HomeMy WebLinkAboutAgenda Council Agenda 081700•
City of Palm Beach Gardens
Council Agenda
August 17, 2000
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
ZCouncil Member Clark
Mayor Russo
v(""'ouncil Member Furtado
Vice Mayor Jablin
i
/Council Member Sabatello
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All those wishing to address the City Council need to complete the necessary form
(supply located in back of Council Chambers) and submit same to the City Clerk prior
to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
AUGUST 17, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
a. Plaque to Lindsey Testa — Voted "All American"
b. Recognition of the Lady Gators
V. CITY MANAGER REPORT:
a. Police Department Update
b. Growth Management Report
C. Updates — Burns Road Widening and PGA Flyover
d. Budget Workshop
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please
submit request card to Clerk prior to this Item)
VII. CONSENT AGENDA:
a. Consideration of approving Minutes from the July 20, 2000 Regular City
Council Meeting.
b. Consideration of rejecting bids for Grant Writing Services.
C. Consideration of approving funding for the design, construction and
-l10 inspection of traffic signalization for the proposed Howell Lane Fire
Station.
d. Resolution 66, 2000 — Consideration of supporting Good Samaritan and
St. Mary's Medical Centers' continuing operations.
e. Resolution 69, 2000 — Consideration of approving Regional Center —
Parcel 27.03 Plat.
f. Resolution 70, 2000 — Consideration of approving Regional Center —
Parcel 27.10B Plat.
VIII. PUBLIC HEARINGS:
a. Ordinance 21, 2000 — Hibiscus Restaurant Outdoor Seating.
Consideration of an Ordinance of the City Council of the City of Palm
Beach Gardens, Florida, providing for an amendment to the existing
Planned Unit Development known as "Hibiscus Restaurant" (formerly
Bridge Center PUD) located at the Northwest Corner of PGA Boulevard
and Ellison Wilson Road, as originally approved by Ordinance 11, 1995,
to allow outdoor seating and service adjacent to the waterway; providing
for conditions of approval; providing for severability; providing for
conflicts; and providing for an effective date. (Consideration on second
and final reading)
b. Resolution 47, 2000 — 2700 PGA Boulevard Sign Variance.
Consideration of granting two variances to the 15 -foot setback and 300 -
foot frontage requirements of Section 110 -36, entitled "Ground Signs," of
the City Code for an existing ground sign located at 2700 PGA Boulevard.
(Continued from June 15, 2000 City Council meeting)
IX. RESOLUTIONS:
a. Resolution 60, 2000 — Consideration of appointing Leslie Ferris to the
Board of Trustees of the Police Officers' Retirement Trust Fund.
b. Resolution 61, 2000 — Consideration of appointing Kent Olson to the
Board of Trustees of the General Employees' Pension Plan.
C. Resolution 64, 2000 — Consideration of authorizing an agreement whereby
Northern Palm Beach County Improvement District agrees to pay
$111,000.00 toward the construction of drainage improvements for west
Holly Drive.
d. Resolution 65, 2000 — Consideration of approving the disclosures for the
Golf Digest (n/k/a Mirasol) PCD.
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e. Resolution 67, 2000 — Consideration of committing to a local cost share
associated with the unmet needs application for the Plat 4 development
relating to Tropical Storm Mitch.
X. ORDINANCES: (For Consideration of First Reading)
XI. ITEMS FOR COUNCIL ACTION:
XII. ITEMS FOR DISCUSSION:
a. Legacy Place
XIII. ITEMS & 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 S days
prior to the proceeding at telephone number (561) 799 -4200 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
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D
TO:
FROM:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and City Council DATE: August 11, 2000
Nabar Enrique Martinez, City Manager 9,
Information Items for Regular City Council Meeting of August 17, 2000
City Council Agenda:
VII. CONSENT AGENDA:
RECOMMENDATION: Motion to approve the Consent Agenda.
b. Consideration of rejecting bids for Grant Writing Services.
In an effort to enhance current revenue sources, staff investigated Grant Writing
Services through the RFP process. After careful analysis of respondents, staff
advises alternative remedies.
RECOMMENDATION: Council rejects the current proposals and suggests
seeking grant- writing services with a commission -based contract.
C. Consideration of approving funding for the design, construction and
inspection of traffic signalization for the proposed Howell Lane Fire Station.
In conjunction with construction plans for improvements necessary for the
proposed Howell Lane Fire Station, an emergency exit signal on Northlake
Boulevard is required.
RECOMMENDATION: Council consider a motion to approve funding for
design, construction and inspection of traffic signalization for the proposed
Howell Lane Fire Station made payable to the Palm Beach County Board of
County Commissioners in the amount of $40,000.00.
d. Resolution 66, 2000 — Consideration of supporting Good Samaritan and
St. Mary's Medical Centers' continuing operations.
The Friends of St. Mary's Medical Center requests that the City support
maintaining of the operation of both Good Samaritan and St. Mary's Medical
Centers.
RECOMMENDATION: Council consider a motion to adopt Resolution 66,
2000, supporting the request for continued healthcare benefits provided to
our community.
e. Resolution 69, 2000 — Approval of Regional Center — Parcel 27.03 Plat.
There are no Engineering concerns with this plat.
RECOMMENDATION: Council consider a motion to adopt Resolution 69,
2000, approving the Regional Center — Parcel 27.03 Plat.
f. Resolution 70, 2000 — Approval of Regional Center — Parcel 27. JOB Plat.
There are no Engineering concerns with this plat.
RECOMMENDATION: Council consider a motion to adopt Resolution 70,
2000, approving the Regional Center — Parcel 27.10B Plat.
VIII. PUBLIC HEARINGS:
a. Ordinance 21, 2000 — Hibiscus Restaurant Outdoor Seating.
(Consideration on second and final reading
This is a request by Attorney Lawrence W. Smith, agent for PGA - Summer
Associates, requesting an amendment to the development order to allow outdoor
seating with service for the Hibiscus Restaurant located at the northwest corner of
PGA Boulevard and Ellison Wilson Road. The original development order
contained a condition forbidding outdoor seating
RECOMMENDATION: Council consider a motion to adopt Ordinance 21,
2000 with conditions on second and final reading.
b. Resolution 47, 2000 — 2700 PGA Boulevard Sign Variance (Continued
from June 29, 2000 City Council meeting)
Quentin Partners Co., requests variances to setback and frontage requirements for
an existing ground sign located at 2700 PGA Boulevard.
RECOMMENDATION: Council consider a motion adopting Resolution 47,
2000.
IX. RESOLUTIONS:
a. Resolution 60, 2000 — Consideration of appointing Leslie Ferris to the
Board of Trustees of the Police Officers' Retirement Trust Fund.
The City's pension plan for Police Officers requires the City Council appoint two
residents to the Board of Trustees of the Police Officers' Retirement Trust Fund.
Leslie Ferris' term has expired.
RECOMMENDATION: Council consider a motion adopting Resolution 60,
2000, appointing Leslie Ferris to the Board of Trustees of the Police Officers'
Retirement Trust Fund.
b. Resolution 61, 2000 — Consideration of appointing Kent Olson to the
Board of Trustees of the General Employees ' Pension Plan.
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The City's pension plan for general employees requires the City Council appoint
two residents to the General Employees' Pension Plan.
RECOMMENDATION: Council consider a motion adopting Resolution 61
2000, appointing Kent Olson to the Board of Trustees of the General
Employees Pension Plan.
C. Resolution 64, 2000 — Consideration of authorizing an agreement whereby
Northern Palm Beach County Improvement District agrees to pay $111, 000.00
toward the construction of drainage improvements for west Holly Drive.
Northern's Unit of Development 31, consisting of BallenIsles, abuts the
residential area at Holly Drive and Gardens Glen, has experienced flooding and
drainage problems. This funding agreement provides that Northern Palm Beach
County Improvement District pay the City $111,000.00 towards the construction
of drainage improvements for Holly Drive.
RECOMMENDATION: Council consider a motion adopting Resolution 64,
2000, authorizing a funding agreement for Holly Drive drainage
improvements.
d. Resolution 65, 2000 — Consideration of approving the disclosures for the
Golf Digest (nik/a Mirasol) PCD.
This is a request for approval of the disclosures for the Golf Digest PCD in
accordance with the requirements of Ordinance 8, 2000 relating to the location of
County thoroughfares, the proximity of the Seacoast Utility Authority Wastewater
Treatment Facility and the fluctuation of water levels within the lakes and canals.
RECOMMENDATION: Council consider a motion adopting Resolution 65,
2000, approving Golf Digest disclosures.
e. Resolution 67, 2000 — Consideration of committing to a local cost share
associated with the unmet needs application for the Plat 4 development relating to
Tropical Storm Mitch.
This is a request authorizing the Mayor to execute a letter to accompany the
City's unmet needs application certifying that the City will commit to a local cost
share of 12.5% towards funding drainage improvements to Plat 4.
RECOMMENDATION: Council consider a motion adopting Resolution 67,
2000.
XII. ITEMS FOR COUNCIL DISCUSSION:
a. Legacy Place Preliminary Workshop
is
ITEM IV
(a) PLAQUE TO LINDSEY TESTA -
VOTED "ALL AMERICAN"
ITEM IV
(b) RECOGNITION OF THE LA
ITEM #V
(a) POLICE DEPARTMENT UPDATE
VERBAL REPORT
3
ITEM #V
(b) GROWTH MANAGEMENT REPORT
VERBAL REPORT
4
ITEM #V
(c) UPDATES — BURNS ROAD WIDENING
AND PGA FLYOVER
VERBAL REPORT
P
ITEM #V
(d) BUDGET WORKSHOP
VERBAL REPORT
L
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
July 20, 2000
The July 20, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida,
was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at
10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance
to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be
in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, and Councilmember Lauren Furtado.
Councilmember David Clark and Councilmember Carl Sabatello were absent from the meeting.
ANNOUNCEMENTS: Mayor Russo reported two Palm Beach Gardens residents had returned
from Wimbledon with two championships and requested that the City Council present them with a
proclamation. Vice Mayor Jablin reported a letter had been sent to the girls' agent.
PRESENTATIONS:
Donation to Palm Beach Gardens Youth Athletic Fund - Dennis O'Rourke, Assistant Police Chief
and member of the Board of PBGYAA, recognized a WCI donation of $2,000 for capital
improvements to the ball fields at Lake Catherine.
CITY MANAGER REPORT:
Construction Update - Building Official Jack Hansen thanked Jay McKee and Eric Vincent for their
assistance in helping complete projects, and provided an update on the progress achieved to date on
audio visual equipment, exterior signage, parking lot, postal kiosk, interior items, landscaping, plaza
fountain, and other items. Mr. Hansen noted the contract with the construction managers,
O'Donnell, Naccarato & Mignogna, had been terminated as of the end of June, 2000, which would
save approximately $15,000 per month; and that Mr. Hansen was now serving as the construction
manager for the final details.
Engineering Update - Engineer Dan Clark provided an update on the progress achieved to date on
various projects, as well as anticipated installation and completion dates. An analysis of the
beneficial reduction of trips on three State roads because of widening improvements to Burns Road
indicated a 9 %, 15 %, and 20% reduction in trips on those roads, which would help with CRALLS
on PGA Boulevard and place the City high on the list for eligibility to receive 35% funding for the
Burns Road improvements.
Growth Management Report - Growth Management Director Roxanne Manning reported revised
2010 model figures were only 1500 trips above the prior figures and that the CRALLS on PGA
Boulevard had been unanimously approved by the County Commission. Ms. Manning explained
that the developers were working on an agreement to fund the CRALLS. Ms. Manning reported the
North County Forum regarding traffic would be scheduled for the end of October if possible, which
was dependent upon a place to hold the forum. Ms. Manning reported that the Code Enforcement
Administrator position would be filled very shortly. Ms. Manning explained that the engineering
report on the mall site would be presented to the City Council and also to interested residents, and
should be completed within 2 -3 weeks so that the information could be compared to the proposed
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CITY COUNCIL REGULAR MEETING, 7/20/2000
2
solution before South Florida Water Management District issued a permit. Ms. Manning introduced
her mother and father, who were visiting. Vice Mayor Jablin introduced Helen Zintac, Candidate
for the Florida House of Representatives in District 83, who expressed interest in preserving quality
of life in the City, County, and State and complimented staff on managing growth.
COMMENTS FROM THE PUBLIC:
Forest Vincent, Shady Lakes resident, thanked Roxanne Manning for her efforts regarding the
landscape buffer and preserve area between Shady Lakes and Bent Tree development, and requested
the City Council and staff insist on full remediation of those areas. Ms. Manning reported that staff
would participate in educating the Bent Tree residents who had the buffer in their back yards and
were not aware they could not mow those areas, and reported that the City had had the preserves
posted.
Alex Perez and Roger Blangy, representing Gardens Woods, discussed the PGA Flyover, and
recommended the City Council empower City staff to resolve the possible movement of the railroad
crossing, reported correspondence from DOT and FEC railway company, and newspaper articles
against the proposed move, and suggested the City encourage DOT to drop their bridge from the
plans because none of the principals wanted the crossing where the bridge was shown, and to apply
the $500,000 the bridge would cost to beautification of the flyover. Councilwoman Furtado
suggested Mr. Perez and Mr. Blangy meet with her and staff to go over the situation.
Bud Sebenrock reported he had come to the City Council in February for help with flooding in his
neighborhood, and tonight wished to say thank you and also to thank the Council for their support
of the North County Traffic Forum and for their help with the County's attempt to purchase the oak
hammock on the Regional Center property.
CONSENT AGENDA: Councilwoman Furtado moved approval of the Consent Agenda. Vice
Mayor Jablin seconded the motion, which carried by unanimous 3 -0 vote. The following items.were
approved on the Consent Agenda:
1. Consideration of approving Minutes from the June 15, 2000 Regular City Council
Meeting.
2. Consideration of renewing the lease for the Police Department Truancy Interdiction
Program /Field Office.
3. Resolution 59, 2000 - Consideration of authorizing execution of an application for
funding through the COPS MORE Grant Program.
PUBLIC HEARINGS:
Ordinance 17, 2000 - Mayor Russo declared the public hearing open, held on the intent
of Ordinance 17, 2000 - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, Enacting New Land Development Regulations in the Code of Ordinances
for the City of Palm Beach Gardens; repealing Chapter 78, General Provisions; repealing
Chapter 82, Administration; repealing Chapter 90, Concurrency Management System;
repealing Chapter 94, Excavation and Fill Regulations; repealing Chapter 98, Landscaping
and Vegetation Protection; repealing Chapter 102, Natural resources and Environmentally
Sensitive Lands; repealing Chapter 106, Public Places; repealing Chapter 110, Signs;
repealing Chapter 114, Subdivisions; repealing Chapter 118, Zoning; adopting a new
Chapter 78, entitled Land Development Regulations, that provides for General Provisions,
Review and Decision - Making Authority, Development Review Procedures, Zoning Districts,
Supplementary District Regulations, Violations and Enforcement, and Definitions; providing
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CITY COUNCIL REGULAR MEETING, 7/20/2000 3
for severability; providing for codification; providing for conflicts; and providing for an
effecting date- for consideration of Second Reading and Adoption. Principal Planner Steve
Cramer and Consultant Marty Hodgkins reviewed items changed since first reading, including
minimum building height in the mixed use district which would require a comprehensive plan
amendment and subsequent re -write of that section, cash payments in lieu of preservation,
concurrency, drainage criteria, signage on taller buildings, and open space requirements for mixed
uses. Henry Skokowski thanked staff and Mr. Hodgkins for allowing his participation in this
process, commented staff had done a very good job and had provided assurance that followup
matters would be properly addressed, and stated it was important for the new code to be clear,
consistent, and flexible so that innovative design could be accomplished in mixed use districts.
Attorney John Gary agreed with Mr. Skokowski and thanked staff also. Mr. Gary referred to Section
282, lake maintenance tract, noted that developers would want to landscape certain areas and
requested the City Council retain flexibility to agree to items such as recreational amenities but not
to be limited to recreational amenities. Growth Management Director Roxanne Manning discussed
this matter. It was decided that a policy memo would address this issue. Hearing no further
comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin
made a motion to approve Ordinance 17, 2000, upon Second Reading by title only as revised and
with ability to change any typographical errors. Councilwoman Furtado seconded the motion, which
carried by unanimous 3 -0 vote. The City Clerk read Ordinance 17, 2000 on Second Reading by title
only.
RESOLUTIONS:
Resolution 42, 2000 - Staff presented Resolution 42, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, providing for approval of a site plan of development for a sales
center and gatehouse within the Golf Digest (Mirasol) PCD, located along PGA Boulevard and as
more particularly described herein; providing for three waivers to allow for a reduction in parking
stall dimensions, a waiver of the bicycle parking requirement, and the addition of 31 parking spaces
over the minimum provided by Code. Anne Booth, Urban Design Studio, agent for the petitioner,
spoke on behalf of the petitioner. It was agreed that in the future when the use of the sales center
was to be changed the petitioner would be required to come back before the City Council. Ms.
