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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 � palm Beads GddM,, 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. • 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 • • 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. • !�1 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 I 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 uo- 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, 10 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. 13 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. 14 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 is 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 I m-9 P.- ao zO - S< M Z W m W2r < WC Q J a x¢ UYYO tL rw0Qm¢m �m > d0 ==WW Q =: r zrx WWl--- N o►}- O o ro -zu•- a .r-M Z =F avlvwi0 a Q v0 ■ v () N =z W I p N ::D Cr JoQ LL LLJ co ° rwz�z oww l' siz N �--• wzx►•J3< rm•-� z Os< V ox a r Y °° �- w oc°>mMMOM zoo ir Jao U a UJ n O Z a o w a O WK w w w o o z L 1 Q acoQ aw¢ c' V)rW zF W LL" -cc O� WWO > W<0 1 O C;NUO Nr dM V7 Q M ��d Zw�WW WQlL S W W LL WOW SO NCO O •y -.LL ..a �.^ C^ o- �cxc�w ao z r v J v J J UPS O¢¢ y� y OZ z .• zmOxmr N_Uo 2 :GU W V) O m Z -C W 2WVf W0 U -V) 0 ZVl> rx WWO -~r F- O <0 ZI7xW N Vl O �w-'0 -C xzLL �IWiri O OOrtiZ -co ZW L �cwzo- 2 Q =Win m_o 0 o_rr z<n 43� v t rZ KZUlO -cc= JQ <QUlninm QOz O S V7r077 0 ,= r 00 rZW►• N ONS <O W. 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LLO S 0 V L Q W O2 JU 22 U O W CIO 1 Ur O ZrW -C r� N V) } WWI-- Wz rW-QW 21N W W Y rZ O U r (r 2 Z zw<w Z Z Q0 LL W O 0 QO WO ZLL<W _ LL r /- U 10 WOW Z N U F 2 0 0 S m< _ Q N U m r W i _i Q N � r w Q Q z Z F- o�;, z QM l — LI Q W,; V) M N • QN4. •Zal< QCD O>~QLLQN W WW< _ OQrQ vw-c aD WpN000 zrrJ O =WCi�Z0 -+CQZ Z O J I P 0 •ON C O•+ >ZP•+Q 0= C3 • W CDrP mS JJQWW - r<==c Jd2 oarcc WOO W Z0Pr 0 JQW >r• W <== co C .JO• -CrW Od'W P QCD. 2 J UvQ— co U zrKUr, ]c LLJVIQm Z<m • •-+Y •+rLL • UQ�-2W • Q LL CD-• QID►+ CDz rC004 CDmz W- QWQ NsNF S ='m NOS OILJ V)z U)OSOfrLL 0••N I N-2 Q M U U C7xm a 2•-� UrPN_ f.D •-�r LLO^ LL OS V) xV) r--r Q >` WOP '• ln2QW2 U)C •O •UW UW xUmmo Zr OZMWOPON••� VIWr 1 C N <0 .4 cm rW OCO• -•2 = . >ZN •> LLOhY OWNW rW 7V)rZO2 OJ Qroz l-Q 0x0 LU � F-1- m Om>- O t U <OODZm7 LL <U)=LL.—W AO JQJ r Y O J NO WW WUW O UWO OP W xJ V)x CC SZQO U WUS U LL WR m C •V)UJC -j .1 rvw 0 =2= x r <ZW Or l-U 02 H cu: QQ NQJ WV)V) J•+O C7< r - 7_ WJI-. ,Vl$a 4n A 9;V co O Pta: N mi LU V Q a m LU IMM Z W (0) J a z 0 (D ui M �z F— 0 ::D rr OQ < N C, mot- _ U ol: �? Q O C/) m U- Z J ~ OQM �0-O LL- U z U F— ~ Q U U w HI � o0 � C/)� zQJ -wQ W M CL I— �t Q �w CJ) Z rr N U- 0 N w w T U) 0 0 N tai z ONWM 3-40,9Z.1% aL 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 Jv` �C- C/ ti 8 ?oy ��DD 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 g :short range: MISC0002.ord 2nd reading jh COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: _ BY: CITY ATTORNEY AYE NAY ABSENT H3 10' �I 10' PRIVACY W 0 N r ILI I ■ ir Q U= rC HANDICAP ACCESS TO PATIO z �D OD IS FROM THE INTERIOR LOWER LEVEL OF BUILDING. r 20' � � E NEW 2- STORY Ml RESTAURANT m FIRST LEVEL RESTAURANT 3 w 3 213 SEATS 11,850 S.F. I c M Q SECOND LEVEL RESTAURANT N N w n. 0 130 SEATS 6,320 S.F. w Z V F= p a -PATIO SEATING a 00 Y 52 SEATS 2,890 S.F. m c0� ■ FIRST FLR. SLAB 100' -0" REF '9.00' ' N.G.V.D. 6•, Y4 le- .�jt ......... ... M7 pmt 2J' �RMM .. . .... ..... .. :; Flig 5Q, 7ilm ORA thi,44 tv OFF',- 'AA L'�I XN t 3) ji . . . . . . . . . . . . blon is designed for the smaller porch,'sundeck, ilcony or patio. The features of elegant design, light ?ight, comfort, sturdiness and the stackability of 12 3W this chair ideal for Cafes, Bistros, and other )ntract applications. ... A Small Cable "Hibiscus Color - White" ri_13 y(O 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. f WA x z Z� 130 TI, ISV3'GAIS VE)d T" I LU > z L - -Z 2 1 Im- Z., 05 Z 3. z ICY T LLU, DIU Z ZW 0 0 . I - w z 6) 0 R ( ft Lj w til U, W z 0 El Z�w zo m 9 co z 0 w w 0 z 9 url LU XO ,P OL, 6m z OL ui z Z� 130 TI, ISV3'GAIS VE)d T" I LU > z L - -Z 2 1 Im- Z., 05 Z 3. z ICY T LLU, DIU Z ZW 0 0 . I - w z 6) 0 R ( ft Lj w til U, W z 0 El Z�w zo m 9 co z 0 w w 0 z 9 r a O t� V' u u� b lv\ v ^ o t / 0 v �C R 4 E ow 0 u / CO EN w %D y �RCE m WW Q RI W Otow c w0 W E E �NEW�W p W vwwr z a H.. ♦- ... a W O W W a EE, M 0 0 P4 acs m g:aFq F4 O w a to tOA W O V7 ~ N Ln py J22u222///' v "a .. w0HH a ccn qqW i aw Y oWWztzzA z o M fxz ,N / 4/ .OixSrW,WWO c�1 m ,2tW � Nei .vca D+EECfa o i o� ui (t(aoa�� W(W� 7. •rt. E L41 W F W 00 3k�Hlyw p W O pa O (4 C G�Q�ZI tea+ 1 QQ j RLOOO(a N P � Na N j v w� C° co x m w a. cn z • N Z Q wt Z O m w 0 �a.1 ♦ a�.:i 1 a� • a m o $ a oaog I E3�< 0 M a 9 �3 E• a 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" ET i !! A �i I 0 �D o = C H C) o0 o D m 3 li t � t^ ! i . 1 OAV N i N� i m r j ' m . Z �- 1 ! � 0 r i m r v � m R'b i h i r "B't i4 I 'j t t�it I-.-. "i ii •; i 11 op i N. i i 3 i' '. If �•T T T t P'T'T' }•F•}.7'T': I t � l t l t I. t t j - '. _r N i N� i m r j ' m . Z �- 1 ! � 0 r i m r v � m R'b i h i r "B't i4 I 'j t t�it I-.-. "i ii •; i 11 op i N. i i 3 i' '. If �•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 g: \docs \Iws\.3483.1\norquest Itr 09 U J _ ao WV I- v O LL Cl) o H4-- Z 4-' w3 cr W O °C U V � � a � aoi � N � N O Q C J 0 � � � U U c 6 N E m m o M 3 C p � U aroi a� 41 Q 4' ro-�ao �� c-6 Ic o E a. 46 E _ 0 a� 0 dj N N .� 0 V -o , U C4-J 0 0 o s a Z Q c3 a H U c a. no WV �U oil.) L� Q O Z4, W3 o °C U U 6) a U m m C *' E N ''0 0 Q = E 0 0 0 V U c °CEa C c C 0 ' .Q a�oi c o o V L 4.a .c U � � L .r E CL o 0 c o C 4 E E — y U m T) �c ao WV � O� cn LL Cl) O H4' Z +' LLB 7 G � O CC Q U m *' E v m C N O � Q C E°°' E E _ U Q a� E a 3 s 3 U L ro v o co •L � E _ N 46 N N � a z ' ° ° °z Q U co aU H