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HomeMy WebLinkAboutAgenda Council Agenda 072000City of Palm Beach Gardens Council Agenda July 20, Z000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello All those wishing to address the City Council need to complete the necessary form (supply located in back of' Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 20, 2000 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Donation to Palm Beach Gardens Youth Athletic Fund V. CITY MANAGER REPORT: a. Construction Update b. Engineering Update VL 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 June 15, 2000 Regular City Council Meeting. b. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office C. Resolution 59, 2000 - Consideration of authorizing execution of an application for funding through the COPS MORE Grant program. VIIL PUBLIC HEARINGS: a. Ordinance 17, 2000 — Land Development Regulations. Consideration of 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: revealing 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 for severability; providing for codification; providing for conflicts; and providing for an effective date. (Consideration on second reading) LT. RESOLUTIONS: a. Resolution 42, 2000 — Consideration of approving a site plan of development for a sales center and gatehouse within the Golf Digest (Mirasol) PCD 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 3 1 parking spaces over the minimum provided by Code. b. Resolution 46, 2000 — Consideration of authorizing execution of a second amendment to the Interlocal Agreement dated September 2, 1997, creating the Northlake Boulevard Corridor Task Force. C. Resolution 50, 2000 - Parcel 27.1 OB Regional Center -Grand Bank Center. Consideration of approving a Master Site Plan of Development for an office development with a total of 46,000 square feet and consisting of a bank, medical and professional office and for nine waivers and one amendment to allow the use of specialty pavers, reduction in size of two loading spaces, 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. d. Resolution 52, 2000 — Consideration of authorizing execution of an easement in favor of Florida Power and Light to construct underground facilities within the PGA Boulevard landscape buffer. 0. Resolution 53, 2000 — Consideration of adopting a Uniform Right -of -Way Permit Application and Standards for Utility Installations in Public Rights - of -Way and Easements. f. Resolution 55, 2000 — Consideration of authorizing execution of an Interim Right -of -Way Use Agreement with FPL Fibernet LLC. g. Resolution 56, 2000 — Consideration of 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. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 24, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code, 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 -1 75; 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 Services 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. (Consideration on first reading) XI. ITEMS FOR COUNCIL ACTION: a. Burns Road Council Liaison -- Consideration of appointing a Council member to serve as a liaison to staff for the Burns Road construction proj ect. XII. ITEMS FOR DISCUSSION: a . Millage Rate -- Consideration of authorizing the filing of a tentative operating millage rate with the County. XIIL 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 5 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 is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 15, 2000 The June 15, 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, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. Vice Mayor Eric Jablin was absent from the meeting. CITY MANAGER REPORT: Construction Update - Building Official Jack Hansen provided an update on the progress achieved to date on various remaining construction items, as well as anticipated installation and completion dates. Growth Management Report - Growth Management Director Roxanne Manning reported on the proposed drainage review process, and made a recommendation to hire Glenn Miller as the engineer to initiate the process. The scope of the work proposed was for drainage units 2 and 19, and Ms. Manning was directed to report the cost as soon as it was known. Ms. Manning reported work had been initiated on a followup forum for planning in Northern Palm Beach County with focus on transportation. Councilwoman Furtado announced tentative forum dates of September 22 and 23, and reported that neighboring municipalities were enthusiastic. Mayor Russo requested an update on the City's traffic improvement activities at the next City Council meeting, so that this information could be presented to the County Commission, and requested the results of the 2010 model run before the County Commission meeting on July 12. Canal Maintenance - Public Works Director Bob Patty reviewed work to date and reported work that had been started in each area would be completed before moving on, to save money and to lessen disruption time to the residents. The dragline would be working on the Earman River Canal from Lighthouse Drive to Cypress June 19 to August 4, and final grade from Begonia to Cypress from June 19 to August 1. Final grade on the rest of the Earman was scheduled from August 2 1 and September 29, which would complete the Earman River work. The Thompson River canal from the bridge to the end of the apartments would be complete by July 14. The linear section just above the apartments up to Buckeye was scheduled for completion July 25 to August 3 1. The Thompson Canal work from the bridge north on Dogwood would be done July 1 to September 30. Thompson Canal from Holly Drive Bridge to Lighthouse Drive bridge section was scheduled for the first quarter of the next fiscal year. Work on the remainder of the Thompson River canal was proposed for the second and third budget years of the project. Holly Drive Drainage Project - Engineer Dan Clark reported work was expected to begin the first part of August. The work had been divided into two portions. St. Ignatius Church was still working to define their needs. Work was anticipated to be completed 90 days after materials were received. Councilman Sabatello suggested that St. Ignatius build to the maximum; however cost was a factor. CITY COUNCIL REGULAR MEETING, 6/15/2000 2 PGA Flyover - Finance Director Kent Olson reviewed dates that money would be needed for various proposed amenities, and explained that a total of $4.2 million would be needed from the City. Possible grants totaling $2 million were reported. Funding would come from a special assessment area of businesses that would benefit from the flyover, and from a special district. Concern was expressed regarding making such a large commitment, and because the surrounding property owners and developers felt this would place an unfair burden upon them. Discussion ensued. It was the consensus of the City Council to bring this item back in two weeks for a decision regarding which portions of the plan should be deleted. PGA National Golf Club North Drainage - City Engineer Lennart Lindahl reviewed resident Richard Or -man's comments from the last City Council meeting regarding canal maintenance, concern over the draw down in the upper reaches of the Thompson River located upstream from the second control structure, the need to paint the bridges, and street flooding. Mr. Lindahl explained that Mr. Orman planned to meet with other residents regarding the possibility of a special assessment for funding a canal maintenance and resectioning program, that the City would look into re- activating the back pump at the upper control structure during drought periods, that the bridges had been added to the schedule for painting, and that a control structure which had been adjusted by Northern Palm Beach Improvement District as well as the maintenance and resectioning program would help prevent the street flooding. COMMENTS FROM THE PUBLIC: Teresa Bovda, 4105 Tanglewood South 4567, reported recent fires in the apartment complex, and her actions regarding health and safety issues in her apartment, and lack of response from the apartment complex management Fire Chief Pete Bergel reported inspection of buildings in the complex was currently being conducted by the Fire Department to address these issues, and that a report would be provided to the City Manager the next day with recommendations for solution. The City Manager reported that aggressive action within legal parameters would be taken to correct the deficiencies. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the May 18, 2000 Regular City Council Meeting. 2. Consideration of approving The Oaks Center Plat. 3. Consideration of awarding the bid for Economic Development Administration Grant Projects 1. Alamanda Drive Canal Erosion Control 2. Sandalwood Estates Canal Erosion Control PUBLIC HEARINGS: Ordinance 14, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 14, 1999 - Admiralty II PUD - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of the Application of Palm Beach Hotel and Office Building Limited Partnership for an Amendment of a Previously Approved Planned Unit Development Located at the Southwest Corner of PGA Boulevard and Interstate Highway 95, more particularly described herein, by Approving an Increase in Square Footage in the Phase 2 Office Building from 82,265 to 82,389 and a reduction in CITY COUNCIL REGULAR MEETING, 6/15/2000 3 Height from Ten Stories to Five Stories, and Allowing the Permitted Phase 2 Parking Structure to have an Optional Third Floor; Providing for Waivers; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date - duly advertised and continued from 5/18/2000, for consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the petition and revisions by the applicant; presented a letter from Tanglewood that stated they would not oppose a one -way connection to the property, and presented a revised condition of approval. Al Malefatto, agent for the petitioner, introduced others present on behalf of the petitioner, and stated petitioner agreed with the revised conditions of approval. Attorney John Gary, representative for the owners of the adjacent Tanglewood property, requested that one -way vehicular traffic be limited to cars and vans, and agreed that the limitation be effective with the proposed redevelopment of Tanglewood. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Furtado made a motion to approve Ordinance 14, 2000 as amended, upon Second Reading by title only. Motion was seconded by Councilman Sabatello and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 147 2000 on Second Reading by title only. John Gary stated that he had requested an amendment to the revised condition of the Ordinance to say that the one -way traffic was limited to automobiles and vans and would become operative with the redevelopment of the Tanglewood project Ms. Manning stated staff felt strongly that this amendment needed to be considered when application was made for the apartment project, with which the City Council also agreed. Petitioner Al Malefatto indicated no opposition to the amendment limiting one -way traffic to automobiles and vans, to be effective with the redevelopment of the Tanglewood project. Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 1999 - 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 "City Centre ", located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997 to revise the approved Master Plan for Parcel F; to reduce the building Height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate the right turn only exit onto Ellison Wilson Road; to add two drive - through lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to revise the approved Master Phasing Plan; to revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plans; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, duly advertised; continued from 5/4/00; for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the request, noted changes since first reading, and explained that three signs of the four requested would require waivers. Ed Oliver, agent for the petitioner, introduced others present on behalf of the petitioner, presented the petition, and requested the changes made since first reading and waivers. Following discussion of requested signage waivers; a compromise was reached to allow two building identification signs and one tenant sign on the northeast side. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado made a motion to place Ordinance 11 , 1999 on Second Reading by Title Only and adoption with the Ordinance CITY COUNCIL REGULAR MEETING, 6/15/2000 4 amended in Section 3 to reflect the signage compromise and waiver 2 amended to reflect one tenant sign at the northeast entrance. Councilman Sabatello seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 11, 1999 on Second Reading by Title Only. Resolution 47. 2000 - Mayor Russo declared the public hearing open, held on the intent of Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance - Consideration of a request for a variance from ground sign setback and frontage requirements, duly advertised. Councilman Clark moved to continue Resolution 47, 2000 to the June 29, 2000 City Council meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 3 -0 vote. RESOLUTIONS: Resolution 49, 2000 - Staff presented Resolution 49, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Authorizing the Acquisition of right -of -way along Burns Road and the filing of Eminent Domain proceedings; and providing for an effective date. Councilman Clark made a motion to approve Resolution 49, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 17, 2000 - Principal Planner Steve Cramer presented 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 for severability; providing for codification; providing for conflicts; and providing for an effecting date, for consideration of First Reading. Consultant Marty Hodgkins reviewed proposed major changes to the code, which included allowing a currency application to be submitted with a development application but no formal processing of the application until the concurrency had been approved. Other proposed items highlighted were that sign plans could be submitted separately as part of a miscellaneous review process; establishment of guidelines and criteria for judging waivers; uses not listed in the code would be provided in writing to the City Council; limiting the number of clients per day to home businesses; allowing single entity retail uses in certain circumstances within the PGA corridor; providing for reduction in size for certain types parking spaces; and that if a development wished to provide additional parking they must also provide additional open space. Following discussion regarding the mixed use overlay district, staff volunteered to provide a report on this issue before second reading. Establishment of enhanced land values for environmentally sensitive land mitigation was requested. Councilman Clark made a motion to place Resolution 17, 2000 on First Reading by Title Only. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 17, 2000 on First Reading by Title Only. ITEMS FOR COUNCIL ACTION: Consideration of extending Health Insurance Contract with Blue Cross - Councilman Clark made CITY COUNCIL REGULAR MEETING, 6/15/2000 5 a motion to approve extending the contract with Blue Cross through September 30, 2001. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Consideration of amending the Contract with Duncan & Associates to Add Road Impact Fee Study - Councilwoman Furtado made a motion to approve staff recommendation to amend the contract with Duncan & Associates to add Road Impact Fee Study. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. Consideration of Mpproving the replacement of existing transfer switch without bypass to an Automatic Transfer Switch with Manual Bypass by Fisk Electric - Ernie Carr presented the request. Councilman Clark made a motion to approve the staff recommendation to approve the replacement of existing transfer switch without bypass to an automatic transfer switch with manual bypass by Fisk Electric. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR DISCUSSION: Councilwoman Furtado - Councilwoman Furtado announced that she would be sharing with staff paperwork from the MPO meeting. Councilman Clark - Councilman Clark requested and received consensus of approval from the City Council for the Beautification and Environmental Committee to review public projects not reviewed by the Planning and Zoning Commission, such as medians, etc. Councilman Clark commented that a reporter had questioned the practice of the sign -in book at the City municipal complex. Discussion ensued during which staff reported the practice was legal, and City Council consensus was that they did not require a report from staff regarding this matter. Councilman Sabatello - Councilman Sabatello commented he would like to see maintenance to medians and right -of -ways rather than putting all available funds into the flyover, and noted that the flyover could be very nice without all of the beautification items on the plan. Mayor Russo - Mayor Russo reported he had attended the annual Chamber of Commerce function for all the municipalities, and had learned that other cities were not doing as much as this City. The Mayor thanked the City Manager and staff for all their work and assured them that the residents appreciated their efforts. Mayor Russo reported he had met with Commissioner Marcus regarding the Hood Road issue and that the Sanctuary residents would be kept involved in the system. A meeting had been held regarding the school sites, on which staff reported work was still in progress and that a report on the school sites and concurrency would be provided at the same time. CITY ATTORNEY REPORT: The City Attorney reported that the Vavrus case was proceeding to trial in July. ADDITIONAL COMMENT FROM THE PUBLIC: John Gary commented that developers were giving on many fronts, including road impact fees, and objected to an Ordinance proposed to be presented August 17 regarding the PGA flyover in which the developers would be taxed again. Mayor Russo expressed agreement, and assured Mr. Gary that direction on this issue would be considered at the next meeting. Councilwoman Furtado commented that she would look into the possibility that the State could help fund improvements to a local road that helped a State road, which could apply to Burns Road. Mr. Gary expressed his appreciation for help received from staff. CITY COUNCIL REGULAR MEETING, 6/1 5/2000 0 ADJOURNMENT There being no further business to discuss, upon motion by Councilwoman Furtado, seconded by Councilman Clark, carried 4- 0, the meeting was adjourned at 10:05 p.m. MA . MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK SEYMOUR A. FINE, BUILDER 3902 BURNS ROAD PALM BEACH GARDENS, FL 33410 Mr. Nabar Martinez, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 The lease on your apartment at 4279 Lilac Street,Palm Beach Gardens, FL for the Police Department T.I.P. /Field Office will expire on July 31, 2000. We hope that you will want to continue occupancy of your apartment. We request that you sign both copies of the lease renewal below and return both copies to us. Should we receive the enclosures within fifteen (15) days prior to the date of renewal, we will execute them and return your copy to you. RENEWAL OF APARTMENT LEASE Thank you. THIS RENEWAL AGREEMENT dated August 1, 2000 is a rider to and forms a part of the original lease ( "The Lease ") dated August 1, 1998 between SEYMOUR A. FINE, BUILDER, as LESSOR and CITY OF PALM BEACH GARDENS, FL as LESSEE for the apartment located at 4279 Lilac Street, Palm Beach Gardens, FL The Lease is hereby extended for an additional term of 12 months commencing August 1, 2000 and ending July 31, 2001, and the TOTAL RENTAL during this period shall be: NINE THOUSAND ONE HUNDRED TWENTY AND NO /100 • . • • . ($9.120.00) DOLLARS payable in installments of.$760.00 per month. ALL OTHER Covenants and Conditions of the Lease shall remain in effect, and no Covenants and Conditions of the Lease shall be deemed waived by the LESSOR by any action or non - action in the past by LESOR. SEYMOUR A. FINE, BUILDER By: (SEAL) Lessor or Lessor's Agent CITY OF PALM BEACH GARDENS, FL _�.i�.. NZ L� _ / 0 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 7/20/00 Date Prepared: 6/29/00 Grant for Personnel -- COPS MORE Subject/Agenda Item: Staff recommends that this grant be approved and funded. Recommendation/Motion: Reviewedby: Originating Dept.: Police Costs: $ 32.521 CouncilAction: Total City Att orney [ ] Approved Finance S-0 [ )Approve dw/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: other Date: [ X ] General Fund Paper: [ x] Not Required [ ] Other Grant Proposal rnitted b ; Drrecto ee ffected parties [ ] Notified Budget Acct. #: 01- 1030 - 521.1210 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: We are proposing a 75% / 25% Match Grant that would allow us to hire four civilian police aides through a COPS More Grant. This grant is designed to redeploy police officers in the community so they can enhance their Community Oriented Policing efforts. The grant, if awarded, is good for one year and would cover 75% of the four civilians' salaries. The City would have to contribute 25 %, which equals $32,521. This grant is only available for one year, but if offered the following year, we can reapply and continue our redeploying efforts. DISCUSSION: If this grant is approved and awarded, two of the police aides will be assigned to the police lobby to handle walk -in complaints, fingerprint residents and business owners, provide security to our municipal parking lot and building, and to patrol Tanglewood Apartments and the Admiralty Building to help reduce potential criminal acts. The other two police aides will be assigned to Road Patrol to handle minor accidents, which will allow traffic officers to concentrate on traffic enforcement in areas where speeding and accidents occur. The police aides will also assist with minor complaints, which will allow officers to focus more on community concerns. All of the police aides will also help cover school crossing posts. Currently, we average 70 hours a week that an officer must cover because of crossing guards being on vacation or sick leave, and unfilled vacancies. These police aides will reduce those hours to 20 or 30. This grant will only cover the police aides' salaries for one year unless the Department of Justice extends the grant or allows recipients to re -apply for additional years. If they do, we will submit the required documents. If they do not, the Department of Justice requires that we retain these positions for at least one locally set budget cycle at the conclusion of the grant period. This retention would cost the City approximately $130,084 during the 2001/2002 budget. RECOMMENDATION: Staff recommends that this grant be approved and funded. The Police Department is currently requesting one new police aide in the 2000/2001 budget. This position's salary is $32,521 including benefits and can be substituted for the City's 25% match. The City's potential retention cost during FY 2001/2002 would be an additional $97,563 if the grant is not extended beyond the first year. RA/bw -2- RESOLUTION 59, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO EXECUTE AN APPLICATION FOR FUNDING THROUGH THE COPS MORE GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to further bolster its community oriented policing efforts, the City Police Department is applying for funding through the COPS MORE grant program for four civilian positions, thereby allowing the department to redeploy four sworn officers; and WHEREAS, the City Council finds that an increase in community policing is the best interests of the public health, safety and welfare. 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 City Manager and Police Chief to execute all documents necessary to secure grant funds through the federally administered COPS MORE grant program and hereby ratifies any such documents executed prior to the effective date of this Resolution. Section 2. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS DAY OF , 2000. ATTESTED BY: MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE- AYE NAY ABSENT MAYOR RUSSO - - VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK - - P: \CPWin \H 1 ST0RY \000616A \43F.27 \stm(1501.000) h Community Policing Information Worksheet This worksheet will provide the COPS Office with information about the public safety concerns of your community and your department's community policing goals and activities. For assistance in completing this worksheet, contact the U.S. Department of Justice Response Center-at 1- 800 - 421 -6770. Your Community Policing Information Worksheet is complete by signing and dating below. Both the law enforcement executive and the government executive must sign. Applicant Organization's Legal Name: City of Palm Beach Gardens ORI a: FL 0502600 We, the undersigned, attest to the accuracy of the Community Policing Information Worksheet submitted below. Law Enforcement Executive: Title: Chief of Police Government Executive: Person Completing Form: Name (typed): Department: James O. Fitzgerald Police Department c / ,)Q /nn Name (typed): Nabar Enrique Martinez Government Entity: City Of Palm Beach Gardens Date: 2 8 / 0 0 Signatur Lieutenant Title: Name (typed): R o b e r t Artola /28/00 Date: Signature: 'y 1 PART1 1, From the list that follows, please rank in descending order the following public safety concerns of your community. For example, if "weapons" are the greatest concern in your community, place the letter "f" in rank number 1. If "wildlife crimes" are the lowest concern in your community, place an "n" in rank number 16. Rank: Major Public Safety Issues: 1. L a. Violent crimes against persons 2. B b. Property crimes 3. r C. Motor vehicle thefts 4. D d. Vandalism 5. A C. Gangs G. J f. Weapons 7. H g. Prostitution 8. F h. Drug crimes 9. E _ i. Domestic violence 10. 0 j. Alcohol - related crime, including DWI 11. r k . Disorderly conduct 12. K 1. Traffic violations 13. G m. Agricultural crimes 14. P n. Wildlife crimes 15. N o. Hate crimes 16. M p. Other (specify): Code Enforcement Violations Community policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem - solving tactics and community- police partnerships. Your answers to the questions below will provide the COPS Office with basic information about your community policing efforts, and how you will use your COPS grant funds to further the implementation of community policing. You are not expected to engage in all of the activities listed. They are examples of the community policing efforts of other law enforcement agencies. If you have a written document that serves as your community policing plan, please attach it to this form. 2 Overall Approach Z Please indicate which of the following are part of your overall approach to community policing, and which you plan to implement under your COPS grant: a)Crime Prevention Efforts Have Plan to Implemen ted Implement ❑ ice' a. Youth programs (e.g., in- school, after school, weekend police /youth programs) ❑ b. Anti -drug programs ❑ c. Regular meetings with community groups to discuss crime ❑ L� ❑ [� bl Problom- Solving Activities Have Plan to Implemented Implement ❑ L7 ❑ L7 GO,**' O ❑ 1!f ❑ ❑ 01 ❑ ❑ d. Anti- violence programs e. Other (specify):Victiml Assressors and by- stander a. Identifying crime problems with members of the community and other government agencies (e.g., prosecutor and courts, social services, probation office) b. Identifying crime problems by looking at crime trends (e.g., keeping records of crimes and the types of requests for help) c. Identifying top problems by analyzing repeat calls for service d. Preventing crime by focusing on conditions that lead to crime (e.g., abandoned buildings and cars, referrals to other civil agencies) e. Building on information systems to enhance crime analysis capabilities f. Other (specify): 3 4 c) Community Partnerships Have Plan to lmplemen ted lmplemen t T"', ❑ OR 0 Fiii a a. Regularly surveying community members to assist in identifying and prioritizing crime problems b. Locating office or stations within neighbor- hoods c. Providing community policing training to citizens ❑ d. Meeting with community members to learn more about the nature of specific problems LrJ e. Involving community members in selecting responses to problems and determining mea- sures of success a IR/ f. Other (specify): Business surveys d) Infrastructure and Management Changes Have Plan to Implemented lmplemen t 1Lli 0 a. Have written strategic plan for community policing ❑ b. Department currently designates special unit (or a special officer) for community policing activities Lid 0 c. Department promotes an agencywide approach to community policing If your department has implemented or plans to implement an agencywide approach to community policing, please indicate the approximate percentage of time that patrol officers in your department dedicate (or will dedicate) to community policing: ❑ Less than 10 percent ❑ 10 -20 percent More than 20 percent C�3 0 d. Personnel are given responsibility for geo- graphical areas Have Plan to Implemented implement C l e. Call management systems are in place to free officer time for community policing (e.g.. telephone reporting, alternative responses) ❑ f. Personnel evaluations reward participation in collaborative problem - solving efforts ❑ L�' g. Decision - making authority has been decen- tralized ❑ h. Management positions have been eliminated Ell' ❑ i. Community policing concepts have been integrated into agency's mission statement LN ❑ J. Community policing concepts have been inte- grated into departmental policies and procedures ❑ k. Detectives have been integrated into community policing efforts ❑ 1. Department staff routinely collaborate with other municipal agencies to address problems Communities 3. Please indicate which of the following groups you have consulted to address crime and disorder problems in your community: Consulted Plan to Consult ❑ S a. Other government agencies (e.g. probation 61 office, sanitation) ❑ —/ Q' b. Civic groups lJ ❑ c. Neighborhood associations ❑ d. Tenants' associations !� ❑ e. Organizations of your employees, including collective bargaining groups ❑ lJ f. Business groups 61 Consul ted Plan to Consult ❑ r� ❑ a g. Religious groups h. Schools i. Other (specify): _ Citizens Q Please indicate which of the following partnership activities are currently per- formed by.citizens in your jurisdiction or are planned under your COPS grant: Currently Planned Under Perform Grant l�J ❑ a. Neighborhood Watch ❑ L2f b. Citizen volunteer programs ❑ c. Citizen advisory groups to your law enforcement agency ❑ d. Citizen patrols within your community ❑ e. Participate in anti -drug or anti - violence programs ❑ L1S £ Other activities (specify): Violence Program Officers 5. Please indicate which of the following activities are currently performed by patrol officers or are planned under your COPS grant: a) Crime Prevention Aetkitiml Currently Planned Under Perform Grant LM ❑ a. Foot patrol, bike patrol or mounted patrol 09 El b. Making door -to -door contact with citizens and businesses Currently Planned Under Perform Grant ❑ V V 0 ❑ IN c. Meeting with community leaders and groups to learn more about crime problems and jointly develop crime prevention plans d. Using business cards, cellular phones or beepers to maintain contact with, and be contacted by, citizens regarding public safety concerns e. Working in schools or other public agencies to teach crime prevention ❑ ❑ f. Other (specify): bl Problom- Solving ACUVRIBS Currently Planned Under Perform Grant LAS ❑ ❑ Ud LM ❑ ❑ V a. Working with citizens to identify and address community crime problems b. Using computer systems to collect and analyze information, particularly repeat calls for service c. Coordinating specific problem - solving projects to address problems on their beats d. Working with other public agencies to solve disorder problems (e.g. trash collection. public works agencies to solve lighting problems) ❑ IR/ e. Mapping crime problems ❑ ❑ f. Other (specify): el Training 1) Departmentwide community policing traming LY Have implemented ❑ Plan to implement ❑ Do not plan to implement 7 2) Where do recruits /officers receive basic training? (Check all that apply.) consultant 3) How many hours of recruit training dedicated solely to community policing concepts do recruits receive? hours 4) Have community policing concepts been integrated into general training received by agency personnel (e.g., training on law, departmental regulations, conducting investigations)? M Yes ❑ Plan to implement ❑ Do not plan to implement 5) Where do in- service officers receive community policing training? ' ■ 1 ■ State academy Regionai academy Local academy Community college Private contract/outside NO in- service training Other (specify): consultant 6) How many hours of in- service training dedicated solely to community policing concepts do officers receive? hours State academy Regional academy Local academy L1� Community college ❑ Private contract/outside ❑ No recruit training ❑ Other (specify): consultant 3) How many hours of recruit training dedicated solely to community policing concepts do recruits receive? hours 4) Have community policing concepts been integrated into general training received by agency personnel (e.g., training on law, departmental regulations, conducting investigations)? M Yes ❑ Plan to implement ❑ Do not plan to implement 5) Where do in- service officers receive community policing training? ' ■ 1 ■ State academy Regionai academy Local academy Community college Private contract/outside NO in- service training Other (specify): consultant 6) How many hours of in- service training dedicated solely to community policing concepts do officers receive? hours I 7) We would like to know what kind of training your department routinely provides that is pertinent to community policing. Please indicate the community policing training that your department provided in the past fiscal year. Please indicate by checking the appropriate box. The abbrmiation "CP" stands for community policing. 61 v V V O 5 � � H O V � •� . ri •� q U z o a. Concepts and general principles of CP sa", O 0 ❑ b. Problem - solving methods (SARA, etc.) 91, 0" O 0 O O c. Causes and consequences of specific O O O Cl 0 problems (e.g., drugs, spousal abuse) d. CP approaches to specific problems O O 0 0 0 e. Organizing /working with public groups V O O 0 O 0 f Cultural diversity O 0 0 g. Victim assistance O O 0 O O h. Working with juveniles K/ M/ 0 0 0 i. Using code /civil enforcement M( O O 0 0 0 J. Alternative dispute resolution O O 0 0 0 k. Supervising problem solvers O U/ O 9/ 0 0 1. Other (specify): O O O 0 0 O m. Other:, O O O 0 0 O n. Other: O O O 0 0 0 61 Retention 6. Indicate how you plan to retain the new officers following the end of Federal grant support. Have you planned to assume a progressively larger share of an officer's salary and fringe benefits each year over the next three years, leading to full-time retention of the officer at the conclusion of the grant? Yes ❑ No Do you have assurance from your local government that these officers will be retained? Cl Yes &� No If "yes," attach any written letters or other assurances to this application. If "no," explain how you intend to retain the officers. 10 AtCh typewrittea expwnatfons or SUPPWnrental descriptions if necessa Complete Part 2 only if: . You are applying for a COPS hiring grant and your jurisdiction's population is 50,000 or more; or You are applying for an innovative community policing grant with funding of $1 million or more; or . You do not have an established law enforcement agency and wish to establish one; or . You represent a special law enforcement agency, such as transit, housing, university, school or natural resource police. PART 2 1. List any fiscal, budgetary or other limitations on your department's ability to address the public safety needs listed in Question 1, Part 1, of the Community Policing Information Worksheet, without Federal assistance: Fiscal limitations: Budgetary limitations: Other limitations: Z. How does your community policing plan fit with other statewide and local crime prevention and control plans, including statewide Byrne Grant strategies? Coordinated Partially Fully Coordina ted ❑ ❑ a. Statewide Byrne Grant strategy ❑ 0 b. Other statewide' strategies ❑ ❑ c. Local crime prevention plans ❑ ❑ d. Local crime control plans 1 1 i. Briefly list other governmental or community initiatives that complement or will be coordinated with your plans under this grant: 4. Indicate current and anticipated ongoing community support for your community policing efforts, such as financial support or in -kind contributions: Current Anticipated ❑ ❑ a. Programmatic support from the community ❑ b. Financial support from the community ❑ ❑ c. Other community support: ❑ ❑ d. Sought or obtained private financial support 5. Indicate the impact that receiving the requested resources or increasing the number of officers will have on other criminal justice agencies in your jurisdiction If you anticipate any major impact on any of these agencies, please briefly describe that impact below. Please return to: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) 1100 Vermont Avenue, NW Washington, DC 20530 12 Minimal Major No Impact Impact impact ❑ ❑ ❑ a. Prosecutor's office ❑ ❑ ❑ b. Public defender's office ❑ ❑ 0 c. Local/state correctional agencies ❑ ❑ ❑ d. Other public criminal justice agencies ❑ ❑ ❑ e. Other private criminal justice agencies If you anticipate any major impact on any of these agencies, please briefly describe that impact below. Please return to: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) 1100 Vermont Avenue, NW Washington, DC 20530 12 Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to eight hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden of information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, NW, Washington, DC, 20530: and to the Public Use Reporting Project, Office of Management and Budget, Washington, DC, 20503. You are not required to respond to this collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1103 -27, expiration May 200 1. Guidance regarding financial and administrative aspects of the grant process may also be obtained by consulting the Office of Justice Programs' Financial and Administrative Guide for Grants, which is available at no cost from the U.S. Department of Justice Response Center (1- 800 -42 1- 6770). 13 `Section I Background Information Please answer all of the following questions completely. If all the questions are not answered, the application will be considered incomplete and may not be reviewed or funded. All requested information must be typed. Primary Applicant Information 1 Applicant Organization Legal Name of Palm Beach Gardens O -Digit EIN Number A pI cant agency's 9-00EIN.lf y0gfag0nCyhas beenassignedanElNby the0faceof d1156ceprogram, 59- 6045863 pease use that number. Otherwise, your Infernal Revenue service EIN should be used. Federal Congressional District (Number) Applicant Agency ORI Number (See page 11 for definition) 16 FL 0502600 Are you contracting for law enforcement services? If 'Yes" enter the name of the agency information Yes ID NO of the contract law enforcement department in the Law Enforcement Information section below Law Enforcement Information Law Enforcement Executive's Name tge James 0. Fitzgerald Chief of Police Agency Name City of Palm Beach Gardens Police Department Address 10500 N. Military Trail City State Zip Coda Palm Beach Gardens FL 33410 Telephone Fax (561) 775 -8217 Contact Information Name of contact person in your department who is familiar With the grant Tide Robert Artola Lieutenant Address 10500 N. Military Trail City state Zip Code Palm Beach Gardens FL 33410 Telephone Fax (561) 799 -4163 (561) 799 -4190 Government Information Governmental Executive's Name We Nabar Enrique Martinez City Manager Name of Government Entity City of Palm' Beach Gardens Address 10500 North Military Trail City Stale Zip Code Palm Beach Gardens FL 3 3 4 1 0 Telephone Fax (561) 7994110 (561) 7994111 0 General Information Type of Law Enforcement Agency ❑ Municipal Cl State Police ❑ Highway Patrol ❑ Transit cl School ❑ Park /Recreation ❑ Public Housing ❑ County PO ❑ Sheriff Has your jurisdiction received other COPS Grants n ❑ Y E S ❑ x If 'YES, under which programs? (Choose all that apply.) ❑ COPS Ahead ❑ COPS MORE '95 ❑ COPS FAST ❑ COPS MORE '96 ❑ COPS: PHASE I ❑ COPS MORE '98 ❑ COPS in Schools ❑ Police Corps ❑ University /College ❑ Public ❑ Indian Tribal ❑ Private ❑ Other (please specify) ❑ Regional Community Policing Institute ❑ Community Policing to Combat Domestic Violence ❑ Problem - Solving Partnerships ❑ Advancing Community Policing ❑ Universal Hiring Program ❑ Troops to COPS ❑ Tribal Resources ❑ Ant -Gang Initiative/Youth Firearms Violence Initiative Populations Served asof 1990Census Square Miles Covered (Exclude the population and square miles primarily rewed by other law enforcement agencies wilhinyour jurisdiction. For example sheriffs deparbnents must exclude populalions and areas covered by a qty police department for which the 54, u u AA ^ 1 54 sheriffs deoanmenthas no primary law enforcement authority.) Current Authorized Sworn Force Strength (Indicate k your department does Actual Sworn Force Strength as of 111100 (include Funded vacancies.) 