Booth requested modification to condition one to change the language so that the plat would be
required prior to certificate of occupancy rather than prior to construction plan approval, and to
delete condition three, and explained that staff had agreed to both modifications. Vice Mayor Jablin
made a motion to approve Resolution 42, 2000 with the modifications to conditions as accepted by
staff and enunciated by Ms. Booth. Councilwoman Furtado seconded the motion, which carried by
unanimous 3 -0 vote.
Mayor Russo introduced candidate for Florida House of Representatives Jeff Atwater, who thanked
the Mayor for the opportunity to introduce himself.
Resolution 46, 2000 - Staff presented Resolution 46, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, providing for approval of execution of a second amendment
to the Interlocal Agreement dated September 2, 1997, creating the Northlake Boulevard Corridor
Task Force. It was announced that Resolution 46, 2000 had been pulled from the agenda.
Resolution 50, 2000 - Staff presented Resolution 50, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, providing for approval of a Master Site Plan of Development
CITY COUNCIL REGULAR MEETING, 7/20/2000 4
for an office development with a total of 46,000 square feet and consisting of a bank (4,000 square
feet), medical (10,800 square feet) and professional office (31,200 square feet), and for nine waivers
and one amendment to allow the use of specialty pavers, reduction in size of two loading spaces
(12x25 feet), ATM lane instead of pass -by lane, increase of height limitation to 70.25 feet, two
additional building identification signs on north elevations for both buildings, two tenant signs for
each building, reduction in the side setback requirement for building one, an amendment to
Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site, which is within the
Regional Center DRI and PCD along PGA Boulevard, and more particularly described herein;
providing for conditions of approval; and providing for an effective date. Henry Skokowski and
John Gregory represented the petitioner. Precast concrete versus EIFS building systems was
discussed. Stucco over block construction was offered by the petitioner as an alternative and agreed
upon. Signage was discussed. The City Attorney stated the following modification: Amendment
to condition 3 to change precast concrete to stucco over concrete block. Vice Mayor Jablin made a
motion to approve Resolution 50, 2000 as amended, as read into the record by the City Attorney.
Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote.
Resolution 52, 2000 - Staff presented Resolution 52, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an easement
in favor of Florida Power and Light to construct underground facilities within the PGA Boulevard
landscape buffer, and providing for an effective date. Councilwoman Furtado made a motion to
approve Resolution 52, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous
3 -0 vote
Resolution 53, 2000 - Staff presented Resolution 53, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, adopting a Uniform Right -of -Way Permit Application and
Standards for Utility Installations in Public Rights -of -Way and Easements, and providing for an
effective date. Vice Mayor Jablin made a motion to approve Resolution 53, 2000. Councilwoman
Furtado seconded the motion, which carried by unanimous 3 -0 vote.
Resolution 55, 2000 - Staff presented Resolution 55, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute an Interim
Right -of -Way Use Agreement with FPL Fibernet LLC, and providing for an effective date. Vice
Mayor Jablin made a motion to approve Resolution 55, 2000. Councilwoman Furtado seconded the
motion, which carried by unanimous 3 -0 vote.
Resolution 56, 2000 - Staff presented Resolution 56, 2000 - A Resolution of the City Council of the
City of Palm Beach Gardens, Florida, authorizing the issuance of the City's $1,200,000 aggregate
principal amount General Obligation Bond, Series 2000; establishing or providing for the
establishment of the date, interest rate, interest payment dates and maturity schedule of said series
2000 Bond; delegating to the City Manager the ability to award the sale thereof; authorizing officials
to take actions and execute documents in connection with the issuance of said Series 2000 Bond;
providing certain other details with respect to said Series 2000 Bond, and providing an effective date
for this resolution. Vice Mayor Jablin made a motion to approve Resolution 56, 2000.
Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote.
ORDINANCES:
Ordinance 24, 2000 - Staff presented Ordinance 24, 2000 - An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code,
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CITY COUNCIL REGULAR MEETING, 7/20/2000
entitled "Taxation;" adding a new Article IV entitled "Public Service Tax;" adding a new division
1 entitled "Utility Tax" and Division 2 entitled "Telecommunication Service Tax;' adding Sections
66 -150 through 66 -175; levying a 10% Public Service Tax on purchases Ordinance 24, 2000.
Consideration of an Ordinance of the City Council of electricity, gas and water, requiring monthly
payment; providing for collection; providing for exemptions; levying a 7% Public Service Tax on
purchases of Telecommunications Service within the City which originate and terminate in the State
of Florida; requiring monthly payment; providing for collection; providing for exemptions; providing
for severability; providing for codification; providing for conflict; and providing for an effective
date; and for other purposes - for consideration of First Reading. Vice Mayor Jablin made a motion
to deny Ordinance 24, 2000. Councilwoman Furtado seconded the motion, which carried by
unanimous 3 -0 vote.
ITEMS FOR COUNCIL ACTION:
Burns Road Council Liaison - Consideration of appointing a Council member to serve as a liaison
to staff for the Burns Road construction project. Vice Mayor Jablin made a motion to nominate
Councilman Sabatello as liaison to staff for the Bums Road construction project. Councilwoman
Furtado seconded the motion. Mayor Russo commented that Councilwoman Furtado was the
alternate liaison. Motion carried by unanimous 3 -0 vote.
ITEMS FOR DISCUSSION:
Millage Rate - Consideration of authorizing the filing of a tentative maximum operating millage rate
of 5.2085 with the County, which would be an overall increase of 29 %. Staff proposed a
presentation of proposed reductions be made at the August 17 City Council meeting. Vice Mayor
Jablin noted none of the City Council members were in favor of such an increase. Councilwoman
Furtado made a motion to approve the staff recommendation subject to an August 17, 2000
workshop that the millage rate shall not exceed 5.2085. Vice Mayor Jablin seconded the motion,
which carried by unanimous 3 -0 vote.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Vice Mayor Furtado provided information for staff on criteria for proposed railroad crossing
improvements and quiet zones. Vice Mayor Furtado commented the County Engineer needed to
receive the City's request for payment of 35% of the Burns Road improvements as soon as possible.
Vice Mayor Jablin questioned the timetable for installation of a traffic light at Gardenia and Military
Trail. Staff stated they would apply for the minimum blinking time so that the light could be fully
operational by November 1, 2000.
CITY ATTORNEY REPORT:
City Attorney Rubin reported the Vavrus case would not go to trial as previously reported since a
counter claim had been filed, but might go to trial later in the year. The City Attorney advised that
eminent domain hearings for Burns Road parcels would be held during September 2000. City
Attorney Rubin reported he had recently received Board Certification in City, County, and Local
Government Law.
CITY COUNCIL REGULAR MEETING, 7/20/2000 6
ADJOURNMENT There being no further business to discuss, upon motion by
Councilwoman Furtado, seconded by Vice Mayor Jablin, carried 3-
0, the meeting was adjourned at 9:40 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOLD
CITY CLERK
fz
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: August 8, 2000
Subject/Agenda Item
Consent Agenda: Rejection of Bids /Alternative Proposal
Recommendation /Motion:
Staff is recommending rejection of proposals and suggests an 'alternative proposal.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Administration /Finance
[ ] Approved
Finance
$
[ ] Approved w /condivans
ACM
Current FY
[ ]Denied
Human Res.
Advertised:
Other
Funding Source:
[ ]Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ NA] Not Required
( ] Other
Submitted by: /
Beth Ingold -Love
Affected parties
[ ] Notified
Budget Acct. #::
[ ] None
Approved by:
[ NA ] Not required
BACKGROUND:
See attached memorandum.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: August 8, 2000
APPROVED: Nabar E. Martinez, City Manager AM
FROM: Kent R. Olson, Finance Director
Beth Ingold -Love, Assistant to City Manager
Holly Luzader, Assistant Finance Director
Ernie Carr, Police Department Commander
Brian McLaughlin, Parks & Recreation Assistant Director
SUBJECT: Grant Writing Services
BACKGROUND
The City of Palm Beach Gardens continues to search for alternative revenue sources to
fund City projects. One of the methods to augment local funding is to acquire grant
funds. With this in mind, the City issued a Request For Proposal to provide grant writing
services.
DISCUSSION
The City received a total of four proposals in response to the RFP. The proposals we
received are summarized below.
Company
Fee
Berryman, Henigar
$
45,000
Rosalind Fischel
$
45,600
In Rem Solutions
$
50,000
Langton Associates
$
62,500
In order to conduct due diligence before making a recommendation, staff reviewed all
proposals and grant application samples, completed a rating form, held three meetings to
discuss the proposals and checked references for each proposal submitted. Considering
all factors relevant to the importance of this project to the City, including cost,
accountability, experience, recommendations and likelihood of success, staff began to
explore alternative options. After researching the viability of available options, staff is
prepared to recommend an alternative plan of action.
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RECOMMENDATION
Staff recommends rejecting all proposals and seeking to fill a contractual grant writing
position based on a base monthly fee and potential bonus for all grants obtained.
In making this recommendation, staff believes a number of benefits will be realized.
First, the City will retain the ability to exercise greater control over the contract and,
therefore, the results. Second, the proposed method will result in a cost savings to the
City since partial payment will be based on results. The funding required for the position
would be less than any of the proposals received and would enable the City to remain
within the limit of funding proposed in the 2000 -2001 budget. If no results are achieved,
the contract could be terminated. Finally, accountability and accessibility would be
increased.
The proposed plan of action includes the development of a job description and immediate
posting of the position. Staff researched the existence and pay scales of grant writing
positions in other cities. Although the survey did not reveal any other cities that
incorporate a "commission- based" component, the response to the posting of the position
will immediately reveal the viability of this option. Staff proposes filling the contractual
position with an October 1, 2000 start date followed by a monthly re- evaluation of the
position's progress. Staff has discussed the proposal with the City Attorney.
If the proposed option proves to be unsuccessful, minimal funding will have been lost.
Staff would then proceed with approaching the original respondents to the RFP to discuss
the possibility of a bonus -based contract.
/bil
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: August 2, 2000
Subject/Agenda item: Approval of funding for the design, construction and
inspection of traffic signalization (i.e., emergency signal) for the proposed Howell
Lane Fire Station.
Recommendation /Motion: Consider motion to approve funding for Palm Beach
County Traffic Division to design, construct and inspect traffic signalization for the
proposed Howell Lane Fire Station in the amount of $40,000.
Reviewed by:
Originating Dept.:
Costs: $40,000.00
Council Action:
Total
City Attorney
Fire/Rescue
[ ] Approved
Finance
$ 40,000.00
[ ] Approved wt conditions
ACM
Current FY
[ j Denied
Human Res.
Other
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
[ ] Operating
Paper:
[ X ] Other: Capital Outlay
Account
Submitted byrW
[ X ] Not Required
Daniel P. Clark, P.E.
Affected parties
[ ] Notified
Budget Acct. #:
01 -1200- 522.6210
[ ] None
Approved ..
Pete Bergel, Fire Chief
[X ] Not required
Approved by:
[ ] Notified
[ ] None
City Manager
[ X ] Not required
BACKGROUND:
The City's Fire /Rescue and Engineering Departments are currently in the process of designing the
improvements for the proposed Howell Lane Fire Station that will be constructed on the northeast corner of
the intersection of Howell Lane and Northlake Boulevard. A necessary improvement associated with the Fire
Station includes an emergency exit signal to be located on Northlake Boulevard.
This project will be funded with monies available from the Capital Outlay Account, Account No. 01 -1200-
522.6210.
DISCUSSION: 16
The City Engineer is in the process of preparing Construction Plans and Specifications for the Civil
Engineering improvements necessary for the proposed Howell Lane Fire Station. A relevant portion of the
proposed improvements includes the design and construction of an emergency exit signal on Northlake
Boulevard. Since Northlake Boulevard is a Palm Beach County-owned roadway, it is a requirement of the
R 99-4056WACouncil Agenda Cover Memo for Traffic Signalization I
County that their Traffic Division procure and manage the design, construction and inspection of the traffic
signalization. The signal design and inspection will be performed by the County's Traffic Division. The
signal installation will be accomplished by either the County's Traffic Division or the County's designated
signal contractor.
In order to perform the work, the County requires that the City establish an escrow account in the amount
of $40,000 for traffic signalization. As an alternative, the City may forward a check to the County made
payable to the Palm Beach County Board of County Commissioners.
RECOMMENDATION:
Staff recommends that the City Council approve funding for the design, construction and inspection of traffic
signalization for the proposed Howell Lane Fire Station in the amount of $40,000.00.
RV994056WACcuncil Agenda Cover Memo for Traffic Signalization 2
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Nabar Martinez, City Manager Date: August 2, 2000
APPROVED: Pete Bergel, Fire Chie
FROM: Daniel P. Clark, P.E.,, City Engineer
SUBJECT: Howell Lane Fire Station
The Fire/Rescue Department is requesting City Council approval to provide funding for
the design, construction and inspection of traffic signalization (i.e., emergency signal) for the
proposed Howell Lane Fire Station.
BACKGROUND:
The City's Fire/Rescue and Engineering Departments are currently in the process of
designing the improvements for the proposed Howell Lane Fire Station that will be constructed
on the northeast corner of the intersection of Howell Lane and Northlake Boulevard. A
necessary improvement associated with the Fire Station includes an emergency exit signal to be
located on Northlake Boulevard.
This project will be funded with monies available from the Capital Outlay Account,
Account No. 01- 1200 - 522.6210.
DISCUSSION:
The City Engineer is in the process of preparing Construction Plans and Specifications
for the Civil Engineering improvements necessary for the proposed Howell Lane Fire Station. A
relevant portion of the proposed improvements includes the design and construction of an
emergency exit signal on Northlake Boulevard. Since Northlake Boulevard is a Palm Beach
County -owned roadway, it is a requirement of the County that their Traffic Division procure and
manage the design, construction and inspection of the traffic signalization. The signal design
and inspection will be performed by the County's Traffic Division. The signal installation will
be accomplished by either the County's Traffic Division or the County's designated signal
contractor. Please note that the construction costs do not include any utility relocation fees that
may be required for the signal installation.
In order to perform the work, the County requires that the City establish an escrow
account in the amount of $40,000 for traffic signalization. As an alternative, the City may
forward a check to the County made payable to the Palm Beach County Board of County
Commissioners.
VO
RECOMMENDATION:
Staff recommends that the City Council approve funding for the design, construction and
inspection of traffic signalization for the proposed Howell Lane Fire Station in the amount of
$40,000.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: August 7, 2000
Meeting Date: August 17, 2000
Subject/Agenda Item
Resolution 66, 2000 — City's concern and support — Good Samaritan & St. Mary's Medical Centers
Recommendation /Motion:
Approval of Resolution 66, 2000
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Growth Management
(Total)
City Attorney
Finance
[ l Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted
Carol Gold, City Clerk
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: This request was submitted by the Friends of St. Mary's.
Jd
RESOLUTION 66, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, STATING THE CITY'S
CONCERN AND SUPPORT TO MAINTAIN THE OPERATION OF BOTH
GOOD SAMARITAN AND ST. MARY'S MEDICAL CENTERS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Good Samaritan Medical Center and St. Mary"s Medical Center have been
providing healthcare services to the citizens and visitors of our communities for over 50 years; and
WHEREAS, Good Samaritan and St. Mary's Medical Centers have been the providers of
quality medical care to all members of our community regardless of race, national origin, or financial
status; and
WHEREAS, Good Samaritan and St. Mary's Medical Centers are major employers of our
community and major contributors to its economic health; and
WHEREAS, the citizens and visitors of our community rely on the highly specialized
services such as Trauma Care, Pediatric Emergency Care, Neonatal Intensive Care, High Risk
Obstetrical Care, and Stroke Care delivered by St. Mary's Medical Center; and the general medical
surgical care delivered by Good Samaritan Medical Center; and
WHEREAS, St. Mary's continues to be a very busy hospital providing a large volume of
inpatient and outpatient care; and
WHEREAS, contributing factors to the reported financial crisis, appear to be related more
to management decisions made and those not made, than to the actual operations and market
demand; and
WHEREAS, all demographic projections indicate that over the next 10 -15 years, there will
be a significant increase in the populations who utilize and require the kinds of healthcare services
provided by Good Samaritan and St. Mary's.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, that
Section 1. The City Council of the City of Palm Beach Gardens hereby states its strong
concern over the potential negative healthcare impact on our community should St. Mary's Medical
Center be closed.
Section 2. The City Council of the City of Palm Beach Gardens encourages the leadership
of our broad communities, at every level, to do what is necessary to keep both St. Mary's and Good
Samaritan open so they may continue their long standing mission of providing vital health and
welfare services to the citizenry and visitors.
T
Section 3. This resolution shall take effect upon passage and adoption by the City Council.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
ATTEST:
Carol Gold, CMC, City Clerk
VOTE:
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
Joseph R. Russo, Mayor
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
City Attorney
AYE NAY ABSENT
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: August 7, 2000
Meeting Date: August 17, 2000
Subject/Agenda Item
Resolution 69, 2000 - Regional Center — Parcel 27.03 Plat
Recommendation /Motion:
There are no Engineering concerns with this plat, therefore approval is recommended.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Growth Management
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted by:
- �, e
-'P Cahu
Sea P.E.
