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HomeMy WebLinkAboutAgenda Council Agenda 060100r City of Palm Beach Gardens Council Agenda June 1, 2000 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 TO: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and City Council DATE: May 25, 2000 Nabar Enrique Martinez, City Manager Information Items for Regular City Council Meeting of June 1, 2000 City Council Agenda: VII. CONSENT AGENDA: a. Consideration of approving Minutes from the May 4, 2000 Regular City Council Meeting. b. Award of Bid — Purchase and installation of emergency traffic signals at Central Fire Station on Burns Road. Staff recommends Award of Bid for purchase and installation of emergency traffic signals for Central Fire Station by "piggybacking" the Northern Palm Beach County Improvement annual contract with Murry Logan in the amount of $21,850.00. RECOMMENDATION: Consider a motion to approve the Consent Agenda. C. Award of Bid — Contract for lobbyist services. RECOMMENDATION: Consider a motion to reject all proposals. VIII. PUBLIC HEARINGS: a. Ordinance 11, 1999 — This is a request from Oliver Glidden & Partners, Inc. for approval of an amendment to the existing PUD know 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 2 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 conflicts; and providing for an effective date. (Continued from 5/4/00; Consideration on Second Reading and Adoption.) RECOMMENDATION: Consider a motion to adopt Ordinance 11, 1999 on second and final reading with conditions. b. Ordinance 4, 2000 — This item is a reconsideration of a request by Urban Design Studio, agent for Forest Lake Associates, L.C. for Planned Unit Development (PUD) approval for a single family custom home development on a 64.47 -acre parcel at the northwest corner of the intersection of Central Boulevard and Hood Road, known as San Michelle. Ninety -one single - family homes are proposed, along with a 3,000 square -foot clubhouse. The property is owned by Forest Lakes Associates, L.C. The proposed project received concurrency certification on September 7, 1999, which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic concurrency is contingent upon the provision of a left turn lane into the project for north bound traffic. At the May 18, 2000 City Council meeting, the petitioner requested a reconsideration of the previous denial of the project. RECOMMENDATION: Consider a motion to adopt Ordinance 4, 2000 on second and final reading with conditions. C. Ordinance 12, 2000 — This is a staff initiated request that proposes the utilization of a Special Master to hear Code Board cases to substantiate a professional and legally accepted procedure to hear code violation cases. The ordinance amends Chapter 2 of the City's Code of Ordinances entitled "Administration," Article IV entitled "Code Enforcement," by providing for Code Enforcement proceedings to be conducted by a Special Master; repealing Section 2 -186 entitled "Definitions;" amending Section 2 -187 entitled "Declaration of Legislative Intent;" amending Section 2 -187 entitled "Jurisdiction;" repealing Division 2 of Article IV entitled "Code Enforcement Board" and replacing it with a new Division 2 entitled "Special Master;" amending Division 3 of Article IV entitled "Procedure for Enforcement of the Code Enforcement Board;" adding Section 2 -242 entitled "Procedure for Reduction of Fines and Liens;" amending Section 2 -261 entitled "Issuance of Citation;" providing for severability; providing for codification; providing for conflicts; and providing for an effective date. (This item is for consideration on Second Reading and Adoption.) RECOMMENDATION: Consider a motion to adopt Ordinance 12, 2000 on second and final reading. • IX. RESOLUTIONS: a. Resolution 40, 2000 — This item is an amendment to the Park Lease Agreement with Palm Beach County, extending the lease from 50 to 75 years. At the April 171' City Council meeting, the Council agreed to sign an interlocal agreement with Palm Beach County providing for the County's acquisition of land and its lease to the City of Palm Beach Gardens for recreational and cultural purposes that are open to and benefit all residents of the County. The county has agreed to extend the lease from 50 to 75 years, with all and every other term of the agreement remaining in full force and effect. RECOMMENDATION: Consider a motion to approve Resolution 40, 2000. X. ORDINANCES: (For Consideration of First Reading) a. Ordinance 15, 2000 - Site Plan Revision -Cafe Chardonnay Outdoor Seating and Service. This is a request from Cafe Chardonnay for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping center. Staff has not requested a traffic statement, due to the fact that the • applicant has taken seats from inside the restaurant and provided them on the outside without adding any new seats. RECOMMENDATION: Staff recommends approval of Ordinance 15, 2000 with conditions. b. Ordinance 16, 2000 - Site Plan Revision - Paddy Mac's Outdoor Seating and Service. This is a request from Paddy Mac's for outdoor seating to be located directly adjacent to the restaurant at the Gardens Square Shoppes Shopping center. Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside RECOMMENDATION: Staff recommends approval of Ordinance 16, 2000 with conditions. c. Ordinance 18, 2000 - Nativity Lutheran Alzheimer's Adult Day Care, Conditional Use. The Alzheimer's Community Care Association of Palm Beach & Martin County, Inc., agent for Nativity Lutheran Chruch, Inc., is requesting to amend the conditional use approval for Nativity Lutheran Church and School to include an adult day care program that will operate in an existing building. . The adult day care program will include the care of 24 Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as "Fellowship Hall." The site is located at the northwest corner of Holly Drive and Plant Drive. RECOMMENDATION: Staff recommends approval of Ordinance 18, 2000, which contains a condition of approval. d. Ordinance 19, 2000 — Places — The Commons Parcel I. This is a request by the Channing Corporation for the approval of the proposed art in public places for the Commons I located on the south side of PGA Boulevard immediately east of its intersection with the Avenue of the PGA. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of I% of the total budget as a fee for the provision of art work on the project site. The petitioner is proposing three freestanding flag or sail structures, which freely rotate by wind currents. The colors chosen for the sculptures are tropical. The sculptures are called "Amber's Moods for Wind and Water" and will be located in the plaza area for the Commons I. RECOMMENDATION: Staff recommends that the City Council approve Ordinance 19, 2000 with one condition. • • VI. PRESENTATIONS a. Palm Beach Gardens Woman's Club Presentation of City Seal Verbal Report J � • 1 V. CITY MANAGER'S REPORT a. CONSTRUCTION UPDATE Verbal Report a5;c C-� r &AAJ o F ow"a o� OE CA cog •--� _ G VA PUBLIC J Public Information Related Activities ON REPORT 10 Some of the written coverage included 31 articles, covering the following areas: • Monthly PGA C.A.N. Article • Gardens Sets Crackdown on Speeders (Jupiter Courier) • Gardens to borrow up to $3 million for projects (Jupiter Courier) • PBG Newsracks (Jupiter Courier) • New City Clerk (Palm Beach Post) • Gardens Park Baseball Complex (Weekday) • Over 150 Residents attend Neighborhood Program Meeting (Weekday) • Gardens Park issues (Palm Beach Post) • Major Road Projects scheduled for PBG (Jupiter Courier) • MacArthur Skips Bill (Palm Beach Post editorial) • Roadwork Aims to Unlock Grid on PGA Boulevard (Neighborhood Post) • Palm Beach Gardens Moves to Special Master (Palm Beach Post; Jupiter Courier) • BallenIsles Gate Approval (Jupiter Courier; Palm Beach Post) • Northlake Boulevard Task Force plans (Palm Beach Post) • Gardens Fire Rescue Obstacle Training (Palm Beach Post; Neighborhood Post; Weekday) • Transportation Study (Palm Beach Post) • Golf Digest Project (Jupiter Courier — 2 articles) • Traffic — Lone Pine Road (Neighborhood Post) • PGA Flyover (Jupiter Courier — 2 articles) • Frenchman's Donation to City (Jupiter Courier Extra) • Burns Road Improvements (Jupiter Courier — 2 articles) • City's Budget Process (Jupiter Courier) • GardensArt Reception (Palm Beach Post) • Legacy Place (Palm Beach Post — 2 articles) City Line Spring Issue: ■ 17,508 mailed to residents ■ 1,800 mailed to businesses Special Events Processed in May: 5 Upcoming: Volunteer and Advisory Board Recognition • September 12, 2000 (Wednesday) • September 14, 2000 (Thursday) / • September 27, 2000 (Wednesday) wUpcoming: Grand Opening Celebration of Municipal Complex ■ October 4, 2000 (Wednesday) Evening Reception, 5 p.m. to 8 p.m. ■ October 21, 2000 (Saturday) Jazz Brunch, 9 a.m. to 12 p.m. ■ October 22, 2000 (Sunday) Family Fun Festival 2 p.m. to 5 p.m. Citizen Services Related Activities ® As a result of letters sent to residents on Lighthouse Drive, Public Works coordinated the planting of four trees for residents. ® Coordinated with St. Marks (and Public Works) for the planting of one Oak Tree in Oaks Park ® Requests for Services processed in April: 80 Neighborhood Program Related Activities: ■ Coordinated, through the assistance of Public Works, the refurbishing of eight planter boxes at intersections in the original section of the City. Refurbishing included pressure cleaning, painting, stenciling of street names, and planting of dwarf bougainvillea ■ Coordinated resident meeting (held at Burns Road Community Center) along with Northern, to address Unit 19 drainage issues. ■ Held Gardens Neighborhood Association Meeting. "Buy Into the Gardens" Program: Total Purchases for the month of April: $1,800 Total to date: $20,000 Volunteer Program • Current Volunteers: 21 (15 adults; 6 teens) • Number of Volunteers currently referred to Departments: 7 • Monthly savings to the City: (at the current national rate of $14.30): $2,603.00 Employee - Related Communications 01. Published monthly employee newsletter, City Hall Gazette Provided welcome and City overview to nine new employees. Implemented plant to coordinate and update single, comprehensive resident database available to all employees. MISC: • • Coordinated North County Economic Advisory Board Meeting at City Hall ■ Attended NPB Chamber Governmental Concerns Committee meeting • Attended PGA Corridor Meeting • Attended Lions Club Monthly Meeting • Attended meeting at Northern with neighborhood representatives regarding Unit 19. • V. CITY MANAGER REPORT C. Update on Drainage Plan — City Engineer Verbal Report r� • Is- CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 4, 2000 The May 4, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. ANNOUNCEMENTS: Mayor Russo thanked the residents of Frenchman's Creek for their donation of a van to the City, and a check for $13,000 to outfit the van for handicap and wheel access. REORDER AGENDA: Councilwoman Furtado made a motion to reorder the agenda to place comments regarding Fairwinds immediately following the Consent Agenda and before the public hearings. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. PRESENTATIONS: • Teamwork Awards - Teamwork Awards were presented to City employees Lynda Wiles, Holmer Gamroth and Chuck Miserendino. Transportation Task Force Study - Growth Management Director Roxanne Manning introduced participants in the task force, described the work that had been undertaken, indicated that the intent was to provide quality transportation for all residents, and defined the study area. The study indicated that traffic impact fees from development would be $22.2 million in road impact fees alone. Consultant Tim Jackson reviewed roadway traffic volumes, strategies to move vehicles and people, recommendations for CRALLS designations, and use of traffic impact fees. Staff responded to questions from the City Council. Palm Beach County Traffic Engineer George Webb provided information regarding capacities at and beyond 2006. Discussion ensued. County Commissioner Karen Marcus made comments. Mayor Russo stressed that now was the time to find out and put into place anything that should be done for the future, and Councilwoman Furtado suggested sharing the report with neighboring communities so that the cities could work together in order to consider the big picture. Mayor Russo requested information on what was planned for Burns Road and the traffic conditions in the year 2010, and thanked all of the parties who had participated in the study. Auditor's Report - Consultant Ed Holt with Nolen, Holt & Miner reviewed the City's comprehensive annual report for the fiscal year ended September 30, 1999, which indicated a good financial position for the City. CITY MANAGER REPORT: Construction Manager Ray Casto reported that during the past month the contractor had completely demolished the old building, hauled dirt away, and increased the size of the pond. Parking is • anticipated to be finished by July 4 and the air conditioner noise in the City Council Chambers had been greatly reduced. Building Official Jack Hansen reported another attempt would be made to L CITY COUNCIL REGULAR MEETING, 5/4/2000 2 lace the wood laminating on the dais over the weekend and if it did not work his recommendation p g was to scrap the dais and start over. PUBLIC INFORMATION REPORT: Assistant to the City Manager Public Information Officer Beth Ingold -Love reviewed the Public Information report, and advised that requests had been received to include proclamations for items such as 50th wedding anniversaries, etc., in City Council packets. It was the consensus of the City Council to look into criteria used by other cities for these types of proclamations. GROWTH MANAGEMENT REPORT: Guidance for an appropriate number of continuances for projects was requested. Consensus of the City Council was to limit projects to two continuances. COMMENTS FROM THE PUBLIC: Bob Kaplan - Mr. Kaplan requested that a time be considered after which an agenda item would not be removed. Mayor Russo commented that the agenda would be on the City's website so that residents could check. Councilman Sabatello requested that a phone message be established so that residents could call and hear meeting agendas. Roger Blangy, Garden Woods - Mr. Blangy expressed concern and frustration on behalf of Garden Woods residents regarding the delay in installing sewer and drainage lines, questioned why the lines could not be installed simultaneously to shorten the time the roads would be torn up. Mayor Russo requested the City Manager report to the City Council and to Mr. Blangy on this matter. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. The following items were • approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 6, 2000 Regular City Council Meeting. 2. Consideration of rejecting Bid for Professional Planning Services. 3. Consideration of awarding Bid for Municipal Complex Ball Field Irrigation Pump. 4. Consideration of rejecting Bids for Document Imaging Services. PUBLIC HEARINGS: Ordinance 7, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 8, 1989 to allow for the construction of an entry gate located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8A, 8B and 10 within BallenIsles Planned Community District, and Providing for an Effective Date, duly advertised, continued from Regular Meetings of 3/2/2000 and 4/6/2000 for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reported that a number of residents were opposed to the petition and that 16 letters in favor of the petition had been received. Henry Skokowski spoke on behalf of the petitioner. Cyrus Hornsby, 103 St. Edward Place; Bill DeMaria, 125 St. Edward Place; Paul Gregory, 126 St. Edward Place, and Dr. Michael Fronstin, 104 St. Edward Place, all spoke on behalf of residents of St. Edwards, and indicated they were not in favor of the project. Roma K. Josephs, 323 Sunset Bay Lane, spoke as President of the BallenIsles Homeowners Association and indicated the majority of residents in BallenIsles wanted the community to remain one community without an area being cut off, and reported that at their March 6, 2000 meeting the Homeowners Association had voted unanimously to oppose the gate. Joel Margolies, 311 Grand Key Drive, spoke in favor of the gate and stated he would not have purchased his property if he thought the