year available.
27.3 Requirements as to Surety. The Surety or Sureties shall be a company or companies
satisfactory to the City. Any Surety shall be required to have a resident agent in the
State of Florida and shall be duly licensed to conduct business therein. The
requirement of Florida resident agent may be waived by the City if evidence
satisfactory to the City is provided that applicable requirements have been met to permit
service of process on a State official under State law.
28. INSURANCE REQUIREMENTS
28.1 Coverages. During the life of the Contract, the Contractor shall procure, maintain and
provide the City with certificates of insurance as evidence of the insurance required
under this Section 28 throughout the term of this Agreement and any extensions
thereof. The City shall be an additional insured on this insurance with respect to all
claims arising out of the operations or work to be performed. Cancellation or
modification of said insurance shall not be effected without thirty (30) days prior
written notice to City. Except as otherwise stated, the amounts and types of insurance
provided by the Contractor shall conform to the following minimum requirements:
28.1.2 Workers' Compensation. The Contractor shall provide and maintain during the
life of the Contract Workers' Compensation Insurance coverage in accordance
with statutory requirements. In addition, the policy must include Employer's
Liability Insurance in an amount not less than $100,000 each accident, $100,000
by disease and $500,000 aggregate by disease.
28.1.3 Comprehensive General Liability. The Contractor shall provide and maintain
during the life of the Contract Comprehensive General Liability Insurance.
Coverage must include, but not be limited to, Premises /Operations,
Products /Completed Operations, Contractual and Fire Legal Liability coverage.
The Contractor shall maintain minimum limits of $1,000,000 per occurrence
combined single limit for bodily injury liability and property damage liability.
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28.1.4 Automobile Liability Insurance. The Contractor shall provide and maintain
during the life of the Contract, Comprehensive Automobile Liability Insurance.
Coverage must include, but not be limited to, owned vehicles, and hired and
non -owned vehicles.
The Contractor shall maintain minimum limits of $1,000,000 per occurrence
combined single limit for bodily injury liability and property damage liability.
28.1.5 Umbrella Liability. In addition to the above limits, the Contractor shall provide
at least a $5,000,000 umbrella or excess liability insurance policy.
28.2 Certificate of Insurance. Certificates of all insurance required from the Contractor shall
be subject to the City's approval of adequacy and protection. Certificates from the
insurance carrier stating the types of coverage provided, limits of liability, and
expiration dates, shall be filed with the City before operations are commenced. The
required certificates of insurance shall not only name the types of policies provided, but
shall name the City as an additional insured as its interests may appear, and shall
provide that the insurance shall not be canceled, limited or non - renewed until after
thirty (30) days written notice has been given to the City. Contractor expressly
understands and agrees that any insurance protection furnished by Contractor shall in
no way limit its responsibility to indemnify and hold harmless the City under the
provisions of Section 30 of this Agreement.
29. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State and local laws
and regulations. It is understood that the City has ordinances for effecting a solid waste
control program. It is the responsibility of the Contractor to become familiar with such
ordinances, and it is understood that, if any provisions of said ordinances are in conflict
with the conditions of the Contract, the ordinances shall be the governing factor for
performances of the Contract.
30. INDEMNIFICATION
The Contractor shall defend, indemnify, save harmless, and exempt the City, its
officers, agents, servants, and employees from and against any and all suits, actions,
legal proceedings, liabilities, losses, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property arising
out of or resulting from the Contract or from work done by the Contractor in the
performance of the Contract except to the extent caused by the sole negligence of or
breach of contract by the City. In connection with any legal proceedings arising
hereunder, the City reserves the right to retain counsel of its choice and at its own
expense, or, in the alternative, approve counsel obtained by the Contractor.
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31. BOOKS AND RECORDS
The City shall have the right to review all records that pertain to the Contract which are
maintained by the Contractor upon three (3) days' prior written notice.
32. NOTICES
Any notice required hereunder shall be in writing and delivered in person, by telecopy
or by certified mail to either party at its business address shown herein.
33. TERMINATION
The Contract may be terminated by the City, with cause, upon sixty (60) days written
notice to the Contractor, or after such shorter notice and cure period as may be
specified hereunder. In the event the Contract is terminated as provided herein, the
Contractor shall be reasonably compensated for services rendered to the effective date
of such termination, as mutually agreed upon.
34. WAIVER
The waiver of any breach of any provision hereunder by either party shall not be
deemed to be a waiver of any preceding or subsequent breach hereunder.
35. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue shall be in Palm Beach County.
36. SEVERABILITY
If any paragraph, section, sentence, clause or phrase contained in this Agreement shall
become illegal, null or void or against public policy, for any reason, or shall be held by
any court or administrative body of competent jurisdiction to be illegal, null or void or
against public policy, the remaining paragraphs, sections, sentences, clauses or phrases
contained in this Agreement shall not be affected thereby.
37. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties relating to the
subject matter hereof, and supersedes any oral or written representations, assurances,
claims or disclaimers made either prior to simultaneous with the execution hereof. This
Agreement may be amended only by an instrument in writing signed by both parties.
►:
ARTICLE IX
38. CITY POPULATION AND UNITS SERVICED
PERMANENT POPULATION: 33,824 (1998 University of Florida estimate)
UNITS SERVICED: The City provides the number of residential units and commercial units
shown below as a good faith estimate based upon current information and will be used for Bid
calculations. Upon award of the Bid, an authorized representative of the City and an
authorized representative of the Contractor shall survey the residential units in the City to
verify and update the units to be serviced upon commencing operations in Palm Beach
Gardens. Commercial service units are based upon information provided by the City's current
hauler. THE CITY DOES NOT GUARANTEE ANY MINIMUM OR MAXIMUM
AMOUNT OF WORK WHATSOEVER.