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
X Not
[ ] required
BACKGROUND: See attached memorandum.
CO9
INC.
CONSULTING CIVIL ENGINEERS, MEMORANDUM
SURVEYORS & MAPPERS
TO: Carol Gold
FROM: Sean C. Donahue, P.E.`SGh
DATE: July 31, 2000
FILE NO. 00 -4138
CIVIL
AGRICULTURAL
WATER RESOURCES SUBJECT: Regional Center - Parcel 27.03
WATER & WASTEWATER
TRANSPORTATION
SURVEYING &MAPPING We have reviewed the revised plat for the referenced project prepared by
GIs Lidberg Land Surveying, Inc. received on July 14, 2000. Based on our
review, we have determined that the plat is technically compliant with
Chapter 177 of the Florida Statutes and satisfies the City of Palm Beach
Gardens requirements. Therefore we recommend approval of the plat.
Attached are the signed and sealed Mylar copies of the plat and paper
copies of identifying portions of the plat.
SCD/
cc: Roxanne Manning
Bahareh Keshavarz
Jack Hanson
Ken Blair- Catalfumo Construction
"Partners For Results PAPR0JECTS\PBGMEM01413814138f
Value by Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883
Fax: (561) 286 -3925
www.lbfh.com
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RESOLUTION 69, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE REGIONAL CENTER — PARCEL 27.03 PLAT
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Regional Center — Parcel 27.03 Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the plat; and
WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Regional Center — Parcel 27.03 Plat, consisting of two (2) sheets dated January
27, 2000, prepared by Lidberg Land Surveying, Inc, attached hereto as Exhibit "A ".
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
ATTEST:
Carol Gold, CMC, City Clerk
VOTE:
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
Joseph R. Russo, Mayor
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
City Attorney
AYE NAY ABSENT
dI
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: August 9, 2000
Meeting Date: August 17, 2000
Subject/Agenda Item
Resolution 70, 2000 - Regional Center — Parcel 27. l OB Plat
Recommendation /Motion:
There are no Engineering concerns with this plat, therefore approval is recommended.
Reviewed by:
Originating Dept.:
Costs: $---a—
Council Action:
Growth Management
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
( X ] Not Required
[ ] Other
Memorandum
B bmitted by:
Donahue, P.E.
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
F�
INC.
CONSULTING CIVIL ENGINEERS, MEMORANDUM
SURVEYORS & MAPPERS
TO: Carol Gold
FROM: Sean C. Donahue, P.E.
DATE: August 9, 2000
FILE NO. 00 -4126
CIVIL
AGRICULTURAL
WATER RESOURCES SUBJECT: Regional Center - Parcel 27.10B
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING We have completed our review of the plat for the referenced project and
GIs have determined that the plat is technically compliant with Chapter 177 of
the Florida Statutes and the City of Palm Beach Gardens requirements.
Therefore, we recommend approval of the plat.
SCD/
cc: Roxanne Manning
Bahareh Keshavarz
Beth Ingold
P:XPROJECTS\PBGMEMOk112644126k
"Partners For Results
Value by Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883 0
Fax: (561) 286 -3925
www.lbfh.com
RESOLUTION 70, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE REGIONAL CENTER — PARCEL 27.1 OB PLAT
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Regional Center — Parcel 27.1 OB Plat;
and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the plat; and
WHEREAS, the Plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Regional Center — Parcel 27.1 OB Plat.
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
Carol Gold, CMC, City Clerk
VOTE:
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
DAY OF
Joseph R. Russo, Mayor
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
City Attorney
AYE NAY ABSENT
30
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
SUBJECT /AGENDA ITEM:
PUBLIC HEARING - SECOND READING: ORDINANCE 21, 2000
HIBISCUS RESTAURANT PUD AMENDMENT TO ALLOW OUTDOOR SEATING
(Note: A letter requesting continuance of the public hearing is expected from the attorney
representing the neighbors.)
RECOMMENDATION:
Staff recommends approval of Ordinance 21, 2000, with several conditions of approval.
Reviewed by:
Originating Dept.:
Costs: S
Council Action:
Total
City Attorney _
Growth Management
[ ] Approved
Finance NA
$
[ ] Approved w / conditions
ACM
Current FY
[ ]Denied
Human Res. NA
Other NA
Funding Source:
[ ]Continued to:
Advertised:
Date: August 2, 2000
[ ] Operating
Attachments:
Proposed Ordinance 21, 2000
Paper: Palm Beach Post
[ ] Other
Ordinance 11, 1995
Ordinance 11, 1997
Submitted by:
[ ] Not Required
location Map
Site Plan
^q�
tJp b 7. QD
Fire Dept. Memo
PBC Commissioner Letter
/
Attorney Rossow Letter
Code Section 106. Outdoor
Seating
Growth Management Dire for
Affected parties
[ x ] Notified
Budget Acct. #::
[ ] None
Approved by:
City Manager
[ ] Not required
REQUEST
Attorney Lawrence W. Smith, agent for PGA - Summers Associates, is requesting an amendment to
the development order to allow outdoor seating with service for the Hibiscus Restaurant located at
the northwest corner of PGA Boulevard and Ellison Wilson Road. (5- 42S -43E)
BACKGROUND
City Council of the City of Palm Beach Gardens originally approved "The Bridge Center" Planned
Unit Development by Ordinance 12, 1986, which approval was subsequently amended by Ordinance
27, 1991. City Council later approved a Planned Unit Development for the construction of a 395-
20
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
seat restaurant located at the northwest corner of PGA Boulevard and Ellison Wilson Road by
adoption of Ordinance 11, 1995. Since that time, the development order for this project has been
amended four times. Ordinance 11, 1997, granted a two -year time extension for the construction of
the restaurant, which was completed in March of 1999. The site plan and landscape plan were
amended by the adoption of Ordinance 37, 1997; and the landscape plan, exterior color change, and
wall sign colors were amended by the adoption of Ordinance 19, 1998. An administrative approval
in March of 1998 allowed a stairway addition to the north elevation of the restaurant.
LAND USE & ZONING
The subject site is zoned PUD with an underlying zoning of Professional Office (PO). The property
lies within the PGA Corridor Overlay District. The original application for this site (The Bridge
Center) featured a two -story office building and a restaurant. The final approval, however, eliminated
the office building and retained the restaurant. The future land -use designation is Commercial and
is listed as Commercial on the Vision Plan. For a complete listing of adjacent uses, land -use
designations, and zoning districts, see Table 1 below.
TABLE 1 - CODE COMPLIANCE AND SITE ANALYSIS
HIM, Uimmm
ZING
W�,,,TVE`,�J 14A
LSE
A,
�
S ubject Property:
Professional Office
Commercial
Hibiscus Restaurant PUD
w/PUD overlay
C
North:
Residential Medium
Residential Medium
Palm Beach County
RM 12
RM
Residential
South:
General Commercial
Commercial
PGA Boulevard &
CG1
C
Palm Beach County
Panama Hattie's Restaurant
East:
Professional Office
Commercial
Professional Office
w/PUD overlay
C
West:
General Commercial
Commercial
Intracoastal Waterway
CG1 w/PUD Overlay
C
Riverhouse Restaurant
2
sa
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
CONCURRENCY
Because no new seats are being added to the restaurant, a determination of concurrency is not
necessary.
PROCEDURE
This is a request for outdoor seating at a restaurant in a Plamied Unit Development, which will
require an amendment to the development order for this project because the original development
order contained a condition disallowing outdoor seating. The request was reviewed by City Staff
and members of the Development Review Committee, and comments and recommendations were
forwarded to the Planning and Zoning Commission. Acting in an advisory role, the Planning and
Zoning Commission considered the recommendations of the Development Review Committee and
City staff, conducted a workshop, held a public hearing at a subsequent meeting, and then made a
recommendation of denial to the City Council. The City Council reviewed the petition at a workshop
on June 29, 2000, and unanimously voted to place Ordinance 21, 2000, on First Reading by title
only. The next action required by City Council will be to hold a public hearing prior to making a
final determination of approval, approval with conditions, or denial.
PROJECT DETAILS
The petitioner, PGA - Summers Associates, is requesting an amendment to the development order to
allow outdoor seating and service on the existing restaurant patio adjacent to the Intracoastal
Waterway. There is currently no outdoor seating at the restaurant.
This site was approved for a 395 -seat restaurant in a Planned Unit Development by Ordinance 11,
1995. Condition No. 1, Section 3 of Ordinance 11, 1995, specifically prohibited outdoor seating
at this site. At that time, several residents had expressed concern that the proposed Ale House, a
sports bar, would be a noisy restaurant. However, the Hibiscus Restaurant, an upscale dining
establishment, was approved for construction with the adoption of Ordinances 11 and 37, 1997.
Please note that all original conditions of the Development Order (Ordinance 11, 1995) will be
continued, as amended, and will remain in effect and unchanged with this request, including
Conditions 14 and 15. Condition 14 states, "Entertainment, music or loud speakers shall not be
permitted on the outside of the building. If entertainment occurs inside the building, all windows
and doors shall remain closed." Condition 15 states, "Sounds emanating from the restaurant site
shall not exceed the standards set forth in Section 159.078 entitled "Performance Standards," of the
City's Code of Ordinances, as amended." Section 159.078 has been renumbered to Section 306 in
the new City Code.
3
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
The site plan approved per Ordinance 37, 1997, allowed 395 seats in the restaurant (265 on the first
floor and 130 on the second floor). The applicant proposes to place 13 tables for seating 52 patrons
on the patio. Fifty -two of the existing seats in the first -floor restaurant will be relocated to the patio
area. No additional seating is being requested. No additional parking will be required since the total
number of seats will not change, but simply be relocated to the outside patio.
Regarding handicap access to the patio seating, the main indoor dining area is flush with the patio
level on which the proposed patio seating is located. There is direct access from the main dining
area to the patio, as shown on the revised site plan dated May 23, 2000.
The existing outdoor lighting will not be changed.
DEVELOPMENT REVIEW COMMITTEE COMMENTS
Fire Department
The Fire Rescue Department has reviewed this petition and has no adverse comments or concerns.
To date, no objections or other comments have been received from other members of the
Development Review Committee.
PLANNING AND ZONING COMMISSION COMMENTS
Workshop Meeting of April 25, 2000
The Planning and Zoning Commission held a workshop to discuss this petition at its meeting of
April 25, 2000. The agent, Attorney Lawrence Smith, answered questions from the Commission and
explained that a concrete wall had been erected between the restaurant site and the neighboring
properties when the site was developed. He further stated that two conditions regarding noise level
from the original approval would still apply: (1) that the noise level must be maintained to that
required by code; (2) that no music or entertainment could take place outside; and (3) that the doors
must be kept closed if there was music or entertainment inside. Mr. Smith also explained that the
outdoor seating was needed to provide a staging area for diners waiting for their meal and that 52
permanent seats would be moved from the inside to the outside patio area as shown on the plan. At
that time, there were no significant comments or concerns from the Commission.
Public Hearing of May 23, 2000
The Planning and Zoning Commission held a public hearing on May 23, 2000, where it was reported
that letters of opposition had been received from Attorney Gerald Rossow, who represents nearby
homeowners, and also from County Commissioner Karen Marcus.
4 3y
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
The agent, Attorney Lawrence Smith, explained that Flagler Systems, who also operates the Breakers
Hotel, was interested in obtaining this restaurant and that outdoor seating was important to them.
Mr. Smith again reviewed other conditions of the original development order that would remain in
effect, including no outside entertainment, keeping windows and doors closed, and keeping the noise
level down to code requirements.
During the public hearing portion of the meeting, four neighboring property owners expressed their
opposition to the outdoor seating because of potential noise problems, their being visible to the
restaurant patrons when using their yard and dock, and the possibility that property values would be
affected. Other comments pertained to being able to hear restaurant staff conversing on the other
side of the wall, and that light shields and shrubs needed to be installed. Mr. Smith commented that
people living in Florida liked to dine on the water, and it was natural for the restaurant to want to seat
their patrons on the water. He further stated he was not taking lightly the neighbors' concerns;
however, he believed there were adequate safeguards in the development order.
The Commissioners commented the restaurant had not made a compelling argument as to why the
tables should be moved outside, and the neighbors had the right to enjoy their property. There was
a concern that the noise risk had not been properly addressed. Other comments by the
Commissioners included it was unfair at this stage to permit the outdoor seating, since a decision had
been made in the past to not allow it, and the applicant should have tried to demonstrate to the
satisfaction of the neighbors that it was possible to have outdoor seating without creating a
disturbance.
The Planning and Zoning Commission voted unanimously 5 -0 to recommend denial of the petition
to City Council at this time, but without prejudice for the petitioner to come back at a later date.
CITY COUNCIL COMMENTS
First Reading/Workshop Meeting of June 29, 2000
Following presentation of the petition by Principal Planner Jim Norquest, the agent, Attorney
Lawrence Smith, reported on efforts to work with the neighbors and staff regarding the neighbors'
concerns. Mr. Smith proposed trying the outdoor seating, and if there were complaints, to bring the
issue back before the City Council for evaluation. He further proposed a condition that would
require the restaurant owner or operator to bring the matter back to City Council in May, 2001, for
a status report on what had transpired since the onset of outdoor seating. Attorney James Brindell
spoke on behalf of The Breakers Hotel, potential owners of Hibiscus, and requested the opportunity
to meet with the neighbors to work out any concerns. Mayor Russo urged the petitioner to work with
the neighbors, and Councilman Clark made a motion to place Ordinance'21, 2000, on First Reading
by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The
35
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
second reading was set for August 17. The Council made it clear to the petitioner that they must
work to obtain the neighbors' support.
Attorney Smith has reported he held a cordial meeting with the neighbors on August 3, 2000, and
will report at the August 17 meeting on the progress made.
OTHER COMMENTS
At the City Council meeting of June 29, 2000, Mr. Richard Arnold, adjacent neighbor, described
the proximity of his home to the restaurant, and stated opposition to the outdoor seating which he
believed would impact his quality of life and property values.
Attached is a letter dated May 10, 2000, from Attorney Gerald Z. Rossow who states he represents
some parties within 500 feet of this project who are opposed to any change to the original
development order that would allow outdoor seating. There are 73 property owners within 500 feet
of this project who were notified of the public hearing before the Planning and Zoning Commission.
Four property owners spoke at the Planning and Zoning Commission public hearing on May 23,
2000, in opposition to the outdoor seating.
On August 7, Attorney Z. Rossow, who represents some of the neighbors, stated he will be sending
a letter requesting a continuation of the Public Hearing on August 17, 2000, because some of the
property owners will be out of town and unable to attend the meeting.
Attached also is a letter of concern dated July 27, 2000, from Palm Beach County Commissioner
Karen Marcus who states, "When this site was approved for a restaurant in 1995, several residents
expressed their opposition to the outdoor seating because of noise. The Gardens' City Council
specifically prohibited outdoor seating in response to their concerns." Further, Commissioner
Marcus believes the outdoor seating will generate noise, and that the adjacent residents will lose their
privacy, and the noise will be an infringement on their quality of life. She also states,
"Establishments with outdoor seating become a code enforcement problem when they are directly
adjacent to residential uses for both the city and the county."
CITY CODE REQUIREMENTS
Section 106. Outdoor Seating, of the City Code, which was adopted originally by City Council per
Ordinance 5, 1998, on May 7, 1998, permits outdoor seating as an accessory use to a restaurant,
business, or institution serving food or beverages in an enclosed area, subject to the standards listed,
in part, below.
Access. The outdoor seating is adjacent to, and has direct access through a doorway to that portion
of the business or institution which is enclosed.
6 3G
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
Location. The outdoor seating is located directly adjacent to the restaurant or food service
establishment and is owned or leased for this purpose.
General Circulation. The outdoor seating can be accommodated without impeding the access of
the general public to one or more of the following:
a. the enclosed portion of the restaurant or food service establishment;
b. any other use located within the same building or structure; or
c. any common elements shared by the restaurant or food service establishment and any
other users of the same building or structure.
Safety. Outdoor seating shall comply with all building, fire, and safety code requirements.
Parking. (As stated earlier, parking is not affected by this amendment.)
Walkways. Outdoor seating shall be arranged, when in use, in a manner that provides a pedestrian
walkway of not less than six feet in width adjacent to each table.
Location. Outdoor seating shall be located only along the frontage of the affected restaurant or food
service establishment, and shall not be located in front of or adjacent to any other user or tenant.
Prohibited location. Outdoor seating shall not occupy any area designated for parking.
Fencing or screening. Unless located within an inner court, outdoor seating shall provide fencing
or screening as a means to physically and visually separate such use from any adjacent public
passageway or walkway. Fencing and screening shall be at least three feet in height, and may include
planter boxes or other dividers. Fencing and screening shall not be provided through the use of
tables, chairs, or other seating.