93 not have an authorized strength 88 Are you requesting a waiver of the Local Match requirement based upon severe fiscal distress? (If yes. please see the section an waivers starling on page five of this application and attach a one or two pap typewritten description of t h e e x t r a o r d i n a r y IOCat fiscal h a r d s h i p upon which you III b a s i n g you r request f o r a waiver.) ❑ YES IN NO What is the Source of your agency's local match? Palm Beach Gardens municipal budget LawFEnfrcemept Agen6l Fiscal 9 30 00 Law Enforcement Agency's Cognizant Federal Agency (See page 10 for definition.) (0) UU Department of Justice Signatures I certify that the information provided on this form is true and accurate lo the best of my knowledge. I understand that prior lo any grant award. the applicant must comPty with All aool'ication and f+rnigram requirements ofthe Public Safely Partnership end Community Policing AU of 1994 and other requirements of Federal law. Date Submitted to State Single Point of Contact If your state participates in the Executive Order 12372 Irdergovemmerdal Review Process (Seethe Appendix),plaaseBl in the date on which you made 1 copy of ft application available lo tie Single Point an contact far rWaw.) CFDA Number I State Application Identiffier (ForstateSPOCuseonly) Intergovernmental Review Process Applicant Organization Legal Name: City of Palm Beach Gardens ORI # FL 0502600 Section II Retention Plan Please outline below Your proposed retention plan if awarded under the MORE 2000 grant program. City of Palm Beach Gardens COPS Officer Retention Plan June 2000 The City of Palm Beach Gardens is a municipality within Palm Beach County, Florida. It has a population of 34,000 and is approximately 54 square miles in area. The Palm Beach Gardens Police Department polices this jurisdiction with 93 sworn officers. Within the past year the Palm Beach Gardens Police Department utilizes community oriented policing exclusively. Large tracts of undeveloped land have recently been sold in bulk to development interests. It is anticipated that the City population will double in the coming five years. The Palm Beach Gardens Police Department has determined that it must redeploy four officers by hiring civilians to perform their administrative duties. The City seeks COPS funds to assist with its goal of increasing its sworn force to increase its community policing. The City acknowledges that COPS- funded positions must be retained over and above the previous locally- funded number of positions in the law enforcement agency for at least one locally set budget cycle beyond the conclusion of Federal funding. The City recognizes that adding significant numbers of additional police officers will require financial planning to secure and provide funding to continue the employment of the additional officers and/or civilians. The City seeks funds for four civilian positions to redeploy four officers to community oriented policing through the COPS MORE program. The City commits to retaining these four positions for at least the next year through budget requests to the City Council to increase the size of the Police Department's budget. It will also utilize cost saving efforts within the department and seek other grant funds that may become available at the state level. The Police Department will seek City Council approval of this COPS grant request in order to assure City commitment to the future salaries of these new officers. This request is scheduled for the July 20, 2000 Council meeting. l, .2= r ment xeCUtive's SignatureyfiftV i re of person named on page 19) Date Executive's Sign re ( (Agin gnaturs o pera named on page 19) Date 23 Section H • You must return this page as part of your application Part A 0 Cost Effectiveness Worksheet Please type all responses Agency /Grant Information ITEM #1 jurmawwa wal mame QRI i City of Palm Beach Gardens Pollee Department FL 0502600 Cny, stm Palm Beach Gardens FL 33410 COMM N ee CoMaet Phon Lieutenant Robert Artola (561) 799 -4163 Four Pollee Aides Cost Effectiveness Worksheet Line 1 . Entry level salary of SWORN pollee officer (as of Jan. 1, 2000) s 30,000 line 2 • Fringe benefits of SWORN pollee officer (as of Jan. 1, 2000) S 18.424 Line 3. Add fines I and 2 S 4 8 4 2 4 Line 4 • Multiply line 3 by .75 S 36,318 Line 5 . Enter figure on line 4 or $25,000, whichever is less S 25.000 Line 6 . Total cost of civilian position(s) S 130,084 (100 %) Line 7 . Federal amount requested Can be no mere than 75% of total item cost pine 61 S 97,563 ( -7''/") Line 8 • Divide line 7 by line 5 S .97 FTE Please leave no lines blank. N lines are left blank, the application will be considered incomplete and may not be reviewed. Section II -Part B Demonstration of Time Savings The City will hire four civilian police aides to perform administrative duties thus redeploying police officers to community oriented policing activities. In the course of redeployment, the officers would work within their patrol districts to investigate crimes and assist with problem solving. The time that it currently takes sworn officers per week to perform the civilian duties is as follows: 1. Lobby Aide (assist walk -in citizens with complaints, fingerprinting, courier services to the County Courthouse, building security and security patrols in a marked patrol car around the nearby high- incident neighborhood area) - 4 - officers x - 20 - hours x 49 weeks = 3920 2. Accident (arrive at vehicle accident scenes, prepare accident reports and investigate as necessary). - 9 - officers x - 3 - hours x 49 weeks = -13 2 3 3. School crossing aide (September -May assist children at school crossings) - 4 - officers x 15 hours x 36 weeks = 2160 Hours saved from 1, 2 and 3 above = -7403 7403 hours /1824 hours for a FTE = 4.05 Applicant Organization Legal Name: Cite of Palm Beach Gardens ITEM #—I ORI #- FL 0502600 Part C Community Policing Activities Summary Community Policing Activities In Part B, you demonstrated the time savings that you expect to achieve through the hiring of civilian personnel. Please indicate which of the following activities your officers will engage in as a result of this time savings. ® Looking at repeat calls for service to identify problems or hot spots. ® Working with neighborhood residents to identify and prioritize crime problems. 0 Conducting citizen surveys. ® Addressing conditions that lead to crime. ® Assessing the impact of community policing efforts on levels of crime and fear. Working with local governmentaUcommunity agencies to address crime and disorder problems. 0 Attending community meetings. 0 Bike/Foot Patrol. 0 Helping coordinate Neighborhood Watch groups. 0 Working with businesses to address crime problems. ® Training officers /citizens in community policing. ® Conducting crime prevention workshops /disseminating information on ways to prevent crime. ® Engaging in strategic planning related to implementing community policing. Briefly describe any other community policing activities your officers will engage in as a result of the time savings for this item. Please be as detailed as possible in the space provided, using the back if necessary. If more space is need- ed, please attach additional pages. The officers with responsibilities for lobby duty, traffic reports and school crossings will be redeployed to work within patrol districts to investigate crimes and assist with problem solving. The Officers will perform the following activities: - Problem Solving Projects -The offtcers will work on problem solving projects dealing with a range of issues from environmental matters to faulty traffic signs and signals. - Assist with traffic issues -The officers will assist with traffic issues and enforcement at dangerous intersections to reduce speeds and reduce accidents. - Sexual predator issues -The offtcers will complete sexual predator and offender notices and will complete the community education surrounding the issue. - PAL -The Officers will spend greater numbers of hours with PAL and Other mentoring programs. - Truancy Work -The offtcers will assist with the Truancy Intervention program to keep juveniles in school and off the streets. Section III, Part C • You must return this page as part of Your application 31 City of Palm Beach Gardens, Florida Redeployment Tracking Plan COPS MORE Quarterly # 1 - Police Aide #2- Police Aide #3- Police Aide #4- Police Aide Tracking position -Lobby position -Lobby position- Schools position- Schools COPS MORE and Schools and Schools and Accident and Accident Invest. Invest. Number of Officers saving time from addition of this civilian position Number of hours saved per officer per shift Number of shifts per officer Total time savings (hours) Total FTE's saved to date Information required by this chart will be gathered on a quarterly basis and evaluated for determination of the time savings generated by this grant. Police aides will be requested to log their time and duties to ensure a tracking process of their time. Applicant Organization Legal Name: City of Palm Beach Gardens OR[ #: FL 0502600 Section IV Cost Effectiveness Worksheet Summary When you have completed the Cost Effectiveness Worksheet(s) (CEW) for each type of civilian position that you are request- ing, transfer the total project cost, federal share, and local share from each Cost Effectiveness Worksheet, sum them and list these amounts as the COPS MORE 2000 application totals. If you are requesting a waiver, you must still complete the Local Share section. * Please make extra copies of this form if necessary. Section IV • You must return this page as part of your application 35 Project Cost Federal Share LocalShare (Line 6 of CEW) (Line 6 of CEW) Effectiveness Sheet Item # 1 $ 130,084 $97,563 (75 %) $32,521 (25 %) Effectiveness Sheet Item #2 $ $ ( %) $ ( %) Effectiveness Sheet Item #3 $ S ( %) $ ( %) Effectiveness Sheet Item #4 $ $ ( %) $ ( %) Effectiveness Sheet Item #5 $ S ( %) S ( %) MORE 2000 Application Total $ S $97,563 (75%) $ (25%) $130,084 Not to exceed 75% $32,521 Section IV • You must return this page as part of your application 35 Applicant Organization Legal Name: City of Boca Raton ITEM # ORI #: F10502600 Section V Budget Detail Worksheet A. Personnel List each position by tide and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employee engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Computation cost 4 Police Aides 100% of their time ( $20,363 x 4) $81,452 Total: $ $81,452 B. Fringe Benefits Fringe benefits should be based on known actual costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) only for the percentage of time devoted to the project. Uniforms, equipment and vehicles are unallowable costs under this grant program. Please fist FICA and Workers Compensation, if applicable. Name /Position 4 Police Aides Comnutation cost Annual Fringe Benefits *FICA/Social Security Health Insurance life Insurance Vacation Sick Leave Retirement *Worker's Comp *Unemployment Ins. Other $ 1558 x 4 $ 6003 x 4 $ 141 x4 $783x4 $940x4 $1629 x 4 $1104X4 $6232 $24,012 6564 $3132 $3'60 $6516 $4416 Total: $ $48,632 Section V • You must return this page as part of your application Applicant Organization Legal Name: 'City of Palm Beach Gardens ORt #: FL 0502600 C. Budget Summary When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested. Budget Category Amount A. Personnel S $81,452 B. Fringe Benefits $.$48,632 Total Project Costs S $130,084 Federal Request S $97,563 75 %) Non - Federal Request s$32,521 U.S. Department of Justice a-%*� Office Qf Community Oriented Policing Services "t-1- ,1 Assurances Several provisions of Federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further information about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you assure us and certify to us that you will comply with all legal and administrative requirements that govern the applicant for acceptance and use of Federal grant funds. In particular, you assure us that: 1. You have been legally and officially authorized by the appro- priate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2. You will comply with the provisions of Federal law which limit certain political activities of your employees whose prin- cipal employment is in connection with an activity financed in whole or in part with this grant These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to you. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or_other ties. 5. You will give the Department of Justice or the Comptroller General access to and the right to examine records and docu- ments related to the grant. 6. You will comply with all requirements imposed by the Department of Justice as a condition or administrative require- ment of the grant; with the program guidelines; with the requirements of OMB Circulars A -87 (governing cost calcula- tions) and A -128 or A -133 (governing audits); with the appli- cable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual; and with all other applicable laws, orders, regulations or circulars. 7. You will, to the extent practicable and consistent with appli- cable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to I hereby Signature: further effective law enforcement by increasing their ranks within the sworn positions in your agency. 8. You will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connec- tion with any programs or activities funded in whole or in part with Federal funds. These civil rights requirements are found in the non - discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789(4)); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301 - 1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); Title 11, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § I2 101, et seq); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non - Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against you after a due process hearing, you agree to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 8 IO 7th Street, NW, Washington, DC 2053 1. B. If you are applying for a grant of $500,000 or more and Department regulations (28 CFR 42.301 et seq.) require you to submit an Equal Opportunity Employment Plan, you will do so at the time of this application, if you have not done so in the past. If you are applying for a grant of less than 5500,000 and the regulations require you to maintain a Plan on file in your office, you will do so within 120 days of your grant award. 9. You will insure that the facilities under your ownership, lease or supervision which shall be utilized in the accomplish- ment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPA indicating that a facility to be used in this grant is under consideration for fist- assurances that govern the application and use of Federal funds. Date: 43 J.S. Department of Justice '. Mice of Community Oriented Policing Services ° Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements Coordination with Affected Agencies; Non - Supplanting; and Retention. Although the Department of Justice has made every effort to simplify the application process, other provisions of Federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certifica- tion included in the regulations to understand the requirements and whether they apply to a particular applicant Signature of this form provides for compliance with certification requirements under 28 CFR Part 69. "New Restrictions on Lobbying," and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)," and the coordination and non - supplanting requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. I. Lobbying As required by Section 1352, Title 3 1 of the U.S. Code. and imple- mented at 28 CFR Part 69, for persons entering into a grant or coop erative agreement over $100,000, as defined at 28 CFR Part 69. the applicant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with the making of any Federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any Federal grant or cooperative agreement; B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certi- fication be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67. Section 67.510— A The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible. sentenced to a denial of Federal benefits by a state or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) Have not within a three -year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsifica- tion or destruction of records, making false statements. or receiv- ing stolen property; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three -year period preceding this applica- tion had one or more public transactions (Federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the state- ments in this certification. he or she shall attach an explanation to this application. 3. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67, Sections 67.615 and 67.620 -- A. The applicant certifies that it will, or will continue to, provide a drug -free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, posses- sion or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness pro- gram to inform employees about — (a) The dangers of drug abuse in the workplace; Disclosure of Lobbying Activities "`Instructions for Completion of SF -LLL, Disclosure of Lobbying Activities (cont'd) Complete this form to disclose lobbying activities pursuant to 3 1 U.S.C. 1352 (See reverse for instructions and public burden disclosure) 1. Type of Federal Action: _HJA a. contract b. -grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: -al-L a. bid /offer /application b. initial award c. post -award 4. Name and Address of Reporting Entity: Cl Prime O Subawardee Tier , ii known: N/A Congressional District (number), if known: 6. Federal Department /Agency: N/A 8. Federal Action Number, if known: N/A 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): N/A 11. Information requested through this form is author ized by Title 31 U.S.0 Section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This dii SUM is required pursuant to 31 U-S.0 1352. This infor- oration will be reported to the Congress semi- annualfy and will be available for public ingp*tion. Any pemn who fails to file tie required disclosure shall be subject to a civil penalty of not less than $10, 060 and not more than $100,000 for each such failure. Approved by 0 0348 -0046 (as amended) 3. Report Type: N J_A_ a. initial filing b. material change For Material Change Only: Year: Quarter: Date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: N/A Congressional District (number), if known: 7. Federal Program Name /Description: CFDA Number, if applicable_N /A `9. Award Amount, if known: $ N/A 10. b. Individuals Performing Services (including address if different from No. 1 Oa) (last name, first name, MI): N/A A / T Print Name: Nabar Enrique Martinez Title: City Manager Telephone No.: (561 ) 799-4110 Date: 6/28 Federal Use Only: Authorized for Local Reproduction, Standard Form • LLL d" Section VI — You must return this page as part of your application , *Section VIII Description of Limitations List any fiscal, budgetary or other limitations on your department's ability to address the public safe- ty needs of your community without Federal assistance. None None None EM 53 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 20, 2000 Date Prepared: June 30, 2000 Subject /Agenda Item: Second Reading and Adoption of Ordinance 17, 2000, repealing existing land development regulations and adopting new land development regulations in Subpart "B" of the Code of Ordinances Recommendation /Motion: Motion to adopt Ordinance 17, 2000. Reviewed by: Originating Dept.: costs: $ Council Action: Total City Attorney Planning Division [ ] Approved ACM $ [ ] Approved W/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Ordinance 17, 2000, with proposed land development regulations dated June 2000 2. Memorandums dated June 27 and June 29, 2000, from Marty Hodgkins of 07 09 00 [ ] Not Required Duncan Associates Submitted by: V.irector Growth Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The City staff has worked with a consultant, Duncan and Associates, the development community, and the public for more than one year to update and strengthen the City's land development regulations. This update was initiated as part of the Forbearance Agreement, which guides the development of the remaining large tracts of vacant land in the City. The proposed regulations in the attached Ordinance 17, 2000, are intended to implement the policies that have been adopted in the City's comprehensive plan and to reflect the recent and proposed development patterns in the City. ANALYSIS: The attached memorandum dated June 27, 2000, from Marty Hodgkins, of Duncan Associates, indicates some of the changes to the land development regulations that have been clarified since the First Reading of this ordinance on June 1 51" Also attached is a memorandum dated June 29, 2000, from Marty Hodgkins, of Duncan Associates. This memorandum seeks to clarify the proposed regulations to allow single - entity retail buildings in the PGA Boulevard Overlay District. The above two memorandums will be discussed at the second reading of the ordinance to adopt the new land development regulations. No property rezonings or other changes to the City's Official Zoning Map are proposed in conjunction with the new land development regulations. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission conducted several workshop meetings and an advertised public hearing regarding the proposed land development regulations, and recommends adoption. PREVIOUS CITY COUNCIL ACTION: The City Council has conducted two special workshop meetings to discuss the proposed land development regulations. These workshop meetings were conducted on March 30, 2000, and April 27, 2000. On June 15, 2000, the City Council passed this ordinance on First Reading. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance 17, 2000. gAccldradoption052600 2 JUNE 2, 2000 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, CONCURENCY MANAGEMENT SYSTEM; REPEALING CHAPTER 94, EXCAVATION AND FILL REGULATIONS; REPEALING CHAPTER 98, LANDSCAPING AND VEGETATION PROTECTION; REPEALING CHAPTER 102, NATURAL RESOURCES AND ENVIRONMENTALLY SENSTIVE 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 FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II, Florida Statutes, requires the adoption of land development regulations by each local government in Florida to implement the comprehensive plan of the local government, and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the City's existing land development regulations need to be updated to reflect the development patterns that are evolving in the City; and WHEREAS, the land development regulations adopted by this ordinance are consistent with the City of Palm Beach Gardens Comprehensive Plan; and WHEREAS, this ordinance has been advertised in accordance with the requirements of Chapter 166, Florida Statutes; and ORDINANCE 17, 2000 WHEREAS, the City's Planning and Zoning Commission, sitting as the Local Planning Agency, has reviewed the proposed land development regulations at workshop meetings and at an advertised public hearing, and recommended adoption; and WHEREAS, the City Council has determined that the adoption of the new land development regulations is in the best interest of the citizens and owners of property in the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The following chapters in Subpart `B," entitled Land Development Regulations, of the Code of Ordinances for the City of Palm Beach Gardens, Florida, are hereby repealed in their entirety: Chapter 78: General Provisions Chapter 82: Administration Chapter 90: Concurrency Management System Chapter 94: Excavation and Fill Regulations Chapter 98: Landscaping Chapter 102: Natural Resources & Environmentally Sensitive Lands Chapter 106: Public Places Chapter 110: Signs Chapter 114: Subdivisions Chapter 118: Zoning SECTION 2. The attached document, entitled "Land Development Regulations — City of Palm Beach Gardens," dated June 2000 and prepared by Duncan Associates is hereby incorporated herein by this reference and adopted, in its entirety, as a new Chapter 78 in the Code of Ordinances for the City of Palm Beach Gardens, Florida. This new chapter is divided into the following articles: Article I: General Provisions Article IT Review and Decision - Making Authority Article III: Development Review Procedures Article IV: Zoning Districts Article V: Supplementary District Regulations Article VI: Nonconformities Article VII: Violations and Enforcement Article VIII: Definitions SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. 2 ORDINANCE 17, 2000 Y SECTION 4. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 5. All ordinances or parts of ordinances previously adopted, which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 6. This ordinance shall be effective upon adoption. PASSED ON FIRST READING THIS DAY OF 2000. ADOPTED ON SECOND READING THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR ATTEST: BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO g: \sc \ord \ldr052600 DAVID CLARK, COUNCIL MEMBER LAUREN FURTADO, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT ORDINANCE 17, 2000 duncan associates land development regulations growth management impact fees MEMORANDUM TO: Steve Cramer, AICP, Principal Planner FROM: Marty Hodgkins, AICP, Duncan Associates SUBJECT: PGA Boulevard Corridor: Single Entity Retail Uses DATE: June 29, 2000 City of P.g, Gardens JYM 80 2000 MANAGEMENT DEPARTMENT (` The revised land development regulations (LDRs) for the City contain a proposed amendment to the status of single entity retail establishments within the PGA Boulevard Corridor. The current LDRs prohibit both single entity retail establishments and a number of other uses within the PGA corridor, including the following: . vehicle sales wholesale, discount, self- storage, and outlet centers discount department stores in excess of 50,000 square feet intense commercial and industrial activities One reason for the prohibition against these types of use was to protect the character of the PGA corridor. Another reason was to avoid categories of uses that tend to encourage strip commercial development, including the creation of numerous freestanding outparcels within a PCD or PUD. The proposed change to the PGA Boulevard Corridor, recommended by the Planning and Zoning Commission (P &Z), does allow for single entity retail uses either as a freestanding building on a separate parcel or as an outparcel within a PUD or PCD. As proposed in the draft LDRs, a request to establish a single entity retail use must comply with a variety of standards and criteria, including the following: • approval by the City Council • compatibility with adjacent architecture, color, • design as a structure containing multiple tenants • design that provides great visual interest and pedestrian amenities • extraordinary open space, landscaping, and related amenities materials, etc. From the desk of... L. Martin Hodgkins, AICP Associate DUNCAN ASsociATEs 390 South Juno Lane Juno Beach, Florida 33408 56 1/626-2420 Fax: 56 1/630-9852 e -mail: mhodgkins @mindspring.com You have indicated that City staff has been approached about a proposed commercial development containing one or more freestanding single entity retail buildings. In addition to a large principal structure, the proposed development also would include other freestanding buildings that provide banking, office, or similar services. Freestanding buildings that provide personal services or office uses are permitted by in the PGA corridor. The proposed LDR amendment regarding the single entity retail uses is a positive, well- considered change. However, as we have discussed, the City Council clearly should be reminded of this proposed change before one or more applications containing single entity retail users are presented for consideration, The City Council may wish to consider an amendment to the proposed draft LDRs. The amendment would address single entity retail uses within a PCD. A summary of proposed changes that could be considered are indicated below. I. Limit Single Entity Retail Uses. Allow on one ( 1) such use per PCD or PUD. 2. Waivers for Additional Uses. Specifically allow additional single entity retail establishments to be created if a waiver is granted by the City Council 3. Criteria for Waivers. Require a waiver request to demonstrate compliance with specific criteria applicable only to requests for a waiver of the limit on number of single entity retail users. Examples of specific criteria could include the provision of extraordinary architectural and site design features or provision of one or more significant benefits to the City such as park or open space dedication Please do not hesitate to contact me if you have any questions or require further information. memo.33 2 duncan associates land develop ent regulations growth management impact fees MEMORANDUM TO: Steve Cramer, AICP, Principal Planner FROM: Marty Hodgkins, AICP, Duncan Associates SUBJECT: Revisions to Land Development Regulations DATE: June 27, 2000 C�Y.oE PB• Gardens �RUwtH DEPprtTMF� As we have discussed, attached are two documents provided for the July 20 City Council public hearing and second reading of the revised land development regulations for the City of Palm Beach Gardens. The two documents are summarized below. ATTACHMENT I. This attachment summarizes the results of a local survey regarding when concurrency must be obtained in the overall development review process. The City now requires that a concurrency reservation be obtained prior to submitting an application for development approval. The draft code allows for submission of a concurrency reservation request at the same time as an application for development order approval is submitted. ATTACHMENT 2. This is a summary of changes to the draft land development regulations that should be considered by the City Council at the public hearing on July 20. This document contains three (3) major items, as indicated below. • A summary of changes, listed in table format, which indicates changes to the land development regulations. • A column within the summary of changes table mentioned above that provides room to include a V. The intent of the ✓ is to indicate an item of a policy nature that should be brought to the attention of the City Council. • A copy of pages with proposed changes that should be considered by the City Council. The location of all proposed changes is indicated by the use of a text box: From the desk of... On certain pages, the proposed changes are underlined or proposed L. Martin Hodgkins, AICP Associate deletions h. On other pages, DUNCAN AssociATEs the location and nature of proposed changes are 390 south Juno Lane indicated only by the text boxes. Juno Beach, Florida 33408 m e m o.3 2 56 1/626-2420 Fax: 56 1/630-9852 e -mail: mhodgkins @mindspring.com ATTACHMENT 1 Concurrency Reservation Requirements concurrencyreq.1 Concurrency Concurrency Jurisdiction Reservation Reservation Comments Required Not Required 'alm Beach Concurrency required as part jardens X of application. 3oca Raton Partial Partial City requires County to determine capacity available prior to submitting an application. Concurrency for other services determined prior to P &Z Commission review. 3oynton Beach X Concurrency required prior to approval of development order. Delray Beach X Concurrency required prior to approval of development order. Jupiter X Concurrency required prior to approval of development order. 'aim Beach X Concurrency required prior to ,ounty approval by Devel. Review Committee. Riviera Beach X None. Wellington X Concurrency required prior to approval by Devel. Review Committee. West Palm X Concurrency reservation Beach generally required as part of application for development approval. May be waived on a case -bv -case basis. concurrencyreq.1 ATTACHMENT 2 SUMMARY OF MAJOR CHANGES CITY OF PALM BEACH GARDENS Draft Land Development Regulations July 2000 ✓ Indicates Review and Consideration by City Council may be necessary. PAGE SECTION ✓ DISCUSSION 10 Sec. 19 ✓ Allows joint filing of development order and concurrency applications. Current practice requires concurrency reservation before submitting development order application. 25 Sec. Does not require PCD and PUD master plans to indicate l location of easements. Easements would be shown in individual site plans. 54 Sec. 35(b) ✓ Allows 'off int filing of development order and concurrency applications. Current practice requires concurrency reservation before submitting development order application. 64 Sec. 43(8) ✓ Provides additional criteria for proof of adequate drainage for new developments. 66 Sec. 45 ✓ ■ Will need to change section if City Council allows joint filing of applications for development order and concurrency approval. ■ Provides additional language recommended by City Engineer to clarify that a concurrency certification does no guarantee performance consistent with required levels of service, The failure of one or more services to perform may result in a delay of processing an application for development approval. PAGE SECTION DISCUSSION 34 -95 Sec. 88(g)(3) ✓ Clarifies language for location of commercial development in residential PUDs. ■ Eliminates minimum locational requirement of 1 320 feet from perimeter of site, and provides standards for location of such commercial uses. ■ Reduces from 50% to 25% the amount of residential building permits that must be issued prior to building permit for commercial portion. 99 Sec. 89(c) ✓ Requires that PCDS be designated as an overlay zoning district, with an assigned underlying zoning district. Provides language to determine a comparable zoning district for commercial portion of a PCD with underlying residential zoning. 100 Sec. 89(e)(2) Clarifies status of conditional uses within a PCD. 131 - Sec. 93(6) ✓ Utilizes existing City code provisions regarding adult uses 132 rather than adopt any changes which may be less restrictive. 139 Sec. 93(18)c Requires centralized sanitary facilities for recreational vehicle parks per City Council request. 147 Sec. 93(49) Revises language regarding accessory retail sales at places of worship per City Council request. 174- Sec. 95 ■ Provides expanded standards for illumination, 177 ■ Reduces height of pedestrian area light fixtures from 15 to 12 feet (Page 175) ■ Establishes limits for seasonal and accent exterior lighting (Page 176) ■Allows City Council to require certain types of street light fixtures (Pages 176 - 177). 188- Sec. Combines certain design requirements for single entity 189 104(d)( I )c retail users within the PGA Boulevard Corridor. 192 Sec. Requires sidewalks in the PGA Boulevard corridor to be set I04(g)(5) back at least ten (1 0) feet from the edge of curbing or paving. 194 1 04(g)( I I )e Encourages use of flowering trees within medians along the PGA Boulevard corridor. PAGE SECTION ✓ DISCUSSION 194- Sec. ■ P &Z recommendation. Allows pathways in PGA 195 1 04(g)(12) Corridor parkways to meander, rather than follow a strict requirement of being located at least 40 feet from edge of right -of -way. ■ Requires pathways to be located at least ten (1 0) feet from the edge of curbing or paving. 213 Sec.I IS(b) Clarifies use of preserve areas as basis for implementation of alternative forms of mitigation of environmentally sensitive lands. 214 Sec. Clarifies use of density transfers for sites containing II5(b)(3)b wetlands. 221 Sec. Per City Council direction. Requires land value for alternative II8(b)(2).c mitigation purposes to reflect development approvals granted by the City. 222 Sec. Clarifies language regarding environmental restoration or 8(b)(3) creation. 233 Sec. P &Z /City staff recommendation. Allows City Council to I35(h)(2) permit pole- mounted banners within the City. 235 Table 23 ✓ At City Council direction, reinstates limitation on the location of a wall sign. Retains current limit that such signs cannot be located more than 3 feet above the 4�' floor line of a building. 256 Sec. Clarifies method for issuing clearing and grubbing permits 148(a)( 1) for common areas within a PUD or PCD. 260 sec. 153(c) Adds language to allow the City to include conditions of approval for land clearing permits, to include control of rodents and vermin displacing by land clearing. 267 Sec. 15W Requires two (2) foot berm in addition to three (3) foot hedge as part of perimeter buffers for parking lots. Specifies measurement of berm height if parking area below elevation of adjacent roadway. 309 Table 34 Recommended by P&Z. Reduces number of required loading spaces. 363 Sec. 263(b) Requires new developments to provide evidence of perpetual maintenance for drainage facilities. PAGE SECTION ✓ DISCUSSION 373 Sec. 282(b) ✓ Allows City Council to reduce lake maintenance easements to allow for permanent improvements within such easements. 424 Definitions Changes a portion of definition of development to include subdivision of property into two or more parcels, rather than three or more parcels. memo33AT".111 NCO/ (VA miscellaneous development order applications; and (h) expiration of development approvals and time extensions. Sec. 19. Concurrency required. All development order applications shall comply with the requirements of the concurrency Allows development applications to be management system established herein. An submitted with a concurrency reservation application for development order approval shall or a concurrency reservation not be accepted by the growth management application.. department for processing unless accompanied by an approved concurrency certificate or an application to obtain a concurrency certificate. An application for development approval, if accompanied by an application to obtain a concurrency certificate, shall not be reviewed and processed beyond review by the development review committee until concurrency is established. Sec. 20. Review of applications for development order approval. (a) Compliance. Applications for development order approval shall be reviewed as indicated in Table I and comply with all requirements of this chapter. (1) Development Review Schedule. Review of all applications for development order approval shall be consistent with the requirements of Table 2. Table I. Development Order Review Notes. A= Advisory Review DRC= Development Review Committee Blank= Not Applicable DO= Development Order BZA =Board of Zoning Appeals P &Z= Planning and Zoning Commission C= Completeness Review ✓= Technical Review CC =City Council ■= Decision Making Authority D= Discretionary per Growth Management Director Development Order Staff DRC BZA P&Z CC Application Rezoning, Standard c ✓ A ■ Rezoning, Overlay (including PCD and PUD) c ✓ A ■ City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 10 intersections, and canals proposed to be located within the proposed project. 4. All locations and ultimate widths of existing and proposed rights -of -way or easements providing vehicular access to and from the site. 5. A written statement specifying how proposed rights -of -way are to be conveyed or dedicated to the city, county, or state. h. Public uses. All plans shall provide the information listed below. I. The approximate location and acreage of any proposed public uses such as parks, school sites, fire stations, and similar public or semipublic uses. 2. A written statement specifying how land for public purposes is to be conveyed to the proper public agency. i. Easements. All plans shall provide the information listed below. I. Location and width of proposed and existing Language added at request of development utility, drainage, access, community, as easement information not and similar easements, required for overall master plans. provided, however. that PCD master plans and PUD master site plans are not required to provide information regarding_ proposed easements. 2. Location of existing utility lines and utility facilities adjacent to and traversing the subject site. 3. A written statement specifying how proposed easements are to be conveyed. 4. Location, if known, of proposed landscape buffers, open space, and preserve areas, j. Existing structures. All plans shall provide the following: the location of all existing structures on the site, as well as those structures located within 100 feet of the perimeter of the site. k. Signs. All plans shall provide the following: proposed signage locations, sign types, sign dimensions, and typical details, including landscaping. For PCD master plans, this requirement may be waived by the growth management director. I. Lighting. Lighting plan of all exterior lighting, including ground and building mounted fixtures, location, height, type, foot - candle, cut sheets, photogrametrics, and such other information as may be required by the city engineer. For PCD master plans, this requirement may be waived by the growth management director. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 25 (a) Compliance. All development order applications, except those exemptions as provided for herein, shall demonstrate that the impacts from the proposed development comply with the level of service standards adopted by the city. (b) Concurrency determination required. All applications for development order approval shall include evidence of compliance with city's concurrency requirements or application to obtain a concurrency certificate. Allows joint filing of applications for development order approval and the concurrency. an (C) Determination of available capacity. (1) Capacity determination. A determination of available capacity under this chapter is calculated by adding together all elements listed below. a. the total capacity of existing facilities when operating at the adopted level of service; and b. the total capacity of new facilities, operating at their adopted level of service, that will become available on or before the date of occupancy of the development. The capacity of new facilities may be counted only if one or more of the following is shown, I. Construction of the new facilities is underway at the time of issuance of the development order. 2. The funds for construction of new facilities are included in the first three years of the adopted county five -year road program, or the adopted five -year state department of transportation improvement program, or the city five -year capital improvements element; 3. The new facilities are the subject of a binding, executed contract for providing the facilities at the time of issuance of the development order. 