RESIDENTIAL SERVICE:
Single Family units, curbside 8,125
Multi- Family units, curbside 5,800
Multi- Family units, containerized 2,350
Container rentals, units 353
Mobile Homes, units 461
COMMERCIAL SERVICE:
Commercial Containerized Collection, monthly cubic yards 20,000
38.1 Municipal Collection Service. The Contractor will provide Solid Waste, Recycling and
Vegetative Waste Collection service for City-owned properties at no cost to the City. The
Contractor will provide Solid Waste containers and Recycling containers, respectively, to
be serviced by the Contractor in the following City -owned or controlled areas. The City
may add or delete to this list as the City Manager or his /her designee deems necessary to
provide service to all City properties.
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38.2
Solid Waste containers:
Location /Site Address
Public Works Complex
Burns Fire Station, 10500 N. Military
Burns Community Center, 4404 Burns
PGA National Park, Ryder Cup Boulevard
Plant Drive Park
Plant Drive Park
Municipal Golf Course, 11401 W. Northlake
Municipal Golf Course, 11401 W. Northlake
Municipal Complex, 10500 N. Military
(City Hall /Police Station)
Municipal Complex, 10500 N. Military
(Gardens Park ballfields)
Municipal Complex, 10500 N. Military
(East of Gardens Park ballfields- Rolloff emptied as needed)
Lake Catherine Sports Complex, MacArthur & Northlake
Riverside Community Center, 10170 Riverside Drive
Fire Station #4, 7025 Fairway Lane
Fire Station #2, 11025 Campus Drive
Oaks Park, Gardens East Drive
Recycling containers:
Location /Site Address
Public Works Complex
Public Works Complex
Public Works Complex
Burns Fire Station, 10500 N. Military
Burns Community Center, 4404 Burns
Burns Community Center, 4404 Burns
Municipal Golf Course, 11401 W. Northlake
Municipal Golf Course, 11401 W. Northlake
Municipal Complex, 10500 N. Military
(City Hall /Police Station)
Fire Station #2, 11025 Campus Drive
Container /Information
Size Qty. Freq. /Week
4 yd.
1 1
6 yd.
1 1
6 yd.
1 2
6 yd.
1 1
6 yd.
1 1
55 gal.
1 1
8 yd.
1 2
2 yd.
1 2
6 yd.
1 1
8 yd.
1 2
20 yd. 1 .16
4 yd.
2
2
6 yd.
1
1
4 yd.
1
1
4 yd.
1
1
2 yd.
1
1
Size Qty. Freq. /Week
4 yd.
1 1
8 yd.
1 1
95 gal.
8 1
2 yd.
1 1
8 yd.
1 1
95 gal.
8 1
8 yd.
1 1
95 gal.
3 1
4 yd.
1 1
95 gal.
3 1
Vegetative Waste is collected at Plant Drive Park on Lilac Street near the roller hockey
rink on the driveway at the northwest corner of the Park.
Municipal Special Events
Approximately four (4) special events annually are sponsored by the City which require
Solid Waste and sanitation service.
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BID PRICES
SECTION 1: Residential Solid Waste, Recycling and Vegetative Waste Collection Service
The monthly residential rate per dwelling unit for collection prescribed in this Agreement shall
be as shown below:
Unit Cost
per Month
Single Family Residences
Solid Waste Curbside - two (2) time per week $ 3.66
Vegetative Curbside - one (1) time per week $ 1.25
Recycling Curbside - one (1) time per week $ 1.25
Hand Serviced Single Family Residential Total Monthly Cost $ 6.16
Multi- Family Dwelling Units
Solid Waste Curbside - two (2) times per week $ 3.03
Vegetative Curbside - one (1) time per week $ 1.25
Recycling Curbside - one (1) time per week $ 1.25
Hand Serviced Multi- Family Residential Total Monthly Cost $ 5.53
Mobile Home Units
Solid Waste Curbside - two (2) times per week $ 3.03
Vegetative Curbside - one (1) time per week $ 1.25
Recycling Curbside - one (1) time per week $ 1.25
Hand Serviced Mobile Home Residential Total Monthly Cost $ 5.53
Multi - Family Dwelling Units Serviced by Mechanical Containers
(Includes container rental and ancillary services)
Solid Waste Containerized -two (2) times per week $ 2.38
or as needed
Recycling Containerized -one (1) time per week $ 1.06
or as needed
Multi- Family Containerized Total Monthly Cost $ 3.44
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SECTION 2: Commercial Collection Service
The commercial collection rate for collection and transportation expenses (all expenses except
disposal costs) shall be as follows:
Unit Cost
per Cubic Yard
Solid Waste Collection Services $ 1.89
(includes container rental and ancillary services)
Unit Cost per
Compacted
Cubic Yard
Compactor Collection $ 2.41
(12 cubic yards or less)
Section 3: Other Charges
No additional customer charges will be imposed for services described in this Agreement.
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IN WITNESS WHEREOF, City and Contractor have set their hands and seals
on the day and year first above written to this Agreement and three counterparts,
each of which shall constitute an original.
CITY OF PALM BEACH GARDENS
WASTE MANAGEMENT,
INC. OF FLORIDA
City Manager President
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Clerk City Attorney
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