Compatibility. Outdoor seating shall be compatible in color and style with the exterior of the
building and shall not contain or have affixed to it any sign, lettering, or advertising of any kind,
except for menu boards and small labels permanently affixed to the furnishings in order to identify
ownership for security purposes.
Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in use.
Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor seating service
shall comply with the hours of operation noted below.
a. Sunday through Thursday. All sales and service of food and beverages are
prohibited between the hours of 10:30 p.m. and 7 :00 a.m.
3-7
7
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
b. Friday through Saturday. All sales and service of food and beverages are
prohibited between the hours of 11:00 p.m. and 7:00 a.m.
Please see attached Section 106, Outdoor Seating, of the City Code for complete details of this
ordinance.
STAFF RECOMMENDATION
Section 106, Outdoor Seating, originally adopted per Ordinance 5, 1998, on May 7, 1998, and
amended on July 20, 2000, by adoption of the new City Code, sets out the requirements for outdoor
seating. The Hibiscus restaurant application meets all these conditions, requirements, and
circumstances. Therefore, the addition of outdoor seating is appropriate, provided Condition No.
1 of the original development order (Ordinance 11, 1995) is amended by City Council to allow
outdoor seating.
Staff recommends approval of Petition MISC- 00 -02, Hibiscus Restaurant Outdoor Seating, with
conditions as noted below, based on the Code requirements in Section 106, of the City's Code of
Ordinances.
Conditions of Approval
1. Condition No. 1 of Ordinance 11, 1995, shall be repealed in its entirety and replaced with the
following condition:
Outdoor seating and /or service shall be allowed only on the westernmost patio adjacent to the
waterway, but shall not be allowed for any vessel docked on the Intracoastal waterway. This
provision shall not preclude service on the patio or in the restaurant to patrons arriving by boat.
(Code Enforcement)
2. All conditions of Section106, Outdoor Seating, of the City Code shall be applicable. (Code
Enforcement)
3. All existing ordinances and resolutions for this project shall remain in full force and effect
unless specifically modified herein. (Development Compliance)
4. The outdoor seating areas shall be in compliance with the City's Noise Ordinance
regulations. (Code Enforcement)
5. The outdoor seating shall not exceed 13 tables for seating 52 patrons. (Code Enforcement)
q
City Council
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
Petition: MISC -00 -02
6. This approval shall remain valid so long as the primary use remains a food service establishment.
At such time as the use changes, a new approval shall be required. (Code Enforcement)
Attachments
gIshortMISCO002.stfcc public hearing 2nd reading
jh
9 39
FROM : EXECUTIVE OFFICES FAX NO. Aug. 08 2000 11:07AM P1 3 „\
GERALD Z. ROSSOw
Lawyer
4400 PGA Boulevard, Suite 700
Palm Beach Gardens, Florida 33410
TeL +561.630.0335 Fax +561.624.3709
VIA FAX TO 561.799.4281
August 7, 2000
Ms. Jackie Holloman, Planning Technician
Planning & Zoning Division
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Petition MISC -00 -02
Hibiscus Restaurant
Dear Ms. Holloman:
I understand this matter has been scheduled for final action on August 17, 2000.
As counsel for the adjoining property owners, I request that the matter be rescheduled to
the next meeting of the City Council, which I believe is September 7, 2000.
Our grounds for continuance are: some of the neighbors will be away on previously
scheduled travel; and my recollection is that over the term of this matter, measured in
years, we have requested a continuance once, if at all, whereas petitioner(s) have enjoed
man such continuances.
Thank you for your consideration
V rely yours,
Gerald Z. Rossow
AACS 40 U
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46
July 28, 2000
ORDINANCE 21, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE EXISTING PLANNED UNIT
DEVELOPMENT KNOWN AS "HIBISCUS RESTAURANT"
(FORMERLY BRIDGE CENTER PUD) LOCATED AT THE
NORTHWEST CORNER OF PGA BOULEVARD AND
ELLISON WILSON ROAD, AS ORIGINALLY APPROVED BY
ORDINANCE 11, 1995, TO ALLOW OUTDOOR SEATING
AND SERVICE ADJACENT TO THE WATERWAY;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens originally approved "The
Bridge Center" Planned Unit Development by Ordinance 12, 1986, which approval was subsequently
amended by Ordinance 27, 1991;
WHEREAS, the City Council approved the construction of a 395 -seat restaurant located at
the northwest corner of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance 11,
1995; and
WHEREAS, the City has received a petition from PGA - Summers Associates to amend
Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, by repealing and
replacing Condition No. 1 in Section 3 of Ordinance 11, 1995 to allow outdoor seating and service;
and
WHEREAS, the petition 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
an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998,
to allow outdoor seating and service at the Hibiscus Restaurant.
SECTION 2. Said amendment to the Planned Unit Development is hereby approved subject
to the following conditions that shall be the responsibility of the applicant, its successors and/or
assigns:
HI
Ordinance 21, 2000
July 28, 2000
Page 2 of 3
1. Condition No. 1 of Ordinance 11, 1995, shall be repealed in its entirety and replaced with
the following condition:
"Outdoor seating andlor service shall be allowed only on the westernmost patio adjacent
to the waterway, but shall not be allowed for any vessel docked on the Intracoastal
waterway. This provision shall not preclude service on the patio or in the restaurant to
patrons arriving by boat. " (Code Enforcement)
2. All conditions of Section 118 -311, Outdoor Seating, of the City Code shall be applicable.
(Code Enforcement)
3. All existing ordinances and resolutions concerning this project shall remain in full force
and effect unless specifically modified herein. (Development Compliance)
4. The outdoor seating areas shall be in compliance with the City's Noise Ordinance
regulations. (Code Enforcement)
5. The outdoor seating shall not exceed 13 tables for seating 52 patrons. (Code Enforcement)
6. This approval shall remain valid so long as the primary use remains a food service
establishment. At such time as the use changes, a new approval shall be required. (Code
Enforcement)
SECTION 3. This outdoor seating amendment shall be in compliance with the following
plan on file with the City's Growth Management Department. This plan shall supercede the plan
with the same title approved by Ordinance 11, 1995 (all other plans remain unchanged):
1. May 23, 2000, Site Plan for The Hibiscus Restaurant, by Michael Redd & Associates,
P.A., 1 sheet.
SECTION 4. This approval expressly incorporates and is contingent upon representations
made by the applicant or applicant's agents at all workshops or public hearings pertaining to this
proj ect.
SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this ordinance
is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not
affect the remainder of this ordinance.
SECTION 6. All ordinances or parts of ordinances previously adopted that are in conflict
herewith, are hereby repealed to the extent of such conflict.
SECTION 7. This Ordinance shall be effective upon date of adoption.
42
Ordinance 21, 2000
July 28, 2000
Page 3 of 3
PLACED ON FIRST READING THIS 29h DAY OF JUNE, 2000.
PLACE ON SECOND READING THIS 17`h DAY OF AUGUST, 2000.
PASSED AND ADOPTED THIS DAY OF 2000.
MAYOR JOSEPH RUSSO
VICE MAYOR ERIC JABLIN
ATTEST:
CAROL GOLD
mm
CITY CLERK
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
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COUNCILMAN CARL SABATELLO
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
_ BY:
CITY ATTORNEY
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Sec. 106. Outdoor seating.
(a) Applicability. Outdoor seating shall be permitted as an accessory use to a restaurant, business, or
institution serving food or beverages in an enclosed area, subject to the standards listed below.
(1) Access. The outdoor seating area is adjacent to, and has direct access through a doorway
to that portion of the business or institution which is enclosed.
(2) Location. The outdoor seating is located directly adjacent to the restaurant or food service
establishment and is owned or leased for this purpose.
(3) General circulation. The outdoor seating can be accommodated without impeding the
access of the general public to one or more of the following:
a. the enclosed portion of the restaurant or food service establishment;
b. any other use located within the same building or structure; or
C. any common elements shared by the restaurant or food service establishment and
any other users of the same building or structure.
(4) Safety. Outdoor seating shall comply with all building, fire, and safety code requirements.
(5) Parking. Parlung for area utilized for outdoor seating shall be calculated and provided as
required in section subdivision I of article V. Outdoor seating shall not be established if
required parking cannot be provided onsite or if a nonconformity is created.
(6) Benches. Businesses, institutions, or uses that do not serve food or beverages, excluding
vending machines, may be approved for outdoor bench seating.
(b) Review. Outdoor seating may be included as an element of an overall application for development
order approval, or as an amendment to an existing development order. In addition to any other
requirements contained herein, each application for approval of outdoor seating shall include the
information listed below.
(1) Affected properties. A list of the names and addresses of all occupants of the building for
which the outdoor seating is proposed, and a list of each tenant and property owner within
500 feet of the property for which the seating is proposed.
(2) Notice. An affidavit which certifies a notice was mailed to each affected property, as
defined in this section, which states an application for outdoor seating has been made to the
city. The affidavit shall be provided in a form acceptable to the city attorney.
y7
(3) Site plan. A site plan, at a scale acceptable to the city, which indicates the following:
a. the building for which the outdoor seating is proposed;
b. the location of the restaurant or food service establishment;
C. the proposed location of the outdoor seating, including any fencing, screening or
materials to separate the seating area; and
d. the location of any sidewalks or other pedestrian walkways or passageways adjacent
to or affected by the proposed outdoor seating; and the location of all existing or
additional parking to be provided for the seating.
(4) Consent. A copy of the written consent of the individual, corporation, or other entity that
owns the property upon which the outdoor seating will be located.
(5) Indemnification. The applicant shall provide, in a form acceptable to the city attorney,
indemnification of the city for any liability for personal injury and property damage due to the
approval or existence of the outdoor seating.
(6) Renderings. Photographs, renderings, elevations, samples, and other materials as may be
required by the city which illustrate the following: the style and color or all furnishings and
menu boards, and the color, style, and materials fencing, screening, or otherwise separating
the outdoor seating.
(c) Minimum standards. Outdoor seating shall, at a minimum, comply with the standard listed
below.
(1) Walkways. Outdoor seating shall be arranged, when in use, in a manner that provides a
pedestrian walkway of not less than six feet in width adjacent to each table.
(2) Multiple tenants. Outdoor seating located on a pedestrian walkway which provides
access to more than one occupant of a building shall provide an unobstructed passageway
of at least six feet in width. The unobstructed passageway shall be located adjacent to, but
not through, the outdoor seating area.
(3) Location. Outdoor seating shall be located only along the frontage of the affected
restaurant or food service establishment, and shall not be located in front of or adjacent to
any other user or tenant.
(4) Prohibited location. Outdoor seating shall not be located within any area designated for
parking.
ME
(5) Fencing or screening. Unless located within an inner court, outdoor seating shall
provide fencing or scrtenirig as a means to physically and visually separate such use from any
adjacent public passageway or walkway. Fencing and screening shall be at least three feet in
height, and may include planter boxes or other dividers. Fencing and screening shall not be
provided through the use of tables, chairs, or other seating.
(6) Compatibility. Outdoor seating, including fencing and screening materials, shall be
compatible in color and style with the exterior of the building. Signs, lettering, or
advertising, excluding permitted menu board, shall not be attached to outdoor seating.
Small labels may be permanently attached to the furnishing to identify ownership for security
purposes.
(7) Storage. Outdoor seating and furnishings shall be stored in a secure manner when not in
use.
(8) Hours of operation. Excluding outdoor seating located in inner courtyards, outdoor
seating service shall comply with the hours of operation noted below.
a. Sunday through Thursday. All sales and service of food and beverages are
prohibited between the hours of 10:30 p.m. and 7:00 a.m.
b. Friday through Saturday. Al sales and service of food and beverages are
prohibited between the hours of 11:00 p.m. and 7 :00 a.m.
y9
GERALD Z. ROSSOW
Lawyer
4400 PGA Boulevard, Suite 700
Palm Beach Gardens, Florida 33410
TeL +561.630.0335 Fax +561.6243709
May 10, 2000
Planning and Zoning Commission
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Petition MISC -00 -02
Hibiscus Restaurant
Attn: Chairman and members
Ladies and Gentlemen:
1
I represent parties who own property within 500 feet of the PUD for which an
amendment has been proposed to permit outdoor seating. We offer the following
comments in opposition to the amendment.
Ordinance 11, 1995, applicable and in force as to this restaurant, was approved by the
City Council on a 3 -2 vote after a lengthy approval process and often spirited debate by
adjacent property owners in opposition to its passage. Despite approval for building a
restaurant next to residential property, the City Council was clear in their intention to
protect the property rights of the restaurant's neighbors by including in Section 3 of
Ordinance 11 some 23 conditions, among them nine conditions on behalf of adjacent
property owners that prohibited outside eating and drinking, outside entertainment and
closed windows and doors for entertainment within the premises as well as other matters
(see conditions 1, 4, 6, 14, 15, 16, 19, 20 and 23). These conditions were carried forth in
subsequent ordinances and were applicable to original owner and are applicable to
successors, including PGA - Summers Associates.
The primary issue here is the right to enjoyment of property by nearby property owners
without infringement and not outdoor food service. The existing conditions applicable to
the PUD make it so.
Applicant bases its claim to outside seating (eating, drinking and entertainment) on
Sections 118 -311 of an ordinance relating to outdoor seating enacted years after passage
of Ordinance 11, 1995. Petitioner seeks 52 outdoor seats through a general amendment
to a development order (ordinance) that includes the 23 conditions cited above.
�N
This PUD is not subordinate to the more recent ordinance or in any way affected by it
because the restrictive conditions of the PUD were already in place and the purpose of
the conditions can be distinguished from the general ordinance.
Applicant has not met procedural requirements for amendment of the PUD development
order as: (1) the number and range of conditions were enacted to protect adjoining
property owners; (2) those conditions are in force today as to this particular PUD; and (3)
those conditions are not negated by subsequent passage of a general outdoor seating
ordinance.
Procedurally, applicant must first propose amendments to strike or delete those specific
conditions from a standing ordinance that prohibits outdoor seating. Any resolution must
bear in mind the City Councils' desire to protect the right of nearby owners to enjoy their
property. They occupied property there for many years before a restaurant PUD was
even contemplated.
PGA - Summers Associates was fully aware of the 23 conditions applicable to its PUD
before they bought the property. Legal counsel for the owner is the same legal counsel
retained by previous owners and other previously proposed occupants. The present
owner has occupied the property for quite some time. These facts lead to the question:
why now? Perhaps the owner intends to sell, assign or transfer the property to another
party who demands outside seating as a condition of sale.
It is reasonable to ask that the City of Palm Beach Gardens establish a way to avoid
periodic intrusion into the lives of nearby property owners. Many have resisted
unreasonable development demands of PUD owners for years. The answer remains
clear. Simply stay with the present PUD conditions as written.
,--we
Gerald Z. Rossow
51
me of County commissioners
rode FOrd {,eG Chair
me H. Newe1L vice Chairman
ten T. Marcus
rol A. Roberts
in, Mrrarry
The Honorable Joe Russo, Mayor
and City Council Member's
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Fl. 33410 -4698
Dear Mayor Russo & Council Members:
July 27, 2000
County pAw.i..le�tpr
Robert Weisman
On August 17, 2000 you will be discussing an amendment to the Hibiscus
Restaurant Planned Unit Development to allow outdoor seating. As the District 1
County Commissioner, representing the unincorporated residential neighborhood
directly to the north of the restaurant, I would like to voice my concern to the
proposed amendment.
When this site was approved fora restaurantin 1995, several residents expressed
their opposition to the outdoor seating because of noise. The Gardens' City Council
specifically prohibited outdoor seating in response to their concerns. While the
Hibiscus Restaurant is not a "sports bar," the addition of outdoor seating will still
generate noise, not only from the patrons at the tables, but every time the doors to
the restaurant are opened. While the conditions pertaining to noise will remain in
effect, it will be hard to enforce and noise will be emanate from inside the restaurant
when there is entertainment. The residents adjacent to the outdoor seating will lose
their privacy and the noise will be an infringement on their quality of life.
Establishments with outdoor seating become a code enforcement problem
when they are directly adjacent to residential uses for both the city and the county.
You may recall the problems the city and county had with waterway Cafe. Eventually,
the restaurant was forced to purchase the homes because of so many complaints and
It is very difficult to coordinate the code enforcement since these were
unincorporated residents also.
I hope that you will give my concerns your serious consideration.
K Wpw
Sin
.
Mar us
.v ommissioner
"An Equal opportunity Affirmative Action Employee
P.O. Box 1989 west Palm Beach, Florida 33402 -1989 (561) 3SS -2001 Fax: (561) 3553990
pdnred - rioty d*d paper www co pabn- bead+ ue
52
TnTii D Gil
ORDINANCE 11, 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING A
PLANNED UNIT DEVELOPMENT FOR THE CONSTRUCTION
OF A RESTAURANT BUILDING ON A 2.946 ACRE SITE
LOCATED GENERALLY AT THE NORTHWEST CORNER OF
PGA BOULEVARD AND ELLISON WILSON ROAD ;PROVIDING�
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received an application for a
Planned Unit Development; and
WHEREAS, the proposed Planned Unit Development is consistent
with the City's Comprehensive Plan,
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 approves a Planned Unit Development for the
construction of a restaurant building on a 2.946 acre site located
generally at the northwest corner of PGA Boulevard and Ellison
Wilson Road (site of the former "Bridge Center" PUD).