4. The new facilities are guaranteed in a legally enforceable developer agreement pursuant but not limited to Chapter 1 60 or Chapter 380, Florida Statutes. The developer agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur. (2) Capacity availability. The determination of available capacity is made by subtracting from the sum of subsections (c)( I )a. and (c)( I )b. of this section the sum of: a. the demand for the facility created by existing development; and City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 54 corporation; or C if a group of contiguous property owners, all the owners of the property described in the petition must provide written consent. (7) Survey. A certified boundary and topographic survey, sealed by a surveyor licensed in the State of Florida, including the following information: a. scale of not less than one inch equals 200 feet; b. legal description of property; C. computation of the total acreage of the parcel to the nearest tenth of an acre; d. existing contours at one -foot intervals based on field surveys or photogrametric surveys, extending 100 feet beyond the parcel boundaries. If submitted separately, the topographic survey will be sealed by a licenced surveyor. (8) Drainage. Evidence that the proposed drainage system will be Changes recommended by the City acceptable to the South Florida Engineer to clarify use of drainage basin Water Management District criteria as part of concurrency application. (SFWMD) and conform with the city's land development regulations. Evidence may be in the form of a drainage statement by the developers engineer demonstrating that the drainage system will be designed to meet these requirements and that legal positive outfall and in conformance with criteria established for the basin in which the I)rolect is located. Upstream pass through drainage, downstream tailwater and development conditions and a plan to meet the city's level of service must be provided. Additional supporting calculations for larger projects may also be required. (9) Public utilities. Evidence, in the form of a statement from the Seacoast Utility Authority or other provider, as applicable, that the proposed project will be able to connect to public water and sewer facilities and there is sufficient capacity available to meet the adopted levels of set -vice. Within thirty days following development order approval, a 'Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service" or similar statement, indicating reservation of water and sewer capacity shall be delivered to the department. If the statement is not delivered as required, the development order shall be automatically void and have no further effect. When the proposed project is located in a remote area which is unable to connect to the Seacoast Utility Authority system, individual wells and septic tanks or package treatment plants can satisfy the concurrency requirements if the facilities meet the adopted level of service. (1 0) Traffic performance standards. Evidence that the proposed project meets the City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 64 Sec. 44. Sufficiency review. Sufficiency review. Within 14 week days after application submission, excluding holidays, the applicant will be notified in writing of the results of the sufficiency review. If deficient, the department will provide the applicant a written letter noting the deficiencies of the application. Sec. 45. Concurrency reservations. Reservation required. Prior to processing a development order application, a certificate of 0 Will be changed if City Council allows concurrency reservation or a certificate of joint rding. of development and conditional concurrency reservation shall be concurrency applications. issued by the city. Concurrency certification ■Proposed changes affecting concurrency does not constitute sufficiency with regard to the certification/performance of infrastructure performance of existing or proposed improvements recommended by city engineer. infrastructure improvements. Performance of drainage systems, water and wastewater systems, solid waste collection, recreation facilities, and traffic operations are factors to be considered in the review and approval or denial of a proposed project. Certificates shall be issued as provided below. (1) Concurrency reservation. A certificate of concurrency reservation shall be issued if a determination is made that there is adequate capacity in all the public facilities to meet the impacts generated by the project. (2) Conditional concurrency reservation. Should there not be sufficient capacity in one or more of the necessary public facilities, the certificate of conditional concurrency reservation process may be used. (3) Denial or withdrawal. When a certificate of concurrency reservation or conditional concurrency reservation is issued, the certificate is valid while the application for development order approval is being processed. If the development order application is either denied or withdrawn, the concurrency certification becomes immediately void. (4) Existing development. If a development order application is filed to change an approved development order, the concurrency certification for the existing development order shall be applicable to the extent of equal or lesser impacts resulting from the proposed change. If the proposed change creates additional impacts, a concurrency certificate for the additional impacts shall be obtained. (5) Development order approval. When a development order for a project is approved, the concurrency certificate issued is valid for the time set forth in the City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 66 Low 5.0 Medium 9.0 High 12.0 Note. *Density categories as established by comprehensive plan. (2) Density bonus. In high density residential land use areas as designated in the comprehensive plan, the city council may approve a density bonus of up to 3 .0 dwelling units per acre in PUDs. The density bonus may be allowed in development order applications which propose to construct affordable housing as defined in the city's comprehensive plan. The city council may allow an increase in the total gross density for PUDs to an absolute maximum of 1 5.0 dwelling units per acre. However, in no case shall the net density exceed 15.0 dwelling units per acre. Net density shall be defined as the total number of dwelling units divided by the total number of acres in the site plan. (3) Commercial development in residential PUDs. a. Limit. Not more than three percent (3 %) of the Final language pending decision by City Council. Changes are suggested based upon comments from development community. gross land area of a residential PUD may be developed for development- serving commercial or office uses. Uses in residential PUD commercial areas shall be same as the permitted or conditional uses in the CN zoning district. b. Building permits. Building permits shall not be issued for construction of any portion of a commercial structure in a residential PUD until at least % 25 percent of the total number of dwelling units within the PUD are under construction. An applicant may reauest a waiver to reduce the required threshold for dwelling units under construction. C. Location. Commercial development in residential PUDs shall be constructed in one or more locations that optimize availability to residents of the PUD. Commercial developments shall not be located within one-quaiter vvithin a PUD City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 94 shall be designated on the PUD master plan. The location of the commercial development is subject to the overall standards listed below. I. The size, intensity, and proposed uses within the proposed commercial development are appropriate as PUD - serving uses, and are not of a nature re ujriu a larger market area. 2. The proposed commercial development may contain civic uses of a PUD - serving nature, including postal services, meeting facilities, recreation facilities, and administrative offices. 3. The proposed commercial development site is not accessible from any public or private roads abutting the PUD. 4. The proposed commercial development site is generally located at the center of a oroiect. 5. The proposed commercial development site is not visible from any public roads abutting the PUD. 6. The proposed commercial development site is located approximately equidistant from dwellings to be located at the perimeter of the PUD. 7. The proposed commercial development site is located at the intersection of two or more neighborhood collector or neiftorhood- serving roads. 8. The proposed commercial development site will not be advertised in any fashion on abutting public roads. 9. The applicant may be reauired to provide a market study to demonstrate the restricted nature of the market area. (4) Mixed use PUD. a. Establishment. Planned unit developments with an underlying mixed use future land use plan designation or more than one underlying future land use plan designation may be approved by the city council. Mixed use PUDs shall include a minimum of three types of land uses and shall be planned for a diversification of uses, structures, and open spaces in a manner compatible with surrounding land uses and development patterns. A single use shall not occupy more than 60 percent of the site area proposed for a mixed use PUD. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 95 industrial use, dependent upon the underlying future land use designation. (c) Zoning. Property shall be rezoned to both an a single underlying zoning district Changes suggested per discussion with City and a planned community development Staff and the development community. overlay district. The underlying zoning district designation shall be consistent with the comprehensive plan. The PCD shall be developed consistent with the uses, property development regulations, and other standards applicable to the underlying zoning district. However, the city council may, as part of an overall PCD development order, establish use, property development, and similar regulations for a specific PCD. In that event, the requirements of the development order shall prevail over the requirements of the underlying zoning district designation. In the event the proposed development of a site within a PCD is not consistent with or comparable to the nature of the underlying zoning district, such as the commercial portion of a residential PCD, the procedure outlined below shall apl�. (1) Application. The application for site plan approval shall include the following: as the zoning district most comparable to the proposed site development: and b. waivers necessary to implement the site plan, based upon the most comparable zoning district. Growth management director. The growth management director shall determine the zoning district to be utilized for comparison purposes. The determination shall include the factors listed below. a. The zoning district most comparable to the proposed proiect, in order to reduce the number of waivers that may be necessary for overall site development. b. The zoning district most comparable to the overall residential density or nonresidential intensity of the proposed development. c. The zoning district with the property development regulations that are most comparable to the proposed proiect. Waivers. The determination of the most comparable zoning district by the erowth management director may include any additional waivers identified by the city staff that may be necessary for iDroiect approval. (d) Phased development. Based upon an approved master development plan, the district may be developed in phases, pursuant to the site plan review procedures set out in this chapter and City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 99 consistent with the approved master development plan. (e) Permitted uses. Unless otherwise established by a PCD development order, the uses permitted in the PCD district shall be governed by the uses permitted in the underlying zoning district. The density permitted in a PCD shall not exceed the allowable density permitted in the comprehensive plan, based upon the standards listed below. (1) Residential. A mixture of residential types of dwelling units are permitted and encouraged, limited to the maximum density indicated in Table 15. Table 15. Maximum Residential Density in PCDs Density Category* Maximum Dwelling units/ gross acre Low 5.0 Medium 9.0 High 12.0 Note. *Density categories as established by comprehensive plan. (2) Conditional uses. Unless otherwise limited by a Change per discussion with City staff. development order, all conditional uses within a PCD shall be allowed pursuant to the conditional use regulations section 20. Site an development of a conditional use within a PCD shall be subiect to the requirements of section 25. (f) Preservation of native ecological habitats in RH districts. In addition to division II of article V, PCDs with an underlying future land use designation of RH may have densities permitted up to 15.0 units per gross acre if large contiguous areas of native ecological habitats are preserved. These preserve areas exceed any minimum preservation and open space areas provided in accordance with standard PCD requirements. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 100 (6) Adult Entertainment. Ere:gulatin:g rrent City requirements for a. It is the purpose of this adult uses . section to regulate adult bookstores, adult motion b. picture theaters, adult motion picture booths, adult motels and hotels, bathhouses, modeling studios, massage shops or parlors, artists -body painting studios, pawnshops, billiard parlors, and adult cabarets so as to lessen the concentration of these establishments and their proximity to each other such stated establishment which would potentially work a deleterious effect upon the adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhoods. c. Land and structures shall be use only for the following purposes: I. adult bookstores; 2. adult motion picture theaters; 3. adult motion picture booths; 4. adult motels or hotels; 5. pool or billiard parlors; 6. massage shops or parlors; 7. modeling studios; 8. bathing establishments; 9. artists -body painting studios, and 10. artists -body painting studios; and adult cabarets. d. Each adult motion picture booth shall have a rectangular- shaped entranceway not less than two feet wide and six feet high. There shall be no door, curtain, or other obstruction blocking or closing off any part of or all of the entranceway way at any time. e. An adult bookstore, adult motion picture theater, adult motion picture booth, adult motel or hotel, bathhouse, modeling studio, massage shop or parlor, artists -body painting studio pawnshop or billiard parlor shall not be located within such distance, measured from property line to property line, from any other of the establishments as provided below: Minimum Separation Use Distance I Adult Bookstore City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 131 Use Minimum Separation Distance Adult Motion Picture Theater 2,500 feet Adult Motion Picture Booth 2,500 feet Adult Motel or Hotel 2,500 feet Artists -Body Painting Studio 2,500 feet Bath House 2,500 feet Billiard Parlor 2,500 feet Massage Parlor or Shop 2,500 feet Modeling Studio 2,500 feet Pawnshop 2,500 feet Alcoholic Beverage Sales Establishment (On- or Off - Premise Consumption) 1 ,000 feet Hotel /Motel 1 ,000 feet Park, Public 1 ,000 feet Place of Worship 1 ,000 feet Residential Area (Designated by Comprehensive Plan or Zoning Map) 1 ,000 feet School, Public or Private 1 ,000 feet (7) Antique shop shall sell items in demand and have a value due to being rare, old, historic, of a collectible nature, or an expectation of increasing value, including such items as furniture, art objects, housewares, glassware, jewelry, coins, stamps, and decorative objects. (8) Auto repair, general includes tune ups, oil and fluid changes, and similar maintenance work. Auto repair also includes the repair or replacement work on the following parts or systems: tires, brakes, mufflers, air conditioning, tire alignment and balancing, front end alignment, starters, alternators, and radiators, Auto repair does not include removing or rebuilding engines or transmissions, steam cleaning engines, paint and body repair, and frame repair. a. Bay doors shall not be oriented toward public rights -of -way or residential City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 132 Admin., Maint., or I space per 500 Commercial Site eross sauare feet I 5. Minimum setbacks: all principal and accessory structures, recreational vehicle spaces, and camping cabin spaces shall be setback at least 50 feet from any property line. C. Centralized sanitary facilities, including bathing, toilets, and Added at request of City Council. sinks, shall be provided. The — number and location of such facilities shall be adeauate for the number of visitors to the park. d. In addition to parking of recreational vehicles, a maximum of ten percent (1 0 %) of the total number of spaces may be utilized for camping cabins, subject to the limitations listed below. I. Each cabin shall comply with the city's building code. 2. Each cabin shall not exceed 400 square feet, including outdoor porches, 3. Each cabin may contain electrical service and outlets, air conditioning, and heating. 4. Sewer service, potable water, and kitchen facilities are prohibited. 5. Each cabin shall contain a minimum of 50 square feet per occupant. 6. Residence in a camping cabin is restricted to 30 consecutive days, and not more than 60 calendar days during any one year period. e. Permitted accessory uses: I. recreation amenities, restricted to use by guests, including pools, tennis and shuffleboard courts, recreation rooms, equestrian facilities, nature and walking trails, play grounds, tot lots, docks, and similar facilities; 2. gate houses or similar facilities designed to provide security to the RVP; 3. maintenance facilities: 4. administrative office space necessary for operation of the RVP; and 5. commercial or retail use, restricted to use by guests, including convenience food and beverage items and recreational vehicle parts, f. The uses, activities, or improvements listed below are prohibited within a RVP. I. Permanent residential use of any RVP land, camping cabin, structure, or facility is prohibited, excluding occupants of any security quarters that may be established in the RVP. 2. The installation or construction permanent structures or additions accessory to a recreational vehicle, including but not limited to screen rooms, carports, and utility sheds is prohibited. 3. Parking of recreational vehicles in areas not designated for such use. 4. The storage of recreational vehicles, 5. The sale or dispensing of propane gas, excluding containers already containing propane gas. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 139 conditional use in the following districts: CG- I , CG -2, PI, M- I , M- I A, and M -2. C. Typical uses associated with churches and places of worship include the following: I. sanctuaries, assembly halls, or similar large meeting rooms where religious services are held; 2. community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable, and recreational programs; 3. offices utilized for administrative purposes related to the operation of the church or place of worship; 4. accessci,7 retail fkillties Offering linet Language changed per City Council -elated �_ discussion. ope°atron of tine eliurcl of worr°s'nip religious merchandise or merchandise related to the operation of the house of worship may be sold in an accessory retail facility; 5. playgrounds and athletic fields; and 6. rectory or similar residence for religious officials, limited to one per place of worship. d. The following uses may be included within any conditional use approval granted by the city council to establish a church or place of worship, or as an additional conditional use operating as part of the facility: I. school, elementary or secondary; 2. day care, child: 3. day care, adult; 4. assisted living facility; and 5. monastery or convent. e. Additional standards applicable to churches and places of worship are provided below. I. Up to fifty percent (50 %) of required parking may be grassed consistent with section 1 88 of this chapter. 2. Minimum lot size is two acres. 3. Churches and places of worship with more than 1 ,000 seats or approved capacity shall be located on and provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. 4. Lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts. 5. All day care centers, elementary or secondary schools, monasteries or convents, or assisted living facilities shall provide primary vehicular access from the following roadways: city collector, county minor arterial, state minor arterial, state, or state principal arterial. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 147 d. exceed setback requirements applicable to the principal structure. (6) Illuminated tennis courts, basketball courts, or similar accessory facilities that are accessory uses to a single dwelling unit shall not be illuminated or utilized after 10:00 p.m. Sec. 95. Illumination of uses and buildings. Expanded. Illumination. Any lighting used to illuminate signs, parking areas, or for other purposes shall be so arranged that the source of light does not shine directly or indirectly into adjacent residential properties and does not interfere with traffic, Illumination of vehicle use areas, canopies, storage areas, or other areas associated with a use shall not be utilized as a means to attract attention. Illumination shall provide for levels of light to provide overall security, and to allow for the safe movement of pedestrians and vehicles. (a) Definitions. For the purposes of this section, the following definitions shall apply, and shall supercede other definitions contained in this chapter. Cutoff luminaire means a luminaire containing various elements, including shields or reflectors which direct and cutoff light at a specific angle. Glare means light emitted from a luminaire or other light source which causes eye discomfort, and may reduce a viewer's ability to see, or may in extreme cases cause momentary blindness. Light trespass means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located. Luminaire means a complete lighting unit or system, including lamps and all necessary electrical, mechanical, decorative, and structural elements or parts. Residential district means any property with a residential future land use designation or zoning district designation, or any residential portion of a PUD or PCD. (b) Residential districts. Lighting and fixtures shall be installed in such a manner that the source of light does not shine directly into adjacent residential districts, as required below. (I) Lighting at property line. Where lighting occurs adjacent to residential district, not more than 0.5 foot candle light trespass shall exist at a point inside the residential property line. (2) Freestanding light poles. Freestanding light poles located within 100 feet of a residential zoning district or the residential portion of a PUD or PCD shall be a cutoff luminaire, or equivalent, with a maximum angle of 90 degrees (see Figure 1). (3) House shields. House shields, or equivalent, shall be required for all fixtures located within 25 feet of a residential district. (4) Flood lights and security lighting. Flood lights, security lighting, or similar equipment, City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 174 whether or not wall- mounted, shall not be directed toward any residential district. (c) Nonresidential zoning districts. Lighting and fixtures shall be installed in such a manner that not more than 5.0 footcandle shall exist at the property line. (d) General standards. Lighting shall comply with the standards provided below. (1) Glare. Lighting shall not produce a glare which creates a traffic hazard. (2) Height of fixtures. Lighting fixtures shall not exceed 25 feet in height Change recommended by Police when located in vehicle use areas, and Department. shall not exceed +5 12 feet in height when utilized in pedestrian areas. (e) Parking areas. If an off - street parking facility contains ten or more spaces, exterior lighting, measured at ground level in foot candles shall be provided using the following criteria: (1) 0.6 foot candles in the general parking area; (2) 0.6 foot candles in pedestrian areas; (3) 1 .0 foot candles in vehicle use areas; and (4) not to exceed 10.0 foot candles. (f) Lighting of buildings. Lighting of buildings shall conform to the requirements provided below. (I) Permitted lighting. Exterior lighting may be used to illuminate a building and its grounds for safety purposes, but also in a manner that is aesthetic and compatible with the overall surroundings. (2) Lighting as advertising. Lighting shall not to be used as a form of advertising or in a manner that draws considerably more attention to the building, grounds, or uses associated with such building at night than in the day. (3) Compatibility. Lighting shall be installed in a manner that is compatible with the neighborhood and adjacent development. (4) Integration with form. Lighting following the form of the building or part of the building will not be allowed if, in the opinion of the city council, the overall effect will be garish or detrimental to the surrounding environment. (5) Fixtures. All fixtures used in exterior lighting are to be selected for functional and aesthetic value. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 175 (6) Exterior lighting. Exterior lighting, with the exception of security lighting, shall be installed to be a minimum of 20 feet and a maximum of 25 feet in height. (g) Plans required. Plans for illumination of buildings, use areas such as canopies, parking areas, pedestrian areas, and similar uses shall be provided at the time a building permit is submitted or as otherwise required by section 95. Illumination plans shall comply with the standards listed below. (1) Design. Plans shall be prepared and sealed by an engineer registered in the State of Florida. (2) Plans. Lighting plan or plans, including photometric plans, including the following information: a. overall site plan: b. vehicular and pedestrian access anc circulation; C. location of parking stalls; d. adjacent property lines, including existing uses, and future land use map and zoning district designations; e. plan view of all fixtures, including pole and wall mounted; C height of all fixtures; g. photometric data and statistical analysis, including foot candle values, the maximum to minimum uniformity ration, the average initial or average maintained foot candles, the minimum foot candles, the maximum foot candles, points of calculation for foot candles, and similar information required by the city engineer; and h. light fixture data, including height, manufacturer, wattage, lighting type, etc. Seasonal and accent linhtinn. Seasonal lighting. In nonresidential zoning districts, temporary installation Addh#ill su by of exterior seasonal lighting for the Councilman Sabatello. commemoration of one or more religious holidays shall not exceed 90 days during a calendar year. Accent linhtinn. String lights, and other similar accent lighting, may be installed in trees and landscaping. However, only clear bulbs without interior or exterior frosting, colors or reflectors may be used. f Street lighting. The city council, as part of a development order approval, may require Additional language suggested by installation of decorative street lighting Councilman Sabatello. I consistent with the style of fixtures installed City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft— June 2000 176 adiacent to the property included within the development. Sec. 96. Lot Area. (a) Lot size and occupancy. A lot shall not be reduced in size such that compliance lot width, size of yards, lot area per dwelling, or any other property development requirement is not maintained. This section shall not apply when a portion of a lot is acquired for a public purpose. waiver must be a written (b) Nonconforming lots. On the effective date of this chapter, if a lot located in any zoning district does not conform to the property development regulations, including lot size and lot width, and such lot : (1) was lawfully existing and of record; and (2) is held under separate and different ownership from any lot immediately adjoining and having continuous frontage. then such lot may be used as the building site for any use permitted in the district, subject to the district regulations in article IV. Sec. 97. Height of buildings. (a) Height. A building or structure shall not be erected, constructed, reconstructed, or altered to exceed the height limits established in the property development regulations for the applicable zoning district. (b) Exceptions. The height limitations of this section shall not apply to church spires; barns, silos; monuments; antennas: penthouses and domes not used for human occupancy; nor to chimneys, water tanks, and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height as is necessary to accomplish the purpose they are to serve and shall not exceed 20 percent (20 %) of the ground floor area of the building. (c) Obstructions. All obstructions as defined by the Federal Aviation Administration shall be marked and lighted in accordance with applicable federal or state regulations. Sec. 98. Utility easements. (a) Easement construction. Paved driveways, fences, and patios without walls or screen enclosure, may be constructed upon or across any public utility easement which is located within the front, side, or rear yard of any lot. (b) Building permit. A building permit shall not be issued for structures or improvements in public utility and drainage easements until the applicant obtains a waiver from all utilities possessing easement rights and submits the waivers to the building department. The waiver must be a written City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 177 vehicle sales, storage, and repair; wholesale, discount, self- storage and outlet centers; discount department stores in excess of 50,000 square feet; single - entity retail establishments, unless otherwise provided in this section; intense commercial and industrial activities characteristic of the CG -2 and M -2 districts; and drive -in facilities unless as an accessory use to a bank. 3. The purpose and intent of this subsection is to allow a single - entity retail activity located within freestanding commercial structure as follows: (i) a single entity retail use is allowed when integrated into an overall PUD or PCD master plan or site plan; or (ii) a single entity retail use, not to be integrated into an overall PUD or PCD master plan or site plan, may be allowed subject to the standards provided herein. C. Exceptions for certain single- entity retail users. Single- entity retail users may be permitted in the PGA Boulevard overlay corridor, subject to the requirements of this section and the additional requirements listed below. I. The building within which the single- entity retail use is proposed to be located, and the exact nature of the use, shall be approved by the city council. 2. If located within a larger development, the single - entity retail building shall be designed and constructed in a manner that reflects the same architectural style, color, materials, and treatments of the other buildings within the parcel. . :.. ..._� Combined with Sec. 104(d).c.4, • _ .■ . below. 4. If planned, located, and approved as a freestanding building on a separate parcel, a single entity retail building shall be designed in a manner that is consistent with the following standards: (i) the building shall be Eabove. ed with Sec. 104(d).c.3, as listed designed to appea r as a City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 188 structure containing multiple tenants or user; (ii) the design is compatible with the objectives of the PGA Boulevard corridor overlay; (iii) the design is consistent with the architectural style of adjacent buildings; (iv) the design enhances the appearance of the entire PGA Boulevard corridor; (v) the design provides great visual interest through such techniques as multiple roof lines, architectural details, use of pedestrian amenities, use of exterior facade treatments, and similar elements which avoid the creation of monolithic structures; (vi) the design of the structure provides open space, landscaping, and similar amenities of a nature and extent that greatly exceeds the requirements of this chapter; and (vii) the design provides architectural treatments on all sides of a structure, and screens or buffers all facilities such as loading zones, mechanical equipment, and trash and garbage containers. 5. The building within which the single- entity retail use is located shall not exceed 50,000 gross square feet. 6. If located within a larger development, a single- entity retail building shall, at a minimum, share the following elements with all other buildings located within the same development: (i) common adherence to all conditions of development approval adopted by the city; (ii) shared use of common areas; (iii) shared use of pedestrian and vehicular circulation facilities; (iv) shared use of all parking facilities and cross access with all vehicular use areas; and (v) shared maintenance responsibilities for all common areas. d. Site development. Site development regulations shall incorporate design criteria required by section 25 to enhance and protect the health, safety and general welfare of the city. e. Nonresidential development. Nonresidential development shall blend into the landscape, deferring to open spaces, existing natural features and vegetation. f. Commercial strip development discouraged. Minimum lot sizes and limited access drives shall be used to reduce the potential for commercial strip development. Neighboring properties are encouraged to link their parking lots City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 189 with division VII of article V and the general guidelines in the city's "Landscape Work Manua /." (2) Materials. Landscaping within the greenbelt shall be free form design using the following plant list: live oak, slash pine, saw palmetto, wax myrtle, sabal palm, common grasses, and other materials approved by the department. (3) Design. Free form design means new trees and shrubs should duplicate natural patterns with multiple plant sizes, spacing, plant clusters, and single plantings. Grass shall be planted in all open areas. Mulch shall be used around all trees and plants. The greenbelt shall have undulating berms, located generally along rights -of -way. Windows or voids in the landscaping, if not in excess of 60 feet, are acceptable for scenic views of lakes, art in public places, or signage. Nonmountable curbs shall be used to ensure the installation and preservation of landscape materials by separating landscape materials from roads or vehicular circulation areas. (4) Materials and installation. All trees, plants and any other associated landscape or outdoor material shall be of Florida No. I , or better, as classified by the Florida Department of Agriculture and Consumer Services. All new landscaping shall be loo- percent irrigated. The water source for irrigation shall be approved by the city prior to installation. All backflow preventers, electrical boxes, lift stations and any other utility structure shall be screened with landscaping. Intersections, entrances, and building frontage can be enhanced with additional landscaping not listed in this subsection with site plan approval. (5) Pathways and sidewalks. Multiuse pathways and sidewalks shall meander =Addifional uage suggeste d by around vegetation and berms batello. throughout the greenbelt. However, sidewalks shall be setback at least ten (I 0) feet from the exterior edge of curbinq or paving, as determined by the growth management director. Nature trails may connect to the sidewalks. Pathways shall be illuminated pursuant to specifications approved during site plan approval. All landscaping, irrigation, berms, sidewalks, and lighting within road rights -of -way shall be approved by the appropriate jurisdiction. (6) Maintenance. The responsibility for and cost of maintenance of the greenbelt, including right -of -way and medians, and buffer areas, shall be the responsibility of the fronting property owner unless otherwise determined prior to site plan approval. (7) Corridor landscaping theme. The conceptual landscaping theme is illustrated in Figure 2. Additional intersection /entrance landscaping, which is required consistent with division VII of article V, also shall be installed. (8) Berms. Berming and mounding of the site shall utilize long and gentle slopes, As a rule, City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 192 the requirements listed below. I. Landscape design, materials and plants Additional language suggested by shall meet the , , , , , , , , , , , , , , I specifications of division VII of article V and approval of the department. The use of flowering trees that are consistent with the overall corridor landscaping theme, is encouraged. 2. Landscaped areas shall be regularly maintained in a neat, orderly and healthy appearance consistent with section 170. f. Prohibited elements. The following elements are prohibited within the boulevard greenbelt: chain -link fences in public view, unfinished concrete or concrete masonry walls excluding architectural concrete, dumpsters, trash receptacles excluding city- approved street furniture, artificial plants or turf, decorative or commercial display objects, visible neon, elements with highly reflective or bright colored surfaces and other objects which are frivolous, distracting or not in harmony with the overlay landscape and design goals. g. Transit stops. Transit stops, where applicable, shall be provided by the property owner within the boulevard greenbelt. These transit stops shall provide a 144 -foot taper in and out of the travel lane, on either side of a 12 -foot by 50 -foot transit vehicle stall. Transit stops shall include accessory structures such as kiosks, sheltered benches or other features. (12) Pedestrian and bicycle facilities. a. Facilities. Facilities for bicycles and pedestrians shall be provided along and within the corridor. These facilities shall be designed consistent with the standards adopted by the American Association of State Highway and Transportation Officials or other applicable agency. b. Parkway pathway. Within the parkway, a continuous, interconnected pathway at least 12 feet wide subject to the following: Section amended: allows the pathways to meander through the parkway, rather than be located at least 40 feet from edge of right -of -way. I. the overall intent to maintain existing native vegetation 2. the overall intent to re- establish native vegetation; City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 194 3. to allow pathways to meander within the Additional language ,proposed by required 55 feet Councilman Sabatello. corridor area, provided the pathways are located at least ten ( 10) feet from the edge of curbine or pavement, as determined by the city engineer: 4. to generally maintain a pathway located as far as possible from vehicular traffic; and 5. to allow installation of amenities such as benches, fountains, and arbors which enhance the pathway. This requirement shall be applied to adjacent properties not located with the parkway, as permitted by right -of -way and easement widths, to allow extension of the pathways. C. Shade trees. The pathway shall be landscaped with shade trees to provide a continuous canopy. These shade trees shall be supplemented with ground cover to provide visual and physical buffers between traffic and pedestrians. d. Street furniture. A bench or resting place shall be provided every 800 feet along the pathway. Every mile, further amenities such as drinking fountains, benches and shelters or kiosks shall be provided and are encouraged to be supplemented with small open spaces, (h) Building design guidelines. (1) General design. a. General design. Buildings shall be designed to be compatible with the surrounding environment, both manmade and natural. A building shall provide a positive impact on the surrounding environment. b. Visible facades. All building facades visible from public rights -of -way and adjacent properties shall be designed to create a harmonious effect with its surroundings. This should not be construed as creating look -alike buildings. Harmony shall be achieved through the proper use of scale, proportions, form, materials, texture, anc color. C. Unity of character and design. Buildings or structures which are part of an City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 195 (a) Value. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species and environmentally significant lands on site. (b) . Mitigation. If listed species do not exist on the site, or on -site preservation would yield a preserve area that is less than the preferred minimum of ten acres, or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the city council is may be implemented EChanges:t(o language per discussion with consistent with section 118. (1) Minimum preservation area. A .,_...... _.. r_. _-- ­1V ..,b. .,, --' ..,....�,.. r , preserve. and ground cover, such as sand pine Scrub, xeric oak forest, hardwood hammock, and pirre flatwoods, sha" be set aside as a A preserve area consistent with section 1 16 shall be the basis for any consideration of mitigation of minimum preserve area requirements. (2) Preservation area alternatives. The city council may consider alternatives to on -site preservation in the following circumstances: a. the quality of habitat on any size parcel does not warrant preservation of environmentally sensitive land by reason of invasion of nonnative or exotic species, prior alteration or disturbance of vegetation, alterations to land which have changed the hydroperiod, alterations to land which have changed drainage patterns, or similar circumstances; b. preservation of such habitat is not otherwise required by city policy, these land development regulations, or other applicable codes; and c. environmentally sensitive land or upland habitat of equivalent type and area is available for preservation elsewhere in the city. Based upon one or more of the circumstances listed above, the environmental assessment, and related information, the city council may authorize off -site preservation or mitigation of similar environmental communities. Funds for acquisition, mitigation, and maintenance shall be provided by the applicant. Funds shall be paid prior to issuance of a land alteration permit, unless otherwise provided by the city council. Off -site preservation and mitigation may be required at a rate that exceeds the normal 25% preservation requirement in order to compensate for loss of environmentally sensitive lands or upland habitat. (3) Wetlands. a. Preservation. Wetlands are to be preserved and development activity is not allowed in wetlands, except under the following circumstances, consistent with City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 213 adopted Treasure Coast Regional Planning Council policies as indicated below. I. Such an activity is necessary to prevent or eliminate a public hazard. 2. Such an activity would provide direct public benefits which would exceed those lost as a result of the development or modification of the wetland areas. 3. Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored. 4. Due to the unique geometry of the site, it is the unavoidable consequence of development for uses which are appropriate, given site characteristics. 5. The functions and values provided by wetland habitats to be destroyed are already completely and fully replaced prior to occurrence of the proposed impact to existing habitat. b. Density transfers. Wetlands shall be protected Changed per discussions with City staff. by a density traiisfer program use of clusterinq or similar site development techniques to transfer development to upland areas on the same site. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands, Development activities within wetland areas shall: I. occur at a density of no more than one dwelling unit per five acres; 2. be clustered to the least environmentally sensitive portion of the site; and 3. include design considerations to protect the wetland functions of the rest of the site. (4) Listed species. For a site on which listed species are known or suspected to be present, one or more of the criteria listed below shall be satisfied. a. The applicant successfully demonstrates that the proposed action will not preclude the continued survival and viability of those listed species located on the site. b. The applicant presents a plan for relocation, either on site or off site, for those listed species, which has been reviewed and approved by all agencies possessing City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 214 C . A management plan, approved by the city, shall be incorporated into the association documents prior to final approval of construction drawings or commencement of land alteration, whichever occurs first. Sec. 118. Alternative forms of mitigation. (a) Purpose and intent. The purpose and intent of allowing the approval of an alternative form of mitigation is to provide a public benefit to the city that equals or exceeds the expected benefit that would have been derived from on -site preservation. (b) Alternative mitigation programs. Alternative forms of mitigation that may be approved by the city include, but shall not be limited to, the programs listed below. ( I) Off -site preservation. Off -site preservation of environmentally significant habitat equal to or greater in size than the requirement stated in subsection 1 14. (2) Payment in lieu of preservation. a. Cash payments in lieu of preservation of environmentally significant land, based on appraised land value and as determined by the city council, shall be made to a city fund established for the acquisition of land containing similar native vegetation, other environmentally significant lands, or any ecological or environmental improvements to public lands. b. The beautification and environmental committee shall provide recommendations to the city council for use of funds obtained in lieu of preservation of environmentally significant lands, C. The total sum of money Per City Council direction, requires land required in lieu of value to reflect development approvals preservation of granted by the City. environmentally significant lands shall be determined by the amount of land normally required for preservation and the location thereof. The value thereof shall be determined by two property appraisers, who are members of the appraisal institute (MAI). One appraiser is to be appointed by the city and the other by the developer. Each party shall bear the expense of the respective appraiser appointed. Both appraisals shall meet appropriate city standards, The amount of money determined by averaging the two appraisals shall be paid by the developer to the city at the time of final development order approval by the city council or as the city council may authorize. Value of the land shall reflect development approvals granted by the city. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 221 (3) Environmental restoration or creation. Restoration, reestablishment, or creation of artificial Change per discussion with City staff. environments which may occur within or outside the limits of a proposed development. The applicant shall provide evidence that such mitigation will be beneficial to species designated as endangered, threatened, or species of special concern. The applicant also must demonstrate the area to be improved is equal to at least 100 percent of the preservation area reqUirennentfortlie required by these land development regulations. Sec. 1 19. Removal of invasive nonnative plants and vegetation relocation. Nonnative plants and vegetation relocation. The standards listed below shall apply to invasive nonnative plant species and to vegetation relocation. (I) Nonnative species prohibited. The installation of invasive nonnative species into any preserve area in the city is prohibited. (2) Removal. Prior to the issuance of the first certificate of occupancy, all invasive nonnative plant species, as defined in section 159, shall be removed from the entire site, including the preserve area. (3) Verification of removal. A certificate of occupancy or other official acceptance of completed work shall not be issued until all required removal of invasive species has been completed and is in accordance with the approved development order or management plan. (4) Removal of native vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on -site is encouraged to be offered for donation or to be sold by the applicant. Division V. Public Places Subdivision I. Art in Public Places City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 ` * *� (2) bunting, pennants, streamers, banners, and other similar signs or Language added per City Staff.. devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures, provided, however, the city council may approve the use of Dole- mounted banners. (3) murals; (4) painted wall signs; (5) flags, unless otherwise allowed by section 138(d); (6) changeable copy signs, excluding changeable copy signs related to the sale of gasoline; (7) signs with extruded figures or elements; (8) portable signs; (9) roof signs; (10) balloons or balloon signs: (11) copies or imitations of official signs; (12) illuminated tubing or strings of light which outline and draw attention to property lines, roof lines, open sales areas, windows, or walls, excluding decorative white lighting located in landscaped areas; (13) exposed neon tubing; (14) beacons or searchlights; (IS) signs attached to an accessory structure; (16) signs which emit sounds; (17) neon signs, unless otherwise provided herein; (18) signs which emit visible smoke, vapor particles, or odor; (19) sandwich board or "A" frame signs; City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 233 Sign Typo? permitted Max. Max. Maximum Maximum Other Limits Zoning Size # of Number Dimensions Districts (Sq. Sign (I ) Feet) Faces =1at/Wall Nonresidential (3) 1 1 for parcel N o n e iign for with at least ■Sign shall not be 'rincipal 100 lineal feet located more structure or 'rincipal of ROW than 3 feet abme f6u th Tenant floor liima' or abuse t1he buil�bog ppe t. ■ Sign letters shall not. exceed 36 inches in height. *Stgl-M 31 1311 1 lot be rota"ed above b ■ Sign for building and tenant identification purposes. ■NMT I name or message may be included. Each principal structure is allowed a flat or wall sign. ■ Wall sign cannot exceed more than 70% of the surface area to which attached. (3) Flat/Wall Sign Nonresidential NMT I I per tenant None ■Sign must face ROW ,or Ground 5% of space or bay or primary entrance. Floor Users area of ■Uniforrn type, color, elevation material, shape & of tenant style. space or ■Letters NMT 24 bay inches. ■ Max. 2 lines of copy. ■ Signs shall not be located above second floor line or above building parapet. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 235 Sec. 148. Administrative approval. (a) Permitted administrative approvals. The following actions may be approved by the growth management director or designee upon request for a permit, Administrative approvals may include conditions of approval, as deemed necessary to meet the intent of a development order. (I) Clearing and grubbing. Clearing, grubbing, root Changes added for clarification. pruning, or removal and relocation of trees or other vegetation pursuant to an approved site plan or other development ordei or inclusion as common elements within an approved planned development district master plan. Vegetation clearing will not be permitted until a written land clearing permit is issued and the permit fee is paid. (z) Removal and replacement. Removing and replacing dead, diseased, damaged, or insect- infested vegetation, including trees. (3) Hazards. Removing or relocating vegetation, including trees, that are a hazard to existing buildings, utilities, infrastructure or within a road right -of -way. (4) Health and safety threats. Removing vegetation, including trees that may cause a health or safety problem. (5) Minor alterations. a. Minor alterations or changes to approved landscape plans, or minor alterations to existing landscaping if an approved landscape plan is not on file with the city, within all districts to improve or remove proposed or existing landscape. Minor alterations shall be defined as a change of type, quantity, or location that affects not more than a combined total of 25 percent of shrubs, groundcover, palms, or trees on a site. b. Developers shall submit construction plans that are consistent with the approved landscape plan of record. The city recognizes that adjustments to approved landscape plans may be necessary, due to changes to utility locations or due to plant material availability. Minor changes, as described above, shall be approved by the growth management director or designee and properly documented in city records. (6) Fences. Installations of fences, if no expansion of an existing or proposed use is intended. City of Palm Beach Gardens/Land Development Regulations Public Hearing Draft —June 2000 256 (b) Phasing. Permits for land clearing may be phased, depending on the project design. (C) Conditions. Permits for land clearing may Shall have conditions of approval imposed by the city. FAdded City Staff. Language proposed The conditions o f approval impact of clearing on adjacent addressed in a clearinq permit may j include the following: hours and days of operation, dust and particulate matter control, and control of rodents, vermin, and other nuisances that may be created by the clearing, Sec. 154. Minimum landscape requirements for nonresidential development. (a) Minimum open space requirements. The minimum open space requirement for all new nonresidential development shall be 15 percent, or a greater amount if required by these land development regulations. (b) Minimum landscape requirements. Not more than 40 percent of the total landscape area shall be covered with sod or grass. Those projects proposing playgrounds, ballfields, golf courses, dry detention areas or similar uses may subtract the open space square footage of these grassy areas from the landscape area calculation for a corrected total. (C) Minimum landscape points. Tables 25 and 26 shall be used to determine the minimum landscape points per open space a project shall be required to provide. Achieving the minimum open space landscape point requirement does not exempt a project from compliance with other requirements of this division. Table 25. Minimum Landscape Requirements . Nonresidential Development Open Space Provided* Points per 100 Square Feet < 15% 22 16% 21 17% 20 18% 19 City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 260 (f) Hedges and berms. The perimeter of vehicle use areas FLangdagtpd#ftieddifiggest4tJed by nhii44inn ni ihlir rnnrl r;Rh +C_/1f ,A,.,W Councilman Sabatello. including driveways to parking IOLZI, shall include a continuous berm and hedge. The berm shall be constructed at a minimum elevation of two (2) feet above the grade of the parking lot, and the hedge shall be maintained at a minimum height of three (3) feet at maturity. (g) Multilevel parking garages. Multilevel parking garages shall have planters installed to permit installation of trees on the top level of the structure. These areas shall apply toward the required points per open space. The top parking area shall have trees as required in section 154. (h) Grass parking. Grass parking shall be required to meet the same standards as established herein. (i) Maintenance. Regular maintenance of vehicular use areas adjacent to all landscape areas shall include replacement of broken curbs or curb stops as needed to keep the general appearance in good condition and safe. (j) Visibility triangles. When a point of driveway or other point of ingress or egress intersects a public right -of -way or when the subject property abuts the intersection of two or more public rights -of -way, all landscaping within the areas described in subsections (a) and (b) of this section shall allow visibility between 30 inches above the established grade and six feet above the established grade. However, trees or palms shall be permitted such area, provided they are trimmed so as to allow visibility at the levels indicated in above, and further provided the palms or trees are located so as not to create a traffic hazard. This visibility area shall be provided as indicated below. (1) Intersection with public right -of -way. The area of property on both sides of a driveway formed by the intersection of each side of the driveway and the public right -of -way line for a distance of 15 feet in length and five feet in width along the public right -of -way. (2) Intersections of rights -of -way. The area of property located at a corner formed by the intersection of two or more public rights -of -way with two sides of the triangular area being 20 feet in length along the abutting public rights -of -way measured from their point of intersection and the third side being a line connecting the ends of the other two lines. Sec. 157. Preserve areas. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 267 business, industrial, manufacturing, storage, warehousing, processing, offices, hotels, hospitals, airports, railroad terminals, and similar uses as may be required by the growth management director. Not withstanding the requirements provided herein, structures less than 10,000 square feet may provide a loading space of a size and at such location as is consistent with the use of the structure. Table 34L Changed per P &Z discussion. Required Off- Street Loading Spaces Size (Gross Square Feet) Number of Spaces — — — — - - - -- Commercial/ Office Industrial 0 to 10,000 I I 10,00 1 to 50,000 2 50,00 1 to 100,000 2 3 Each additional 100,000 0.5 Note. *Size and location to be determined during site plan review. (b) Exceptions. Hotels shall be provided loading spaces based upon the number of rooms, An application for development order approval for a hotel, or which includes a hotel, shall provide a study documenting the number of loading spaces to be provided. Sec. 186. Cooperative establishment and use of facilities. (a) Establishment. Two or more neighboring uses may establish common off - street loading facilities, subject to approval by the city council. The total number of common off - street loading spaces shall not be less than the number required for individual users, unless otherwise approved by the city council. Criteria for reduction in the total number of off - street loading spaces include the following: (1) times of usage of the truck loading facilities by the individual users; (2) the location of the proposed common facilities; and (3) the character of the merchandise involved. (b) Other requirements. In order to establish common off - street loading facilities, the standards listed below are applicable. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 309 (b) County road plan. When the county thoroughfare improvement map indicates long range plans for realignment or widening a street. (c) City comprehensive plan. When the city's comprehensive plan or zoning regulations indicate long range plans for realignment or widening a street. Subdivision V Drainage and Stormwater Management Sec. 263. General requirements. (a) Design and installation. Each new development shall include a stormwater management system designed and installed that provides for pollution abatement and protection from flooding. Pollution abatement shall be accomplished by retention, detention, or other means, according to applicable regulations of the SFWMD, and as required by the city engineer. All project designs shall accommodate any "pass through" drainage as required from a basin analysis. Lb) Maintenance. Each new residential or nonresidential Additional language suggested by development approval following the Councilman Sabatello. effective date of these land development regulations shall provide, in a form acceptable to the city attorney, for the perpetual maintenance of all drainage and stormwater management systems. Sec. 264. Disposition of stormwater runoff. (a) All developments shall treat stormwater runoff as required by the SFWMD, as provided in section 263 herein. Treatment of stormwater runoff shall occur through one of the methods listed below. (1) Retention. Retention is defined as allowing no surface discharge. (2) Detention. Detention is defined as allowing delayed surface discharge prior to release. (3) Other. Other means that may be approved by the SFWMD and the city. (b) Allowable stormwater discharge. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 363 (d) Dedication. The responsible party shall dedicate, by fee simple title, by drainage easement, by conservation easement, or other means acceptable to the city, land on both sides of existing canals or watercourses, to a distance to be determined by the city. (e) Surface water management areas. Low -lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as surface water management ways. Surface water management areas subject to periodic flooding shall not be included in land area necessary to comply with minimum lot dimensional requirements. Sec. 282. Lake maintenance tracts. (a) Purpose. A lake maintenance tract shall be provided along the edge of all permanent lakes and water bodies included in a subdivision or plat as a common feature. The purpose of the tract is to provide permanent access for all operational, repair, or maintenance activities related to such water bodies. (b) Creation as a separate tract. Within all subdivisions or plats, a lake maintenance tract shall be created as a separate parcel around all lakes and water bodies created as a Clarification. Allows City Council the flexibility to allow construction of permanent improvements within a portion of a lake maintenance tract. common feature. However, the city council may approve a reduction in the required lake maintenance tract to allow such improvements as the installation of permanent recreational facilities. (c) Minimum dimensions. A lake maintenance tract shall be at least 20 feet wide, with a minimum slope of 8: 1 or as required by the city engineer. (d) Access to lake maintenance tract. In addition to creation of separate lake maintenance tracts, each subdivision or plat shall create a permanent means of access to such tracts. The access shall be provided in a manner acceptable to the city engineer. (e) Improvements prohibited. Owners of property abutting a lake maintenance tract are prohibited from installation of permanent improvements within a lake maintenance easement. The easement holder may allow, subject to removal agreements, the installation of nonpermanent improvements such as recreational equipment, excluding pools; landscaping; and similar improvements which can be easily moved to allow maintenance and repair activities. Subdivision X. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft -June 2000 373 Dedication means a conveyance of land to the public for a specified public purpose made by written instrument and accepted by a governmental agency. Density means a measure of the intensity of land use and development per unit area of land, usually expressed as the number of dwelling units per gross acre. Department means the growth management department of the city. Department store means an establishment which sells a wide range of goods and services to the public, including but not necessarily limited to apparel, household and major appliances, linens, china and other household items, consumer electronics items, furniture, jewelry, shoes, sporting goods, specialty food items, travel services, optometrist services and eyeglasses, entertainment event ticketing, and other similar goods and services, and where the following conditions generally are present: sales are conducted within a single building or accessory structure to a single building; floor areas are divided into departments according to category of merchandise being sold; salespersons are employed to enter sales into cash registers and to assist the public within each department: and the cash registers or actual points of sale are distributed throughout the store, usually with one or more points of sale within each individual merchandise department. Developer means a person, partnership, corporation or other legal entity or a duly authorized agent who undertakes the development of land pursuant to these regulations. Developer agreement means an agreement entered into by a developer, the city, or other relevant parties, pursuant to Chapter 163, Florida Statutes or Chapter 380, Florida Statutes. Development means the carrying out of any building activity, the making of any Changes portion of definition of material change in the use or appearance of development from 3 to 2 parcels. _ any structure or land, or the dividing of land into two or more Qarcels. Development order application means a form provided by the growth management department that is to be completed and submitted to the growth management department in order for a project to be reviewed and considered by the city pursuant to development review procedures as provided in these land development regulations. City of Palm Beach Gardens /Land Development Regulations Public Hearing Draft—June 2000 424 City Council Meeting Date: July 20, 2000 Date Prepared: June 26, 2000 Petition MISC -00 -08 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 20, 2000 Date Prepared: June 26, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval: Resolution 42, 2000, a request for site plan approval for a proposed sales center and a gatehouse located in the Golf Digest (Mirasol) Planned Community Development (PCD) along PGA Blvd. The gross acreage of the sales center site is approximately 2.42 acres, with 5,875 square feet of gross building area. The gatehouse consists of 658 square feet and is located immediately south of the sales center and within the right -of- way of Spine Road. RECOMMENDATION: Staff recommends approval of Resolution 42, 2000, with conditions. Reviewed by: Originating Dept.: c o s t s : $ Council Action: Total City Attorney' Growth Management [ ]Approved Finance NA � $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Resolution 42, 2000 Paper. [ ]Other Site plan Landscape plan Architectural renderings • Golf Digest PCD site plan • Arial map Staff comments �ZOOQ ed [X] Not Required Growth Management it c� tof Affected parties Budget AQCt. #:: Approved by: [ ] Notified ] None City Manager [X] Not required City Council Meeting Date: July 20, 2000 Date Prepared: June 26,2000 Petition MISC -00 -08 REQUEST: Urban Design Studio, agent, has requested on behalf of TWC /Golf Digest, Ltd., City Council approval of a site plan for a sales center and a gatehouse at the Golf Digest site. Golf Digest is located along PGA Blvd., immediately west of the Florida Turnpike, and is bounded to the north by Hood Road. Condition # 4 of Ordinance 8, 2000 states that the gatehouse and sales center shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The condition further states that the sales center is limited to sales and re -sales of homes within Golf Digest PCD. BACKGROUND: The Golf Digest PCD was created by Ordinance 21, 1998, and approved 2,145 residential units, 105,000 square feet (S.F.) of office, 50,000 S.F. of commercial, a golf campus with training center, golf clubhouse amenities and maintenance facilities, two 18 -hole championship courses and a 9 -hole par 3 short course, 10,000 S.F. of community facility space, a city fire /police station and 15 -acre city park, a 32 -acre elementary and middle school site, and over 800 acres of wetland and upland preserves. The 2,305 -acre site is located north of PGA Blvd, west of Florida Turnpike, east of the Loxahatchee Slough and south of Hood Road. The Golf Digest PCD was recently amended and adopted by Ordinance 8, 2000. The modifications were adopted by the City Council on May 18, 2000. The project is now known as Mirasol. (3, 4 &5- 42S-42E and 32, 33 &34 -41S -42E) LAND USE & ZONING: The land use designation and zoning classification of the entire Golf Digest development as reflected on the City's Future Land Use and Zoning Maps are Residential Low (RL) and PCD, respectively. The subject site's land use designation is Residential Low and the zoning classification is PCD. The parcel under review is designated as Sales Center /Gatehouse on the Master Plan of the PCD. The following tables illustrate the adjacent uses, land use designations, zoning districts, and site analysis: ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, & SITE ANALYSIS EXISTING USE , ZONING LAND USE Subject Property PCD /Sales Center /Gatehouse Residential Low Vacant North PCD Residential Low Proposed lake and preserve area South PCD Residential Low Southwest community collector roadway/golf West PCD Residential Low Lake/ golf East PCD Residential Low Lake /preserve 2 City Council Meeting Date: July 20, 2000 Date Prepared: June 26, 2000 Petition MISC -00 -08 CONSISTENCY WITH CODE Consistent Code Requirement Proposed Plan Yes PCD- Planned Community District Sales center/ gatehouse Yes Lot Coverage- 35% 6.7% No* Parking: (1 space /300 sq. ft), 22 spaces 53 spaces (130% over the minimum required number of parking) Yes, Number of Loading spaces and size- one 1 space with 12'x35' dimensions with 12'x35' dimensions No* Parking stalls dimensions : 10'X18.5' 9'X18.5' No* Bicycle Parking: 5% of required None parking spaces ones ace SETBACKS Yes Front: 50 187' Yes Side: 15' S4' (shortest distance) Yes Rear: 15' 20 Yes Building height: 36' 25.7' (sales center), 36' (guardhouse) Yes Open space: 10% 53% Yes Specialty avers: Allowed Specialty avers proposed N/A Ground sign: 300 -foot frontage Request for ground sign at site entrance will be submitted subsequent to this petition waiver Kequested PROCEDURE: This is a request for a site plan review within a PCD by the City Council. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. A public hearing is not required. PROJECT DETAILS: The applicant proposes to construct a sales center with 5,875 square feet and a gatehouse with 658 square feet. The center is limited to only 6,000 square feet per Master Plan of the Golf Digest PCD. The acreage of the site is approximately 2.4 acres. It is located immediately adjacent to the western boundary of Preserve I along Spine Road (private) and two lakes bound it to the east and west. The gatehouse is adjacent to the sales center and is located within the right -of -way of a private roadway (Spine Road). Gates are also proposed at the gatehouse, but visitors will be able to enter the sales center without going through the proposed gates. Visitors will be escorted and transported by sales personnel throughout the site. Site Access: The sales center site will be accessed through a driveway off of Spine Road, which leads south to PGA Boulevard. The gatehouse is within the right -of -way of Spine Road and is accessed along the same roadway. 3 City Council Meeting Date: July 20, 2000 Date Prepared: June 26, 2000 Petition MISC -00 -08 Siznaze: The applicant proposes a ground sign at the entrance (driveway) of the sales center. The location of the sign is dedicated on the site plan, but no sign renderings or details have been provided to staff. The applicant will provide detailed sign plans subsequent to this petition for the City Council review and approval. Phasing: The proposed development will be constructed in a single phase. Architecture: The architectural design of the sales center and gatehouse is elaborate and contains extensive architectural details, such as central features consisting of columns and arches. The columns contain fine details made of pre -cast concrete. The material to be used for the rooftops of both structures is Mission Barrel tile. All elevations have been treated equally. WAIVF,RC- The applicant has submitted three waiver requests and justification statements. Staff supports all three waivers, which are as follows: A waiver to allow parking stall dimensions with (9X18.5) feet, instead of the required (10X18.5) feet, per Section 179(L)(1)a. The applicant has submitted calculations and an alternate parking plan with the required number of parking spaces and dimensions demonstrating that the reduction in the paved area is matched by equal or greater increase in the amount of landscaped open space in or around the parking area. The required landscaped area is 35 %, but the proposed plan and the provided calculations demonstrate that 53% of the site has been landscaped. The applicant has justified the waiver based on the following reason. The sales center is the primary source for sales and re -sales of homes within the development. Accordingly, the petitioner needs to provide additional parking, according to the applicant, over and beyond the required number of 22 parking spaces based on previous experiences the petitioner has had with similar developments. The applicant proposes to provide 130% or 3 1 parking spaces over and beyond the required number. Therefore, reducing the size of the parking stall dimensions would lessen the feeling of pavement area. Staff supports the waiver because the applicant has met the criteria for the requested waiver specified in Section 179(L)( 1)a. A waiver to permit the applicant not to provide bicycle parking spaces on site. Section 207 of the City Code requires the applicant to provide bicycle parking at least 5% of the required vehicular parking. The applicant is required by Code to provide one bicycle parking space. The applicant has justified the waiver on the basis that the petitioner does not expect any bicycle traffic. The justification is that it is unlikely that potential customers for high quality housing will be approaching the site on bicycles. 4 City Council Meeting Date: July 20, 2000 Date Prepared: June 26,2000 Petition MISC -00.08 The applicant has provided an adequate justification. Staff supports the waiver, since it is only for one bicycle parking. A waiver to allow an increase in the number of parking spaces over and beyond the minimum required number by Code, which is 22 parking spaces. The applicant proposes to provide 31 additional parking spaces, which represents an increase of 130% of the required number. The applicant has justified the request for the waiver on previous experiences of the petitioner with similar type of developments where additional parking over and beyond the minimum required was needed. Even thought additional parking is requested and needed, the amount of open space provided is 53% whereas the required amount is only 10% of the gross square footage of the site. The applicant has provided an adequate justification, but no documentation demonstrating the need for additional parking has been provided. Section 180(d)(3) of the City Code permits an increase in the number of parking spaces equal to or greater than 10% of the minimum required parking provided a waiver is granted by the City Council. Staff supports the requested waiver since the applicant has demonstrated that other minimum standards of the Code have been exceeded. In this case, open space and landscaping requirements have been exceeded. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC_Z To date, no objections have been received from the following departments and agencies: Building Division, Police Department, Fire Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, and Florida Power & Light. However, a few concerns have been raised by Seacoast Utility Authority and the City Engineer's office, which the applicant has not adequately addressed or unable to do so at this time. These concerns have been incorporated into the conditions of approval of the site plan. Please see staff comments attached. As of the date of this report, City staff has received no public comment on this project. RECOMMENDATION: Staff recommends approval of petition MISC -00 -08 with the following conditions of approval and waivers: A. Conditions: 1. The petitioner must dedicate and plat the entrance roads to the project (Jog Road and Spine Road) prior to construction plan approval of the project to ensure legal access to the subject site. (Engineering) City Council Meeting Date: July 20, 2000 Date Prepared: June 26,2000 Petition MISC -00 -08 2. Prior to construction plan approval, the petitioner must obtain appropriate approvals from utility owners for horizontal construction and landscaping within the utility easement. (Engineering) 3. Prior to construction plan approval, the petitioner shall revise the Wastewater Collection and Water Distribution Plans to provide a minimum 18 -inch cover between the water line and the sewer line. (Engineering) 4. All gates that are not manned 24 -hours shall be equipped with a Knox key switch to provide emergency access for fire rescue. (Fire Marshal and Development Compliance Officer) 5. The use of the subject site shall be limited to sales and re -sales of homes within the Golf Digest (Mirasol) PCD. (Planning and Code Enforcement) 6. The approval of this project shall not include approval of signage. The petitioner shall submit a separate petition for signage subsequent to this petition for review and approval by the Planning and Zoning Commission and the City Council. (Planning) B. Waivers: A waiver to allow parking stall dimensions with (9X18.5) feet, instead of the required (10X1 8.5) feet, per Section 179(L)(1)a. A waiver to permit the applicant not to provide bicycle parking spaces on site, which is required by Section 207 of the City Code. A waiver to allow an increase in the number of parking spaces over and beyond the minimum required number by Section 180(a) of the City Code. The required number of parking spaces by Code is 22. However, the proposed number is 53, which 130% of the required number of parking spaces. The waiver is requested for 31 additional parking spaces. G /Talal/talal- MISC- 00- 08 -str 6 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; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a site plan for the construction of a sales center with 5,875 square feet and a gatehouse with 658 square feet located within the Golf Digest (Mirasol) PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks three waivers to allow 53 parking spaces with stall dimensions of 9X1 8.5 feet, to waive the bicycle parking requirement for one bicycle parking space, and to provide 31 additional vehicular parking spaces; and WHEREAS, the 2.4 -acre site is currently zoned Planned Community District (PCD) with an underlying zoning of Sales Center /gatehouse, and a future land use of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the site plan for a sales center and a guardhouse. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a sales center with 5,875 square feet and a gatehouse with 658 square feet, for a total square footage of 6,533 square feet. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. The petitioner must plat and dedicate the entrance roads to the project (Jog Road and Spine Road) prior to construction plan approval of the project to ensure legal access to the subject site. (Engineering) 2. Prior to construction plan approval, the petitioner must obtain appropriate approvals from utility owners for horizontal construction and landscaping within the utility easement. (Engineering) 3. Prior to construction plan approval, the petitioner shall revise the Wastewater Collection and Water Distribution Plans to provide a minimum 18 -inch cover between the water line and the sewer line. (Engineering) 4. All gates that are not manned 24 -hours shall be equipped with a Knox key switch to provide emergency access for fire rescue. (Fire Marshal and Development Compliance Officer) 5. The use of the subject site shall be limited to sales and re -sales of homes within the Golf Digest (Mirasol) PCD. (Planning and Code Enforcement) 6. The approval of this project shall not include approval of signage. The petitioner shall submit a separate petition for signage subsequent to this petition for review and approval by the Planning and Zoning Commission and the City Council. (Planning) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following three waivers with this approval: 1. A waiver to allow parking stall dimensions with 9X1 8.5 feet, instead of the required 10X18.5 feet, per Section 179(L)(1)a of the City Code. 2. A waiver from the requirement to provide one bicycle parking space on site, per Section 207 of the City Code. 3. A waiver to allow an increase in the number of parking spaces over and beyond the minimum number required number by Section 180(a) of the City Code. The required R number of parking spaces by Code is 22. However, the proposed number is 53, which is 130% of the required number of parking spaces. The waiver is for 31 additional parking spaces. Section 4. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan, by Sanders Planning Group, p.a., Sheet SP -1, revised on June 1, 2000; 2. Conceptual Landscape Plan, by Krent Wieland Design, INC., Sheet C -I, revised on June 6, 2000; 3. Architectural Drawings for Sales Center, by Jeffrey Ornstein, P.A., Sheets 1, 27 47 57 dated November 30, 1999 4. Architectural Drawings for Gatehouse, by Jeffrey Ornstein, P.A., Sheets 2, 47 6, dated November 30, 1999 Section 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 0 DAY F 2000. JOSEPH RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: Carol Gold, CMC,City Clerk CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO - - - VICE MAYOR JABLIN - - - COUNCILMAN SABATELLO - - - COUNCILWOMAN FURTADO - - - COUNCILMAN CLARK - - - G: Talal/talal -MI SC- 00 -08 -re 9 I - - GOLF DIGEST SALES CENTER EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND S I TUATE I N SECT ION 4, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AT FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTil 01' 54'0 7 EAST, ALONG THE WEST LINE OF SAID SECTION 4, A DISTANCE OF 1542.70 FEET; THENCE SOUTH 88'05'53' EAST, DEPARTING SAID WEST LINE, A DISTANCE OF 2809.29 FEET TO THE POINT OF BEGINNING; THENCE NORT1 01'43'41' EAST, A DISTANCE OF 232.73 FEET; THENCE NORTH 66'34'02' EAST, A DISTANCE OF .2-49.81 FEET; THENCE SOUTH 38'39'52' EAST, A DISTANCE OF 265.70 FEET; THENCE SOUTH 26'10'28' WEST, A DISTANCE Or 209.41 FEET TO THE POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 560.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 20'49'47' WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVL THROUGH A CENTRAL ANGLE OF 23' 07' 34` , AN ARC DISTANCE OF 221.99 FEET TO THE POINT OF TANGENCY; THENCE NORTH 84'17'47' WEST, A DISTANCE OF 13 .44 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 500.00 FEET; THENCE WESTERLY ALONG THE ARC OF SA II; CURVE THROUGH A CENTRAL ANGLE OF 09' 29' 41 " , AN ARC DISTANCE OF 82.86 FEET TO THE POINT OF BEGINNING. CONTAINING 105,490-38 SQUARE FEET OR 2.42 ACRES, MORE OR LESS. v , IM Will r b a - I I � Zvi 7� rL�Gr1f,RII@S� 2=1 A m O T O w -S kn4 KA 4 rI "'4t* . I'f Rk 4A MAC V Z Gott gest PUL X Di R Beach Gardens, Florida Zea Aerial 11A�r� - 7111 'g 1 aE0019 MEM -..j Memo to File From: Mark Hendrickson, City Forester I9l Subject: MISC- 00 -08, Golf Digest Sales Center Date: June 28, 2000 I have reviewed the above - referenced petition's sales center landscape plan and spine road landscape plan submitted April 11, 2000. I have no problem with the proposal. I recommend approval of the site plan, which proposes the nine (9) foot wide parking spaces due to the increased open space created (rather than the ten foot). I propose no conditions, at this time. J' r w� IY4 M CO-VI Ce rws . r—N CRY OF PALM BEACH Ir GARDE MEMORANDUM TO: TaIA Benothman, Senior Planner DATE: FROM: Scott Fetterman, Asst. Chief / Fire Marshal SUBJECT: (Golf Digest Sales Center & Guardhouse) 6, 2000 The Fire Rescue Department has reviewed the above referenced development application and has the following comments and concerns: The drive isles next to the guardhouse are proposed to be 10 ft. wide. The isles need to be a minimum of 12 ft. wide to accommodate fire apparatus. A11 gates that are not manned 24 hrs. shall be equipped with a Knox key switch to rovide emergency access for fire rescue. (S.F.P.C. 602.6.7) Thank you for your consideration in this matter. Please contact me if you have any questions. SAF:saf CITY OF PALM BEACH GARDENS MEMORANDUM TO: Talal Benothman, Senior Planner ATE: July 10, 2000 APPROVED: FROM: Scott Fetterman, Asst. Chief / Fire Marshal SUBJECT: Golf Digest, Entrance Gates The Fire Rescue Department has reviewed and discussed our concerns with Ann Booth of Urban Design and no longer has any adverse comments or concerns. The curbing adds an additional 3 -ft. in width to the drive isles. Thank you for your consideration in this matter. Please contact me if you have any questions or any future changes are proposed. C� INC CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners For Results Value by Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh.com MEMORANDUM We have reviewed our May 24, 2000 memorandum and have made revisions to comment no. 6 to address the legal access requirements. The following comments are based on our May 24, 2000 memorandum: ®1. Previously Satisfied. �. Previously Satisfied. ..4. Previously Satisfied. Not Satisfied. We have received a copy of the Lighting Plan. The lighting plan shows the light pole located within the drainage easement as discussed in comment no. 10 of our March 8, 2000 memorandum. The applicant needs to revised the lighting plan to match the revised site plan, which shows the light pole located outside of the drainage easement. 5. Previously Satisfied. ,..A. t Satisfied. The entrance roads to the project (i.e. Jog Road and -�A t e spine road) needs to be platted and dedicated prior to OVA construction plan approval in order to assure that this project has 6t legal access.- These roads will need to be constructed prior to the issuance of te certificate of occupancy for this project. 7. Conditionally Satisfied. The applicant has submitted a wavier ol request to the City Council for 9 -foot wide parking spaces. S. Previously Satisfied. 9. Previously Satisfied. TO: Talal Benothman Gty of P 9.. Gardens JUN' n 2000 FROM: Sean C. Donahue, P.E. GROWTH MANAGEMENT DEPARTMENT DATE: June 23, 2000 .y FILE NO.: 00 -4 12 1 (NUSC- 00 -08) SUBJECT: Golf Digest Sales Center /Gatehouse We have reviewed our May 24, 2000 memorandum and have made revisions to comment no. 6 to address the legal access requirements. The following comments are based on our May 24, 2000 memorandum: ®1. Previously Satisfied. �. Previously Satisfied. ..4. Previously Satisfied. Not Satisfied. We have received a copy of the Lighting Plan. The lighting plan shows the light pole located within the drainage easement as discussed in comment no. 10 of our March 8, 2000 memorandum. The applicant needs to revised the lighting plan to match the revised site plan, which shows the light pole located outside of the drainage easement. 5. Previously Satisfied. ,..A. t Satisfied. The entrance roads to the project (i.e. Jog Road and -�A t e spine road) needs to be platted and dedicated prior to OVA construction plan approval in order to assure that this project has 6t legal access.- These roads will need to be constructed prior to the issuance of te certificate of occupancy for this project. 7. Conditionally Satisfied. The applicant has submitted a wavier ol request to the City Council for 9 -foot wide parking spaces. S. Previously Satisfied. 9. Previously Satisfied. Golf Digest -Sales Center LBFH File No. 00 -4121 10. Previously Satisfied. Page 2 of 3 �11. Not Satisfied. The applicant has provided curb details, however, dthe Type "D" curb needs to meet the minimum FDOT standards, an 6 -inch top width, 8 -inch bottom width, 18 -inch depth, and 6- inches above the pavement 12. Previously Satisfied. Conditionally Satisfied. The applicant has submitted a wavier request to the City Council for the bicycle parking requirement. *"Satisfied. The site plan has been revised to reflect the location of handicap access ramps and paver cross walks. Conditionally Satisfied. The applicant has shovMstop bars and stop signs on the site plans. These signs as well as other directional signage will be evaluated during the construction plan review phase. 16. 1 Not Satistied. The applicant will need to secure appropriate Of approvals from utility owners for horizontal construction and ®I landscaping within the utility easement prior to site plan approval. X ov;�A A 5 -foot deep, 26 -foot wide curbed backing space at the parking reffll La area adjacent to the west side of sales center needs to be added to the plans. The proposed angled backing space is not adequate. We have reviewed the Paving and Drainage Plans on a preliminary basis only. A through review of these plans will be gone during the Construction Plan u . ew Phase. ,�J°�°a «""` t J •4.. The Wastewater Collection and Water Distribution Plans need to be revised to include the connection to the Gatehouse, if any. -%d -t; The Wastewater Collection and Water Distribution Plans need to be revised to provide a minimum 18- inches Of cover between the water line and the sewer line. le jsfL - The location of the wastewater lines and the sewer lines on the Landscape Plans (Sales Center and Gatehouse) need to coincide with the Wastewater Collection and Water Distribution Plans. 