SECTION 2, The development of the Planned Unit Development
shall be in accordance with the plans on file with the
City's Plarining and Zoning Department. However, the approval of
the plans herein shall not be construed to be an approval of the
signage.
1. August 20, 1995 Site Plan of 2.639-acre Parcel by Team Plan,
Inc. Sheet 1 of 7.
2. August 20, 1995 Site Plan of 0.307 -acre Parcel by Team Plan,
Inc. Sheet 2 of 7.
3. August 20, 1995 Landscape Plan of 2.639 -acre Parcel by Team
Plan, Inc. Sheet 3 of 7.
53
4. August 20, 1995 Landscape Plan of 0..307 -acre Parcel by Team
SECTION 3.. The following conditions shall also apply:
1. Outdoor seating and /or service shall not be allowed on or
adjacent to the waterway, which shall include..seat.ing,
and /or service'on.any'vessel docked on the intracoastal
waterway. This provision shall not preclude service in
the restaurant to patrons arriving by boat.
2. No more than.316:'.seats shall be allowed on the first
floor and .Z.a', seats allowed on the second floor of-the
restaurant, plus or minus 15 seats between floors.
3. The first floor and second floor dining areas shall
operate in the capacity as one restaurant.
4. Outdoor seating, assembly or food service shall not be
allowed on any of the balconies of the restaurant
building. However, this provision does not preclude
access to the west balcony from the office for limited
periods of time not to exceed one half hour and emergency
purposes.
5. The restaurant's kitchen and garbage enclosure exhaust
system shall be filtered. Pollution and odor generated
from the restaurant shall comply with Section 159.078
entitled "Performance Standards", Subsections (B)
entitled "Odor" and (F) entitled, "Smoke", of the City's
Land Development Regulations.
6. The restaurant shall comply with the parking requirements
as set forth in Section 159.110(F) entitled, "Number of
Parking Spaces Required ", of the City's Land Development
Regulations. If the operations of the restaurant has an
adverse impact on the off- street parking in the adjacent
residential neighborhoods, the City shall monitor the
seating and employee ratios of the restaurant to
determine compliance with said section.
54
Plan, Inc. Sheet 4 of 7.
5.
August 20, 1995 Irrigation/ Lighting Plan of 2.639 -acre
Parcel
by Team Plan, Inc. Sheet 5 of 7.
6.
August 20, 1995 Irrigation/ Lighting Plan of 0,.307 -acre
Parcel
by Team Plan, Inc. Sheet 6 of 7.
7.
July 21, 1995 Details Plan by Team Plan, Inc. Sheet 7
of 7.
8.
August 23, 1995 First and Second Floor Plans by Florida
Design
Professionals, Inc. Sheet A2.
9.
August 23, 1995 Exterior Elevations Plan by Florida Design
Professionals, Inc. Sheet A3.
SECTION 3.. The following conditions shall also apply:
1. Outdoor seating and /or service shall not be allowed on or
adjacent to the waterway, which shall include..seat.ing,
and /or service'on.any'vessel docked on the intracoastal
waterway. This provision shall not preclude service in
the restaurant to patrons arriving by boat.
2. No more than.316:'.seats shall be allowed on the first
floor and .Z.a', seats allowed on the second floor of-the
restaurant, plus or minus 15 seats between floors.
3. The first floor and second floor dining areas shall
operate in the capacity as one restaurant.
4. Outdoor seating, assembly or food service shall not be
allowed on any of the balconies of the restaurant
building. However, this provision does not preclude
access to the west balcony from the office for limited
periods of time not to exceed one half hour and emergency
purposes.
5. The restaurant's kitchen and garbage enclosure exhaust
system shall be filtered. Pollution and odor generated
from the restaurant shall comply with Section 159.078
entitled "Performance Standards", Subsections (B)
entitled "Odor" and (F) entitled, "Smoke", of the City's
Land Development Regulations.
6. The restaurant shall comply with the parking requirements
as set forth in Section 159.110(F) entitled, "Number of
Parking Spaces Required ", of the City's Land Development
Regulations. If the operations of the restaurant has an
adverse impact on the off- street parking in the adjacent
residential neighborhoods, the City shall monitor the
seating and employee ratios of the restaurant to
determine compliance with said section.
54
7. Prior to the issuance of the first building permit, a
signed and sealed boundary survey and horizontal control
sheet shall be submitted identifying the envelopes of all
proposed buildings in proximity to the existing utility
and maintenance easements of record with written approval
from the utility companies.
8. Prior to the issuance of the first building Certificate
of Occupancy, a plat of the subject property shall be
recorded. Written approval of the Plat shall be obtained
by the utility companies prior to submission of the Plat
for Council approval.
9. Smith Drive shall be paved (to Palm Beach County
standards) from Ellison Wilson Road to the eastern
property line of the 0.307 -acre tract, completed and
open to the public prior to the issuance of the
Certificate of Occupancy for the restaurant.
10. The improvements to Ellison Wilson Road shall be
completed and open to the public prior to the issuance
of the Certificate of Occupancy for the restaurant.
11. Prior to the issuance of the first building permit, a
a permit shall be submitted to the City to enable the
City (as the applicant) to obtain a permit from the
Florida Department of Transportation for the proposed
landscaping within the 10 -foot maintenance easement
along PGA Boulevard. It shall be the property owners'
obligation to maintain the landscaping within the 10
foot maintenance easement in perpetuity.
12. Prior to the issuance of the first building permit, all
permits shall be submitted to the City from all
Applicable regulatory agencies for the construction of
the seawall.
13. Prior to the issuance of the certificate of occupancy,
All permits shall be submitted to the City from all
applicable regulatory agencies to utilize the docks for
public /commercial purposes.
14. Entertainment, music or loud speakers shall not be
permitted on the outside of the building. If
entertainment occurs inside the building, all windows
and doors shall remain closed.
15. Sounds emanating from the restaurant site shall not
exceed the standards set forth in Section 159.078
entitled "Performance Standards", of the City's Code of
Ordinances, as amended.
1.6. All windows on the second floor office as shown on
the north elevation shall be of obscure glass or glass
55
block. All windows on the north elevation shall be
non - operable.
17. All roof - mounted equipment shall be screened from line
of sight view.
is. Areas that have been allowed to have vegetation or
ground cover removed pursuant to the approved site plan,
and subsequently abandoned for any reason for more than
three months, shall be seeded with a ground cover or
grass immediately upon request by the City or the City
shall have the work done at the owner's expense.
19. Construction of-walls between the site and the adjacent
residential neighborhoods shall commence on or before
the commencement of construction requiring earth
moving equipment other than for the construction of the
walls of any other portion of the development.
Construction of the wall to its full height shall be
completed prior to the commencement of any site work
which generates excessive dust and noise.
20. No deliveries to the restaurant shall occur prior to
7:00 a.m. or after 7:00 p.m.
21. Project shall abide by Resolution 2, 1993, which
requires, prior to filing of the plat, the petitioner
shall post a bond for the installation of the
infrastructure including the common and project
landscaping /buffer and entry feature.
22. The applicant shall convey to Palm Beach County seven
(7) feet of additional right -of -way on the east side of
Ellison Wilson Road at the employee parking lot and shall
provide a 15 -foot corner clip view easement at the
southeast corner of the Smith Drive and Ellison Wilson
Road prior to the issuance of the first building permit
for the project.
23. All windows and doors shall be closed by 12:00 P.M.
Midnight and the hours of operation of the restaurant
shall cease operation on or before 2:00 A.M.
24. Petitioner shall return to the City Council for approval
of the sign package.
SECTION 4. The planned unit development shall be completed by
December 31, 1996.
SECTION 5. All Ordinances or parts of Ordinances in conflict
herewith shall be repealed.
5(10
PLACED ON FIRST READING THIS L� DAY OF , 1995.
PLACED ON SECOND READING THIS DAY OF 1995.
PASSED AND ADOPTED THIS ,� DAY OF a 1995.
R. RUSSO
VICE MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL AND
LEGAL SUFFICIENCY
HOMAS J. B CITY TORNEY
51
ORDINANCE 11, 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORMA, APPROVING AN
AMENDMENT TO "THE BRIDGE CENTER" PLANNED UNIT
DEVELOPMENT TO ALLOW FOR A THAE EXTENSION TO
CONSTRUCT A 14,945 SQUARE FOOT RESTAURANT AND
4,000 SQUARE FEET OF OFFICE SPACE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens previously approved
"The Bridge Center" Planned Unit Development by Ordinance 12, 1986, which approval was
subsequently amended by Ordinance 27, 1991;
WHEREAS, a one -year time extension for "The Bridge Center" PUD was approved by
the City Council by Resolution 85, 1992 and an additional one year time extension was approved
by the City Council by Resolution 18, 1994;
expire;
WHEREAS, the approval of "The Bridge Center" PUD, as amended and extended, did
WHEREAS, the "Bridge Center" Pl -qnned Unit Development was approved by the City
Council by Ordinance 11, 1995;
WHEREAS, the City has received a petition for a two year time extension to construct a
14,945 square foot restaurant and 4,000 square feet of office space;
WHEREAS the City's Planning and Zoning staff has reviewed the petition and
recommends approval for a time extension; and
WHEREAS, the City council has determined that the proposed petition to amend the
Planned Unit Development is consistent with the City's Comprehensive Plan.
� A�*-
ORDENANCE It. 1997
PAGE 2
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 approves a
time extension for two years for the development of "The Bridge Center" P12nned Unit
Development on the northwest corner of PGA Boulevard and. Ellison Wilson Road and the
southeast corner of Ellison Wilson Road and Smith Drive.
SECTION 2. This approval is based upon the petitioner's compliance with the following
conditions of approval:
1. All conditions of the Development Order and the Site Plan Approval shall
continue as amended, with this time extension approval.
2. Employees shall be required to park in the lot across the street.
3. Prior to the issuance of the Certificate of Occupancy, a northbound left turn lane
on Ellison Wilson Road leading into the project shall be constructed.
4. All applicable impact and inspection fees shall be provided to the City prior to the
issuance of the first building permit.
SECTION 3. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS -6 AY OF MARCH .1997.
PLACED ON SECOND READING S L_ DAY OF 1997.
PASSED AND THIS /'PAY OF 1997.
MAY SEPH R. RUSSO C
'4t/
VICE MAYOR LAUREN FURTADO C
LINDA MONROE
DAVID CLARK
59
ORDINANCE 11, 1997
PAGE 3
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
/i `R
i
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN — e
COUNCILMAN CLARK ✓
W_I ' , %ice _
AYE NAY
L/ .
"= 1 #- z "
.r
ORDINANCE 37, 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS. FLORIDA, APPROVING IN
PART AN AMENDMENT TO "THE BRIDGE CENTER"
PLANNED UNIT DEVELOPMENT TO ALLOW FOR
ELEVATION, LANDSCAPING AND BUILDING
FOOTPRINT MODIFICATIONS IN ORDER TO
CONSTRUCT A 18,170 SQUARE FOOT RESTAURANT AT
THE NORTHWEST CORNER OF ELLISON WILSON
ROAD AND PGA BOULEVARD; PROVIDING FOR
CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received a petition to amend The Bridge
Center Planned Unit Development located on 3.01 acres at the northeast corner of Ellison Wilson
Road and PGA Boulevard and the southeast corner of Ellison Wilson Road and Smith Drive;
WHEREAS, the Growth Management Department has reviewed said petition and
determined that it is sufficient, and
WHEREAS, the requested amendment is consistent with the City's Comprehensive Land
IIse Plan.
NOW_ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
S[,C]'lON. 1.. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves in tsar►, the petition to amend "The Bridge Center' Planned Unit Development to allow
for elevation, landscaping and building footprint modifications for the construction of a 18,170
square foot restaurant.
SECTION ?. Said Planned Unit Development amendment is approved subject to the
following, condition:
Ail conditions of the Development Order and the Site Plan Approval contained in
Ordinance 11, 1995 shall continue as amended.
SECTION 3. Construction of the said amended Planned Unit Development shall be in
accordance with the following plan on file with the City's Growth Management Department:
t/
I
1. august 11, 1997 Site Plan by Robert Currie Partnership, Inc. Sheet A 1.00
2. May 30, 1997 Floor Plan by Robert Currie Partnership, Inc. Sheets A2.00 and
A2.01.
3. May n, 1997 and April 23, 1997 Elevations by Robert Currie Partnership, Inc.
Sheets A3.00 and A3.01.
4. July 25, 1997 Landscape Plan by TeamPlan, Inc. Sheets LP -1 and LP -2.
SECT'iON,4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS � DAY OF , 1997.
PLACED ON SECOND READING.THIS -9 � DAY OF �lc�i�' , 1997
PASSED AND ADOPTED THIS DAY OF , 1997
i
Z. RUSSO
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER
i
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
Ordinance 37, 1997
Page 2
COUNCILAXOMAN LINDA MONROE
JABLIN
ILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY - -
AYE NAY ABSENT
v'-
f
City Council
Meeting Date: August 17, 2000
Date Prepared: August 5, 2000
Petition VAR -99 -07
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: August 17, 2000
Date Prepared: August 5, 2000
SUBJECT /AGENDA ITEM
Resolution 47, 2000, approving variances from front setback and street frontage requirements for an
existing ground sign at 2700 PGA Boulevard. The variance requests seek relief from the 300 -foot
street frontage requirement and from the 15 -foot front setback requirement. The City Council
continued the public hearing for this petition on June 29, 2000.
RECOMMENDATION
Staff recommends approval of Resolution 47, 2000.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Of
Total
City Attorney
'
.-Growth Management
[ ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ )Denied
Other NA
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date: June 1, 2000
[ ] Operating
Paper: Palm Beach Post
[ ]Other
• Resolution 47, 2000
• Site plan
[] Not Required
• Renderings
tty
•em��
GrZ,ldlana g
Affected parties
P
Budget Acct. #::
Director
[X] Notified
[ ] None
Approved by:
City Manager
[] Not required
(e3
1
City Council
Meeting Date: August 17, 2000
Date Prepared: August S, 2000
Petition VAR -99 -07
SUMMARY OF PREVOUS CITY COUNCIL ACTION:
The City Council conducted a public hearing for this petition on June 29, 2000. The applicant was
requested to propose improvements to the appearance of the existing ground sign before a final action
is taken by the City Council. The public hearing was continued to August 17, 2000.
The applicant has proposed to improve the appearance of the sign by adding a crown on top of the
sign and placing additional landscaping in front of the sign. The applicant will also change the type
of letters placed on the sign to a more acceptable style. (A plan of the improvements to the sign are
attached.)
REQUEST:
The petitioner, Quentin Partners Co., requests a variance to allow an existing ground sign to remain
on site and at its current location. The site is located at 2700 PGA Boulevard (Blvd.), just east of
Palm Beach Community College. The subject sign does not meet the minimum 15 -foot front setback
and 300 -foot street frontage requirements. The sign has been 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 the subject ground sign, as part of the non - conforming sign notification
procedures.
BACKGROUND:
The petitioner received a site plan approval from the Planning and Zoning Commission on January
21, 1983. The approved site plan depicts a ground sign located on PGA Blvd. approximately 34 feet
away from the property line to the west. The front setback, as reflected on the approved site plan,
was approximately 4.5 feet away from the front property line. The shape of the approved sign was in
a shape of an isosceles triangle, but with two sides only.
The subject sign is located approximately 65 feet away from the west property line to the west. The
front setback is approximately two feet away from the front property line, compared to its original
front setback, which was approximately 4.5 feet. The current shape of the sign remains as originally
approved, which is a concrete wall in the shape of a triangle with two sides facing the street and the
open side facing the building. (Please see attachment.)
According to the applicant, the subject sign also serves as a shield wall for a utility box (backflow
preventer) located immediately behind the sign. The primary function of the structure is to
shield/screen the backflow preventer. Section 98- 72(g)(1) of the City Code requires that a wall of
solid materials on three sides with the open side facing the building structure be used to screen the
backflow preventer. The applicant has since placed the number of the building on this structure.
According to the definition of a sign in the City Code, this action makes the structure a sign because
it identifies information. The general description of this sign is a concrete wall structure with a
height of 4.2 and a length of 13.6 feet with one message on it identifying the number of the building.
L04
2
City Council
Meeting Date: August 17, 2000
Date Prepared: August 5, 2000
Petition VAR -99 -07
The applicant has claimed a hardship on the basis that removing the sign would create "an undue
hardship on the general public, cause a traffic problem, and deprive Quentin Partners Co. and its
tenants of rights commonly enjoyed by others..."
LAND USE & ZONING:
The future land -use designation of the site is Commercial. The zoning for the site is General
Commercial (CG1). Properties adjacent to the subject site are designated Commercial (C) to the east
and west, Mobile Home to the north, and Residential High (RH) to the south.
PROCEDURE:
The City's existing land development regulations 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."
VAR-99-07,2700 PGA SIGN VARIANCE REQUEST
GROUND SIGN CODE REQUIREMENTS WITH WHICH THE SUBJECT SIGN IS N_ _OT IN COMPLIANCE
A. Ground Sign Frontage Requirement:
Code Requirements: Chapter 110 -36. Ground signs.
(a) "Any property with at least 300 feet of a property line abutting a public right -of -way shall be allowed a ground sign..."
Present Condition: A ground sign was approved for the subject site on January 21, 1983. However, the property does not
have 300 feet of frontage. The parcel has only 100 feet of frontage.
Request: Applicant requests a variance for 200 feet of frontage to allow the existing ground sign along located along PGA
Blvd. to remain on site.
B. Setback Requirement:
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: The subject sign is approximately two feet away from the front property line.
Request: Applicant requests a variance for 13 feet of setback.
STAFF COMMENTS:
The City Engineer's office does not support the requested variance and has suggested that the
petitioner can reconfigure the sign to comply with the 15 -foot setback requirement and still achieve
the same existing visibility. The Building Division has raised no objections and supports the
requested variance by the applicant. Public Works Department has raised no comments. Staff
comments are attached.
Staff has received no public comments regarding this request.
RECOMMENDATION:
Following City Council direction, staff has worked with the applicant to improve the appearance of
the sign. Based on these improvements, staff recommends approval of the requested variances. The
recommendation is based on the following:
G5
3
City Council
Meeting Date: August 17, 2000
Date Prepared: August 5, 2000
Petition VAR -99 -07
• Relocating the sign further back, and east of its current location may be difficult because parking
spaces are located immediately behind it and across the entire site in the east -west direction. In
addition, compliance with the 15 -foot setback may make the sign less visible to motorists headed
east on PGA Blvd. due to the vegetation on the property to the west of the subject site.
• Removing the sign entirely would make it fairly difficult for motorists to identify the buildings on
site because the closest building to the public right -of -way is set back approximately 147 feet
from the north property line on PGA Blvd. This distance from PGA Blvd. makes the alternative
of allowing only a building identification sign or removing the ground sign less viable.
• From a safety standpoint, the existing location of the sign is properly the most suitable. Motorists
headed east on PGA Blvd. are able to see the sign and identify the building from a reasonable
distance without having to make sudden stops or right turns into the driveway of the site.
• The applicant has agreed to improve the appearance of the sign.
However, as previously stated by staff, the applicant has not satisfied the hardship requirement and
the facts, as presented in this petition, appear to be in contradiction with the facts as recorded in City
approved plans regarding the subject site and sign. The following is a summary of the facts and an
analysis as to why the hardship test has not been satisfied:
The applicant has not satisfied the hardship test. The applicant has stated that removing or
relocating the sign would result in a hardship on the general public, cause traffic problems, and
deprive Quentin Partners Co. and its tenants of rights commonly enjoyed by others. According to
the applicant, the general public (motorists headed east on PGA Blvd.) will not be able or may
have difficulty seeing a ground sign set back at least 15 feet way from the property's front line
due to the vegetation on the Palm Beach Community College property. The likelihood that the
public will not be able to see the sign because of the vegetation places a hardship on the general
public, according to the applicant. However, this is not a hardship as defined in the Code. The
vegetation represents a natural obstruction to the subject sign. Section 110 -72 of the Code states
that "the hardship shall not be ... natural obstructions on adjacent lands ..."
The claim that the existing sign is actually a structure required by Code to screen the backflow
preventer is not accurate because the Code does not require the existing "wall" as a screen for the
backflow preventer in this particular case. Section 98- 72(g)(1) requires the wall structure only if
the backflow preventer is large. In this case it is 1.5 by 1.7 feet, whereas the "wall" or sign is 4.2
feet in height and 13.6 feet in length. Due to the small size of the backflow preventer, Section 98-
72(g)(2) permits screen landscaping as opposed to a wall structure.
The wall structure was approved as a sign and not as a screen wall. The approved site plan
depicts the same structure as a ground sign at a different location than the current one.
G:Talal/var -99 -07
4
40L
August 17, 2000
RESOLUTION 47, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, GRANTING TWO VARIANCES TO
THE 15 -FOOT FRONT SETBACK AND 300 -FOOT STREET
FRONTAGE REQUIREMENTS FOR AN EXISTING GROUND SIGN
LOCATED AT 2700 PGA BOULEVARD; PROVIDING FOR REPEAL
OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Quentin Partners, owner and applicant, have filed a petition for two sign
variances from the minimum 300 -foot linear frontage on a public right -of -way and the 15 -foot front
setback requirements, 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 petitioner has sufficiently demonstrated an undue hardship whereby the petitioner can not
reasonably enjoy and utilize the benefits provided in the City sign regulations; and
WHEREAS, the City Council further finds that the variances meet the general intent and
purpose of the City sign regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Two variances to the requirements of Section 110 -36, entitled "Ground signs," are
hereby granted for one existing ground sign at 2700 PGA Boulevard in the City of Palm Beach
Gardens, as more specifically defined as follows:
a. A variance to the requirement of the minimum linear frontage on a public
right -of -way needed to allow a ground sign. The subject property has
approximately 100 feet of linear frontage on PGA Boulevard. The Code
requires a minimum of 300 feet of linear frontage along a public right -of-
way for allowing one ground sign at a site. Therefore, the variance
granted is for 200 feet of linear frontage along PGA Boulevard.
b. A variance to the requirement of the minimum setback for a ground sign
from the front property line. The current setback of the subject ground
sign is approximately two feet. The Code requires that a ground sign be
set back at least 15 feet from the front property line. Therefore, the
variance granted is to reduce the front setback from 15 feet to two feet
from the front property line along PGA Blvd.
L01
Section 3. Said approval shall be consistent with the attached exhibit filed with the
City's Growth Management Department as follows:
1. Hand drawn rendering of the subject sign received on August 2, 2000 by the Planning
and Zoning Division.
Section 4. All resolutions in conflict herewith are hereby repealed.
Section 5. This resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF 2000.
ATTEST:
BY:
CAROL GOLD, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
G: Ta IaUVAR- 99- 07- re -wpd
2
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
LOLAJ
Variance 2700 PGA Blvd, Palm Beach Gardens
- Owner /Petitioner: James Q. Riordan Jr, President Quentin Partners Co.(Owner)
2893 BE Ocean Blvd, Stuart, Fl. 34996 561-220-4127 Graphics: Lori J. Riordan
Pursuant to the requests of Staff
We will replace the present "2700" metal channel numbers with "2700" in a font commonly called
"Old English" (example below) these will be channel numbers. These numbers will be of the same
size as existing (approx 19" h x 15" w) each. We will color them the same as the Teal -ish Green
color on the building.
271%v/01 - Old English
The balance of the sign will remain the same Peach -ish color as the body of the building. We will
install Yellow or Red Ixora (2 to 3 ft. high when full grown) immediately adjacent to the wall and some
dwarf shore juniper for ground cover in between the Ixora and the sidewalk. This will soften the base
and be attractive year round.
Lu
�I.
CITY OF PALM BEACH GARDENS
AUG 0 2 2000
PLANNING & ZONING DEPT.
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 08/08/00
Meeting Date: 08/17/00
Subject/Agenda Item
Resolution 60, 2000, Appointing Leslie Ferris to the Board of Trustees of the Police
Officers' Retirement Pension.
Recommendation /Motion:
Consider a motion to approve Resolution 60, 2000.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
(] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted by:
Kent R. Olson kko
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
`i 2
CITY OF PALM BEACH GARDENS
171 MEMORANDUM
TO: Mayor and City Council DATE: August 8, 2000
APPROVED: Nabar E. Martinez, City Manager
FROM: Kent R. Olson, Finance Director ��
SUBJECT: Resolution 60, 2000
BACKGROUND
The City's defined benefit pension plan for police officers is governed by a Board
of Trustees consisting of five members. The City Council appoints two residents to the
Police Officers' Retirement Trust Fund to serve as employer trustees. The police officers
elect two trustees, and these four trustees choose a fifth trustee to provide the Board with
five members. All trustees serve for a two -year term and may succeed himself or herself.
DISCUSSION
Leslie Ferris has served as a City of Palm Beach Gardens trustee for the Police
Officers' Retirement Trust Fund for the past four years. Leslie's term has expired, thus
the City Council needs to make an appointment to the pension board. Leslie is interested
in continuing to serve, and we have no applications on file from other interested citizens
at this time. Leslie has a strong background in finance and investments and will continue
to be an asset to the pension board if re- appointed.
RECOMMENDATION
Staff recommends adoption of Resolution 60, 2000, appointing Leslie Ferris to
the Board of Trustees for the Police Officers' Retirement Trust Fund.
`l3
RESOLUTION 60, 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 OF THE CITY
OF PALM BEACH GARDENS POLICE OFFICERS' RETIREMENT
TRUST FUND; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 50 -82 of the Palm Beach Gardens Code of Ordinances provides for the
appointment of members to the Board of Trustees of the Police Officers' Retirement Trust Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Pursuant to Section 50 -82 of the Palm Beach Gardens Code of Ordinances, Leslie
Ferris is hereby appointed as a member of the Board of Trustees of the Police Officers' Retirement
Trust Fund for two (2) years, which term of office shall expire on August 17, 2002.
Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption.
INTRODUCED, PASSED AND ADOPTED this 17th day of August, 2000.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CAROL GOLD, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\TaX SRV\ FINADMR4 \KENrRESOLUTION602000.DOC
AYE
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
NAY ABSENT
1y
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 08/08/00
Meeting Date: 08/17/00
Subject/Agenda Item
Resolution 61, 2000, Appointinq Kent Olson to the Board of Trustees of the General
Employees' Pension Plan.
Recommendation /Motion:
Consider a motion to approve Resolution 61, 2000.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorney
Finance
(Total)
[ ] Approved
$--k—
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
( ] Continued to:
Other
Date:
[ J Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted by:
Kent R. Olson KDO
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ )None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
"15
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: August 8, 2000
APPROVED: Nabar E. Martinez, City Manager
FROM: Kent R. Olson, Finance Director KRO
SUBJECT: Resolution 61, 2000
BACKGROUND
The City's defined benefit pension plan for general employees is governed by a
Board of Trustees consisting of five members. The City Council appoints two residents
to the General Employees' Pension Plan to serve as employer trustees. The general
employees elect two trustees, and these four trustees choose a fifth trustee to provide the
Board with five members. All trustees serve for a three -year term and may succeed
himself or herself.
DISCUSSION
Kent Olson has served as a City of Palm Beach Gardens trustee for the General
Employees' Pension Plan for the past three years. Kent's term has expired, thus the City
Council needs to make an appointment to the pension board. We have no applications on
file from other interested citizens at this time, and Kent is willing to serve for an
additional term or until another citizen steps forward to take his place. Kent has served
as a pension trustee and has dealt with pension boards as Finance Director both here and
in Illinois.
RECOMMENDATION
Staff recommends adoption of Resolution 61, 2000, appointing Kent Olson to the
Board of Trustees for the General Employees' Pension Plan.
RESOLUTION 61, 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 OF THE CITY
OF PALM BEACH GARDENS GENERAL EMPLOYEES' PENSION
PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE.,
WHEREAS, Section 3 -128 of the Palm Beach Gardens Code of Ordinances provides for the
appointment of members to the Board of Trustees of the General Employees' Pension Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, Kent
R. Olson is hereby appointed as a member of the Board of Trustees of the General Employees'
Pension Plan for three (3) years, which term of office shall expire on August 17, 2003.
Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption.
INTRODUCED, PASSED AND ADOPTED this 17th day of August, 2000.
ATTEST:
CAROL GOLD, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
LAKENIIRESOLUT [ON612000. DOC
AYE
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
NAY
ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: August 17, 2000
Date Prepared: July 31, 2000
SUBJECT /AGENDA ITEM:
Consideration of Approval of Resolution 64, 2000, authorizing the Mayor and City Clerk to
execute an Agreement whereby Northern Palm Beach County Improvement District agrees
to pay the City the sum of $111,000 toward the construction of drainage improvements for
Holly Drive.
RECOMMENDATION:
Approval of Resolution 64, 2000
Reviewed by:
Originating Dept:
Costs:
Council Action:
City Attorney
City Attorney
Not Applicable
[ ] Approved
[ ] Approved with
conditions
Funding Source:
[ ] Denied
[ ] Continued to:
Submitted by:
Advertised:
City Attorneycz;;;,
Date:
Not applicable
Paper:
[ X] Not Required
Approved by:
Attachments:
City Manager
Affected parties:
Resolution 64,2000
[ ] Notified
Funding Agreement
[ X] Not Required
-►8
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
To: Hon. Mayor and City Council
From: Leonard G. Rubin, City Attorney •A�0e)
Subject: Funding Agreement for Holly Drive Drainage Improvements
Date: July 31, 2000
This is a request for approval of Resolution 64, 2000, authorizing the Mayor and City
Clerk to execute a funding agreement whereby Northern Palm Beach County Improvement
District ( "Northern") agrees to pay the City the sum of $111,000 toward the construction
of drainage improvements for Holly Drive.
Northern's Unit of Development 31, which consists of the entire BallenIsles project,
abuts the residential area located at and around Holly Drive and Gardens Glen, which has
experienced flooding and surface water drainage problems. In an effort to address these
problems, Northern has agreed to pay $111,000 of the monies allocated to Unit of
Development No. 31 toward the cost of the drainage improvements detailed in the
agreement. By executing this agreement, the City releases Northern and the developers of
BallenIsles from any liability for past flooding and agrees not to require additional payments
provided that the BallenIsles surface water management system is operated in accordance
with the performance standards adopted by the City Council.
Northern has submitted a check to this office, to be held in escrow until the City
executes that attached agreement. Should you have any additional questions, please do not
hesitate to contact me.
cc: Len Lindahl and Dan Clark, City Engineers
Kent Olson, Finance Director
P: \CPWin\History\000306A \446.23 (scw) (319.055)
19
RESOLUTION 64, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYORAND CITY CLERK TO
EXECUTE A FUNDING AGREEMENT WITH NORTHERN PALM BEACH
COUNTY IMPROVEMENT DISTRICT, DEXTER DEVELOPMENT
COMPANY, BALLENISLES COUNTRY CLUB, INC., AND BALLENISLES
COMMUNITY ASSOCIATION, INC. FORTHE FUNDING OF HOLLY DRIVE
DRAINAGE IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Northern Palm Beach County Improvement District ( "Northern ")
operates Unit of Development No. 31, which consists of the entire Ballenlsles PCD; and
WHEREAS, Unit of Development No. 31 abuts the residential area located at and
around Holly Drive and Gardens Glen, which has experienced severe flooding and surface
water drainage problems; and
WHEREAS, Northern has agreed to pay $111,000 toward the cost of certain
drainage improvements for Holly Drive in exchange of the City releasing Northern and the
developers of Ballenlsles from any liability for past flooding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The City Council hereby authorizes the Mayor and City Clerk to
execute a funding agreement with Northern, Dexter Development Company, Ballenlsles
Country Club, Inc., and Ballenlsles Community Association, Inc., providing forthe payment
of $111,000 toward the funding of Holly Drive drainage improvements. A copy of this
agreement is attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. This Resolution shall become effective immediately upon adoption.
RESOLVED AND ADOPTED THIS DAY OF , 2000.
ATTESTED BY:
CITY CLERK
-1-
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
- %
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
-2-
fir/
AGREEMENT BY AND AMONG
THE CITY OF PALM BEACH GARDENS,
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT,
DEXTER DEVELOPMENT COMPANY,
BALLENISLES COUNTRY CLUB, INC. AND
BALLENISLES COMMUNITY ASSOCIATION, INC.
(BallenIsles)
THIS AGREEMENT (the "Agreement ") shall be effective as of the �_ (�`�� day of
�4, , 2000 and is being entered into by and among, THE CITY OF PALM BEACH
G4DENS& Florida municipal corporation, having its offices at 10500 North Military Trail, Palm
Beach Gardens, Florida 33410, (hereinafter referred to as the "City "), NORTHERN PALM BEACH
COUNTY IMPROVEMENT DISTRICT, an independent special district of the State of Florida, 357
Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "Northern"), DEXTER
DEVELOPMENT COMPANY, a Florida corporation, 303 BallenIsles Drive, Palm Beach Gardens,
Florida 33418, (hereinafter referred to as the "Company "), BALLENISLES COUNTRY CLUB,
INC., a Florida non - for - profit corporation, 100 BallenIsles Drive, Palm Beach Gardens, Florida
33418 (hereinafter referred to as the "Club ") and BALLENISLES COMMUNITY ASSOCIATION,
INC., a Florida not - for - profit corporation, 205 BallenIsles Circle, Palm Beach Gardens, Florida
33418 (hereinafter referred to as the "Association").