22. We will be unable to recommend approval until all of Seacoast Utility Authority's requirements are met Golf Digest -Sales Center LBFH File No. 00 -4 12 1 Page 3 of 3 The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD/ cc: Roxanne Manning Jim Norquest PAPROJECTS\PBGMEM0\4121 \4121 d 4ph Seacoast Utility Authority �W y XECLMVE OFFICE t _d May 1, 2000 VIA FAX: 799 -4281 Mr. Talal Benothman Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE; Golf Digest Dear Mr. Benothman: f' Mailing Address. P.O. Box I0602 Palm Beach Gardens, F10flde 33470.9502 We offer the following comments on your transmittal dated April 25, 2000 coneoming the referenced project. 1. Cro1f Di eg, st Sales Center This site does not have dedicated access. The preliminary Jog Road construction plans and the proposed plat of Mirosol Plat One do not extend to the Sales Center �`'P�irvr✓ site. Geometry of legal access should be approved prior to site plan approved, t;._b.op We do not know if water and sewer infrastructure will be in place and in service prior to the opening of this proposed facility. The preliminary Jog Road water and OLP� rmva..k sewer plans do not extend to the proposed Sales Center site. 2. Golf DiLrest Parcels H and I a. These parcels do not have dedicated access. The geometry of Jog Road and Golf Digest Boulevard should be approved (not necessarily by recorded plat) prior to site plan approval for Parcels H and L Tho applicant's offer to condition parcel plat recording upon spine road plat recording is not sufficient to meet this requirement. b. The site plan for Pareol H must address how the drainage /recharge canal will be handled during development of parcel H C. The proposed side interior setbacks of all types will not apply when there is a side drainage or utility easement. N, �oy�y y /yc oOa 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 1 Executive Office (561) 627 -2900 / FAX (561) 624-2839 c%: Mr. Talal Benothman May 1, 2000 Page -2- d. `ho versions of sheet # SP -1 were included in the submittal. The vorsi0n with revisions dated March 27, 2000 should be used. Please call if you require additional information. Sincerely, S A rASTUTILITY Bruce Gregg Director of Operations ad cc: Rim Bishop Sean Donahue Jim Lance Scott Serra A� NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 357 HIATY DRIVE, PALM BEACH GARDENS. FLORIDA 334 18 . 58 1- 624 -7830 . FAX 56 f- 624 -7839 E i May l 9, 2000 Sean Donahue City of Palm Beach GardensQO�'' 10500 North 11dlitary Trail Palm Beach Gardens, FL 33410 "toG Re- Golf Digest Water Management Maintenance Easements Q Unit of Development No. 43 $ Dear Sean: We have discussed the concerns the City of Palm Beach Gardens has regarding plantings within the maintenance easements surrounding the lakes in Golf Digest with our engineers at Mock, Roos & Associates. Attached is a letter from Jeff Bergmann outlining the specific issues. Northern has reviewed the plans and we concur with Mr. Bergmann that the easements may have limited Rlantiag, in these areas, We will review the details of the andsca ' when a Northern pernut is su If you have any questions or comments regarding this matter, please do not hesitate to contact thisoffice. I Staff Engineer tCR:vbl Enclosure CC' Peter L. Pimentel, Executive Director Jeffrey R. Bergmann, P.E., MRA Ms. Tracy C. Robb, P.E., Staff Engineer R Northern Palm Beach County G. Improvement District eel' Opp 357 Hiatt Drive Palm Beach Gardens, FL 334 18 Subj ect: NPBCID Unit of Development No. 43 1 o 'o� Entrance Lake Bulkheads and Maintenance Easements Z (Our Ref. No. N4300.A0) e 8 Dear Tracy As discussed with you in our telephone conversation on Tuesday, May 16, 2000, which I followed with a fax sketch of the proposed bulkhead improvements at the four Y4) entry lakes located south of the entry rotaries within the subJect Unit of Development, there as been some question with regards to Northern's required lake maintenance easement around those entryway lakes. Since the discharge piping from Jog Road and the lake to lake interconnect piping are an adequate distance from the bulkhead area, there is no reason that Northern would need a maintenance easement behind the bulkheads for lake maintenance purposes. Please keep in mind that Northern would require the appropriate easements surrounding that lake bulkheading, as it is part of the Plan of Improvement, for future replacement and /or maintenance of those particular lake bulkheads. The asso Canino which is contemplated to be vlanted above those I�k� bead was necessary, a cost of the removing and replacing the landscaping, irrigation and lighting within that area would be the responsibility of the POA. However, I do not for orthern I71I3L1g a .devoid of lantin sees ciAQ *hP frn,r �ations behin rhP proposed bulkheads _ Please advise me i you concur with this assessment. Should you have any questions, please call me at extension 241. JRB jeh Copies: Peter L. Pimentel Tracy 0. Bennett Very truly yours, & ASSOCIATES, INC. Mock, ROOT a ASSOCWGS, Inc. -- w „s� . %. (...a rW.^ D^ew%k rU%eAj XAW7Z rk5f5.(561) 6833113, fax 4787248 TnT ©1 P A7 od G �f �E �o F C I I;x �o f - ��i�P a�l m I_ a, 1 yyQ �v° Tg C1 331 m g_. S aff I @' °'O mod,° cm s m H 1 � d °q 1 \X, c e €fig ai CD 1 _ r 1 m CD 1 13 �N \� ' '.�^dery NO1'43'41 °E 232.73' — F o ul Q_ 4�r 5 f Golf Digest PCD Sales Center Y T i 8)58 yyQ �v° Tg C1 331 m g_. 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I �r I M I R A S O 1. c a l a c r- a n t P r 1<LVI V)l i 1 11 I f r �r f i I� M S M I R A S O 1. c a l a c r- a n t P r 1<LVI V)l i M N I,I �n c� n rn z v >D '.Z I i I I c. i IL I I' '(19 ! m a a s as i s lea o e Q 9 0 liril f i l l l 1 �C>1f�hi�� Iu m it 3 k a a s I x Q a 4:�i -1-IAI Idol o o _o Z I I I I ' r. I ' ' - � l I - ' I I I � I I. BF 11= 4Z �� oil � A I � ZIP s ' L1 Cl IJAIC cOM ^ REVISIONS JEFFREY A. ORNSTEIN, P.A. M I R A S 0 I. . •) II I ICI. I I i 9 I ) _ II d A Z I• 4Z �� oil � A I � ZIP s ' L1 Cl IJAIC cOM ^ REVISIONS JEFFREY A. ORNSTEIN, P.A. M I R A S 0 I. A z O O U) r 0 O A )0 O z O O A W �P 7C] 11 ! II 4 1 Z vlkl$ti a O jape 7� 4e ^g I F Y G M, Cn 70 rn Ti OI, OI m D 0 I� I O O b D z AP F G) P o z 0 � m Iti ZO U j O fj D A 4 (nn O D �O o rn R #�#I y 'a m 'Aa° �f� c D`,��¢ W 9'$ g $ 8 Eli ' ' $ O I c1 a O U HD _ A 0 1 P° � iliPliLll I l gg 5 m � n ^g gi��ai � • � � � E o v U3 ! O o - A T �P 7C] 11 ! 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M I R A S O L ixrwsioNs ! n ARCIIITECT n a t a h II I — 7, T coM rn I aVll I�I -_ , mz (n _ P D —I F — _ I�I !II , n rn e i Il r ey a O rrl4 0 Fri ' I I A wiLI t 0 _ I �I N RIC O Mi I m V I 1 P � t�- VIII - t9al'�II�I� LI ICI � /r MIT; _I a ONJ i�. ae. mm I I 9 E 4 %Yr FF D o O A A O 70 rn �7 n n T D I rn II I — 7, T coM c I f' ( L l I': IF wlslo"s P F I�I , e i c I f' ( L l I': IF wlslo"s CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 20, 2000 Date Prepared: June 21, 2000 Subject /Agenda Item: Resolution 46, 2000, to extend the inter -local Agreement for the Northlake Boulevard Corridor Task Force by five years to the Year 2005 Recommendation /Motion: Motion to approve Resolution 46, 2000, to extend the inter -local agreement for the Northlake Boulevard Corridor Task Force to the year 2005 Reviewed I by: Originating Dept.: Costs: $ NIA Council Action: Total City Attorn y Planning Division [ ] Approved Finance $N/A [ ] Approved m conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Resolution 46, 2000. 2. List of Task Force [ ] Not Required members Submitted by:4.21- Zoec Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: In September 1997, the City of Palm Beach Gardens entered into an Inter -local Agreement with the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County to create a Northlake Boulevard Corridor Task Force. All four of these local governments have jurisdiction over properties that front on Northlake Boulevard. The primary purpose of the task force is to improve the appearance of Northlake Boulevard between Military Trail and U.S. Highway One. Each local government has two regular members and two alternate members. A list of the task force members is attached. To date, the task force has prepared a Conceptual Streetscape Plan, hired a consultant to prepare a Northlake Boulevard Corridor Overlay Zoning District, and is negotiating with a consultant to prepare construction plans based on the conceptual streetscape plan. Construction plans are needed to apply for grants and to install the proposed streetscape improvements. The overlay district will include regulations for on -site improvements, such as building design, landscaping and signage. All three cities on the task force have been requested to contribute $5,000 for fiscal year 2000 -2001. This is the same amount that each City contributed this year. Palm Beach County provides in -kind services. The inter -local agreement creating the task force is to expire in September 2000. The members of the task force would like to extend the inter -local agreement for an additional five years to the year 2005. Attached is an amendment to the agreement for this purpose. RECOMMENDATION: Staff recommends approval of the attached resolution to authorize the mayor to sign the amendment to the inter -local agreement. g: \sc \text \nitaskforceagree2 June 21, 2000 RESOLUTION 46, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997, CREATING THE NORTHLAKE BOULEVARD CORRIDOR TASK FORCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council passed Resolution 57, 1997, approving an inter -local agreement to create a Northlake Boulevard Corridor Task Force in order to improve the appearance of Northlake Boulevard between U. S. Highway One and Military Trail; and WHEREAS, the Northlake Boulevard Corridor Task Force consists of representatives from the City of Palm Beach Gardens, the Village of North Palm Beach, the Town of Lake Park, and Palm Beach County; and WHEREAS, the Northlake Boulevard Corridor Task Force has prepared a streetscape improvement plan for the above segments of Northlake Boulevard and is currently working on the preparation of construction plans for streetscape improvements and an overlay zoning district; and WHEREAS, the Not - thlake Boulevard Corridor Task Force is recommending that the interlocal agreement creating the task force be extended by five years to September 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. The Mayor of the City of Palm Beach Gardens hereby authorized to execute the attached Second Amendment to the above Interlocal Agreement that created the Northlake Boulevard Corridor Task Force. RESOLUTION 46, 2000 SECTION 2. This resolution shall be effective upon approval by the City Council. PASSED AND APPROVED THIS DAY OF ATTEST: 2000. MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: LINDA V. KOSIER, CMC, CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO - - - VICE -MAYOR JABLIN COUNCIL MEMBER CLARK - - - COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO g : \sc \res \n ltfag ree062100 2 A G SECOND AMENDMENT TO INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997 (R97- 1156D) BETWEEN THE VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY This Amendment to the Agreement is made and being entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM "), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403 (hereinafter "LAKE PARK "), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS "), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, FL 33401 (hereinafter "COUNTY ") WITNESSETH: WHEREAS, on or about September 2,1997 the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens and Palm Beach County entered into an Interlocal Agreement to create the Northlake Boulevard Task Force. This Agreement was for a period of (1) one year; and WHEREAS, on or about September 1, 1998 the Interlocal Agreement was amended to extend the Agreement for an additional two (2) years; and WHEREAS, the Interlocal Agreement provides that it can only be amended in writing and any amendment must be adopted and approved by all participants in the same manner as the original agreement; and WHEREAS, the Agreement automatically ceases to be effective two (2) years from the effective date of the First Amendment, .unless subsequently extended by amendment;, and 1 1 0 , WHEREAS, the parties wish to extend the Agreement for an additional five (5) years; and NOW, THEREFORE, the undersigned parties for and in consideration of the mutual benefits set forth in the interlocal Agreement and this amendment, hereto, do hereby agree to amend the Interlocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE Representations The facts, statements, and recitals heretofore set forth are true and correct, and are hereby incorporated in this Agreement by this reference. SECTION TWO Amend Section Six - Miscellaneous Provisions - Effective Date Section Six - Effective Date is hereby amended to read: This Agreement shall automatically cease to be effective five (5) years from the effective date of this amendment, unless subsequently extended by additional amendment. SECTION THREE In all other respects the Agreement dated September 2, 1997 shall remain in full force and effect as adopted. This Amendment shall be effective upon adoption of a resolution being enacted by The Village of North Palm Beach, the Town of Lake Park and the City of Palm Beach Gardens, each authorizing its respective Mayor or Clerk to execute this Amendment and upon approval by the 2 I Board of County Commissioners of Palm Beach County. IN WITNESS WHEREOF, the Participants have set their hands and seals on the day(s), month(s), and year hereinafter written. VILLAGE OF NORTH PALM BEACH EXECUTED this day of , 2000. ATTEST: Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Bv: Village Attorney VILLAGE OF NORTH PALM BEACH Mayor SEAL TOWN OF LAKE PARK EXECUTED THIS day of , 2000. ATTEST: TOWN OF LAKE PARK By: Town Clerk Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY Town Attorney CITY OF PALM BEACH GARDENS EXECUTED this day of , 2000. ATTEST: CITY OF PALM BEACH GARDENS City Clerk Mayor APPROVED AS TO FORM AND SEAL LEGAL SUFFICIENCY City Attorney PALM BEACH COUNTY EXECUTED this day of , 2000. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken By: By: Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney U:\ZONING\BA—Con\Coneur\PROJECTS\Nbctf\Nbctf\nlbamdt2.wpd SEAL NORTHLAKE BOULEVARD CORRIDOR TASK FORCE MEMBERS (5/1 1100) IReaular Member Alternate Member Town of Lake Park Town of Lake Park !William H. Wagner, Mayor John Butterly, Vice Mayor 1535 Park Avenue 535 Park Avenue Lake Park, FL 33403 Lake Park, FL 33403 (561) 848 -3460 fax (661) 848 -2913 (561) 8483460 fax (561) 848 -2913 IReaular Member Alternate Member 'Town of Lake Park The Town of Lake Park Terry Lear -y, Town Manager David B. Thatcher, AICP 535 Park Avenue Community Development Director Lake Park, FL 33403 535 Park Avenue (561) 848 -3460 fax (561) 848 -2913 Lake Park, FL 33403 (561) 848 -3458 fax (561) 848 -3495 Reaular Member Alternate Member Village of North Palm Beach Village of North Palm Beach Charles Oweilia, Councilman Dennis Kelly, Village Manager 501 U.S. Highway One 501 U.S. Highway One North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 622 - 7010 fax (561) 863.3056 (561) 841 - 3380 fax (561) 848 -3344 Reaular Member Alternate 841 -3476 Member Village of North Palm Beach Village of North Palm Beach David Norris, Mayor Tom Hogarth, PE, Public Services Director 501 U.S. Highway One 501 U.S. Highway One North Palm Beach, FL 33408 North Palm Beach, FL 33408 (561) 841 -3355 fax(561)863-3056 (561) 691 -3440 fax (561) 626 -5869 Regular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens Lauren Furtado, Vice Mayor Carl Sabatello, Councilman 10500 N. Military Trail 10500 N. Military Trail Palm Beach Gardens, FL 334104698 Palm Beach Gardens, FL 3341 0 -4698 (561) 622 -3924 fax (561) 622 -7366 (561) 627 -1790 fax (561) 7994111 Reaular Member Alternate Member City of Palm Beach Gardens City of Palm Beach Gardens Steven B. Cramer, AICP, Principal Planner Talal Benothman, Senior Planner 10500 N. Milit*y Trail 10500 N. Military Trail Palm Beach Gardens, FL 334109698 Palm Beach Gardens, FL 33410 -4698 (561) 7994241 fax (561) 799 -4281 (561) 7994234 fax (561) 7994281 Regular Member Alternate Member Palm Beach County Palm Beach County Karen Marcus, Commissioner District 1 Patricia Weaver, Administrative Assistant 301 North Olive Street 301 North Olive Street West Palm Beach, FL 33401 West Palm Beach, FL 33401 (561) 355 -2201 fax (561) 355 -3990 (561) 355 -2201 fax (561) 355 -3990 Regular Member Alternate Member Palm Beach County Palm Beach County Ronald Sullivan, RLA, Senior Planner Jon MacGillis, Principal Planner Zoning Division Zoning Division 100 Australian Avenue 100 Australian Avenue West Palm Beach, FL 33406 West Palm Beach, FL 33406 (561) 233 -5214 fax (561) 233 -5165 1 (561) 233 -5223 fax (561) 233 -5165 -A U,IZONINGIBA ConlConcur lPROJECTSWbctRNBCTFUVBCTFADR .WPD City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 50, 2000, a request for site plan approval for a proposed development located in the Regional Center Development of Regional Impact. The parcel is approximately 3.2 acres in size and consists of 46,000 square feet of proposed office use located along PGA Boulevard (Blvd). RECOMMENDATION Staff recommends approval of Resolution 50, 2000 with conditions. Reviewed by: O � i g i n a t i n gl Bepk.: c o s t s$ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA 45r� $ [ ] Approved w/ ACM Current FY conditions Human Res. N A [ ] Denied Advertised: Other N A Funding Source: [ ] Continued to: Attachments: Date: N/A [ ] Operating Paper: N/A [ ] Other Resolution 50, 2000 Resolution 64, 1998 Site and landscape plans Renderings Proposed sign package [X] Not Required Staff comments ��gutt y: ���� Growth 1G?h- fgemien/t�, g Affected parties Budget Acct. #:: Director [] Notified [ ] None Approved by: City Manager [X] Not required City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 L SUMMARY OF RECENT CHANGES AND PREVIOUS CITY COUNCIL MEETING: The City Council held its meeting on June 29, 2000, and requested that the petitioner provide precast and Eiss (exterior insulation finish system) samples for comparison purposes in order to decided on an acceptable construction material for the two proposed buildings on site. The City Council did not take an action with respect to the proposed amendment to Resolution 64 for the Regional Center signage program or the requested sign waivers. The applicant has removed the tenant sign off south elevation of building two, corrected elevation labels, reflected arches with 3 -inch depth on building elevations, added spandrel glass and faux widows at stairwells, and added specialty pavers and uplighting in the pedestrian connection area between the two buildings. IL REQUEST: A request by Urban Design Studio, agent, for site plan approval of an office development with a total of 46,000 gross square feet of floor area. The development consists of two office buildings to be developed in two phases. Office buildings one and two consist of 33,545 and 12,455 gross square feet, respectively. The proposed land uses for both buildings are general office, medical, and financial uses. Office building one is to be completed during phase one while office building two will be built during phase two of the development. The total acreage of the site is approximately 3.2 acres and is located within the Regional Center Development of Regional Impact (DRI) along PGA Blvd. (06- 42S -43E) III. BACKGROUND: The proposed development is located within the Regional Center PCD. The property is bounded to the north by Kyoto Gardens Dr., PGA Blvd. to the south, a lake area to the west, and Good Samaritan to the east. The subject parcel was part of a larger parcel that has been subdivided. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order has been previously amended four times. It currently permits the development of 1,440,000 square feet of Retail, 1,210,000 square feet of Office (business), 235,200 square feet of office (Research), 510,000 square feet or 600 rooms of Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most recent Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The NOPC approved the conversion of office research space to 50,000 square feet of commercial use. This conversion was needed for the Catalfumo 27.05/27.06 project. Currently there is one pending NOPC to the Development Order of the Regional Center DRI. The NOPC proposes reconfiguration of the water management tract to maintain the oak preserve on site, 2 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 designating the oak hammock portion of the site as a preserve, relocating and eliminating internal roadways fi -om the Master Plan of Development, and converting approximately 9.3 acres of Office/Hotel /Community Use to Multi- family /Office /Community Use. This NOPC is associated with the Kolter residential project. IV. Procedure: This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. A public hearing is not required. V. Land Use and Zoning: The land use designation of the subject site as reflected on the City's Future Land Use Map is DRI /PCD. The site's land use designation on the Master Plan of Development of the DRI is Office/Hotel/Community use. The zoning classification of the site is a Planned Community District. The following tables illustrate the adjacent uses, land use designations, zoning districts, and site analysis: ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community District (PCD) DRI/PCD /PO Vacant Lot Coverage- 35% 12.5% North PCD DRI/PCD /PO Vacant Loading space size- 12'x35' 12'x25' for two loading spaces) South Planned Development Area (PDA) Mixed Use Vacant (Legacy Place) PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements Complies with PGA overlay requirements West PCD DRI/PCD/PO Vacant/lake area Past PCD DRI/PCD/PO Good Samaritan CONSISTENCY WITH CODE Consistent Code Re uirement Proposed Plan Yes PCD- Planned Community District General office /bank/medical office Yes Lot Coverage- 35% 12.5% Yes Parking: 174 spaces 174 spaces No * Loading space size- 12'x35' 12'x25' for two loading spaces) Yes Parking stall dimensions : 10'X18.5' 10'X18.5' Yes PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements Complies with PGA overlay requirements 3 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 Consistent Code Requirement Proposed Plan SETBACKS Yes Front: 55' 55' No* Side: 27' 23' (Building one /three story) Yes Rear: 27' 139' No* Building height : 36' 70.25' Yes Open space: 10% 29.7% No* Specialty avers: Not in Code Specialty avers No* Drive-through pass-by lane: Required ATM lane (No) Ground sign: PCD Master Signage Ground sign at site entrance Program for DRI: proposed sign is not consistent with si na a program No* Building I.D. signs: Min. 100' frontage One additional building I.D. sign on north elevations of each building. No* Tenant I.D. signs: Tenant portion of a Building 2: one tenant sign on north elevation building must have direct access to exterior for occupant with no direct access to exterior of of building at ground level building at ground level Building 1: one tenant sign on southwestern elevation for tenant with no frontage on right - of -way * Waiver Requested Amendment to Resolution VI. Protect Details: The applicant is proposing 46,000 gross square feet of office space on approximately 3.2 -acre site located within the Regional Center DRI, along PGA Blvd. The proposed development is projected to be completed in two phases and consists of two proposed office buildings. Office building one consists of 33,545 square feet while office building two consists of 12,455 square feet. The proposed land uses for both buildings are general office (31,200 sq. ft.), medical (10,800 sq. ft.), and financial (4,000 sq. ft.). Office building one is to be completed during phase one of the development. Office building two is proposed to be constructed in phase two. The setback of the closest building to the roadway fronting on PGA Blvd. is 55 feet, which is in compliance with the special setback requirement established for PGA Blvd. by the PGA Corridor Overlay. The total number of parking spaces proposed by the applicant is 174, which is in compliance with Section 11 S -476 of the LDRs. Six of the proposed and required parking spaces will be designated for handicap parking, as required by 11 S -477 of the LDRs, based on the proposed square footage. With respect to loading spaces, the applicant is required to provide two spaces for both buildings at the minimum required size, in accordance with Sections 118 -569 and 118 -567, respectively. However, the applicant is proposing three loading spaces, but requesting a waiver to allow the size of two of the three proposed loading spaces to be (12 X 25) feet, instead of the (12 X 35) feet required by Code. City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 The total number of trips projected to be generated by this development is 2,017 daily trips. Please note that this number may be higher than the actual number of trips because trips for internalization and pass -by have not been discounted from this number. Office use is estimated to generate 543, medical use 390, and financial use 1,084 daily trips. The projected trips are based on the rates published in the Trip Generation, 6 l Edition, of the Institute of Transportation Engineers (ITE). The applicant is providing specialty pavers at the driveway entrance to the site, the area between the buildings and the parking lot, and along a pathway from building two to the Good Samaritan site. Additional landscaping has also been provided. These additional site and landscape improvements are not required by Code, but are provided by the applicant to demonstrate better site plan design and provide high quality development along PGA Blvd. Staff has suggested that the orientation of both buildings could be situated in such way so as to take full advantage of the lake by using it as an amenity, which is located immediately west of the subject site. VII. PGA Blvd. Corridor Overlay: In staffs opinion, the architecture of the project appears to be consistent with the architecture of adjacent and nearby buildings in terms of massing, height, and uniqueness in style. It is characterized by vertical massing and deep articulation, which give the elevations distinctive character and appearance. Most of the elevations have a dominant central feature in the form of an arched tower with a row of small windows wrapping around the tower at its highest point below the parapet. The ground level of the buildings is dominated by elegant arches that serve as solid anchors to the buildings on the ground. Staff believes all elevations have been treated equally and contain adequate architectural detail, as required by the PGA Blvd. Corridor Overlay. The architecture is also in conformity with the City's draft design manual. VIII. Site Access: Access to the site is to be from a shared access driveway off of Kyoto Gardens Dr., which intersects Fairchild Gardens Ave. at a point east of the subject site within the Regional Center DRI. The only public right -of -way upon which the subject site fronts is PGA Blvd. IX. Art in Public Places: The petitioner will not provide Art in Public Places on site. Instead, the necessary funds in lieu of providing art on site will be paid to the City as permitted by Section 106 -29(b) of the LDRs. X. Requested Waivers: The applicant is requesting nine waivers from the Land Development Regulations (LDRs) and one amendment to a previously adopted resolution. Staff supports eight of the nine waivers and the requested amendment to Resolution 64, 1998. They have been adequately justified and a demonstration of innovation in design whereby other minimum Code standards are exceeded has been provided, as specified in Section 118 -214. City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 The waivers are as follows: Specialty pavers to be used on site at the access driveway and by the buildings' entrances. The applicant proposes to provide specialty pavers based on the justification that specialty pavers accentuate the entryway and provide a higher quality appearance. The justification is adequate and it meets the criterion established for waivers pertaining to site plans within PCDs. Section 118 -214 of the Land Development Regulations specifies that a waiver is considered for innovative design whereby other minimum standards are exceeded. Specialty pavers represent and serve as high quality transitional areas between various spaces with different functions. They also serve as a traffic calming technique and provide a safety feature by making automobile drivers aware of pedestrian crossing areas. Staff supports the requested waiver. A waiver to allow two (12 X 25) foot loading space. Section 118 -567 of the LDRs requires the provision of loading spaces at the minimum required size of (12 X35) feet. The justification used by the applicant is that the delivery trucks that will be accessing the site will use smaller size loading spaces due to the nature of the use (office). The applicant has demonstrated innovation in design whereby other minimum standards applicable to this waiver have been exceeded. First, the applicant is proposing to provide three spaces whereas the required number is only two. Second, the applicant has proposed to provide over 2,000 additional landscape points than the required, which are 4,138. The proposed number of points is 6,694. Third, the applicant is proposing to provide specialty pavers, which are not required by Code. Fourth, the justification that smaller trucks will use the spaces is reasonable given the proposed uses on site. Staff supports the requested waiver. A waiver from Section 118- 479(4) requiring the provision of a pass -by lane for each drive -thru facility. The justification for the waiver is that adjacent and parallel drive aisle is an adequate substitute. The applicant has demonstrated innovation in design whereby other minimum, relevant standards have been exceeded. Providing more landscaping than required and specialty pavers, which are not required, meet the waiver criterion. The justification is also adequate and the City's Fire Marshall has raised no concerns regarding this issue. Staff supports the requested waiver. A waiver to exceed the maximum required height limitation for office uses. Section 118 -204 specifies that the maximum height allowed is 36 feet. The applicant proposes a height of 70.25 feet. The justification is that the proposed height is consistent with the general design and height guidelines suggested by the MacArthur Center Development Guidelines. 6 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 The guidelines recommend locating non - residential multi -story structures along PGA Blvd. instead of the center within the core of the Regional Center DRI. The applicant has provided an adequate justification for the waiver and has demonstrated innovation in design whereby other standards have been exceeded, as required by Section 118- 214. Staff supports the waiver. Two waivers to allow two building identification signs to be placed on the north elevations of each building, one sign for each building. The justification for the waiver is that the vehicular entrance to the site is from a shared access roadway leading to and from an east -west public right -of -way, Kyoto Drive. Therefore, building identification signs facing this east -west public right -of -way are needed to facilitate easy access to the site and help potential users identify the buildings prior to entering the site, according to the applicant. The justification for the waiver is adequate and the applicant has demonstrated innovation in design whereby providing additional non - required architectural features and details have exceeded other standards. They are in the form of arches and towers. Staff supports the waiver. A waiver to allow one tenant sign to be placed on the north elevation of building two for a potential occupant whose space will not have direct access to the exterior of the building at ground level. The justification is that the only access to the site is from Kyoto Gardens Drive, which is to the north of the subject site. Section 110 -37(c) does not permit the potential occupant to have a tenant sign because the tenant's space is not accessible from the exterior of the building. However, the applicant has provided an adequate justification for the requested sign and demonstrated that innovation in design whereby other standards of the Code have been exceeded. The applicant also withdrew a previously requested waiver for another tenant sign for the same building on PGA Blvd. Staff supports the waiver. A waiver to allow a tenant sign on the southwestern elevation of building one. The space for the potential tenant has access to the exterior of the building, which entitles the tenant to a tenant sign on the north elevation only and not on any other elevation because the space lacks frontage on a public right -of -way. The applicant is requesting a sign to be placed on the southwestern elevation of the building. The sign would be visible from PGA Blvd. The applicant has justified the waiver on the fact that the site has no access on PGA Blvd. and having the sign would provide direction and help identify the building to potential users of the site. However, staff does not support the waiver on grounds that there are too many signs proposed for this development. Tenant signs proposed on elevations facing PGA Blvd. should be kept to a minimum. City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 PROPOSED SIGNS TO BE PLACED ON BUILDINGS ONE AND TWO SIGN REQUESTED ALLOWED BY SPARC STAFF RECOMMENDATION WAIVER CODE RECOMMENDATION Building identification sign Yes No Yes Yes for building one on north elevation Building identification sign Yes No Yes Yes for building two on north elevation Building identification sign No Yes N/A N/A for building one on south elevation Building identification sign No Yes N/A N/A for building two on south elevation Tenant sign on north elevation Yes No Yes Yes of building two Tenant sign on southwestern Yes No No No elevation of building one Two tenant signs on northern No Yes N/A N/A elevation of building one One tenant sign on south No Yes N/A N/A elevation of buildin one A waiver to allow a side setback of 23 feet from the western property line to the closest edge of building one. The required setback is a minimum of 27 feet, as specified in Section 118 - 204(g)(2). The justification is that the applicant has provided setbacks in the rear and on the eastern side of the building that are greater than the minimum required. The justification is adequate and staff supports the waiver. An amendment to Resolution 64, 1998, which approved the MacArthur Center Master Signage Program for the Regional Center DRI. The proposed amendment would allow a relocation of a ground sign situated north of the subject parcel to the driveway entrance of the property. The master signage program currently allocates a ground sign (building identification sign) to one large parcel that included the subject site as well, with one ground sign for the entire property located north on Kyoto Gardens Drive. However, this parcel has been subdivided into two separate parcels, one of which is the subject site. As a result, the subject parcel no longer has a ground sign assigned to it on the master signage program. The justification for the amendment is that the requested change is minimal and meets the intent of the City's sign Code, which is to facilitate easy access and better identification of the site to the public. The sign will be in conformity with the master signage program in material and design. The applicant has provided an adequate justification and the requested amendment meets the intent of the sign Code. Staff supports the amendment. XL Comments from the Development Review Committee (DRC): To date, no objections have been received from the following departments and agencies: Building Division, Police Department, Parks & Recreation Department, City Engineering, City Legal, 8 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. However, some comments have been received. Those that had not been adequately addressed by the applicant were treated as outstanding issues and conditions of approval. Please see attached comments. X11. Summary of Previous Outstanding Issues: • The applicant used a lower trip generation rate for the medical use. The required rate for medical use is 36.13 trips per 1000 square feet, according to the City's Traffic Engineer. The applicant applied a rate of approximately 9 trips per 1000 square feet. Staff previously raised this issue as a major concern. The applicant has adequately responded by amending the application to reflect the current trip generation rate for the medical use based on the Institute of Traffic Engineers (ITE) trip generation rates. A revised traffic statement reflecting the requested changes has been submitted to staff and the City Engineer's office has raised no objections or concerns with respect to this issue. • Staff previously requested that the applicant provide a pass -by lane for the drive- through facility. The applicant has requested a waiver and provided a yield sign at the point of intersection between the drive isle and the parking lot drive isles. The City Fire Marshall indicated that he had no concerns with the applicant's proposed provision of an ATM lane instead of a pass -by lane for the facility. • Staff requested that the applicant relocate three parking spaces, one at each drive isle adjacent to stop signs in the north portion of the site, and two additional parking spaces located immediately next to the access driveway of the site. The applicant has removed three parking spaces and two additional spaces by the entrance and reduced the proposed square footage of the development to compensate for the loss of the parking spaces. • Staff requested that the site plan should be revised to reflect directional signage in the landscape island near the drop -off area. The applicant has revised the site plan and placed a one -way directional signage at the building drop off location. • Staff requested that the site plan should reflect flush header curbs near the specialty paver area, per the City Engineer's comments. The applicant has revised the site plan and provided flush header curbs at the site entrance and the crosswalk. XHI. Summary of SPAR Committee Meetings: During the meeting held on May 9, 2000, the Committee raised several issues regarding the parking, trip generation for the medical use, the design of the buildings, and the landscaping on site. The applicant adequately addressed those issues. During the previous meeting held on May 23, 2000, the Committee raised a few comments and suggestions and they include the following: 9 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 The Committee directed staff to find out why the parcel of which the subject site was a part was subdivided. No explanation has been provided; Revise the planting area by the site's entrance to provide better visibility to vehicles entering and leaving the site. The applicant has made the requested revision; Waivers for tenant signage on PGA Blvd. should not be granted; Revise the floor plans and elevations to reflect three -inch deep arches and bands of 1 -1/2 inches deep. The recommended revision has been made by the applicant; The construction material to be used in constructing the two buildings should be precast concrete. SPARC voted 5 -1 to recommend approval of petition SP- 00 -04. The dissenting member felt that the proposed buildings did not exhibit high quality design. SPARC also recommended approval of the waivers requesting the following: • Specialty pavers; Reduction in the size of two loading spaces; An ATM lane instead of pass -by lane; Increase in building height limitation; Two building identification signs on the north elevations, one for each building; One tenant sign on north elevation of building two; Amendment to Resolution 64, 1998 to relocate ground sign to subject site entrance. The Committee did not recommend approval of the waivers requesting the following: One tenant sign on south elevation of building two (applicant withdrew request and revised the elevation by removing the sign); One tenant sign on southwestern elevation of building two (applicant continues to request waiver). XIV. Staff Recommendation: Staff recommends approval of petition SP -00 -04 with conditions. Staff further recommends approval of the amendment to Resolution 64, 1998 and eight of the nine waivers requesting the following: Specialty pavers; Reduction in the size of two loading space from (12X35) to (12X25) feet; ATM lane as substitute for a required pass -by lane for the drive- through facility; One tenant sign on north elevation of building two; One building identification sign on north elevation of building one; One building identification sign on north elevation of building two; Reduction in the side setback requirement for building one; Increase in the maximum height limit; Amendment to Resolution 64, 1998. 10 City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 XV. Conditions of Approval: Staff offers the following conditions of approval for the City Council' s review and approval: No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Northern Palm Beach County Improvement District's Unit 19 has received fmal approval from the City of Palm Beach Gardens and all other applicable governments and/or agencies, including a schedule for implementing the plan an a definitive commitment for funding the required improvements (City Engineer); 2. Prior to commencing any construction or clearing activity on site, the applicant must, under the supervision of the City Forester, ensure that the dead pines are replaced by at least two of the existing Pines that are proposed to be removed (City Forester); 3. Prior to issuing any building permit, the applicant must indicate on the construction plans that the material to be used in constructing the two buildings is of precast concrete, as recommended by the Site Plan and Appearance Review Committee (Development Compliance Officer); 4. Prior to issuance of final certificate of occupancy for building one or two, whichever occurs first, the applicant shall: Either install landscaping and irrigation within PGA Blvd. in accordance with FDOT's final plans, based on the 90% plans dated March 31, 2000, or if PGA flyover is under construction and not complete, install landscaping and irrigation within 12 months of the completion of the PGA Blvd. flyover improvements. If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant will not be responsible for said installation (City Forester); 5. The applicant must reflect the 55 -foot buffer as a landscape easement to be maintained by the owner of the subject parcel. The easement buffer is to be reflected on the plat for the subject parcel when the said plat is filed with the City (Planning); 6. The petitioner is responsible for the maintenance of PGA Boulevard landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 7. Activities generated by the bank through the use of its drive -k -u facility must be less than 50% of the bank's total daily activities. This is to be determined by the daily number of trips generated by the drive -thru facility versus the trips generated by the building structure of the bank (Planning); City Council of Palm Beach Gardens Meeting Date: July 20, 2000 Date Prepared: July 7, 2000 Petition SP -00 -04 S. The total square footage of the medical office use shall not exceed 10,800 square feet (Planning). &Talal/talal- SP- 00- 04 -st2 12 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 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 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 BLVD., AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a master site plan for the construction of a professional office development with a total square footage of 46,000 and consisting of a bank with 4,000 square feet, a medical office with 10,800 square feet, and general office use with 31,200 square feet on the subject site, which is located in the Regional Center DRI and PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks nine waivers to allow the use of specialty pavers, reduction in the size of two loading spaces (12x25 feet), ATM lane instead of a pass -by lane, an increase in the height limitation to 70.25 feet, two additional building identification 13 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 signs on north elevations of each building, one tenant sign for building one on southwestern elevation, one tenant sign for building two on north elevation, and a reduction in the side setback requirement for building one; and WHEREAS, applicant further requests an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site as shown in Exhibit "B" attached hereto; and WHEREAS, the 3.2 -acre (Parcel 27.10B) site is currently zoned Planned Community District (PCD) with an underlying zoning of Professional Office (PO), and a future land use of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment of the site plan known as Parcel 27.10B; and WHEREAS, the Site Plan and Appearance Review Committee recommended approval of petition SP -00 -04 with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves professional office development with a total square footage of 46,000 and consisting of a bank with 4,000 square feet, a medical office with 10,800 square feet, and general office use with 31,200 square feet. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves eight waivers for the subject site as more particularly described herein. Section 3. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site as more particularly described herein. 14 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 Section 4. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Northern Palm Beach County Improvement District's Unit 19 has received final approval from the City of Palm Beach Gardens and all other applicable governments and /or agencies, including a schedule for implementing the plan an a definitive commitment for funding the required improvements (City Engineer); 2. Prior to commencing any construction or clearing activity on site, the applicant must, under the supervision of the City Forester, ensure that the dead pines are replaced by at least two of the existing Pines that are proposed to be removed (City Forester); 3. Prior to issuing any building permit, the applicant must indicate on the construction plans that the material to be used in constructing the two buildings is of precast concrete, as recommended by the Site Plan and Appearance Review Committee (Development Compliance Officer); 4. Prior to issuance of final certificate of occupancy for building one or two, whichever occurs first, the applicant shall: Either install landscaping and irrigation within PGA Blvd. in accordance with FDOT's final plans, based on the 90% plans dated March 31, 2000, or if PGA flyover is under construction and not complete, install landscaping and irrigation within 12 months of the completion of the PGA Blvd. flyover improvements. If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant will not be responsible for said installation (City Forester); 5. The applicant must reflect the 55 -foot buffer as a landscape easement to be maintained by the owner of the subject parcel. The easement buffer is to be reflected on the plat for the subject parcel when the said plat is filed with the City (Planning); 6. The petitioner is responsible for the maintenance of PGA Boulevard landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply 15 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 7. Activities generated by the bank through the use of its drive -thru facility must be less than 50% of the bank's total daily activities. This is to be determined by the daily number of trips generated by the drive -thru facility versus the trips generated by the building structure of the bank (Planning); 8. The total square footage of the medical office use must not exceed 10,800 square feet (Planning). Section 5. The following waivers are hereby granted with this approval: 1. Specialty pavers- not allowed by Code, to be used at driveway entrance and area between parking lot and buildings one and two. 2. Reduction in size of two loading spaces- Section 118 -567, requires a minimum size of (12X35) feet, to allow a size of (12X25) feet. 3. Pass -by lane- Section 118 - 479(4), requires the provision of a pass -by lane for drive -thru facilities, to allow the ATM lane to serve as the pass -by lane. 4. Increase in maximum height limit- Section 118 -204, requires the maximum height to be 36 feet, to allow an increase to 70.25 feet. 5. Two building identification signs, one for each building- Section 110- 37(a), allows only one sign for a building located on a site with at least 100 feet of frontage on a public right -of -way, to permit one sign for each building on the north elevations (total 2). 6. One tenant sign for building two- Section 110- 37(c), requires that an occupant's space have direct access to the exterior of the building, to allow the tenant sign on the north elevation of building two for a tenant whose space has no direct access to the exterior of the building. 7. One tenant sign for building one- Section 110- 37(c), requires that an occupant's space have direct access to the exterior of the building and face a public right -of- way, to allow one tenant sign on the southwestern elevation of the building, which does not face a public right -of -way. 8. Side setback- Section 118- 204(g)(2), requires buildings greater than two stories in height to comply with a side setback of 27 feet; the current setback is 23 feet. Section 6. Resolution 64, 1998 is hereby amended as follows: The MacArthur Center Master Signage Program for the Regional Center DRI is amended by relocating a ground sign at the property lines of two parcels situated 16 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 north of the subject parcel. The said sign is to be relocated to the access driveway (entrance) of the subject site as shown in Exhibit "B" attached hereto. Section 7. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Site Plan, by Urban Design Studio, revised on May 30, 2000; 2. Landscape Plan, by Urban Design Studio, revised on May 30, 2000: 3. Landscape Enlargement Plan, by Urban Design Studio, revised on May 30, 2000; 4. Phase One Landscape plan, by Urban Design Studio, revised on May 30, 2000; 5. Phase One Landscape Enlargement plan, by Urban Design Studio, revised on May 30, 2000; 6. Landscape Planting Details plan, by Urban Design Studio, revised on May 30, 20007 7. Architectural drawings, Al -A7, by Alan Strassler Architects, Inc., dated June 30, 2000. 8. Pedestrian Connection Detail, by Urban Design Studio, dated June 29, 2000. Section 8. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2000. JOSEPH RUSSO, MAYOR ATTESTED APPROVED AS TO LEGAL FORM AND BY: SUFFICIENCY: Carol Gold, CMC,City Clerk CITY ATTORNEY 17 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK G:Talal /talal- SP- 00 -04 -re 18 Resolution 50, 2000 Meeting Date: July 20, 2000 Date Prepared: July 6, 2000 vv, avi vv mull lu:1v Aviv& .701 vat 0004 CATALFUNO C0'.S Exhibit "A" PROPERTY DESCRIPTIONI SOUTH PORTION PARCEL 27.106 A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 45 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW'3: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 6; THENCE NORTH 88.45'05" WFST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 718.81 FEET; THENCE NORTH 01.14'5211 EAST, TRACT AS RECORDED NTOFFIaAPOINT CORD THE 50721 LINE OF 373 PUBLICNRECOR05 OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF REGINNIN6 THENCE NORTH 34.0 ?'14" WEST ALONG SAID EAST LINE, A DISTANCE Of 361.22 FEET; THENCE NORTH 590 56143" FAST A DISTANCE 0 460,32 FEET TO A POINT ON A 40 FOOT A�,CE:SS EASEMENT DESCRIBED IN OFFICIAL RECOORD �OOK 8120, PAGE 1406,.P1!9LIC RECORDS OF ALN A C H COUNTY, F ORENCE SOUTH 33.36'10" Edsr CONTINUING ALONG SAID WEST EASEMENT LI E, Ni A DISTANCE OF 71.72 FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIVED IN OFFICIAL RECORD BOOK 8120 PA" : �Q& PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA- THENCE SOUTH $6- 23'SO" NEST ALONG SAID NORTH LINE, A DISTANCE Of X0,40 FEAT TO THE NORTHWEST CORNER OF ;aJD PARCEL; THENCE SOUTH 03'36'10" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 419.67 FEET TO A PONT ON THE NORTH RIGHT -OF -WAY LIN nC• P(.,A, BOULEVARD, As RECORDED IN OfFOAL RECORD BOOK 4442, PAGE 856 PU�ILIC RECOROS QF PALM BEAN COUN ?Y ,FLORIDA AND ON A CURVE CONCAVE TO THE Sl1';TH HAVING HH RADIUS OF 936G4.79 FWY AND A RADIAL BEARING OF SOUTH 06'24'19" 5e; THENCE THROUGHYA�MRALDANGLLEHOFI 04T47'09A A DISTANCE Of 2455..113 FEE T O �THE. POINT OF BEGINNING. CONTAINING 3.36 ACRES OR 147,443 SQUARE FEET, MORE OR LESS. IA 002 i ����� ��� ���� ! iii ���i�������i�����a���s��►���� �� IL tl �a tl 11D ®,� ■ � 9 � Y ■ ! 1 � l � s • I� !e Jana■ WON Jaa l • s ■ 7 !A l e f 1� ! RESOLUTION 64,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SIGNAGE PROGRAM FORTHE MACARTHUR CENTER; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS FROM CODE REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MacArthur Regional Center was approved per Resolution 9, 1984; WHEREAS, the City's Growth Management Department has received a petition from the MacArthur Center Property Owners Association for the approval of a Master Signage Program for the MacArthur Regional Center, located at the northeast comer of the intersection of PGA Boulevard and Alternate Al A, Palm Beach Gardens; WHEREAS, the City's Growth Management Department has recommended approval of the MacArthur Center Master Signage Program; and WHEREAS, the City's Growth Management Department has determined that the proposed Master Signage Program is consistent with the City's Comprehensive Plan and Code provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SF&uticGitV. . Council of the City of Palm Beach Gardens hereby approves a Master Signage Program consisting of seven Main Entry Signs, 13 Directional Signs, 28 Building ID Signs, Regulatory Signs per code and four Temporary Site Signs, for the MacArthur Regional Center located at the northeast corner of the intersection of PGA Boulevard and Alternate Al A, Palm Beach Gardens. Section 2. The Master Signage Program shall be implemented in accordance with the following plans on file with the City's Planning and Zoning Department: 1. April 24, 1998, Sign Location Plan and Message Schedule, Sheet SL1 2. April 29, 1998, Typical Landscape Plans, Sheets 1 -2. 3. August 7, 1997, MacArthur Center Signage and Graphics Standards; Main Entry Sign, Building ID Sign, Directional Sign, Temporary Site Sign, Street Name Signs, Routing Signs, and Regulatory Signs (dated May 13, 1998) Section 3. The Master Signage Program approval shall comply with the following conditions: (1) The MacArthur Property Owners Association shall maintain all signage.. (2) Prior to the issuance of the first sign permit, the applicant shall submit construction plans and specifications for the break -away design for review and approval. This shall apply to the Main Entry Signs, the Building Identification Signs and the Directional Signs. (3) No sign shall be erected within, over, or adjacent to any existing or future water or sewer line without the prior written consent of Seacoast Utilities, its successors, and or assigns. (4) Each temporary sign shall be removed at the issuance of the Certificate of Occupancy for the building for which the temporary sign was erected. Section 4. The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 110- 36(c), minimum landscaping required around ground signs and minimum front setbacks to allow: 1) Directional Signs and Building ID Signs within medians to be located within one foot from the edge of the curb (they are required 6 -7 feet of side landscaping, depending on the height of the sign). 2) Building ID Signs in medians to have a 3 foot front setback (15 feet is the required setback). b. Waiver of Section 110- 36(b), maximum length of ground signs (15 feet required) 1) To allow Main Entrance Sign of 16 feet Section 5. This Resolution shall be effective upon adoption. Page 2 Resolution 64, 1998 INTRODUCED, PASSED AND ADOPTED THIS�DAY OF O, MAYOR 1 ATTEST: APPROVE�D AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. B ��;4 CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Page 3 Resolution 64, 1998 AYE NAY ABSENT W i O © O D Man 0 Me i f R F F c F Fr © O ® m O i 1 p t r F I 8 ® 6 L 6 O i 1 p F ; i t � � i y •�' Q l UU� q { _ � D I w D I D I 1 p q ! Z Y � f Y P y t r P � SD I y x4f �I I i :I G E i C t G r C C c • r r � 31[ F e 1 i - -n -41 �A i j sA6i �� fld G�fl � cr i R � Fill i i y 7 7 7 Y r 7 a z f��ll�ll�l C�I��dfllllllllll !I'11611111��llllll!'I ilf�i�ll�k���li &6��Y�I,i�i� r N g'iQ DWD I Im w 1 p OCEAN, 3 d F �xt.iSEMt D� � N g'iQ DWD I Im w 1 p 3 d IHa b,w .1. Ri ttl i O a 7 u __ � HUtll6 _yl�w � r V yN •' iMn µs �� ® `� b0 3 o O FBi w f , x m a Q tl YUM• as o aubnc N30tltl soya tlD DO 83Hb1 1OtlM! I QRuu SN »x Z N D'a3s Q I _n^'�f�oc uoogo Qwx �n J y`rn¢a Wf �MC WQ a ow 0 1 i L__a ntl „ oa9 all i f 0 A r ill�f p�X1E I I r o� �s r -�� j � o lo:.` n: ?DU sa _01 •/ t. /.�J _ Q�iIbi3Nk 1r' - .1 � ,� 1• tlDOD, U !W k si NOtl� 9� Yes MI. RA tlUbl� D3 nD 3-.,: 1 .�O Oy4� N3ilOZ � H y RPD � 16 0 A W h �1 v M O 0 Oo O w � W � C� C �rI I� �E W Ri u m (� o X w A W h �1 v M O 0 Oo O w � W � C� C �rI I� �E W Yav � � a L7 ►� N _k C _r u =aU c�aN a) qA �a u aaN 000 000 aaa 0 0 N m o, r. N V c760 A W h U O C7 M O O �k E t� rte, W �CrT, W � q � a c� •i A o Z, t. ti r+ �r D y 1W .. W 2 _k C _r u =aU c�aN a) qA �a u aaN 000 000 aaa 0 0 N m o, r. N V c760 A W h U O C7 M O O �k E t� rte, W �CrT, W � q � a 0 FPL May 19, 2000 Sandra Parks Urban Design Studio 2000 Palm Beach Lakes Blvd Suite 600 The Concourse West Palm Beach, FI 33409 -6582 Re: Parcel 27.10b Dear Ms. Parks Florida Power & Light Company The proposed berms as shown on the supplied plans are in conflict with the FP &L easement and a Feeder switch cabinet. These berms would hinder FP &L's access to the underground feeder and would cause a drainage problem at the switch cabinet location. if you have any questions please do no hesitate to call me at (561) 575 -6343. Sincerely 1101W.107 044�v--- Michael Gardner Distribution Senior Designer an FPL GrOUp Company Ms. Tray C. Robb. P.E. Northern Palm Beach County Improvement District 357 Hiatt Drive Palm Beach Gardens, FL 33418 00S LANNERS t; May 9, 2000 Subject: Grand Bank Center NPBCID Permit No. SWS- 424306 19 -030 NPBCID Unit of Development No. 19 (Our Ref. No. 19 -030) Dear Ms. Robb: €A Ot P.B.G. gH 13 2UU3 'Ll & ING Zo,MING We have reviewed the permit application for the subject Project. The proposed land use breakdown is consistent with the Unit 19 conceptual modifications submitted to SFWMD in application 991027- 12. Therefore, we recommend approval of the Northern permit application. Should you have any questions, please call me at extension 243. JC: jkv Copies: Vicki Loeb Jeffrey R. Bergmann Lctfc(s :npbc:npbcun 19:Permits:I9.0301003jckv.doc Very truly yours, MOC , ROOS &,Jk5SOCIATES, INC. 7o Cioffoletti Project Coordinator Cc_ 5C Mock, Roos & Associates, Inc. TnTA1 P AD Seacoast Utility Authority MPO.BB a109602ens, Florida 33410 -9602 EXECUTIVE OFFICE May 25, 2000 Ms. Sandra Parks Urban Design Studio 2000 Palm Beach Lakes Blvd. Suite 600, The Concourse West Palm Beach, FL 33409 Re: Grand Bank Center Dear Ms. Parks: This letter is to advise you that based on the water and sewer construction drawings for the above referenced project prepared by CEM Consulting dated May 17, 2000 with latest revision No. 6, and the landscape plans prepared by Urban Design Studio with a latest revision dated May 15, 2000, Seacoast Utility Authority has no objection to the proposed landscaping, a day deviation from these plans will require further review and approval by Seacoast Utility Authority. Should you have any questions, please call me at extension 3 10. Sincerely, SEACOAST UTILITY AUTHORITY Scott Serra, P.E. Engineer cat cc: B. Gregg J. Lance 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 s� INC. ( < JNSULTING CIVIL ENGINEERS. SLJR\+E)'( )RS & MAPPHS CIVIL AGRICULTURAL \HATER KESOUKCES WATER & WASTEWATEK TRANSPORTATION SURVEYING & MAPPING GIs "Partners For Results Value by Design" 550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.11)fh.com MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E. �p DATE: May 5, 2000 FILE NO.: 00 -4126 SUBJECT: Regional Center - Parcel 27.10B (Grand Bank Center) We have reviewed the revised Site Plan and Landscape Plans prepared by Urban Design Studio; Architectural Plans prepared by Alan Strassler Architects. Inc.; and Construction Plans prepared by CEM Consulting Inc. received on April 25, 2000. We have the following comments, which are based on our March 22, 2000 memorandum: �. Xonditionally Satisfied. The applicant has applied for a waiver from the loading space quantity requirement. ?� Satisfied. The applicant has revised the Site Plan and Site D *fa to reflect the nine bicycle spaces that. are required as per LDR 118 -539 (176 x 5% = 8.8 or 9). -� 3. Conditionally Satisfied. Prior to the issuance of the first building c� permit, the applicant will need to submit written authorization from the utility owner for horizontal construction/plantings within the utility easements. 4. Conditionally Satisfied. The Paving, Drainage, Water & Sewer Plans have been reviewed on a cursory level only. Complete review of these plans will be completed during the Construction Plan Review Phase. 5. Not Satisfied. The Traffic Review Analysis submitted has been , �- forwarded to our traffic consultant - roup; All comments will be forwarded when they are received. c5 1­19 m,t "* ti l Hl a.- ca%SIS 6. The applicant will need to show a drive through pass -by lanes as required by Section 118 -479 of the City's Land Development Regulations. We do not consider the ATM lane to be an adequate pass - by lane. tja L V,L1111 O INC I Regional Center - Parcel 27.10B Page 2 of 2 LBFH File No. 00 -4 126 ,.V The applicant needs to revise the site plan to remove the three parking paces at the north end of each of the drive isles, near the stop signs. Cars backing out of these spaces will back directly into the northern dnve isle. The applicant needs to show directional signage in the landscape island near the drop off jrea_ The signage should limit the drop off are to one - way traffic. ��- 9 applicant needs to show flush header curbs adjacent to the specialty paver areas. �, rte-' The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCDlcl Roxanne Manning Jim Norquest PAPROJECTSTBGMEMOW 126\4126c CITY OF PALM BEACH GARDENS MEMORANDUM TO: TaW Benothman, Senior Planner DATE: May 12, 2000 FROM: Scott Fetterman, Asst. Chief / Fire Marshal SUBJECT: Parcel 27.10B, Grand Bank Center (SP- 00 -04) Please be advised that the Fire Rescue Department has reviewed the above referenced site plan and does not have any adverse comments or concerns at this time. We specifically looked at the drive -thru area and determined that we do not have a need to access this area with vehicles. The parking areas provide adequate access points to the proposed buildings. Thank you for your concern in this matter. Please contact me if you have any further questions. �w Memo to File Subject: SP- 00 -04, Parcel 27.10B Regional Center From: Mark Hendrickson, City Forester 1% /14- Date: May 15, 2000 I have reviewed the May 15, 2000 submittal for the above - referenced petition, and I have read the responses to the SP &ARC comments from their May 9, 2000meeting. The existing and proposed vegetation within the 55' PGA Boulevard corridor overlay along the southern portion of this project meets the landscape standards as provided in Section 118 -280 (e 2). However, I have attached the 90% complete PGA Boulevard "Flyover" landscape plan that affects all of the roadway south of this project. The following are my comments and conditions for the May 23, 2000 SP &ARC meeting: Attached is the future (2005) PGA Boulevard Flyover landscape plan. The FP &L switch box is the same box as referenced on the site plan south of office building "One ". The existing sidewalk is not indicated because it is on the 27.10B site. Existing vegetation will be removed and replaced. The biggest difference is in the vegetation with the median, which will be mostly eliminated. Also, the road shoulder will be wider than what exists. The FDOT plan meets the PGA Boulevard standards. I recommend the following condition to anticipate these future roadway changes: Prior to the final certificate of occupancy of Phase 1 or 2, which ever occurs first, the applicant shall either: 1) Install the landscaping and irrigation within PGA Boulevard, per the FDOTfinal plans (based on the 90% plans dated March 31, 2000), from and including the respective median of said road to the property line, which includes all phases, or 2) Installation of the landscaping and irrigation shall be the responsibility of the applicant within 12 months of the completion of the PGA Boulevard flyover improvements, or 3) If by any other separate agreement between the applicant and the City, the above mentioned landscaping and irrigation is installed by FDOT or any other entity, the applicant shall not be responsible for said installation. There are two dead Pine trees within the existing 55' PGA Boulevard buffer. I recommend relocation the at least two of the existing Pines, that are proposed to be removed, to replace the dead pines. I will work with the petitioner to locate the proposed berm around the existing FP &L box, so the existing Oak and Pine trees can be saved, prior to establishing the Saw Palmetto plants. • I recommend that plat of this parcel indicate the 55 buffer as a landscape easement. 0 I recommend that the plat recognize the two building footprints, but all the open space and impervious areas be of one ownership and maintained as one project. 1 r� ----------------------- ------- 2X1,mn Wu_ -- ERM %3 PE ._. - -- ------ _--- -- --- ----- U � 60 BERM --\ 0 5 R7 METERS v 786 (PGA BLVD) aanSCAPE L)GHTING PLAN _' 44 I I ,& Sign Criteria: Reverse Channel Internally Illuminated Letters Letters to be fabricated with .090 aluminum faces and .040 x 2'/2" returns. Letter faces to be attached to returns with approved industry welding standards. Letters to be illuminated with EGL 6500 Snow White 13mm neon tubing. Letters to be mounted 2 %" from wall surface using concealed fasteners for halo illumination. Fasteners to be embedded in structural epoxy. All aluminum surfaces to be chemically prepared with self- etching primer. Letter surfaces to be painted with satin gloss black acrylic urethane paint. Inside of letters to be painted white to enhance illuminated. Letters to be UL listed, approved and shall bear a UL label. Flat plate aluminum letters: Letters to be fabricated with '/4" aluminum plate. Letter faces to be pin mounted to surface with' /2" spacers. Letters surfaces to be painted with satin gloss black acrylic urethane paint. RECEIVED EXHIBIT # J E CEDES art,, Of P8 C;, 16 2000 PUIVA;oNI0 ZONflV1 c L �`.�2.�. 'Y.� �3 ,...a. U,3 �� .....� #..." €� .-r �� _� ��... 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Reviewed by: Originating Dept.: Costs: $ N/A Council Action: City Attorney PUBLIC WORKS Total [ ]Approved Finance $ N/A [ ] Approved w /conditions Current FY ACM [) Denied Human Res.. Funding Source: [ ] C o n t i n u e d to: Advertised: Other Date: [ ] Operating Attachments:: Legal description, Atty. Memo, [] O t In e r Resolution, signed and sealed surveys Paper: [X] Not Required Submitted by: Bob Patty Department Director Affected parties [ X] Notified Budget Acct. #:N /A [ ] None Approved by. City Manager [ ] Not required Background: At the request of City Council, the Public Works Dept. has researched the possibility of installing future power and utility lines underground for new developments. At the first Council meeting in December of 1998, Council approved funding out of Council contingency #1 -0100 -511 .5910 to install new power lines underground along the north side of PGA Blvd. from Central Blvd. to the Fla. Turnpike. This work has been completed and FPL agreed to do the installation as long as the City would produce a limited easement agreement for these new lines. A letter of intent was sent by the previous City Mgr. To expedite the installation of these lines until the easement agreement was finalized and filed at the Courthouse. Public Works is requesting Council approval on resolution 52,2000 authorizing the Mayor and City Clerk to execute the FPL Limited Easement Agreement with the City of Palm Beach Gardens. I will be present at the Council Meeting for discussion or concerns you may have. MEMORANDUM WATTERSON, HYLAND & KLETT, P.A. To: Bob Patty, Public Works Director ®® From: Leonard G. Rubin, City Attorne Subject: FP &L Easement File No: 319.056 Date: June 29, 2000 Attached please find Resolution 52, 2000, authorizing the Mayor and City Clerk to execute the Florida Power & Light easement to construct underground facilities within the PGA Boulevard landscape buffer. The resolution has already been assigned a number, and I have informed the City Clerk to place this item on the July 20, 2000, City Council agenda. Please prepare the necessary agenda item cover memorandum and any necessary back up materials, including the reason for FP &L's request. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P: \CPW i n \H ISTORY\000616A \445. B 6(319.056) 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. WHEREAS, Florida Power and Light has requested an easement to construct underground electric utility facilities in the landscape buffer on the north side of PGA Boulevard between Central Boulevard and the Florida Turnpike; and WHEREAS, the City Council finds that the grant of the easement, with the conditions set forth therein, including but not limited to the obligation to restore any landscaping that is disturbed, is in the interest of the public health, safety and welfare. 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 an easement in favor of Florida Power and Light as set forth in Exhibit "A," a copy of which is attached hereto 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: MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P: \CPWin \H I STORY \000616A \43F.28 \stm(1501.000) EASEMENT This Instrument Prepared By Name: Carlos Marrero Co. Name: Florida Power & Light Address: 100 S. Delaware Blvd. Juuiter. FL 33458 Work Order No: 6680 -5 -454 Sec: 2 , TW'P: 42 S. RGE: 42 E. The undersigned in consideration of the payment of $ 1.00 and, other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, singularly grants and gives to Florida Power & Light Company and/or persons employed by or solely through them, an easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits and appurtenant equipment) to be installed f m time to tune; with the right to reconstruct improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 12 feet in width described as follows: See Attached Exhibit "A" Together with the right to permit only Florida Power & Light Company and/or person employed by or solely through FPL, to lay cable and conduit within the easement and to operate the same for communications purposes that are solely related to FPL operations; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, and other obstructions within the easement area; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land therefore described, over, along, under and across the roads, streets or highways adjoining or through said property. The City of Palm Beach Gardens reserves the right to establish and maintain landscaping (shrubs, bushes, sod and irrigation, while agreeing to prohibit the establishment of trees) within this area. City further conveys this easemen,; with the understanding that any landscape material disturbed through the process of maintenance and construction by FFL or by others acting in their service, shall be replaced to original landscaping specifications. This easement is not transferable to other Communication Company's, Utilities or services and is granted for the establishment and conveyance of services owned and operated by Florida Power & Light. IN THE WITNESS WHEROF, the undersigned has signed and sealed this instrument on 2000. Signed, sealed and delivered in the presence of (Witness'signature) Print Name: (witness) (Wiitness'S i g n at u re ) Print Name: ( Witness) (Corporate's Name) BY: (Mayor's Signature) Print Name: Print Address: Attest: (Cii Clerk's Signature) print Name: STATE OF AND COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by ,and respectively the (Title) and (Title), of the City of Palm Beach Gardens, on behalf of said City, wj» are personally known to me or have produced as identification, and who did (did not) take an oath. (Type of identification) My Commission Expires: ' Notary Public, Signature Print Name: adVA3�noe �Vd JiN30 LL 00 M I zo N C, • M/8 1S3M °- Z c -� Lu,_ I U ~ Z Z I I Uox° Q Z U U I I �Q�W LW l LL Z W O o 0 U_ I { p I d m z LL A `I m I wC,�0 1 C-) z o Q W LL co Z W co I o w 0 O O� H Cn Q CL w CN O¢� Z_ LL J Z Z W Cy � J Z " LL Z H U w LL M O = LL CO ~ Cl) CV p LL. LL � ry O CL O Z Z = I..L_ O < O Z > w O z Z U O J J O LU CL N U M LL_Z = ULLOU¢ LL U Q�LL�m H co O O ¢ LL. OCL T O _I Co CV M O r-- cV ch ao Q 0� J ON W Z O CL CN _ LL I Co r`� U �r,� z I Mpo?0 LU cD rn LU p 0 LU a�JM U LL1 U' z � z N z 1 LL VC) m •1 �. LL. N M O 00 V) Z \ 0 IL U 1 < LL x m I O Q O w ~ ¢ U J Cl I C) : Z I p I Hof7OLL ¢ Z. Z Y Y J LLn � CL LU I Q U a ��0 J U } .0 w t9 \ 0 C-) r� �LLU yip w�� �> .x Lii ! Q HO mH 7 Z- J I Cl) J LL Lu ! H W d W C. LC H m 0 0 S O Q U Q> U l.L=�O QJLLOC mQ Lu O_ H W Q J H W m / / z w 0� ( Q W- w I ! ¢ >�°oo OOUaQ� U_mUxQ� oCQQ >a of LL W W U o w < w> C) U �0��� o� °Oow cV. V1 v7 O_ d LL LL � 0- 1 co l r 0 0) 1 . r coo ri / / N •— CA � If dl I1 I I � 3 � I J ¢ o ! o 1 o I' I ! ,90'60Z �! 3 ,ZS�- -,OI —.ZO J m CL `i to- N C14 I- CV CV U LL co H z �r LL \ LL U �: Z co LL O LL U Z " O O U z � O CL CO �I M AVM)idVd RViS 3NIHSNns M/d ONd 3NII N0UO3S LL Cl) Q LL ~ O U Z Cl) co O Cl) = z v Cl) LL O M O W O Q �z o 0 m r in LL W. = o a Z X W < Q LL CO 0 z W co L Z LU 0 U (< >c It Q v m C7 C = 0 = ¢f LL U a L m L.L.I O c z !i2 F LU CO z CL LU J CO J Q LU E v d W O = U U_ z E o NIG m 0 O Z of Z W of W Q of o 400 (T) so Z ° o w LU z o LLJ C7 o w N J A 12 FOOT WIDE FPL COMPANY EASEMENT LYING IN A PORTION OF SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 2; THENCE NORTH 02°- 1 0' -32" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST ONE- QUARTER AND THE EASTERLY RIGHT -OF -WAY LINE OF THE SUNSHINE STATE PARKWAY FOR A DISTANCE OF 209.05 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A 12 FOOT WIDE EASEMENT (6 FEET ON EACH SIDE OF SAID CENTERLINE); THENCE RUN SOUTH 82 °- 40' -25" EAST ALONG A LINE 6 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF A 55 FOOT LANDSCAPE BUFFER EASEMENT, AS CONVEYED IN OFFICIAL RECORD 7819, PAGE 15 17, PALM BEACH COUNTY PUBLIC RECORDS, FOR A DISTANCE OF 365.93 FEET TO A POINT OF NON - TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 11608.16 FEET AND A CHORD BEARING OF SOUTH 88 ° -3 F -41" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 °- 38' -29 ", A DISTANCE OF 129.94 FEET TO A POINT KNOWN AS REFERENCE POINT "A' THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02° -27'- 29", A DISTANCE OF 497.99 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 113 10.16 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 °- 37' -40 "5 A DISTANCE OF 5 18.72 FEET; THENCE SOUTH 88 °- 22' -38" EAST, FOR A DISTANCE OF 1013.76 FEET TO TERMINATE AT A POINT ON THE WESTERLY RIGHT -OF -WAY LINE CENTRAL BOULEVARD, AS CONVEYED IN OFFICIAL RECORD BOOK 5 104, PAGE 945, PALM BEACH COUNTY PUBLIC RECORDS, FROM AFORESAID REFERENCE POINT "A ", CONTINUE SAID CENTERLINE 12 FOOT WIDE EASEMENT SOUTH 010- 47' -33" WEST (RADIAL), FOR A DISTANCE OF 49.00 FEET TO TERMINATE AT THE SOUTH LINE OF SAID LANDSCAPE BUFFER EASEMENT. JOB # 6680 -05 -454 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared 7-10-00 Meeting date 7 -20 -00 Subject/Agenda Item: RESOLUTION 53,2000 RIGHT -OF -WAY USE PERMIT PROCEDURE Recom mendation/Motion: Staff recommends that City Council adopt 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. Reviewed by: Originating Dept.: } Costs: $ NIA Council Action: City Attorney PUBLIC WORKS t\w Total [ ]Approved Finance $ N/A [ ] Approved w/ conditions Current FY ACM [ ] Denied Human Res. Advertised:N /A Funding Source: [ ] Continued t o : Other Date: [ ] Operating Attachments:Memo from City Engineers, R -O -W [ j 0 t h e r Use Permit, Standards For Installation, Detail Sheets. Paper: [ ] Not Required Submitted by: Daniel P. Clark P.E. Depart�ent m Di Cto Affected partiesN /A [ ] Notified Budget Acct. #:N /A [ ] None Approved by: ,itV Manager ( 1 Not reauired Background: See attached memo to City Mgr. From City Engineers and Public Works. MEMORANDUM WATTERSON, HYLAND & KLE:TT, P.A. To: Bob Patty, Public Works Director cc: Dan Clark, City Engineer From: Leonard G. Rubin, City Attorney Cl Subject: Right -of -Way Permit Application and Standards File No: 319.056 Date: July 7, 2000 Attached please find Resolution 53, 2000, adopting a uniform right -of -way permit application and standards for utility installations in public rights -of -way and easements. Please note that the resolution has already been assigned a number by the City Clerk. Please forward the resolution, along with an agenda item cover fTlem and the appropriate back up to the City Clerk for inclusion in the July 20, 2000, City Council agenda. Please note, however, that under the new comprehensive communication tax legislation, the City's ability to charge a fee will be limited to $100.00 to providers of communications services. This portion of the legislation is effective October 1, 2000. Should you have any questions relative to the foregoing, please do not hesitate to contact me. P: \CPW i n \H I STORY\000616A \445.69(319.056) C.C.- - CVk;*- Got-r4 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. WHEREAS, the City Council finds that it is in the best interest of the public health, safety and welfare to adopt a uniform right -of -way permit application and standards for utility installations in public rights -of -way and easements so as to minimize disruption to vehicular and pedestrian traffic and ensure that rights -of -way and easements are restored to their original condition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby adopts the Right -of -Way Use Permit Application and Standards for Utility Installations in Public Rights -of -Way and Easements, a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section 2. The Permit Application and Standards adopted herein shall apply to all persons seeking to perform any construction activities within City rights -of -way and easements as of the effective date of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS O DAY F .2000. MAYOR JOSEPH R. RUSSO ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN _ _ COUNCILMAN SABATELL0 COUNCILWOMAN FURTADO COUNCILMAN CLARK P: \CP Win \HI STORY \000616A\43F.29\stm(1501.000) CITY OF PALM BEACH GARDENS MEMORANDUM TO: Nabar Martinez, City Manager Date: July 10, 2000 APPROVED: Robert Patty, Public Works Director -K6? FROM: Daniel P. Clark, P.E., Asst. City Engineer SUBJECT: Right -of -Way Use Permit Application and Standards for Utility Installations In Public Rights -of -Way and Easements The Public Works Department is requesting that City Council adopt Resolution 53, 2000 - Right -of -Way Use Permit Application and Standards for Utility Installations in Public Rights - of -Way and Easements. BACKGROUND: The Public Works department and the City Engineer were tasked with developing a permit application for utility installations in City rights -of -way and easements, as well as standards for utility installations. The intent of the application is to minimize disruption to vehicular and pedestrian traffic, and to ensure that City rights -of -way and easements are restored to City standards. DISCUSSION: The City finds that it is in the best interest of the public health, safety and welfare to adopt a uniform right -of -way permit application and standards for utility installations in public rights -of -way and easements so as to minimize disruption to vehicular and pedestrian traffic and ensure that rights -of -way and easements are restored to their original condition. RECOMMENDATION: Staff recommends that City Council adopt 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. Cc: Dr. Beth Ingold -Love, Assistant to City Manager Sheet 1 of 6 CITY OF PALM BEACH GARDENS RIGHT- OF-WAY USE PERMIT APPLICATION For a permit to install, construct, maintain, repair, operate or remove lines or equipment for the transmission and distribution of water, sewage, gas, power, telephone, television, telecommunications and other public utilities within the City of Palm Beach Gardens' rights -of- way and easements. A. Directions to Applicant: Submit an original application and five (5) sets of Construction Plans referenced in Item B.5 below. 2. Attach exhibits where required or where there is insufficient space on this form. 3. A fee of seven hundred and fifty dollars ($750) must accompany each Application (fee waived for State, County and Municipal Governments) with certified check made payable to the City of Palm Beach Gardens. If the construction duration is longer than four (4) weeks, an additional fee of five hundred dollars ($500) will be required for each additional four (4) week increment. 4. Mail or hand deliver completed application with check (when applicable) to: CITY OF PALM BEACH GARDENS 3704 Burns Road Palm Beach Gardens, Florida 33410 B. Information and Requirements: The full name and address of the applicant is: Name Title Address County State Zip Phone 2. The character of the organization is as follows: Corporation Partnership Individual Proprietorship O r z1,�DnflPrnfit a t i o n Date Established Government Agency PA79- 0050PWWRight -of -Way Use Permit Application Sheet 2 of 6 3. Information on proposed work: a. Number and type of projects within the City's rights -of -way or easements: Aerial B Directional e Open cut (paved) J a c k & B o r e Open cut (unpaved) b. Estimated cost of construction within rights -of -way or easements, including restoration: C. Estimated lineal feet of cable or pipe within rights -of -way or easements: d . Location of improvements: 0. Brief description of improvement (e.g., type of utility, etc.): f. Proposed start date *: g. Proposed end date *: * Note: The permittee shall, within seven (7) days prior to the start of construction, define the actual start date and end date of the disruption of the City's rights -of -way. 4. For the purposes of this document and its attachments, any references to the City shall be interpreted as the City of Palm Beach Gardens Public Works Director or his assigns. 5. Applicant is to provide complete construction drawings (5 sets) of the proposed project. The drawings submitted shall contain a location map which includes the section, township and range as well as the name of the road right -of -way, and P: \79- 0050PW\w \Right -of -Way Use Permit Application Sheet 3 of 6 shall delineate the beginning and end of the proposed project. Detailed plans and sections shall be drawn to a scale of F = 50' or larger, and drawings must contain complete information necessary for construction. 6. One (1) copy of all applicable regulatory agency permits shall be submitted prior to the issuance of this permit. 7. Surety Bond and Certification of Insurance: Prior to the issuance of this permit, the applicant must submit: a . Surety in an amount equal to the estimated cost of the construction and the restoration of the rights -of -way, roadways and utility easements in favor of the City, as approved by the City. b . A certificate of insurance showing that the applicant has secured general liability insurance coverage naming the City as an additional insured in amounts not less than $ 10 0, 0 0 0 p e r person/$200,000 p e r accident /$100,000 for property damage. 8. An assessment of $1,000 per day will be deducted from the surety for work not completed within the Construction Period presented in Items B.3.f. and B.3.g., if such delay is within the Applicant's control. 9. Where the Applicant is prevented from completing the work within the Construction Period presented in Items B.3.f and B.3.g. due to delay beyond the control of the Applicant, the Construction Period will be extended in an amount equal to the time lost due to such delay. Delays beyond the Applicant's control shall include, but not be limited to, acts or neglect by the City, fires, floods, epidemics, abnormal weather conditions, or acts of God. 10. Applicant shall provide the City with a copy of occupational Licenses at the time of the application. 11. After facilities herein described are completed, the applicant agrees to file with the City signed and sealed Record Drawings of facilities as constructed, indicating any variations from either vertical or horizontal planes shown on drawings called for in Item B.S. These will be required prior to returning the surety. 12. The roadway rights -of -way or easements, in their entirety, shall be restored to current City standards at the conclusion of the work. A joint inspection of the construction site by the contractor and a City representative shall be made no later than 24 hours before work begins, and upon completion and restoration of the project. At the discretion of the City, a pre - construction meeting may be required in lieu of the above - referenced pre - construction joint inspection of the jobsite. PA79- 0050PW\w \Right -of -Way Use Permit Application Sheet 4 of 6 13. Applicant agrees to comply with the attached City of Palm Beach Gardens Standards for Utility Installations in Public Rights -of -Way and Easements. 14. Applicant declares that prior to filing this application, the location of all existing utilities (both aerial and underground) have been located by the current APPROVED underground facilities contractor. 15. Applicant shall commence actual construction in good faith within sixty (60) days from the approval date of this Application. Failure to do so will result in the expiration of the permit and forfeiture of all fees, and a new application, including fees, shall be required. 16. The proposed construction and maintenance of the utility shall not interfere with the property and rights of a prior licensee. 