WIIh!ESSETH:
WHEREAS, it is the intent of the City and Northern to coordinate with each other in order
to provide an effective and efficient delivery of stormwater protection to their respective residents
and landowners; and
WHEREAS, the Company is the master developer of a development commonly referred to
as BallenIsles which is located within the City's jurisdictional boundaries and comprises Northern's
Unit of Development No. 31; and
and
WHEREAS, the Club is the Owner of the golf course facilities located within BallenIsles; .
WHEREAS, the Association is the master property owner association for BallenIsles; and
WHEREAS, the Company, Club and Association similarly wish to assist the City and
Northern in the provision of the above services; and
WHEREAS, located outside of but adjacent to BallenIsles and Northern's Unit of
Development No. 31 is a residential area located at and around Holly Drive and Gardens Glen (said
area being more particularly described in attached Exhibit "A" and hereinafter referred to as the
"Affected Area "); and
sz.
WHEREAS, the parties acknowledge that the Affected Area has in the past experienced
flooding and surface water.drainage problems which can be alleviated, in part, by the installation
and/or construction of certain drainage improvements; and
WHEREAS, the parties are desirous of addressing, to the extent set forth herein, the Affected
Areas surface water drainage and flooding problems.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt of which is hereby acknowledged, the parties
agree as follows:
SECTION 1. RECITALS. That the above recitals are true and correct to the best of the knowledge
of the parties hereto and are incorporated herein and made a part hereof by this reference.
SECTION 2. NQRTKRN CONTRIBUTION. Within thirty (30) calendar days of full execution
of this Agreement by all parties, Northern shall pay to the City a sum of One Hundred and Eleven
Thousand Dollars ($111,000.00) which represents payment of the following:
(A) One hundred percent (100 %) of the estimated cost of the design and
installation of: (i) a 42 -inch diameter reinforced concrete pipe that is to be installed between
Structures S 1.3, S 1.4, S 1.5 and S 1.6 and (ii) related drainage structures to be installed at S 1.4, S 1.5
and S 1.6, as generally depicted on attached composite Exhibit `B ", all of which are located within
the Holly Drive road right -of -way as described in Plat No. 2 of the P.G.A. National Club Estates,
Plat Book 28, Pages 72 to 73, of the Public Records of Palm Beach County, Florida.
(B) Thirty-three percent (33 %) of the estimated cost of the design and installation
of: (i) a 42 -inch diameter reinforced concrete pipe between Structures 51.2, 51.3, and S2.1, (ii)
installation of an outfall pipe to the canal/lake system lying within the PGA National Golf Club
Estates, Plat No. 2, as recorded in Plat Book 28, Pages 72 to 73, of the Public Records of Palm Beach
County, Florida, and (iii) the drainage structures at S1.3, S1.2 and 52.1, as generally depicted on
attached composite Exhibit "B ".
The allocation of cost for the design and installation of the drainage
improvements identified in above subparagraphs (A) and (B) (hereinafter referred to as the
"Drainage Improvements ") is more particularly detailed in attached Exhibit "C ".
SECTION 3. COWANY. CLUB AND ASSOCIATION CONTRIBUTION. The Company, Club
and Association do hereby consent to the above cash contribution by Northern and do release any
and all current or future right, title, claim and/or interest that they might currently or in the future
have as to said funds usage for the improvements herein contemplated, including but not limited to
reimbursements of up to said amount for any and all costs and expenses they might otherwise be
entitled to receive from Northern for the provision of services in the past currently or in the future
2 193
involving the design, preparation, implementation, installation and/or construction of Northern's
Unit of Development No. 31 Plan of Improvements, as may be amended from time to time, that
pertain to the improvements contemplated in this Agreement.
SECTION 4. CITY OBLIGATIONS. Upon receipt of the aforementioned payment from Northern,
the City shall thereafter be responsible for the design, implementation, installation, construction and
subsequent maintenance of the Drainage Improvements and provision of stormwater protection for
the Affected Area.
SECTION 5. RELEASE. That upon receipt of full payment of the One Hundred and Eleven
Thousand Dollars ($111,000.00) required to be paid to it pursuant to Section 3 above, and in
consideration thereof, the City does hereby agree and acknowledge as follows:
(A) That Northern, the Company, Club and Association, including with specificity
their successors and assigns in interest in any portion of the property located within BallenIsles, shall
thereupon be remised, released, acquitted, satisfied and forever discharged of and from any and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or
in equity, which the City ever had, now has or which any successor or assign of the City, hereafter
can, shall or may have, against Northern, the Company, Club and Association for, upon or by reason
of any matter, cause or thing whatsoever, from the beginning of the world to the day of these
presents, that pertain to, arise out of or derive from the drainage problems surrounding or involving
the Affected Area, including surface water drainage, stormwater drainage and/or flooding.
(B) Subject to the provisions of the immediately following subparagraph and
provided the existing BallenIsles surface water drainage system (the "Drainage System ") continues,
as it is currently, to be operated and maintained pursuant to required performance standards as
adopted by the City Council before the Effective Date of this Agreement and said Drainage System
is not hereinafter materially modified or altered in a manner that in either event adversely impacts
the Affected Area's drainage then in that event the City shall not impose or seek to or impose any
additional or future obligations, conditions or limitations of any nature whatsoever, including but
not limited to contribution of real property interests or funding amounts, upon Northern, the
Company, the Club or the Association (including their successors and assigns) that relate to or are
being imposed to address any drainage issues arising out of or pertaining to the Affected Area,
including but not limited to those that derive out of or from surface water drainage, stormwater
drainage or flooding issues or events.
However, in the event the Drainage System is not operated or maintained
properly pursuant to required performance standards as adopted by the City Council before the
Effective Date of this Agreement or is hereinafter materially modified or altered in a manner that in
either event adversely impacts the Affected Area's drainage, then in that event the City does hereby
3 Sy
specifically reserve the right to impose additional obligations, conditions and/or limitations upon
Northern, the Company, Club and/or Association in order to address the Affected Area's drainage.
(C) That regardless of any language herein to the contrary: (i) the payment by
Northern and the contribution by the Company, Club and Association as herein set forth, is not
intended, nor shall it be construed or interpreted, as an admission or acknowledgment by Northern,
the Company, Club and/or Association that any of them has or had an obligation or duty to provide
drainage and/or stormwater protection services on behalf of the Affected Area or its residents, nor
responsibility for any drainage, stormwater and/or flooding damages, issues or problems that have
or may in the future arise, occur or involve the Affected Area and/or its residents and landowners
and (ii) nothing set forth in this Section 5 shall be construed to bar or in any way limit the City's
exercise of its power of eminent domain.
SECTION 6. MISCELLANEOUS PROVISIONS.
(A) Notice Format. All notices required or permitted under this Agreement shall
be in writing (including telex, facsimile or telegraphic communication) and shall be (as elected by
the party giving such notice) hand delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed by registered or certificated mail (postage prepaid), return
receipt requested, to the following addresses:
As to NORTHERN: Northern Palm Beach County Improvement District
357 Hiatt Drive
Palm Beach Gardens, Florida 33418
Attn: Executive Director
Telephone: (561) 624 -7830
Facsimile: (561) 624 -7839
As to CITY: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Nabar Martinez, City Manager
Telephone: (561) 799 -4100
Facsimile: (561) 799 -4111
As to COMPANY: Dexter Development Company
303 BallenIsles Drive
Palm Beach Gardens, Florida 33418
Attn: President
Telephone: (561) 625 -5718
Facsimile: (561) 775 -4947
65
As to the CLUB: BallenIsles Country Club, Inc.
100 BallenIsles Drive
Palm Beach Gardens, Florida 33418
Attn: President
Telephone: (561) 622 -0220
Facsimile: (561) 626 -3941
As to the ASSOCIATION: BallenIsles Community Association, Inc.
205 BallenIsles Circle
Palm Beach Gardens, Florida 33418
Attn: President
Telephone: (561) 625 -5724
Facsimile: (561) 625 -2621
(B) Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the parties with respect to the subject matter hereof.
(C) Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of,' and 'be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
(D) Assignability. This Agreement may not be assigned without the prior written
consent of all parties to this Agreement.
(E) Severability. If any part of this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be
invalidated thereby and shall be given full force and effect so far as possible.
(F) Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida without regard to any contrary .conflicts of law principle.
Venue of all proceedings in connection herewith shall lie exclusively in the Fifteenth Judicial Circuit
Court in and for Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue.
(G) Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of
this Agreement.
(H) Effective Date. The effective date of this Agreement shall be as of the date
5
it has been executed by all of the parties hereto.
(I) Enforcement of Remedies. The failure of any party to insist on the strict
performance of any of the terms and conditions hereof shall be deemed a waiver of the rights to
remedies that the party may have regarding that specific instance only, and shall not be deemed a
waiver of any subsequent breach or default in any terms or conditions.
(n Construction. The parties acknowledge that each has shared equally in the
drafting and preparation of this Agreement and, accordingly, no Court or Administrative Hearing
Officer construing this Agreement shall construe it more strictly against one party than the other and
every covenant, term and provision of this Agreement shall be construed simply according to its fair
meaning.
(K) Attorney's Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement
or interpret same, or if any administrative proceeding is brought for the same purposes, the
prevailing party to said action shall be entitled to payment for all attorney's fees and costs, including
appellate fees and costs it incurred in connection therewith.
(L) Additional Instruments. The parties agree, subject to reasonable terms and
conditions, to provide each other with any further written documentation or agreements as may be
required for the successful implementation of the purposes and intent of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereinafter written.
Executed by CITY this day of , 2000.
[SEAL]
ATTEST:
, City Clerk
CITY OF PALM BEACH GARDENS,
FLORIDA
U-7
, Mayor
9 �
Executed by NORTHERN this Q14y day of Q ut�r , , 2000.
U 6
;[SEAL]
A .-
Secretary
NORTHERN PALM BEACH COUNTY
IMPROV MENT D STRICT
By: �1V� , L���
Plam Rauch, Pr2.sident Pro Tempore
R
Executed by COMPANY this a � of of , 2000.
DEXTER DEVELOPMENT COMPANY,
a Florida corporation
By: 4 • 4,4e,- -
President
Executed by CLUB this 2 day of , 2000.
/ /10d
Xe/Getary
BALLENISLES COUNTRY CLUB, INC.
By: /Z'j 4..
President
88
Executed by the ASSOCIATION this.? `% may of , 2000.
BALLENISLES COMMUNITY
ASSOCIATION, INC., a Florida
-- — Not- for - profit corporation
- [SEAL]
By:
President
i% t6ry
U:\NORT MU4\AGNM\31 \CONTRIB.AGT
8 st?
AFFECTED AREA
THE AFFECTED AREA FOR THE PURPOSES OF THIS AGREEMENT IS THAT AREA
FROM THE INTERSECTION OF GARDENS GLEN CIRCLE AS INDICATED ON PLAT
OF GARDENS GLEN/PUD, PLAT BOOK 40, PAGES 146 -147 AND THE CENTERLINE OF
HOLLY DRIVE PER PLAT NO. 2, PGA NATIONAL GOLF CLUB ESTATES, PLAT BOOK
28, PAGES 72 -73 EASTERLY TO A POINT APPROXIMATELY 450 FEET WEST OF
THE INTERSECTION OF HOLLY DRIVE AND MILITARY TRAH. ADJACENT TO AND
INCLUDING A 12 -FOOT DRAINAGE EASEMENT BETWEEN LOTS 7 AND 8
ACCORDING TO PLAT NO. 2, PGA NATIONAL GOLF CLUB ESTATES, PLAT BOOK
28, PAGES 72 -73, ALL AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
Exhibit "A"
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�•T T T t P'T'T' }•F•}.7'T': I t � l t l t I. t t j - '.
Northern Palm Beach County Improvement District Holly Drive/Gardens Glen
Unit of Development No.31
Statement of Probable Construction Cost
(our ref no.N3100.a0)
100% Contribution Structures and Pipe
S1.4.S1.5_S1.6
Item
Description
Quantity
Unit
Unit Cost
Total
1
42" diam RCP
720
if
$ 79.80
$ 57,456.00
2
Drop Inlet Structures
3
ea
$ 3,333.00
$' 9,999.00
3
Driveway Restoration
8
ea
$ 1,500.00
$ 12,000.00
Subtotal
S
79,455.00
10% Soft Costs
$
7,945.50
10% Contigency
$
7,945.50
Subtotal
$
96,346.00
Use
$
9s,000.00
33% Contribution Structures and Pipe
S1.2_S1.3_S2.1
Item
Description
Quantity
Unit
Unit Cost
Total
1
42" diam RCP
265
If
$ 79.80
$ 21,147.00
2
Drop Inlet Structures
2
ea
S 3,500.00
$ 7,000.00
3
Drop Inlet Structures
1
ea
$ 5,000.00
$ 5,000.00
41
Road Restoration and MOT
1 I
Is
1 $ 7.000.001S
7,000.00
Subtotal
$
40,147.00
33 % Cost Share
$
13,248.51
10% Soft Costs
$
1,324.85
10% Contigency
S
1,324.85
Subtotal
$
15,898.21
Use
$
16,000.00
Total
S
111,244.21
Use
$
1111000.00
Exhibit "C"
bergmann/exceVconstr /Holly Dr- Gardens Glen Orainage est
qa
3/24/00
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: August 17, 2000
Date Prepared: August 4, 2000
SUBJECT /AGENDA ITEM:
Consideration of Approval of Resolution 65, 2000, approving the disclosures for the Golf
Digest (n /k/a Mirasol) PCD relating to the location of County thoroughfares, the proximity
of the Seacoast Utility Authority Wastewater Treatment Facility, and the fluctuation of water
levels within the lakes and canals.
RECOMMENDATION:
Approval of Resolution 65, 2000
Reviewed by:
Originating Dept:
Costs:
Council Action:
City Attorney Q�
City Attorney
Not Applicable
[ ] Approved
Growth Mgt.
[ ] Approved with
conditions
City Engineer
Funding Source:
[ ] Denied
( ) Continued to:
Submitted by:
Advertised:
City Attorney
Date:
Not applicable
(!ep
Paper:
[ X] Not Required
Approved by:
Attachments:
City Manager
Affected parties:
Resolution 65,2000
Disclosures
[ ] Notified
[ X] Not Required
93
M E M O R A N D U M
WATTERSON, HYLAND & KLEfT, P.A.
To: Hon. Mayor and City Council
From: Leonard G. Rubin, City Attorney
Subject: Golf Digest PCD Disclosures
Date: August 4, 2000
This is a request for approval of Resolution 65, 2000, approving the disclosures for
the Golf Digest (n/k/a Mirasol) PCD in accordance with the requirements of Ordinance 8,
2000.
The disclosures set forth in Exhibit "A" relate to the location of County thoroughfares
within the PCD, the proximity of the Seacoast Utility Authority Wastewater Treatment
Facility, and the fluctuation of the water levels within the lakes and canals. These
disclosures must be included in all sales materials and homeowner's association documents.
The disclosure set forth in Exhibit `B" relates only to the fluctuation of water levels
and will be executed and recorded in the public records by Northern Palm ,Beach County
Improvement District. Ordinance 8, 2000 requires that the disclosure be recorded prior to
the first residential sale.
The disclosures have been reviewed by this office, in conjunction with Growth
Management and the City Engineer, and have been approved by the South Florida Water
Management District and the Northern Palm Beach County Improvement District. Should
you have any additional questions, please do not hesitate to contact this office.
cc: Len Lindahl and Dan Clark, City Engineers
Roxanne Manning, Growth Management Director
PACPWin\History\000306A \446.23 (scw) (319.055)
qq
RESOLUTION 65, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING DISCLOSURES FOR THE GOLF
DIGEST (N /K/A MIRASOL) PLANNED COMMUNITY DEVELOPMENT
RELATING TO THE LOCATION OF COUNTY THOROUGHFARES, THE
PROXIMITY OF THE SEACOAST UTILITY AUTHORITY WASTEWATER
TREATMENT FACILITY, AND THE FLUCTUATION OF WATER LEVELS
WITHIN THE LAKES AND CANALS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 8, 2000, the City Council approved
a development order for the Golf Digest (n /k/a Mirasol) Planned Community District
( "PCD "), subject to numerous conditions ( "Development Order"); and
WHEREAS, conditions 65, 66 and 67 of the Development Order required the
developer of the PCD to include certain disclosures in all sales materials and homeowner's
association documents relating to the location of County thoroughfares within the PCD, the
proximity of the Seacoast Utility Wastewater Treatment Facility, and the potential for
dramatic fluctuation in the water levels of the lakes and canals located within the PCD; and
WHEREAS, condition 67 of the Development Order further required the developer
to record a prominent statement in the public records of Palm Beach County relating to the
water level fluctuation; and
WHEREAS, the required disclosure and recorded notice must be approved by the
City Council by resolution prior to the first residential sale; and
WHEREAS, the developer of the PCD has obtained approval of the required
disclosures and recorded statement from the Northern Palm Beach County Improvement
District and the South Florida Water Management District and seeks approval of such
documents by the City in accordance with the express terms of the Development Order.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The City Council hereby approves the disclosures relating to the
location of County thoroughfares within the PCD, the proximity of the Seacoast Utility
Wastewater Treatment Facility, and the potential for dramatic fluctuation in the water levels
of the lakes and canals located within the PCD as set forth in Exhibit "A" attached hereto
and incorporated herein by this reference. The developer of the PCD shall include these
disclosures in all sales materials and homeowner's association documents relating to
properties within the PCD. Additionally, the thoroughfare disclosure shall be included in
all marketing materials.
95
Section 2. The City Council hereby approves the disclosure statement advising
all purchasers of properties within the PCD of the water level fluctuations as set forth in
Exhibit "B" attached hereto and incorporated herein by this reference. This statement shall
be recorded in the public records of Palm Beach County and a copy of the recorded
document provided to the City prior to the first residential sale of property within the PCD.
Section 3. This Resolution shall become effective immediately upon adoption.
RESOLVED AND ADOPTED THIS DAY OF
ATTESTED BY:
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
, 2000.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
P: \CPWi n \H I STORY\ 000726A 143F.2F(319.062)Igr -doc47
-2-
Exhibit "A"
DISCLOSURES
Thoroughfares:
Portions of the Property or contiguous property is being developed as a
north -south and an east -west thoroughfare (Jog Road), that will be dedicated
to the County and will be maintained as a County Road. In the future, such
thoroughfares may be expanded and could eventually become six -lane
public roads in accordance with the County Thoroughfare Plan.
Seacoast Wastewater Treatment Facility:
Each Owner acknowledges the Property is in proximity to the Seacoast Utility
Authority Wastewater Treatment Facility and depending on wind direction,
velocity, volume of sewage flowing to the facility, flow and the manner of
operation of the facility, objectionable odors may emanate from the plant
which may be offensive to Persons on the Property.
Water Levels:
Each Owner acknowledges that all lakes and canals (singularly referred to
as "Lake Area" and collectively referred to as "Lake Areas ") within the Mirasol
project are designed as water management areas and are not designed as
aesthetic features. Permits from various regulatory agencies including the
South Florida Water Management District ( "S.F.W.M.D. ") govern the control
of water levels. Due to varying climatic conditions, environmental conditions
and water use requirements, including, without limitation, fluctuations in
ground water elevations, water usage by the Seacoast Utility Authority
( "S.U.A. "), priorities established by governmental authorities, and other
causes outside the control of Taylor Woodrow Communities at Mirasol, Ltd.
( "Seller"), the City of Palm Beach Gardens ( "City "), Northern Palm Beach
County Improvement District ( "N.P.B.C.I.D. "), the various maintenance and
homeowners associations created from time to time for communities within
Mirasol (collectively, the "Associations "), and the owners of the golf facilities
(the "Golf Owners "), the water levels in the Lake Areas, depending on
conditions, will rise and fall as often as daily and on occasion the water level
may decline significantly and result in changes to the appearance of the
Lake Areas. These water level fluctuations and changes in the appearance
of the Lake Areas are considered normal occurrences. Owner further
understands and acknowledges that neither the Seller nor. N.P.B.C.I.D. has
control over such water level fluctuation nor associated impacts to plant
growth in the Lake Areas. Therefore, Owner agrees to release and hold
harmless Seller, N.P.B.C.I.D., the Associations, the City, S.U.A. and the Golf
Page 1 of 2
907
Owners (the "Releasees ") from and against any and all claims, demands,
damages, costs and expenses of whatever nature or kind, including
attorney's fees and costs, arising from or relating in any manner to the Lake
Areas including, without limitation, water level fluctuations, permitting,
construction and maintenance thereof. Owner shall not alter, modify,
expand, or fill any lake Area without the prior written approval of the Seller,
the N.P.B.C.I.D., the City, the U.S. Army Corps of Engineers, S.F.W.M.D.
and such other local, state and federal authorities as may have relevant
jurisdiction over such matters.
Page 2 of 2
EXHIBIT B
This Instrument Prepared by
and to bo Returned to.
Kenneth W. Edwards, Esquire
CALDWELL & PACETTI
P. O. Box 2775
Palm Beach, FL 33480.2775
AMENDED
NOTICE OF WATER LEVEL FLUCTUATIONS
IN MIRASOL LAKES, CANALS AND WETLANDS
. (NPBCID Unit of Development No. 43)
NOTICE IS HEREBY GIVEN BY NORTHERN PALM .BEACH COUNTY IMPROVE MEW _
DISTRICT (NPBCID), 357 HIATT DRIVE, PALM BEACH GARDENS, FLORIDA 33418, TO
THE OWNERS AND RESIDENTS OF THE TAYLOR WOODROW COMMUNITIES AT
MIRASOL, LTD., OF THE FOLLOWING:
1. THAT NPBCID'S UNIT OF DEVELOPMENT NO. 43 ENCOMPASSES A
SUBSTANTIAL PORTION OF THE MIRASOL DEVELOPMENT INCLUDING THAT
REAL PROPERTY DESCRIBED IN ATTACHED EXHIBIT "A ".
2. THAT THE LAKES, CANALS AND WETLANDS LOCATED IN MIRASOL HAVE
BEEN DESIGNED FOR WATER MANAGEMENT PURPOSES AND NOT AS .
AESTHETIC FEATURES.
3. THAT THE WATER LEVELS IN THE LAKES, CANALS AND WETLANDS W[Li. BE
AFFECTED BY THE SEACOAST UTILITY WELLFIELDS LOCATED ADJACENT
TO THE REAL PROPERTY DESCRIBED IN ATTACHED EXHIBIT "A ".
4. THAT THE WATER LEVELS IN THE LAKES, CANALS AND WETLANDS
'LOCATED IN MIRASOL WILL, DEPENDING UPON CONDITIONS, RISE AND
FALL AS OFTEN AS DAILY AND ON OCCASION THE CHANGES IN WATER
LEVEL WILL BE SUBSTANTIAL.
5. THAT THE LOWERING OF THE WATER LEVELS IN THE LAKES AND CANALS
MAY BE NOTICEABLY VISIBLE WHEN PREVIOUSLY SUBMERGED LAKE AND
CANAL AREAS ARE EXPOSED.
EXECUTED THIS DAY OF _
[SEAL]
ATTEST:
By:
Peter L. Pimentel, Secretary
, 2000.
NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT '
By:
Tesula N. Stewart, President
Ordinance 8, 2000
Golf Digest Development Order
subject to City standards, for firdemergency access to each development parcel prior to
the start of construction within said parcel.
Disclosure
63. Pursuant to School Board requirements, a sign shall be posted in all sales officestmodel
homes which provides notice of annual school boundary assignments for students of this
project. This 11 "x1TO notice shall be provided by the School Board.
64. A prominent statement, such as the one shown below, shall be included in sales and
marketing materials and property owners association documents:
Golf Digest (or specific property location) is located within 4.5 miles of North County
Airport, a general aviation reliever airport. Airplanes operating to, from andlor near North
County Airport will be noticeable and airplane noise may be objectionable.
65, A disclosure shall be included in sales and marketing material's and property owner's
association documents which identifies that the N -S Parkway and E -W Parkway will be
dedicated to Palm Beach County in the future, and that these thoroughfares have the
potential of becoming six -lane facilities. The disclosure document shall be approved by
resolution of the City Council prior to the first residential sale.
66. Disclosure shall be provided to all potential home buyers and a statement shall be
contained in all property owners association documents and initial sales documents which
identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility
and the potential odors that may be emitted therefrom. The disclosure document shall be
Ordinance 8, 2000
Golf Digest Development Ureter
approved by resolution of the City Council prior to the first residential sale.
67. A prominent statement acceptable to the City shall be recorded into the public records of
Palm Beach County and contained in all property owners association documents and sales
documents which identifies that the levels of all water bodies in the surface water
management system may fluctuate dramatically during very wet or very dry periods and
that the priority purpose of these water bodies is to fulfill surface water management, not
aesthetics. The disclosure document shall be recorded and approved by resolution of the
City Council prior to first residential sale and subsequently recorded in the public records.
Performance $tanda;ds
68. The golf course(s) shall be designed and constructed by a nationally - recognized golf entity
for the first five (5) years of operation, and maintained at the direction of a head golf
professional who shall be a class A member of the Professional Golfer's Association
of America or other national certification of equal value, who shall have at least five (5)
years of experience in the Southern region. The golf management services/administration
personnel shall include professional turf consultants, entomologists, plant biologists and
such other professional specialists required to care and maintain the course(s).
69. Prior to the issuance of the first residential building permit, the master property owners
association documents and restrictions shall be fiuuished by the applicant to the City
toi
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: August 17, 2000
Date Prepared: August 7, 2000
SUBJECT /AGENDA ITEM:
Consideration of Approval of Resolution 67, 2000, authorizing the Mayor to execute a letter
to accompany the City's unmet needs application related to Tropical Storm filed with the
Florida Department of Community Affairs certifying that the City will commit to a local cost
share of 12.5% toward the funding of drainage improvements to Plat Number 4.
RECOMMENDATION:
Approval of Resolution 67, 2000
Reviewed by:
Originating Dept:
Costs:
Council Action:
jam`=
City Attorney (�
City Attorney
Not Applicable
[ ] Approved
City Engineer
41
[ ] Approved with
conditions
[ ] Denied
Submitted by:
City Aft
Advertised:
Funding Source:
[ ] Continued to:
Date:
Not applicable
Paper:
Approved by:
[ X] Not Required
City Manager
Attachments:
Affected parties:
Resolution 67,2000
Draft Letter
[ ] Notified
[ X] Not Required
105 ?
M E M O R A N D U M
WATTERSON, HYLAND & KLE1T, P.A.
To: Hon. Mayor and City Council
From: Leonard G. Rubin, City Attorney 4F
Subject: Unmet Needs Funding Application
Date: August 7, 2000
This is a request for approval of Resolution 67, 2000, authorizing the Mayor to
execute a letter to accompany the City's unmet needs application filed with the Florida
Department of Community of Affairs certifying that the City will commit to a local cost share
of 12.5% of the total amount of funds committed to the City. The funds will be utilized to
construct drainage improvements for Plat Number 4.
The total amount of funds sought by the City is $1,600,000. The City has received
a verbal commitment from the Department of Community Affairs for $1,199,200 in grant
funds. Therefore, it is estimated that the City's local share cost will be $149,900. City
Engineer Dan Clark has advised that monies already paid for Plat Number 4 improvements
(approximately $115,000) may be set off against the local match.
Should you have any additional questions, please do not hesitate to contact the City
Engineer or this office.
cc: Dan Clark, City Engineer
P: \CPWin\History\000306A \446.23 (scw) (319.055)
I
RESOLUTION 67, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO COMMIT LOCAL.
MATCH FUNDS TOWARD ITS UNMET NEEDS FUNDING APPLICATION
RELATING TO TROPICAL STORM MITCH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has filed an unmet needs application relating to Tropical Storm
Mitch for funds administered by the Florida Department of Community Affairs, seeking a
total of $1,600,000 in aid; and
WHEREAS, the unmet needs application relates to drainage improvements for Plat
Number 4 within the City; and
WHEREAS, the Department of Community Affairs has informed the City that this
project meets the initial eligibility requirements but is contingent upon the City certifying that
it will commit its own resources to fund the twelve and one -half percent (12.5 %) local cost -
share of each project; and
WHEREAS, this certification must be signed bythe City's highestelected official and
must accompany the City's application for it to be considered complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The City Council hereby authorizes the Mayor to execute a letter to
accompany the City's unmet needs application certifying that the City will commit to a local
cost share from its own resources of twelve and one -half percent (12.5 %) of the total
amount committed to the City for the funding of drainage improvements within Plat Number
4.
Section 2. This Resolution shall become effective immediately upon adoption.
RESOLVED AND ADOPTED THIS DAY OF
ATTESTED BY:
CITY CLERK
-1-
, 2000.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
1614
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
AYE NAY ABSENT
-2-
105
Draft of Letter (Please place on Palm Beach Gardens Letterhead)
Mr. Miles Anderson
Attn: Unmet Needs Funding
Florida Department of Community Affairs
Division of Emergency Management
Hazard Mitigation Grant Program
255 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Re: Unmet Needs Application for Tropical Storm Mitch
Dear Mr. Anderson:
Please accept this letter and the attached City Resolution as the appropriate local government
certification that the City of Palm Beach Gardens will commit to a local cost share of twelve and
one -half percent (12.5 %) of its own resources. This commitment is associated with the
improvements identified in the City's unmet needs application for the Plat 4 development within the
City.
The City has identified and set aside funding in the fiscal year 2001 budget. We further
understand that you were not able to fund the entire amount requested in our grant application and
have committed to continuing the project and completing all portions of the work. The City expects
to ensure that the appropriate level of service for drainage, as defined in the City's Comprehensive
Plan, is available to the residents of the Plat 4 community.
Very truly yours,
Mayor Joseph R. Russo
City of Palm Beach Gardens
!O(o
CITY OF PALM BEACH GARDENS
MEMORANDUM
WN
TO: Mayor and City Council
DATE: August 9, 2000
APPROVED: Nabar Enrique Martinez, City Manager
FROM: Roxanne Manning, Growth Management Director
SUBJECT: Legacy Place Preliminary Workshop
As you know, the recently- approved Land Development Regulations contain a provision
(Section 20 (g), Preliminary Review of Large Scale Developments) which allows
developers of large projects which meet minimum size and other criteria to request a
"preliminary workshop" with the City Council prior to completing the normal review
process. The purpose is to "provide non - binding comments to an applicant as a means to
reduce the amount of resources expended in preparation of plans and formal applications
for the City's development review process ". Legacy Place has requested such a
workshop.
In order to keep this workshop as focused as possible, we have asked the applicant to
provide a summary of the issues and concerns for which they seek Council input. The
attached letter to Jim Norquest, dated August 4, contains this summary. We have
indicated to the applicant that their presentation should preferably be in a PowerPoint
format and should be clear and brief, totaling no more than 45 minutes including
questions and answers from Council. The intent of the workshop is to give general policy
direction on selected topics if the Council chooses to provide it.
Legacy Place received Concurrency based upon a certain development plan in September
of 1999. They have had a Development Review Committee review. from staff but have
not proceeded to the Planning Commission because the project changed ownership and
the site plan is in the process of evolving into the form preferred by the new owners.
Since this is only a preliminary workshop, and in accordance with Section 20 (g), there is
no staff report. Should you have any questions, please contact either Jim Norquest or me
at 799 -4243.
. P. o11ieJ
gary, _'bytryc4 le
PROFESSIONAL ASSOCIATION
JOHN W. GARY, III
JAMES H. RYAN
DONALD R. BICKNELL, JR.
LAWRENCE W. SMITH
ALYS NAGLER DANIELS
PETER M. ARMOLD
JODY H. OLIVER
GREGORY C. PICKEN
August 4, 2000
Via Fax: 799 -4281 and U.S. Mail
Mr. James Norquest
Senior Planner
Growth Management Department
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Legacy Place Preliminary Review
Dear Jim:
RICHARD G. DYTRYCH
1925-1996
701 U.S. HIGHWAY ONE, SUITE 402
NORTH PALM BEACH, FLORIDA 33408
TELEPHONE (561 )-844 -3700
FAX (561)-844 -2388
/ City of P.B. Gardens _
r 2Gv�
�RUw1H
MANAGjMENS
DEPAR
Pursuant to our several telephone conversations and your memo to our office dated July 27, 2000,
please consider this our request to have the Legacy Place Project reviewed pursuant to Section 20(g)
of the recently adopted Land Development Regulations. We have discussed being placed on the
August 17, 2000 City Council agenda and by this letter we hereby request the preliminary review
to be heard on that date.
We anticipate that the scope of the presentation would be a general description of the site plan and
architectural character of the retail/commercial portion of Legacy Place with the objective being to
receive guidance from the Council in the following areas:
Our client is.presenting a mixed -use plan which focuses on an open -air shopping and
working environment which we have generally referred to as a "lifestyle center ".
We are looking to receive Council's direction as to the overall concept of the center.
The architectural concept of the center is being developed in a Mizneresque tradition.
We want Council's direction as to the general character of the architecture.
If time permits in the preliminary review hearing, we would like to present and have Council
respond to several other issues as follows:
The general circulation pattern of the site including the connectivity with the
residential portion of the Legacy Place PCD, the vehicular, pedestrian and view
connections to both PGA Boulevard and other site connection points. We are
1019
Mr. James Norquest
Page Two
August 4, 2000
particularly interested in receiving comments regarding the plan's responsiveness to
the recently developed City Center Linkages Plan.
• The mix of uses presented.
Thank you for the opportunity to participate in this preliminary hearing. We anticipate meeting with
staff prior to August 17, 2000. Our client's check for the review fee of $350.00 is enclosed. Please
let us know if there is any additional information that you require as soon as possible.
Sincerely,
V DYTRYCH & RYAN, P.A.
0:1�—
Lawrence W. Smith, Esq.
LWS /edc
cc: Mr. Terry King
Mr. Michael Chivini
Mr. Hank Skokowski
Mr. Ed Kresinski
Ms. Paula Luptak
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