17. Applicant agrees that if the City determines that it is necessary to relocate licensed lines lying within the City's rights -of -way or easements to facilitate a proposed City project, the Applicant shall relocate said lines at their expense within sixty (60) days of receiving written notification from the City. 18. Failure to obtain a Right -of -Way Use Permit prior to beginning work in the City's rights -of -way or easements shall result in a fine of $750, and the Contractor may be required to restore the City's rights -of -way and easements to current City standards. Prior to continuing the work, the Contractor shall be required to submit a new application for a Right -of -Way Use Permit, including fees. 19. The Applicant, shall indemnify, defend, and hold harmless the City and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by the Applicant, its agents, employees, or subcontractors during the performance of the Contract, whether direct or indirect, and whether to any person or property to which the City or said parties may be subject, except that neither the Applicant nor any of its subcontractors will be liable under this Article for damages arising out of the injury or damage to persons or property directly caused or resulting from the SOLE negligence of the City or any of its officers, agents or employees. It is the Applicant's obligation to indemnify, defend, and pay for the defense or at the City's option, to participate and associate with the City in the defense and trial of any damage claim or suit, and any related settlement negotiations shall be triggered by the City's notice of claim for indemnification to the Applicant. The Applicant's inability to evaluate liability or its evaluation of liability shall not excuse the Applicant's duty to defend and indemnify within seven days after such notice by the City is given by registered mail. Only an adjudication or judgement after highest appeal is exhausted specifically finding the City SOLELY negligent shall excuse performance of this provision by the Applicant. The Applicant shall pay all costs and fees related to this obligation and its enforcement by the City. PA79- 0050PWWRight -of -Way Use Permit Application Sheet 5 of 6 The City's failure to notify the Applicant of a claim shall not release Applicant of the above duty to defend. 20. Once the Right -of -Way Use Permit is approved by the City, a letter of notification providing the proposed start date shall be received by the various utility companies and governmental agencies affected by the project, including the City's Public Works department, at least fourteen (14) days prior to the commencement of the work. A list of the notified agencies shall be given to the City. No construction will be permitted until all notification requirements have been completed. 21. For any proposed road closures or traffic disruptions, the Applicant or their designated agent shall submit a Maintenance -of- Traffic Plan prepared by a certified Contractor to the City for review. In addition, the Applicant or their designated agent shall notify, within five (5) working days prior to the proposed construction, the City, and shall place an advertisement describing the proposed road closure or traffic disruption in the primary newspaper of the City of Palm Beach Gardens. No construction will be permitted until all notification requirements have been completed. 22. In order to notify the local residents that may be affected by the proposed project, the Applicant shall erect flashing information boards, which provide a brief description of the proposed project, including the start and finish dates of the project, at the beginning and end limits of the project. The information boards shall be left in -place for the duration of the work in the City's rights -of -way and easements. P: \79- 0050PWWRight -of -Way Use Permit Application Sheet 6 of 6 I ( *Applicant) do solemnly swear that the facts stated in the foregoing application, and all exhibits attached hereto, are true and correct, and that the statement of facts constitutes a complete statement of the matter to which it relates. Witness : Applicant's Signature Title of Applicant Subscribed and sworn to before me this day of , 20_ Notary Public My commission expires * If Applicant is a corporation, the affidavit shall be made by the President or other officer authorized by the by -laws of the corporation to act for it. If Applicant is a partnership or association, a member of the organization authorized to make such affidavit shall execute same. NOTE: If you have questions, please contact: CITY OF PALM BEACH GARDENS PUBLIC WORKS DEPARTMENT 3704 Burns Road Palm Beach Gardens, Florida 33410 PHONE: (561) 7758274 FAX: (561) 775 -8279 A signed and dated copy of this page of the application constitutes an approved City of Palm Beach Gardens Right -of -Way Use Permit. APPROVED BY: Public Works Director: PA79- 0050PMMRight -of -Way Use Permit Application Project Name: Permit No.: Date: Sheet 1 of 5 CITY OF PALM BEACH GARDENS STANDARDS FOR UTILITY INSTALLATIONS IN PUBLIC RIGHTS -OF -WAY AND EASEMENTS 1. PAVEMENT CUTTING (A) All pavement crossings shall be made by jack and bore, directional bore or augering (unless pavement cutting is allowed) and shall contain an adequate casing if required. All jack and bore crossings shall be a continuous operation at the approved location and depth. Any deviation from the above shall be sufficient grounds for work stoppage, plugging the line with concrete and placement of the line at the proper location. (B) Open cutting of existing pavement will generally not be allowed, but may be considered under one or more of the following conditions: Sub- surface obstructions Extreme high water table Limited space for j acking pits Conditions of roadway surface — including imminent resurfacing and rebuilding Extreme economic hardship (C) In any analysis of a request for open cutting, primary consideration shall be given to the safety and convenience of the public. Where open cutting is permitted, replacement of subgrade, subbase, base and asphalt surface courses shall be in accordance with the attached sketches, the latest State of Florida Department of Transportation specifications and /or any special provisions of this permit. When traffic is to be placed on a cut area, a temporary patch with a smooth, all - weather asphalt surface course shall be provided until permanent replacement. Temporary striping shall be placed in the construction area to match that which existed prior to the commencement of construction. At the conclusion of construction, permanent Thermoplastic striping shall placed on the roadway in accordance with the latest Florida Department of Transportation specifications. (D) Residential driveways that are required to be open cut will be replaced from the existing edge of pavement to the right -of -way line or edge of sidewalk, whichever is greater. The Permittee shall warrant all replaced driveways for a period of one (1) calendar year from the date of final acceptance against failure. All failing driveways shall be replaced at the Permittee's expense within twenty (20) days of the City's request. PA79- 0050MMStandards for Utility Installations in Public ROW and Easements Sheet 2 of 5 2. SPECIAL REQUIREMENTS FOR UTILITY INSTALLATION, RESTORATION OF RIGHTS -OF -WAY AND MAINTENANCE OF UTILITY (A) All City and private properties shall be restored to current City standards in a manner satisfactory to City. All areas to be involved in construction shall be video taped by the Permittee prior to beginning the work. A copy of the videotape shall be given to the City. (B) At all open cut crossings, unless otherwise authorized by the City, a minimum of one -way traffic shall be maintained during daylight hours, and two -way traffic at night. All traffic detours shall be restricted to the limits of public rights -of -way consistent with the City's approved Maintenance -of- Traffic plan. A Maintenance -of- Traffic plan, prepared by a certified Contractor, shall be submitted for the City's review with the Right -of -Way Use permit application. (C) All necessary signs, flagmen and other safety devices shall be used in accordance with the Florida Department of Transportation's Safety Manual and Manual on Uniform Traffic Control Devices. (D) All utilities, including side drains, side ditches and storm sewers shall be referenced as to grade and location in Exhibits submitted with the Right - of -Way Use Permit application. (E) When deemed necessary, density tests will be required by the City. Criteria for tests shall be as follows: A minimum of two density tests shall be taken for each six (6) inch lift of subgrade, subbase and base material at each open cut crossing. When the specified compacted base is greater than six (6) inches, the base material shall be placed and compacted in two or more layers. Each layer shall be a maximum of 6" in loose thickness. Proctors for materials used in backfilling, and density tests shall be performed by a certified testing laboratory. The percentage of maximum density required shall be in accordance with the latest edition of the Florida Department of Transportation Standard Specifications at the time the permit is issued. All density tests shall be completed and accepted on each layer prior to additional backfilling. A copy of all completed and accepted density tests shall be furnished to the City prior to final inspection. (F) Approved City details are attached to this document which show proper placement when open cut is allowed. In some instances, additional paving shall be required. Replacement of road surface material, other than flexible or concrete pavement, shall be consistent with the existing surface material. PA79- 0050PW\w \Standards for Utility Installations in Public ROW and Easements Sheet 3 of 5 (G) Prior to the completion of the project, temporary patches shall be installed at the end of each workday and maintained so as to provide a smooth all - weather surface at all times. Permanent replacement of the temporary patch shall be made as soon as all work within the City's rights -of -way or easements has been completed. Striping shall be required at all times. (H) Where pavement, till slopes, shoulders and ditches are disturbed, they shall be stabilized as directed by the City in a manner that will afford protection against erosion. Trenched areas outside of the actual roadway shall be restored to current City standards, with replacement material thoroughly rolled or tamped to maximum density. All work shall be performed to the satisfaction of the City. (I) All installations shall be constructed in a workmanlike manner, via: (1) Trenches shall be backfilled in a thoroughly compacted manner so no future settling will occur. (2) The Permittee shall submit copies of density test reports performed by a certified testing laboratory. Density test reports shall be furnished prior to final inspection. (3) The finished surface of the excavated area shall be replaced to current City standards, unless otherwise specified by the City (4) At the expense of the Permittee, all excess material acquired from the City rights -of -way shall either be, at the discretion of the City, hauled to a designated City site within the City limits, or hauled to a licensed disposal site. (J) Correspondence regarding construction activities shall be directly with the Permittee or their consultants, and not through a contractor or subcontractor. (K) At such locations where City signs and reflectors will interfere with the proposed construction, the Permittee or their consultants will notify the City twenty -four (24) hours in advance of the interference. Any signs or reflectors damaged, destroyed, removed or relocated shall be replaced by the permittee. Temporary signage shall be maintained at all times. Permanent signage shall be replaced as quickly as practical. (L) All trees and /or shrubbery damaged or disturbed during construction shall be replaced by the Permittee at their expense as directed by the City. All debris shall be removed by the Permittee at their expense at the end of each day. PA79- 0050PMMStandards for Utility Installations in Public ROW and Easements 3. 4. Sheet 4 of 5 (M) Grassing and mulching operations shall be phased. The phasing plan shall be reviewed and approved by the City. All requirements regarding grassing and mulching shall be in accordance with the current Florida Department of Transportation specifications. Any yards or parts of rights - of -way in front of private property that have a grass mat shall be re- sodded with like sod, or otherwise, to the satisfaction of the City. (N) The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. LOCATION CRITERIA FOR UTILITIES (A) All utilities shall be installed in accordance with the latest editions of the Federal Standards as listed in the Florida Public Service Commission Rule 25 -12.05 as amended by Order No. 5221 issued by the Commission September 17, 1971, with any subsequent modifications thereto, the National Electrical Code, the State of Florida Department of Transportation's Safety Manual and the Department's Manual on Uniform Traffic Control Devices, the Florida Department of Environmental Protection, and the Palm Beach County Public Health Unit. (B) All utilities shall be installed in accordance with generally accepted codes and utility standards. (C) It shall be the Permittee's responsibility to resolve all conflicts with previously installed utilities at their own expense. This may require relocating previously installed utilities. (D) All utility installations shall maintain a minimum clearance of 12" over or under culverts, and shall be protected unless otherwise approved by the City. (E) Where possible, the edges of the excavation shall be at least five (5) feet from the edge of the pavement. This requires that the utility be placed a sufficient distance from the pavement to allow five (5) feet between the pavement and the excavation. Permission from the City is required if this is not possible. MAGNETIC TAPE It shall be the responsibility of the utility company or its agent to provide magnetic tape under the following conditions: All buried, non - metallic utility piping which cannot be located with a metal detector device must be overlain, within the pipe trench, with continuous PA79- 0050PWMMStandards for Utility Installations in Public ROW and Easements Sheet 5 of 5 magnetic (metal marking) tape. The tape shall be located a minimum distance of twelve (12) inches above the top of the pipe. PA79- 0050PWWStandards for Utility Installations in Public ROW and Easements PAI --3 1 - - I OVERLAY f-- 2' MIN. 1 BOTTOM, LEFT, & RIGHT SIDES TO BE 12" MIN. - OVERLAY 2' M I I A. OVERLAY 25.0' FROM CENTER LINE OF TRENCH BOTH SIDES OF OPEN CUT WITH 1" MINIMUM TYPE S -III ASPHALT OR MATCH EXISTING SURFACE MATERIAL WHEN POSSIBLE. 8. CONSTRUCT 2.0' DEEP x WIDTH AND LENGTH OF TRENCH WITH CEMENTED COQUINA OR LIMEROCK. SEE SPECIFICATIONS #2 BELOW FOR COMPACTION REOUIREMENTS. C. PROVIDE CLEAN BACKFILL. BACKFILL SHALL BE REPLACED IN LIFTS NOT GREATER THAN 6" LOOSE THICKNESS. EACH LIFT SHALL BE MECHANICALLY COMPACTED TO A MINIMUM 100% DENSITY AS DETERMINED BY AASHTO T -99, METHOD "C" OR 98% DENSITY AS DETERMINED BY AASHTO T -180. D. DITCH WIDTH (W) +12 „, MATCH EXISTING TYPE AND THICKNESS OF ASPHALT OR USE TYPE S -III. NOTES: 1, REPLACED BASE MATERIAL OVER DITCH SHALL BE AS SHOWN ABOVE. 2. BASE MATERIAL SHALL BE PLACED IN LIFTS NOT GREATER THAN 6” LOOSE THICKNESS. EACH LIFT SHALL BE THOROUGHLY MECHANICALLY COMPACTED TO 98% DENSITY AS DETERMINED BY AASHTO T -180. 3. ASPHALT CONCRETE PAVEMENT JOINTS SHALL BE LAPPED AND FEATHERED. 4. ALL PAVEMENT JOINTS SHALL BE MECHANICALLY SAWED. 5. SURFACE MATERIAL WILL BE CONSISTENT WITH EXISTING SURFACE OR AS OTHERWISE DIRECTED (TYPE S -111) AND PLACED IN ACCORDANCE WrH FDOT REQUIREMENTS. 6. A MINIMUM OF TWO DENSITY TESTS SHALL BE TAKEN FOR EACH SIX (6) INCH LIFT OF SUBGRADE AT EACH OPEN CUT CROSSING. WHEN THE SPECIFIED COMPACTED BASE IS GREATER THAN SIX (6) INCHES, THE BASE SHALL BE CONSTRUCTED IN TWO OR MORE LAYERS. EACH LAYER SHALL BE A MAXIMUM OF 6" LOOSE THICKNESS. PROCTORS AND DENSITY TESTS ON MATERIALS USED IN BACKFILLING SHALL BE PERFORMED BY A CERTIFIED TESTING LABORATORY. THE PERCENTAGE OF MAXIMUM DENSITY REQUIRED SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS. A COPY OF ALL COMPLETED AND ACCEPTED DENSITY TESTS SHALL BE FURNISHED TO THE PUBLIC WORKS DIRECTOR'S OFFICE PRIOR TO FINAL INSPECTION. 7. NO "OPEN CUT" WILL BE PERMITTED BEFORE THE FEASIBILITY OF JACK AND BORE HAS BEEN REVIEWED. 8. ROAD CLOSURES WILL REQUIRE A FIVE (5) WORKING DAY NOTICE TO THE CITY'S PUBLIC WORKS DEPARTMENT AND PRIMARY NEWSPAPER PRIOR TO BEGINNING THE WORK. CITY OF PALM BEACH GARDENS STANDARDS & DETAILS REVISION FLEXIBLE PAVEMENT REPLACEMENT PAGE OPEN -CUT DETAIL Details Water — Was tewater \City of Polm Beach Gardens \flex— pav— rep.dwg i[ll■►LyilUl 10' MIN. MONOLITHIC SLAB 10' MIN. NEAREST NEAREST JOINT IN 2 MIN. 2 MIN. JOINT IN PAVEMENT TOR REPLACEMENT PAVEMENT PAVEMENT 8" MIN. 4 D D D 4 D EXIST. CONC. 18" �% \ \ \/ SEE LOCATION PAVEMENT (TYP.) / \ CRITERIA Q `j \\% DIA. VARIES 12" MIN. VARIES 12" MIN. THE BACKFILL FOR AO AND © SHALL BE PLACED IN MAXIMUM 6" LAYERS (COMPACTED THICKNESS) AND SHALL BE COMPACTED To 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T -180. Q THE PERMITTEE SHALL PROVIDE ADEQUATE COMPACTED FILL BENEATH THE HAUNCHES OF THE PIPE, USING MECHANICAL TAMPS SUITABLE FOR THIS PURPOSE. THIS COMPACTION APPLIES TO THE MATERIAL PLACED BENEATH THE HAUNCHES OF THE PIPE AND ABOVE ANY BEDDING REQUIRED. O THE PERMITTEE SHALL PROVIDE A WELL COMPACTED BED AND FILL ALONG THE SIDES OF THE PIPE TO A POINT INDICATING THE BOTTOM OF REPLACEMENT PAVEMENT. GENERAL NOTES: 1. 3000 P.S.I. CONCRETE, BY USE OF HIGH EARLY STRENGTH CEMENT, TO BE USED FOR REPLACEMENT, OR OTHER APPROVED HIGH STRENGTH, FAST SET MATERIALS. 2. CONCRETE PAVEMENT JOINTS SHALL BE MECHANICALLY SAWED TO CONFORM WITH ADJOINING SLABS. 3. BACKFILL MATERIAL SHALL BE EITHER OF THE SAME TYPE AND COMPOSITION AS THE MATERIAL REMOVED, OR OF EQUAL OR GREATER STRUCTURAL ADEQUACY. MATERIALS CONTAMINATED WITH DELETERIOUS SUBSTANCES DURING EXCAVATION SHALL NOT BE USED. a. FLOWABLE FILL MAY BE USED IN LIEU OF COMPACTED MATERIAL. 5. A MINIMUM OF TWO DENSITY TESTS SHALL BE TAKEN FOR EACH SIX (6) INCH LIFT OF COMPACTED BACKFILL AT EACH OPEN CUT CROSSING. PROCTORS AND DENSITY TESTS ON MATERIALS USED IN BACKFILLING SHALL BE PERFORMED BY A CERTIFIED TESTING LABORATORY. THE PERCENTAGE OF MAXIMUM DENSITY REQUIRED SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS. A COPY OF ALL COMPLETED AND ACCEPTED DENSITY TESTS SHALL BE FURNISHED TO THE PUBLIC WORKS DIRECTOR'S OFFICE PRIOR TO FINAL INSPECTION. 6. NO "OPEN CUT" WILL BE PERMITTED BEFORE THE FEASIBILITY OF JACK ANO BORE HAS BEEN REVIEWED. 7. ROAD CLOSURES WILL REQUIRE A FIVE (5) WORKING DAY NOTICE TO THE CITY'S PUBLIC WORKS DEPARTMENT ANO PRIMARY NEWSPAPER PRIOR TO BEGINNING THE WORK. CITY OF PALM BEACH GARDENS STANDARDS & DETAILS REVISION RIGID PAVEMENT REPLACEMENT PAGE OPEN -CUT DETAIL 1 L• RLdns' �wdt'er— wa §iewa'te� \Citv'm''%nrm Ueacn ^udra�ns \riaid— Dav— reD.awa CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 20, 2000 Date Prepared: July 10, 2000 SUBJECT /AGENDA ITEM: Consideration of Approval of Resolution 55, 2000, authorizing the Mayor and City Clerk to execute an Interim Right of Way Use Agreement with FPL FiberNet for the installation of telecommunications facilities. RECOMMENDATION: Approval of Resolution 55, 2000 Reviewed by: Originating Dept: Costs: Council Action: City Attorney[_ City Attorne Not Applicable [ ] Approved [ ]Approved with conditions Funding Source: [ ] Denied [ ] Continued to: Submitted by: Advertised: City AttorneDate: Not applicable Paper: [X] Not Required Approved by: Attachments: City Manager Affected parties: Resolution 552000 Interim Right -of -Way Use [ ] Notified Agreement rXl Not Reauired 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 C/t Subject: FPL FiberNet Interim Right -of -Way Use Agreement (Reso. 55, 2000) Date: July 10, 2000 This is a request for approval of Resolution 55, 2000, authorizing the Mayor and City Clerk to execute an Interim Right -of -Way Use Agreement with FPL FiberNet. FPL FiberNet seeks approval for the construction of telecommunications facilities within the City's rights -of -way. Florida law requires that all certified telecommunications companies be treated equally with respect to the use of municipal rights -of -way and prescribes certain fees that may be charged with respect to such use. The key terms of the proposed Agreement are as follows: FPL FiberNet is granted a non - exclusive right to construct telecommunications facilities within the City rights -of -way. FPL FiberNet will pay the City an annual fee of $500.00 per lineal mile of cable or fiber optic installed within the City right -of -way, as provided by statute. FPL FiberNet will be required to apply for and receive a City Right -of -Way Use permit and pay all applicable fees. The Agreement will terminate if FPL FiberNet becomes a telecommunications provider and will be required to apply for a franchise and pay a fee equal to 1% of its gross receipts on local service revenues. The term is limited to two years due to the Florida Legislature's enactment of the Communications Service Tax Simplication Law, which requires the City to adopt, by ordinance, uniform standards applicable to all telecommunications providers. Once such ordinance is adopted, the Agreement will terminate. P: \CPWin \History\000306A \446.23 (scw) (319.055) 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. WHEREAS, FPL FiberNet LLC has requested permission to utilize the City's rights -of- way to install its telecommunications facilities; and WHEREAS, due to the Florida Legislature's recent adoption of the Communications Services Tax Simplification Law, the City will be required to adopt new ordinances regulating the use of public rights -of -way and imposing a local option communications tax; and WHEREAS, the City Council finds it to be in the best interest of the City to enter into an Interim Right -of -Way Use Agreement so as to allow FPL FiberNet to proceed with the construction of its facilities prior to the City's adoption of comprehensive regulations governing the use of its rights -of -way by telecommunications providers. 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 an Interim Right -of -Way Use Agreement with FPL FiberNet, a copy of which 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 7 2000. ATTESTED BY: MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK - - P: \CPWin \H I STORY \000616A \43F.2A \stm(1501.000) INTERIM RIGHT- OF-WAY USE AGREEMENT THIS INTERIM RIGHT -OF -WAY USE AGREEMENT ("Use Agreement") is made as of this day of , 2000, by and between the City of Palm Beach Gardens ( "City "), a municipal corporation organized and existing under the laws of the State of Florida, and FPL FiberNet, LLC ( "Company "), a Delaware company authorized to do business within the State of Florida and having its principal office at 9250 W. Flagler Street, Miami, Florida 33174 RECITALS WHEREAS, the Florida Legislature has provided for competitive telecommunications services and requires that companies providing certain telecommunications services obtain certification from the Florida Public Service Commission; and WHEREAS, the Company has been certified by the Florida Public Service Commission to provide telecommunications services; and WHEREAS, the Company desires to construct, install and maintain telecommunications facilities within the public rights -of -way of the City. NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Company agree as follows: SECTION 1. Definitions. A. City is the City of Palm Beach Gardens, Florida. B. Company is FPL FiberNet, LLC. C. Person is any person, firm, partnership, association, corporation, company or organization of any kind, except the City. D. Public Rights -of -Way means the surface and the areas across, in, over, along, upon and below the surface of the public streets, roads, lanes, courts, boulevards, alleys, highways, waterway, bridges, sidewalks, driveways, curbs or other public places under ownership and control of the City, including, without limitation, all public utilities easements and public service easements, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City or in such territory as may be consolidated or annexed to the City. E. Telecommunications System or System means the Company's system which is used in the City for the provision of telecommunications services which the Company is authorized to provide by state or federal law. F. Telecommunications Services shall mean any services that the Company is authorized to provide by state or federal law. SECTION 2. Scope of Use. Subject to the provisions of this Use Agreement and all applicable laws, the City hereby grants to the Company the non - exclusive right to construct, install, maintain, locate, move, place, reconstruct, reinstall, relocate, remove, replace its Telecommunications System within the Public Rights -of -Way for the purpose of providing Telecommunications Services. SECTION 3. Term and Effective Date. Except as otherwise provided in Chapter 337, Florida Statutes, and other applicable state and federal laws, this Temporary Agreement and the license granted hereunder shall commence upon approval of this Temporary Agreement by Resolution of the City Council and then on the date of execution of same by City and shall continue for a term of two (2) years, unless terminated earlier as provided herein. This Temporary Agreement will be terminated sixty (60) days after adoption of a permanent Right -of -Way Ordinance or Comprehensive Telecommunications Ordinance by the City, at which time the Company shall be required to comply with all the terms and provisions thereof. -2- SECTION 4. Non - Exclusive Right. The Company's use of the Public Rights -of -Way shall be non - exclusive and shall not affect the right of the City to grant to itself or any other person the right to use the Public Rights -of -Way for the construction, reconstruction, maintenance and operation of telecommunications facilities or for any purpose whatsoever so long as such grant does not adversely or discriminatorily affect the company's right to use the Public Rights -of -Way. SECTION 5. Manner of Construction. The construction, installation, maintenance and removal of the Company's Telecommunications System shall be accomplished without cost or expense to the City and in such a manner so as not to endanger persons or property, or unreasonably interfere with the traveling public or other users of the Public Rights -of -Way. SECTION 6. Condition of system. The Company agrees to keep its Telecommunications System in good and safe condition and free from any nuisance. SECTION 7. Filing of Permit, Plans and Specifications. The Company shall file a Right of Way Use permit application with the City prior to the construction and installation of its Telecommunications System and shall receive permit approval prior to commencement of any construction or installation of its Telecommunications System in the City's Rights -of -Way, which approval shall not be unreasonably withheld or delayed. The Company shall comply with all City Standards for Utility Installations in Public Rights -of -Way and Easements. SECTION 8. Inspection, Placement of Facilities; Safety. The City shall have the right to inspect, at reasonable times and in a reasonable manner, the installation, construction and maintenance of the Telecommunications System of the company in the Public Rights -of -Way to ensure conformance with the terms of this Use Agreement. SECTION 9. Restoration of Public Rights -of -Way. Following the construction, relocation or removal of its Telecommunications System, the Company shall, at its own cost and -3- repair, return the Public Rights -of -Way to as good a condition as existing before such construction, relocation or removal. The Company shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to the company's installation, maintenance, repair or removal of its Telecommunications System, and shall repair, replace and restore in kind, the same damaged property at its sole expense. SECTION 10. Relocation for Road Purposes. The Company, at its own cost and expense, shall relocate, in cooperation with the City, its Telecommunications System or any part thereof installed, used and maintained under this Use Agreement if and when the City finds that such System or any part is unreasonably interfering with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such Public Rights -of -Way, except as may otherwise be provided by law. SECTION 11. Emergency Removal of Network. If at any time, due to an emergency situation in the City, it shall become necessary in the reasonable judgment of the City to move any part of the company's Telecommunications System, the City shall immediately notify the Company at the emergency notification number provided to the City for such purpose and the Company shall respond with all possible dispatch to alleviate or remedy the situation. SECTION 12. Removal or Abandonment. Upon termination of the Use Agreement and, at the request of the City, the Company shall remove its Telecommunications System from the Public Rights -of -Way and shall restore any affected property to as good a condition as existed prior to the installation of the Telecommunications System, or, with the City's permission, abandon some or all of the System in place. -4- SECTION 13. As -Built Drawings. The Company shall furnish the City with as -built drawings of the any new construction of its Telecommunications System within sixty (60) days of completion of such construction. SECTION 14. Insurance. A. The Company shall maintain throughout the term of this Use Agreement, at its sole cost and expense, the following types and limits of insurance: 1. Workers' compensation insurance within Florida statutory limits and employers' liability insurance with minimum limits of One Hundred Thousand Dollars ($100,000) each accident. 2. Comprehensive general liability insurance with minimum limits of One Million Dollars ($1 000,000) as the combined single limit for each occurrence ofbodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability; coverage for independent contractor's liability; and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. 3. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by the Company, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of the applicable State law, including residual liability insurance with minimum limits of One Million Dollars ($1 000,000) as the combined single limit for each occurrence for bodily injury and property damage. -5- B . The Company and the City agree that the Company may self - insure its obligations under this Use Agreement, provided that the Company produces evidence satisfactory to the City demonstrating its financial ability to self - insure to the coverage and limits required under this Section. The Company shall provide the City with thirty (30) days written notice prior to cancellation, revocation, non - renewal or material change in such self - insurance. C. Unless the Company self - insures as provided in section (B) above, all certificates of insurance shall name the City as an additional insured. D. At least sixty (60) days prior written notice shall be given to the City by the insurer of any intention not to renew such policy or to cancel, replace, or materially alter same, such notice to be given by registered mail to the City. The Company shall be responsible for ensuring that the insurer notifies the City. SECTION 15. Hold Harmless and Indemnification. The City shall not be liable or responsible for any accident or damage that may occur in the installation, operation, maintenance, removal or replacement by the Company of its Telecommunications System hereunder and the acceptance of this Use Agreement shall be deemed an agreement on the part of the Company to indemnify the City and hold it harmless against any and all claims, liability, loss, cost, damage or expense, of any type or nature whatsoever, including reasonable attorney's fees and court costs, which may arise from the granting of the Company's Use Agreement and the Company's activities associated with the installation, operation, maintenance, removal or replacement of the Company's Telecommunications System hereunder; provided that no such obligation shall extend to claims resulting from the negligence or willful acts or omissions of the City, its employees, or agents. S, SECTION 16. City Compensation. A. In consideration of this Use Agreement, the Company shall pay to the City an annual Use Agreement fee of five hundred dollars ($500.00) per linear mile of the Company's System which makes physical use of the Public Rights -of -Way; provided, however, that the fee imposed hereunder shall not apply in any manner to the Company if it commences to provide such telecommunications services as defined in Section 203.012(3). If the Company commences such services, this Use Agreement shall terminate and the Company shall be required to enter into a Franchise Agreement with the City, which must be adopted by Ordinance. B. The Company shall calculate the amount of the annual Use Agreement fee payment on the date the Use Agreement is adopted, and subsequently on each anniversary of that date thereafter, based on the total mileage of the Company's System installed in the Public Rights -of -Way on that date. Payments by the Company shall be made within thirty-five (35) days thereafter, and shall be accompanied by an explanation of the calculation of the payment amount. Payments received after the 36`" day shall be subject to interest charges of twelve percent (12 %) per annum or the highest amount then permitted by law, whichever is lower. C . Notwithstanding anything included in this Agreement to the contrary, in no event shall the Company be required to pay any fee, charge, cost, expense or compensation, or perform any service, that is in excess of that amount permitted or directed by law. SECTION 17. Breach and Cure. Following written notice to the company by the City of a breach of the Agreement, the Company shall have thirty (30) days (or such longer time as the City and Company agree is reasonably necessary) to cure such breach or to initiate action to affect a cure. -7- SECTION 18. Grounds for Termination. If the Company fails to cure or proceed with due diligence to cure a breach within the period provided pursuant to Section 17, the City may terminate the Use Agreement. SECTION 19. Assignment or Transfer. The Company may assign this Agreement without prior notice to or approval of the City when such assignment is to: (a) a subsidiary, affiliate or parent company; (b) any firm or corporation which the Company controls, is controlled by, or is under common control with; or (c) any partnership in which it has a majority interest. City approval shall be required for assignment of this Agreement to any entity which succeeds to all or substantially all of its assets whether by merger, sale or otherwise. Such approval shall not be unreasonably withheld, and shall be granted within thirty (30) days, provided the assignee or transferee is certified by the Florida Public Service Commission, has complied with the insurance requirements as required herein, agrees in writing to abide by and comply with the terms and conditions of this Agreement, and all outstanding issues of non - compliance by the Franchisee have been resolved or preserved to the City's satisfaction. SECTION 20. Notice. All notices required or permitted to be given under this Agreement shall be in writing and sent to the addresses below: To the City: City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 copy to: Palm Beach Gardens City Attorney Watterson, Hyland & Klett 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 To the Company: FPL FiberNet LLC 9250 West Flagler Street Miami, Florida 33 174 Attn: Sol L. Stamm, Controller All notices shall be hand - delivered to the addressee, sent by Federal Express or similar overnight delivery service, or sent by U.S. Mail, certified and return receipt requested. The names and addresses in this section may be changed by either parry at any time by giving written notice to the other party. SECTION 21. Change of Government. Any change of the form of government of the City as authorized by the construction and laws of the State of Florida shall not affect the validity of this Use Agreement. Any successor government to the City shall succeed to all rights and obligations of the City as provided in this Use Agreement. SECTION 22. Reservation of Rights. Both the City and the Company reserve and may seek any and all remedies available at law and equity. Neither the City nor the Company shall be deemed to have waived any rights or remedies at law or equity by virtue of executing this Agreement, including actions as tot he validity and enforceability of certain terms and conditions of this Agreement. SECTION 23. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral negotiations between the parties. Except as otherwise provided herein; this Agreement may be amended, supplemented, modified, or changed only by adoption of a resolution by the City and the execution of an instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the Company. In SECTION 24. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent portion of such holding and shall not affect the validity of the remaining portions of this Agreement. SECTION 25. Headings. The headings contained in this Agreement are for reference purposes and shall not affect in any way the meaning and interpretation of this Agreement. SECTION 26. Successors. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. Attest: City Clerk Attest: Secretary P: \CPWin \History\000616A \F20.A2( 1501.000)lgr -1�- CITY OF PALM BEACH GARDENS Un Mayor Approved as to form and legal sufficiency: City Attorney FPL FIBERNET, LLC By: President CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/10/00 Meeting Date: 07/20/00 Subject /Agenda Item Resolution 56, 2000, Authorizing the Issuance of $1.2 million in general obligation bonds. Recommendation /Motion: Consider a motion to approve Resolution 56, 2000. Reviewed by: Originating Dept.: costs: $0 Council Action: (Total) City Attorney OF- 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 K�� Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager �• [X] Not required BACKGROUND: See attached memorandum. Gf CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: July 10, 2000 APPROVED: Nabar E. Martinez, City Manager fi f FROM: Kent R. Olson, Finance Director 1,--,R6 SUBJECT: Resolution 56, 2000 BACKGROUND In order to complete the Municipal Complex improvements, the City needs to borrow an additional $1.2 million. Due to its small size, we have requested proposals from our local lending institutions to fund this loan. This loan, like our previous bond issues for the Municipal Complex, is a general obligation of the City. The loan will bring our total debt issued for the improvements to $18.6 million, still below the $19.1 million authorized in the September 1996 referendum. DISCUSSION Resolution 56, 2000 provides the specific authorization to sell $1.2 million in bonds and is similar to resolutions the City passed prior to issuing bonds in 1996, 1997, 1998 and 1999. In order to avoid a second resolution approving the bids or to change the sale date due to a disruption in the financial markets, the resolution authorizes the City Manager to set the sale date and approve the low bidder. Mark Raymond, the City's bond counsel, will be at the July 20 Regular Council Meeting to answer any questions regarding Resolution 56, 2000. RECOMMENDATION Staff recommends adoption of Resolution 56, 2000, authorizing the City to issue $1.2 million in bonds. 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. WHEREAS, on November 21, 1996, the City Council (the Governing Body) of the City of Palm Beach Gardens, Florida (the Issuer adopted Resolution 166, 1996 (the Bond Resolution) authorizing the issuance of not to exceed $19,100,000 aggregate principal amount of General Obligation Bonds of the Issuer for the purpose of providing funds for the financing of the cost of the Project (as defined in the Bond Resolution); and WHEREAS, the Issuer has determined to issue a bond under Section 6 of the Bond Resolution in the principal amount of $1,200,000 (the Series 2000 Bond) as further provided herein; and WHEREAS, the Governing Body wishes to authorize the issuance of the Series 2000 Bond as provided herein; and WHEREAS, the Issuer has issued a request for proposals to various financial institutions seeking proposals for the purchase of the Series 2000 Bond; and WHEREAS, the Governing Body wishes to delegate to the City Manager the ability to award the sale of the Series 2000 Bonds to the entity submitting the proposal for purchase of the Series 2000 Bond at the lowest interest rate; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act (as defined in the Bond Resolution) and the Bond Resolution. Section 2. Definitions. All terms defined in the Bond Resolution shall have the same meanings herein. Section 3. Findings; Terms of the Series 2000 Bond. It is hereby declared that it is in the best interest of the Issuer to provide for the sale by negotiated sale of the Series 2000 Bond. The City Manager is hereby authorized, in light of market conditions and in order to minimize the Issuer's interest costs, to award the sale of the Series 2000 Bond in the aggregate principal amount of $1,200,000 to the entity submitting the proposal for purchase of the Series 2000 Bond at the lowest interest rate (the "Purchaser"). The Series 2000 Bond shall be dated the date of its issuance, which shall be July 28, 2000 unless the City Manager and the Purchaser shall agree on another date of issuance. The Series 2000 Bond shall have a fixed interest rate, shall mature on July 1, 2015, and shall amortize based on approximately equal payments of principal and interest payable semi - annually on each January 1 and July 1, commencing January 1, 2001. The interest rate on the Series 2000 Bond shall be such rate as is approved by the City Manager pursuant to the authority herein contained, but shall not exceed 6.00% per annum. Prior to the sale of the Series 2000 Bond, the Purchaser will provide the Issuer with a disclosure statement containing any information required by Section 218.385, Florida Statutes. The reasonably anticipated amount of tax- exempt obligations which will be issued by the Issuer during 2000 does not exceed $1 0,000,000. There are no entities that are subordinate to or that issue obligations on behalf of the Issuer. The Issuer hereby designates the Series 2000 Bond as a qualified tax- exempt obligation within the meaning of Section 265(b)(3) of the Code. The Series 2000 Bond shall be in the form attached hereto as Exhibit A, completed to conform to the proposal of the Purchaser. Section 4. Application of Proceeds. The proceeds from the sale of the Series 2000 Bond shall be received by the Issuer and applied to the payment of the cost of the Project, including interest accruing on the Series 2000 Bond, and prior to expenditure may be invested in such manner as permitted by the laws of the State of Florida. Section 5. Execution and Delivery of the Series 2000 Bond. The Mayor or Vice -Mayor and Clerk or Deputy Clerk are hereby authorized and directed on behalf of the Issuer to execute the Series 2000 Bond as provided in the Bond Resolution and herein, and such officials are hereby authorized and directed upon the execution of the Series 2000 Bond to deliver the Series 2000 Bond in the amount authorized to be issued hereunder to the Bond Registrar for authentication and delivery to or upon the order of the Purchaser upon payment of the purchase price therefor. Section 6. Paving Agent and Bond Registrar. The Clerk shall serve as Paying Agent and Bond Registrar for the Series 2000 Bond. -2- Section 7. Authorizations. The members of the Governing Body, the City Clerk, any Deputy City Clerk, the City Manager, the Assistant City Manager, the Finance Director and the Assistant Finance Director are hereby jointly and severally authorized to do any and all acts and things required of them by this Resolution, the Bond Resolution or desirable or consistent with the requirements hereof or thereof, for the full, punctual and complete performance of all terms, covenants and agreements contained in the Series 2000 Bond, the Bond Resolution and this Resolution. Any and all of the foregoing are hereby authorized to execute, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution and the Bond Resolution. Section 8. Resolution to Constitute a Contract. In consideration of the purchase and acceptance of the Series 2000 Bond authorized to be issued hereunder by those who shall be the Bondholders from time to time, this Resolution shall constitute a contract between the Issuer and such Bondholders, and all covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit and security of all of the Bondholders. Section 9. No Implied Beneficiary. With the exception of any rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Resolution or the Series 2000 Bond is intended or shall be construed to give any person other than the Issuer, the Paying Agent and the Bondholders any legal or equitable right, remedy or claim under or with respect to this Resolution, or any covenants, conditions, or provisions herein contained; this Resolution and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the Issuer, the Paying Agent or the Bondholders. Section 10. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not affect any other provision herein or render any other provision (or such provision in any other context) invalid, inoperative or unenforceable to any extent whatsoever. Section 11. Repealer. All resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. Section 12. Effective Date. This Resolution shall be effective immediately upon its adoption. [Signatures appear on Page 4.] -3- INTRODUCED, PASSED AND ADOPTED this 20th day of July, 2000. ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO V I C E COUNCILMAN JABLIN COUNCILMAN CLARK C O U N C I L M A N MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. AYE NAY M A Y WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY ABSENT O R FURTADO S A B A T E L L O U1LE SRV\FINADMIN \KENTISERIES 2000 RESO.DOC EXHIBIT "A" Form of Series 2000 Bond 1\FILE_SRVIFINADMINIKENTISERIES 2000 RESO.DOC No. R -1 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF PALM BEACH GARDENS, FLORIDA GENERAL OBLIGATION BOND SERIES 2000 Interest Rate: % REGISTERED OWNER: PRINCIPAL AMOUNT $1,200,000 Maturity Date: Original Dated Date: July 1, 2015 July 28, 2000 ONE MILLION TWO HUNDRED THOUSAND AND NO /100 DOLLARS City of Palm Beach Gardens, Florida (hereinafter called the "Issuer"), for value received, hereby promises to pay to the Registered Owner identified above, or to registered assigns or legal representatives, to the extent and from the sources pledged therefor, as described herein, on the Maturity Date identified above (or earlier as hereinafter provided), the Principal Amount identified above, upon presentation and surrender hereof at the office of the City Clerk of the Issuer or its successors, as Paying Agent (the "Paying Agent"), and to pay, to the extent and from the sources herein described, interest on the principal sum outstanding hereunder from the date hereof, or from the most recent interest payment date to which interest has been paid, at the Interest Rate per annum identified above computed on the basis of a year of 360 days consisting of twelve thirty day months, until payment of the principal sum, or until provision for the payment thereof has been duly provided for. Interest will be paid by check or draft mailed on the Interest Payment Dates (hereinafter defined) to the Registered Owner hereof at the address of such Registered Owner as it appears on the registration books of the Issuer maintained by the City Clerk , or its successors, as Bond Registrar (the "Bond Registrar") at the close of business on the fifteenth (15th) day (whether or not a business day) of the month next preceding the Interest Payment Date (the "Record Date "), irrespective of any transfer or exchange of this Bond subsequent to such Record Date and prior to such Interest Payment Date, unless the Issuer shall be in default in payment of interest due on such Interest Payment Date. In the event of any such default, such defaulted interest shall be payable to the person in whose name this Bond is registered at the close of business on a special record date for the payment of such defaulted interest as established by notice deposited by the Issuer in the U. S. mails, postage prepaid, to the Registered Owner of this Bond not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name this Bond is registered at the close of business on the tenth (10th) day (whether or not a business day) preceding the date of mailing. The principal of and interest on this Bond shall be payable in installments of $ , due and payable on each January 1 and July 1, commencing January 1, 2001 provided that on July 1, 2015, all accrued and unpaid interest hereon and principal hereof shall be unconditionally due and payable in full. Notwithstanding the foregoing, for so long as this Bond shall be registered to or its successors or assigns, principal of, premium, if any, and interest on this Bond shall be payable by direct deposit or wire transfer to the Bondholder on the Interest Payment Dates, or in such other manner as shall be agreed upon by the Issuer and the Bondholder, and presentation and surrender of this Bond shall not be required. This Bond is issued to provide for payment of all or a portion of the cost of demolition, acquisition, construction and improving of the City hall, police station, fire station and/or municipal complex recreation facilities of the Issuer, pursuant to the authority of and in full compliance with the Constitution and laws of the State of Florida, including particularly Article VII, Section 12 and Article VIII, Section 2, the Charter of the Issuer, Chapter 166, Florida Statutes and other applicable provisions of law, and Resolution 166, 1996, adopted by the Issuer on November 21, 1996 as amended and supplemented (the "Resolution"). The full faith, credit and taxing power of the Issuer are irrevocably pledged to the prompt payment of the principal of and interest on this Bond. The Issuer has covenanted in the Resolution that in each Fiscal Year while this Bond is outstanding there shall be assessed, levied and collected a tax, on all taxable property within the corporate limits of the Issuer (excluding exemptions as required by applicable law), sufficient in amount to pay the principal of and interest on this Bond as the same shall become due. This Bond is not subject to prepayment. This Bond is subject to all the terms and conditions of the Resolution, and capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Resolution. Reference is made to the Resolution for the provisions, among others, relating to the terms, lien and security for this Bond, the custody and application of the proceeds of this Bond, the rights and remedies of the holders of this Bond, and the extent of and limitations on the Issuer's rights, duties and obligations, to all of which provisions the registered owner hereof assents by acceptance hereof. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication endorsed hereon shall have been signed by the Bond Registrar. The registration of this Bond may be transferred upon the registration books upon delivery hereof to the principal office of the Bond Registrar accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner of this Bond or by such owner's attorney -in -fact or legal representative, containing written instructions as to the details of transfer of this Bond, along with the social security number or federal employer identification number, if any, of such transferee. In all cases of a transfer of a Bond, the Bond Registrar shall at the earliest practical time in accordance with the provisions of the Resolution enter the transfer of ownership in the registration books and shall deliver in the name of the new transferee or transferees a new fully registered Bond for the same aggregate principal amount and payable from the same source of funds. The Issuer and the Bond Registrar may charge the owner of such Bond for the registration of every transfer or exchange of a Bond an 2 amount sufficient to reimburse them for any tax, fee or any other governmental charges required (other than by the Issuer) to be paid with respect to the registration of such transfer, and may require that such amounts be paid before any such new Bond shall be delivered. If the date for payment of the principal of, premium, if any, or interest on this Bond shall be a Saturday, Sunday or a day on which the designated office of the Bond Registrar or Paying Agent, or both, is lawfully closed, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, or a day on which the Bond Registrar or the Paying Agent is lawfully closed, and payment on such day shall have the same force and effect as if made on the nominal date of payment. It is hereby certified and recited that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Florida, that all acts, conditions and things required to exist, to happen, and to be performed precedent to the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable hereto, and that the issuance of the Bonds of this series does not violate any constitutional or statutory limitation or provision. This Bond is and has all the qualities and incidents of an investment security under the Uniform Commercial Code - Investment Securities Law of the State of Florida. IN WITNESS WHEREOF, City of Palm Beach Gardens, Florida, has issued this Bond and has caused the same to be signed by its Mayor and attested and countersigned by its Clerk either manually or with their facsimile signatures, and its seal or a facsimile thereof to be impressed or reproduced hereon, all as of the 28th day of July, 2000. CITY OF PALM BEACH GARDENS, FLORIDA (SEAL) By Mayor ATTESTED AND COUNTERSIGNED: By: City Clerk [CERTIFICATE OF AUTHENTICATION] This Bond is the Bond designated in and executed under the provisions of the within mentioned Resolution. City Clerk, as Bond Registrar OCR Date of Authentication: July 28, 2000 City Clerk [Form of Abbreviations for Bonds] The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to the applicable laws or regulations. TEN COM - as tenants in common TEN ENT - as tenants by the entireties 7T TEN - as joint tenants with the right of survivorsbip and not as tenants in common UNIFORM TRANS MIN ACT - Custodian for (Cust.) (Minor) under the Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in the above list. S [Form of Assignment for Bonds] ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (the "Transferee ") PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, and hereby irrevocably constitutes and ap opt ints as attorney to register the transfer of the within Bond on the books kept for registration and registration of transfer thereof, with full power of substitution in the premises. Date: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange, a member firm of any other recognized national securities exchange or a commercial bank or a trust company or an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. LAKEN'RFINAL FORM OF BOND.DOC NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment correspond(s) with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number, if any, of the Transferee, is applied. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/10/00 Meeting Date: 07/20/00 Subject /Agenda Item Ordinance 24, 2000, Levying a Public Service Tax (Utility Tax). Recommendation /Motion: Consider a motion to approve Ordinance 24, 2000 on first reading. 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 11\0 Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM �f- i' TO: Mayor and City Council DATE: June 19, 2000 APPROVED: Nabar E. Martinez, City Manager .x FROM: Kent R. Olson, Finance DirectorKr\b SUBJECT: Ordinance 24, 2000 — Public Service Tax BACKGROUND The City's proposed FY 2001 Budget includes the implementation of a utility tax for electricity, gas, water and telephone. The State Statute which provides local governments the authority to levy a utility tax describes these as a public service tax. Ordinance 24, 2000, will implement this public service tax on the aforementioned services. DISCUSSION I have compiled the following information regarding the possible implementation of a 10% utility tax on electric, water and gas (including natural gas and propane) sales as well as a 7% telecommunications service tax. The maximum levy for a utility tax is 10 %. However, the telecommunications tax can be levied on local service only up to a maximum of 10 %, or on all telecommunications providers up to a maximum of 7 %. The implementation of a utility tax will take a minimum of 120 days from the date an ordinance is adopted until the tax is first added to a utility bill. If the City were to adopt an ordinance in August, the soonest implementation date would be January 1, 2001. With a January 1, 2001 implementation, these taxes would raise $4.4 million during the next fiscal year. The Proposed FY2001 anticipates an April 1, 2001 implementation that would raise just under $3 million in revenue. Below is a survey of what other taxing bodies in Palm Beach County have levied for utility taxes. Taxing Body Electric Gas Water Telephone Boca Raton 10% 10% 10% 7% Boynton Beach 10% 10% 0% 7% Delray Beach 9.7% 8.7% 0% 7% Juno Beach 10% 8% 0% 7% Jupiter 6% 6% 6% 6% North Palm Beach 9% 9% 0% 6% Palm Beach 10% 10% 10% 7% Palm Beach County 10% 10% 0% 7% Riviera Beach 10% 10% 10% 7% Wellington 10% 10% 0% 7% RECOMMENDATION Staff recommends approval of Ordinance 24, 2000 on first reading, providing for the levying of a public service tax on electricity, gas, water and telecommunications services. June 19, 2000 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, 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 THE PURCHASE OF ELECTRICITY, GAS AND WATER; REQUIRING MONTHLY PAYMENT; PROVIDING FOR COLLECTION; PROVIDING FOR EXEMPTIONS; LEVYING A 7% PUBLIC SERVICE TAX ON PURCHASES OF TELECOMMUNICATIONS SERVICES 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 CONFLICTS PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council, pursuant to Article VII, section 2(b) of the Constitution of the State of Florida and Chapter 166, Florida Statutes ("Municipal Home Rule Powers Act "), deems it necessary and proper, and in the best interests of the citizens and residents of the City of Palm Beach Gardens, to levy a 10% public service tax on the purchase of electricity, water, metered or bottled gas, and to levy a 7% telecommunications service tax on the purchase of telecommunications service, as specifically authorized by section 166.23 1, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1.: The City Council hereby reserves sections 66 -138 through 66 -149 of the City of Palm Beach Gardens Code of Ordinances. SECTION 2.: The City Council hereby adds Article IV to be entitled "Public Service Tax ", to Chapter 66, entitled "Taxation" of the City of Palm Beach Gardens Code of Ordinances, which shall read as follows: ARTICLE IV. PUBLIC SERVICE TAX DIVISION 1. UTILITY TAX Sec. 66 -150. Tax levied; amount. There is hereby levied and imposed by the city a public service tax upon purchases within the municipality of electricity, metered natural gas either metered or bottled, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service at a rate of ten (10 %) percent of the total amount charged. Sec. 66 -151. Payment of tax monthly. The tax levied by section 66 -150 shall, in every case, be paid by the purchaser for the use of the city to the seller of such service at the time of paying the charges therefor to the seller thereof, but not less than monthly. Sec. 66 -152. Collection. (a) When a seller of electricity, metered natural gas either metered or bottled, liquefied petroleum gas either metered or bottled, manufactured gas either metered or bottled, and water service renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be stated separately from governmental charges and taxes, and shall not be levied thereon. (b) The seller, as collection agent for the city, shall collect such public service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the public service tax to the city in accordance with the provisions hereinafter stated. Any seller who shall fail to collect the tax levied by section 66 -150 at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax in like manner as if it has been actually paid to the seller. (c) Every seller is hereby required to execute and file with the city finance director no later than the twentieth (20th) day of each calendar month a statement setting forth the amount of such public service tax to which the city became entitled under the provisions hereof on account of bills paid by purchasers during the preceding calendar month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the city. This statement shall identify the name and address of the seller, the period of the statement, the amount collected from the sale of taxable service, any collection allowance taken, the amount of tax remitted with the statement, and the name and telephone number of a person authorized by the seller to respond to inquiries from the city concerning the seller's administration of the tax. Sec. 66 -153. Exemptions. (a) The United States of America, the state, and political subdivisions 1) and agencies thereof, are hereby exempt from payment of the tax levied by section 66 -150, provided, however, that any governmental body which sell or resells taxable service to non - exempt end users must collect and remit the tax levied under this section. (b) All recognized churches of the state are hereby exempt from the payment of the tax levied in section 66 -150 provided such service is used exclusively for church purposes and such churches have obtained a consumer certificate of exemption pursuant to chapter 212, Florida Statutes. (c) The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant of for use in internal combustion engines is exempt from the payment of the tax levied in section 66 -150. Sec. 66 -154. Compensation to seller. For the purpose of compensating the seller of services enumerated in section 66 -150, the seller shall be allowed one (1 %) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and for the collection of, and the remitting of, the tax. Sec. 66 -155. Collecting at monthly intervals. In all cases where the seller collects the price thereof at monthly periods, the tax levied by section 66 -1 50 may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be rounded to the nearest whole cent of the amount computed. SECTION 3.: The City Council hereby reserves sections 66 -1 56 through 66 -169 of the City of Palm Beach Gardens Code of Ordinances SECTION 4. : The City Council hereby adds Division 2 to be entitled "Telecommunications Service Tax ", to Chapter 66, entitled "Taxation" of the City of Palm Beach Gardens Code of Ordinances, which shall read as follows: DIVISION 2. TELECOMMUNICATIONS SERVICE TAX Sec. 66 -170. Tax levied; amount. There is hereby levied and imposed by the City a public service tax upon purchases within the municipality of telecommunications services, as defined in Section 203.012, Florida Statutes, which originate and terminate in this state, at the rate of seven (7 %) percent of the total amount charged for any telecommunications service provided within the city or, if the location of the telecommunications service provided cannot be determined, the total amount billed for such telecommunications service to a telephone or telephone number, a telecommunications number or device, or a customer's billing address located within the city, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. However, those telecommunications services described in Section 203.012(5)(b), Florida Statutes shall be taxed only on the monthly recurring customer service charges excluding variable usage charges. Sec. 66 -171. Payment of tax monthly. The tax levied by section 66 -170 shall, in every case, be paid by the purchaser for the use of the city to the seller of such telecommunication service at the time of paying the charges therefor to the seller thereof, but not less than monthly. Sec. 66 -172. Collection. (a) When a seller of telecommunications services renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be stated separately from governmental charges and taxes, and shall not be levied thereon. (b) The seller, as collection agent for the city, shall collect such telecommunication service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the telecommunication tax to the city in accordance with the provisions hereinafter stated. Any seller who shall fail to collect the tax levied by section 66 -170 at the time of collecting the price of any sale, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax in like manner as if it has been actually paid to the seller. (c) Every seller is hereby required to execute and file with the city finance director no later than the twentieth (20`h) day of each month a statement setting forth the amount of such telecommunication service tax to which the town became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the A amount of such telecommunication service tax to the city. This statement shall identify the name and address of the seller, the period of the statement, the amount collected from the sale of taxable service, any collection allowance taken, the amount of tax remitted with the statement, and the name and telephone number of a person authorized by the seller to respond to inquiries from the city concerning the seller's administration of the tax. Sec. 66 -173. Exemptions. (a) The United States of America, the state, and political subdivisions and agencies thereof, are hereby exempt from payment of the tax levied by section 66 -1 70, provided, however, that any governmental body which sell or resells taxable service to non - exempt end users must collect and remit the tax levied under this section. (b) All recognized churches of the state are hereby exempt from the payment of the tax levied in section 66 -170 provided such service is used exclusively for church purposes and such churches have obtained a consumer certificate of exemption pursuant to chapter 212, Florida Statutes. (c) Purchases of local telephone service or other telecommunication service for use in the conduct of telecommunication service for hire or otherwise for resale shall be exempted from the payment of the tax imposed by section 66 -170. Sec. 66 -174. Compensation to seller. For the purpose of compensating the seller of services enumerated in section 66 -170, the seller shall be allowed one (1 %) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and for the collection of, and the remitting of, the tax. Sec. 66 -175. Collecting at monthly intervals. In all cases where the seller collects the price thereof at monthly periods, the tax levied by section 66 -170 may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be rounded to the nearest whole cent of the amount computed. 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 5 affect the remainder of this ordinance. SECTION 6. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION 7. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 8. This Ordinance shall become effective January 1, 2001. PASSED ON FIRST READING THIS DAY OF 2000. PASSED AND ADOPTED ON SECOND READING THIS DAY OF 2000. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, VICE MAYOR ATTEST: BY: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO DAVID CLARK, COUNCIL MEMBER N �1►■ 0 711I_\ �Z�ZK�1�1►[y I A►� 10051:I a'ki C�1 -\ .\ �.Y -\ :�_\ I I I � I I 1 ■ � Z K � 1 �1► [ �1 I A ► � I � I ► � I :� � I N APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE 6 NAY ABSENT. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/10/00 Meeting Date: 07/20/00 Subject /Agenda Item Burns Road Council Liaison Recommendation /Motion: Consider a motion to appoint a Council member to serve as a liaison to staff for the Burns Road construction oroiect. 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 W Department Director Affected parties [ ] Notified Budget Acct. #: various [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. Fes. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: July 10, 2000 APPROVED: Nabar E. Martinez, City Manager Plel FROM: Kent R. Olson, Finance Director KKb SUBJECT: Burns Road Liaison BACKGROUND Pursuant to Council direction at the May 18, 2000 Regular City Council meeting, the City is acquiring the needed right -of -way and preparing the design for the Burns Road widening project. DISCUSSION There are several road design and beautification issues that need to be addressed as this project moves forward. In order to move the project expeditiously, the staff will need direction in a timely fashion which will make it difficult to bring each of these issues before the full Council. To meet our established schedule, we are requesting a single Council member be appointed to serve as a staff liaison to address these issues. RECOMMENDATION Staff recommends appointing a Council member to serve as a liaison to staff for the Bums Road construction project. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 07/10/00 Meeting Date: 07/20/00 Subject /Agenda Item Millaae Rate Recommendation /Motion: Consider a motion to authorize the filing of a tentative operating millage rate with the 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 00 Department Director Affected parties [ ] Notified Budget Acct. #: various [ ] None Approved by: City Manager i [X] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM 41 - .i�lMj� TO: Mayor and City Council DATE: July 10, 2000 APPROVED: Nabar E. Martinez, City Manager FROM: Kent R. Olson, Finance Director SUBJECT: Millane Rate for Fiscal Year 2001 BACKGROUND The City is required to file with the County Property Appraiser and Tax Collector a proposed millage rate that will be sent out on the Notice of Proposed Taxes in August. The Draft 2000 -01 Budget distributed in June reflected a proposed operating millage rate of 4.4100 and a debt service millage rate of .4209. The operating millage rate was based upon the preliminary report of taxable value of $3.707 billion which was distributed by the Property Appraiser on June 1, 2000 and anticipated revenue from a utility tax implemented on April 1, 2001. The final taxable value for 2000 distributed July .1 was $17 million higher than the preliminary estimate. Assuming the same amount of revenues are generated by property taxes, the above millage rates would be 4.3896 for operating and .4189 for debt service. DISCUSSION We need to decide the operating millage rate to file with the County. Once we have filed with the County, these rates are the maximum that can be levied; they can be lowered at the budget hearings, but they cannot be increased. If we choose not implement the utility tax, the operating millage rate to maintain our current budgeted revenues is 5.2085. If we are confident we will implement the utility tax in April, the operating millage rate to file is 4.3896. If we choose to implement the utility tax in January, the operating millage rate should be set at 4.0003. RECOMMENDATION Staff recommends the Council choose one of the operating millage rates above to file as the City's tentative millage rate to file with the County. S 041 S� 0 City of Palm Beach Gardens Council Agenda July 20, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Russo Council Member Furtado Vice Mayor Jablin 0 Council Member Sabatello U • 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 JULY 20, 2000 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Donation to Palm Beach Gardens Youth Athletic Fund V. CITY MANAGER REPORT: a. Construction Update b. Engineering Update 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 June 15, 2000 Regular City Council Meeting. b. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office C. Resolution 59, 2000 - Consideration of authorizing execution of an application for funding through the COPS MORE Grant program. 0 VIII. PUBLIC HEARING: a. Ordinance 17, 2000 — Land Development Regulations. Consideration of 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 for severability; providing for codification; providing for conflicts; and providing for an effective date. (Consideration on second reading) IX. RESOLUTIONS: a. Resolution 42, 2000 — Consideration of approving a site plan of development for a sales center and gatehouse within the Golf Digest (Mirasol) PCD 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. b. Resolution 46, 2000 — Consideration of authorizing execution of a second amendment to the Interlocal Agreement dated September 2, 1997, creating the Northlake Boulevard Corridor Task Force. C. Resolution 50, 2000 — Parcel 27.1 OB Regional Center -Grand Bank Center. Consideration of approving a Master Site Plan of Development for an office development with a total of 46,000 square feet and consisting of a bank, medical and professional office and for nine waivers and one amendment to allow the use of specialty pavers, reduction in size of two loading spaces, 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. • d. Resolution 52, 2000 — Consideration of authorizing execution of an easement in favor of Florida Power and Light to construct underground facilities within the PGA Boulevard landscape buffer. e. Resolution 53, 2000 — Consideration of adopting a Uniform Right -of -Way Permit Application and Standards for Utility Installations in Public Rights - of -Way and Easements. f. Resolution 55, 2000 — Consideration of authorizing execution of an Interim Right -of -Way Use Agreement with FPL Fibernet LLC. g. Resolution 56, 2000 — Consideration of 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. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 24, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code, 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 Services 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. (Consideration on first reading) XI. ITEMS FOR COUNCIL ACTION: a. Burns Road Council Liaison — Consideration of appointing a Council member to serve as a liaison to staff for the Burns Road construction proj ect. XII. ITEMS FOR DISCUSSION: a. Millage Rate — Consideration of authorizing the filing of a tentative operating millage rate with the County. • • 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 5 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 is to be based. • 0 City of Palm Beach Gardens Council Agenda July 20, 2000 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo .� Vice Mayor Jablin ,/ Council Member Clark x Council Member Furtadov" Council Member Sabatello X �11,v too N'r 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. I. H. III. IV. um VI. *REVISED* CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 20, 2000 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: I ►`o er~% rfoN (w / f,-. ( S PRESENTATIONS: a. Donation to Palm Beach Gardens CITY MANAGER REPORT: a. b. C. Construction Update Engineering Update Youth Athletic Association by WCI l7ev%ra % c 0 eodwtr 4,2000 �}(r�s 2"ibal( P ro . �aak Na.. :oy 17h N C rAR K � 3:S � � � oGr•� � � �''� ~, �" �� s iQ �"b�+�.t Growth Management Report - ADDED COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: ,Li 3.0 a. Consideration of approving Minutes from the June 15, 2000 Regular City Council Meeting. b. Consideration of renewing the lease for the Police Department Truancy Interdiction Program/Field Office C. Resolution 59, 2000 - Consideration of authorizing execution of an application for funding through the COPS MORE Grant program. VIII. PUBLIC HEARING: �� 010 Q'4�4 / 17 ID a. Ordinance 17, 2000 — Land Development Regulations. Consideration of 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 for severability; providing for codification; providing for conflicts; and providing for an effective date. (Consideration on second reading) IX. RESOLUTIONS: a. Resolution 42, 2000 — Consideration of approving a site plan of development for a sales center and gatehouse within the Golf Digest (Mirasol) PCD 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. b. Resolution 46, 2000 — Consideration of authorizing execution of a second amendment to the Interlocal Agreement dated September 2, 1997, creating the Northlake Boulevard Corridor Task Force. - PULLED C. Resolution 50, 2000 — Parcel 27.1OB Regional Center -Grand Bank Center. Consideration of approving a Master Site Plan of Development for an office development with a total of 46,000 square feet and consisting of a 3 bank, medical and professional office and for nine waivers and one nl �'►'� ,,,r amendment to allow the use of specialty pavers, reduction in size of two ° loading spaces, ATM lane instead of pass -by lane, increase of height �`- limitation to 70.25 feet, two additional building identification signs on V° 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. s i °- 0 -4 >Na GAR �° � S ,,, ?,'2- .3-0 F L-� L �a . r 1 1-1 or V d. Resolution 52, 2000 — Consideration of authorizing execution of an easement in favor of Florida Power and Light to construct underground facilities within the PGA Boulevard landscape buffer. e. Resolution 53, 2000 — Consideration of adopting a Uniform Right -of -Way Permit Application and Standards for Utility Installations in Public Rights - of -Way and Easements. f. Resolution 55, 2000 — Consideration of authorizing execution of an Interim Right -of -Way Use Agreement with FPL Fibernet LLC. g. Resolution 56, 2000 — Consideration of authorizing the issuance of the City's $1,200,000 aggregate principal amount General Obligation Bond, /-r L 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. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 24, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 66 of the Palm Beach Gardens Code, 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 Services 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. (Consideration on first reading) XI. ITEMS FOR COUNCIL ACTION: .gym y 3 -C) a. Burns Road Council Liaison — Consideration of appointing a Council member to serve as a liaison to staff for the Burns Road construction CA(Zl- project. sATAVLI � XII. ITEMS FOR DISCUSSION: a. Millage Rate — Consideration of authorizing operating millage rate with the County. PPAXP(I . f' Aw the filing of a tentative ,�I)ID 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 5 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 is to be based. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 8 ol S( Address: �6)6 c6L �IQ City:- PAR 6MWS. k- Subject: 1l) G 1-U l� Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: Address: City: Subject: COMMENTS FROM THE PUBLIC Request to Address City Council "olr��8� ��lnl!IaJ� 2 2,3q � S( -Or EN /-7-— Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council crust be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: Subject: w'F v �1� Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: V 4 • Address: �oilCa P. g . LQ//fC.r�C1 • City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. A 11 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: July 13, 2000 FROM: Nabar Enrique Martinez, City Manager SUBJECT: Information Items for Regular City Council Meeting of July 20, 2000 City Council Agenda: VII. CONSENT AGENDA: b. Lease for the Police Department Truancy Interdiction Program/Field Office The lease for the Police Department T.I.P. /Field Office will expire on July 31, 2000. Authorization to renew the lease for an additional 12 months is requested. RECOMMENDATION: Motion to authorize renewal of the lease agreement with Seymour A. Fine for a period of 12 months with installment payments of $760.00 per month. C. Resolution 59, 2000 - COPS MORE Grant program This is a request for approval of a match grant that would fund 75% of four civilians police aides' salaries. This one -year grant is designed to enhance the City's Community Policing efforts at a cost to the City of $32,521. RECOMMENDATION: Motion to adopt Resolution 59, 2000 approving the COPS MORE grant program. IX. PUBLIC HEARING: a. Ordinance 17, 2000 —Land Development Regulations (Second reading) This ordinance repeals existing land development regulations and adopts new land development regulations. RECOMMENDATION: Motion to adopt Ordinance 17, 2000 on second and final reading. X. RESOLUTIONS: a. Resolution 42, 2000 - -Sales center and gatehouse within the Golf Digest (Mirasol) PCD X This is a petition by Urban Design Studio, agent for TWC /Golf Digest, Ltd., for approval of a site plan for a sales center and a gatehouse at the Golf Digest site along PGA Boulevard, immediately west of the Florida Turnpike. RECOMMENDATION: Motion to adopt Resolution 42, 2000 with conditions and waivers. b. Resolution 46, 2000 – Second amendment to the Interlocal Agreement creating the Northlake Boulevard Corridor Task Force This request, to extend the Interlocal Agreement for the Northlake Boulevard Corridor Task Force to the year 2005, would allow the four local government participants to continue efforts to improve the appearance of Northlake Boulevard between Military Trail and US Highway One. RECOMMENDATION: Motion to adopt Resolution 46, 2000 extending the Interlocal Agreement by 5 years. C. Resolution 50, 2000 – Parcel 27. JOB Regional Center -Grand Bank Center. This is a request by Urban Design Studio, agent, for site plan approval of an office development of 46,000 gross square feet of floor area, which consists of a 4,000 -sq. ft. bank, a 10,800 -sq. ft. medical office, and general office use of 31,200 sq. ft. 40 RECOMMENDATION: Motion to approve Resolution 50, 2000 with 8 waivers, an amendment to Resolution 64, 1998 to relocate a ground sign, and 8 conditions. d. Resolution 52, 2000 — Florida Power and Light Easement Agreement This request for authorization to execute the Florida Power & Light Limited Easement Agreement is to allow FPL to do construction, operation and maintenance of underground electric utility facilities. RECOMMENDATION: Motion to adopt Resolution 52, 2000 authorizing execution of the FPL Limited Easement Agreement. e. Resolution 53, 2000 – Uniform Right -of -Way Permit Application and Standards for Utility Installations in Public Rights -of -Way and Easements This is a request by City staff to adopt a uniform right -of -way permit application and standards for utility installations in public rights -of -way and easements in order to minimize disruption to vehicular and pedestrian traffic and ensure restoration of the original condition. RECOMMENDATION: Motion to adopt Resolution 53, 2000 providing for a uniform right -of -way permit application and standards for utility • installations in public rights -of -way and easements. I f. Resolution SS, 2000 — Interim Right -of -Way Use Agreement with FPL FiberNet LLC This agreement is based upon a request by FPL FiberNet LLC for permission to use the City's rights -of -way to install its telecommunications facilities. The agreement provides for terms, fees and is limited to 2 years. RECOMMENDATION: Motion to adopt Resolution 55, 2000 authorizing execution of an Interim Right -of -Way Use Agreement with FPL FiberNet LLC. g. Resolution 56, 2000 — General Obligation Bond, Series 2000 This request from City staff is for authorization to sell $1.2 million in bonds to complete the Municipal Complex improvements. RECOMMENDATION: Motion to adopt Resolution 56, 2000 authorizing the City to borrow an additional $1.2 million. XI. ORDINANCES: (For Consideration of First Reading) a. Ordinance 24, 2000 - Public Service Tax (Consideration on first reading) This is a request to implement a utility tax for electricity, gas, water and telephone to raise revenue as included in the City's proposed FY 2001 budget. RECOMMENDATION: Motion to adopt Ordinance 24, 2000 on first reading. XII. ITEMS FOR COUNCIL ACTION: a. Burns Road Council Liaison At the May 18, 2000 Regular City Council meeting, Council authorized acquiring the right -of -way and preparing the design for the Burns Road widening project. Appointment of a Burns Road Council Liaison will allow for direction on design and beautification issues in a timely fashion. RECOMMENDATION: Motion to appoint a Council member to serve as a liaison to staff for the Burns Road construction project. XII. ITEMS FOR DISCUSSION: a. Millage Rate A proposed millage rate must be filed with the County Property Appraiser and Tax Collector in August by the City. RECOMMENDATION: Motion to select a proposed millage rate that will be filed with the County Property Appraiser and Tax Collector in August. • IV. PRESENTATIONS a. DONATION TO PALM BEACH GARDENS YOUTH ATHLETIC FUND • V. CITY MANAGER REPORT: a. CONSTRUCTION UPDATE — VERBAL REPORT PAGE SECTION ✓ DISCUSSION 94-95 Sec. 88(8 )(3) ✓ Clarifies language for location of commercial development in residential PUDs. ■ Eliminates minimum locational requirement of 1,320 feet from perimeter of site, and provides standards for location of such commercial uses. ■Reduces from 50% to 25% the amount of residential building permits that must be issued prior to building permit for commercial portion. 99 Sec. 89(c) ✓ Requires that PCDs be designated as an overlay zoning district, with an assigned underlying zoning district. Provides language to determine a comparable zoning district for commercial portion of a PCD with underlying residential zoning. 100 Sec. 89(e)(2) Clarifies status of conditional uses within a PCD. 131 - Sec. 93(6) ✓ Utilizes existing City code provisions regarding adult uses 132 rather than adopt any changes which may be less restrictive. 139 Sec. 93(18)c Requires centralized sanitary facilities for recreational vehicle parks per City Council request. 147 Sec. 93(49) Revises language regarding accessory retail sales at places of worship per City Council request. 174- Sec. 95 ■Provides expanded standards for illumination. 177 ■Reduces height of pedestrian area light fixtures from 15 to 12 feet (Page 175) ■Establishes limits for seasonal and accent exterior lighting (Page 176) ■Allows City Council to require certain types of street light fixtures (Pages 176 - 177). 188- Sec. Combines certain design requirements for single entity 189 104(dx I )c retail users within the PGA Boulevard Corridor. 192 Sec. Requires sidewalks in the PGA Boulevard corridor to be set 104(g)(5) back at least ten (10) feet from the edge of curbing or paving. 194 104(gx I I )e Encourages use of flowering trees within medians along the PGA Boulevard corridor. 51