gates would not be installed. Bob Kaplan, 102 Windward Drive, spoke against the gate. CITY COUNCIL REGULAR MEETING, 5/4/2000 3 John Tiffany, BallenIsles representative, commented that many misstatements had been made at this meeting and provided clarification. Roy Davidson, Developer, clarified that prospective residents would not know the product type or amenities at time of purchase. City Council members stated their position. Mayor Russo requested that developers not place the City Council in this position in the future. Councilman Clark made a motion that Ordinance 7, 2000 be placed on Second Reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by 3 -2 vote with Mayor Russo and Councilwoman Furtado opposed. The City Clerk read Ordinance 7, 2000 on Second Reading by Title Only. Vice Mayor Jablin made a motion to reconsider Ordinance 7, 2000. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 7, 2000 be placed on Second Reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by 3 -2 vote with Mayor Russo and Councilwoman Furtado opposed. The City Clerk read Ordinance 7, 2000 on Second Reading by Title Only. Ordinance 11, 1999 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 11, 1999 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the existing Planned Unit Development known as 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 an effective date, duly advertised; approved on first reading February 18, 1999, for Consideration of Second Reading and Adoption. Councilman Clark made a motion to continue consideration of Ordinance 11, 1999 to the June 1, 2000, City Council meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0 vote. Ordinance 4, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 4, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C. for rezoning of 64.47 acres of land, located at the northwest corner of the intersection of Central Boulevard and Hood Road and more particularly described herein, from Planned Development Area (PDA) to Residential Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay in order to construct 91 single family homes; providing for waivers; providing for conditions of approval, and providing for effective date, duly advertised and continued from Regular Meetings 3/2/00, 3/16/00 and 4/6/00, for Consideration of Second Reading and Adoption. Principal Planner Jim Norquest reviewed the project. Henry Skokowski spoke on behalf of the petitioner. Attorney Bill Boose spoke regarding condition 18. Discussion ensued. Hearing no comments from the public, Mayor Russo declared the public hearing closed. CITY COUNCIL REGULAR MEETING, 5/4/2000 4 Councilwoman Furtado made a motion to deny Ordinance 4, 2000. Councilman Sabatello seconded the motion. Motion carried 3 -2 with Councilman Clark and Councilman Jablin opposed. Ordinance 10, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 10, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from AGLP Investments No. 2 L.P. for an amendment of a previously approved Planned Unit Development by approving the addition of a 25,000 square foot retail space and an 8,115 square foot restaurant located at the northwest corner of PGA Boulevard and Interstate Highway 95, as more particularly described herein; providing for conditions of approval; providing for waivers, providing for severability, providing for conflicts, and providing for an effective date, duly advertised; approved on first reading 4/6/00, for Consideration of Second Reading and Adoption. Henry Skokowski spoke on behalf of the petitioner. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilwoman Furtado moved approval of Ordinance 10, 2000 on second and final reading by title only with conditions and waivers. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. City Clerk Carol Gold read Ordinance 10, 2000 by title only on second and final reading. Ordinance 13, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 13, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens, providing for rezoning of 2.59 acres of land located at the northeast and northwest corners of Military Trail and Northlake Boulevard; more particularly described herein; to General Commercial (CG -1) District; and providing for an effective date; approved on first reading April 6, 2000, for consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark moved approval of Ordinance 13, 2000 on Second reading by title only and approved. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 13, 2000 by title only on second and final reading. RESOLUTIONS: Resolution 26, 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 a Multi -Use Project with a total of 179,070 square feet and consisting of a Bank (3,420 square feet), Hotel (76,650 square feet), two Office Buildings (49,000 square feet), and two Retail Buildings (50,000 square feet), and for three waivers to allow the Use of Specialty Pavers, Five Loading Spaces Instead of the Twelve Required by Code, and Reduce the Dimensions of Parking Stalls for the Hotel from (10 x 18.5) to (9 x 18.5) feet, located along PGA Boulevard within the Regional Center DRI and PCD, and as more particularly described herein; Providing for Conditions of Approval; and Providing for an Effective Date. Growth Management Director Roxanne Manning presented the project. Henry Skokowski spoke on behalf of the petitioner. Ms. Manning explained that language in Condition 9 had been changed to allow up to 20,000 square feet of general medical office use in building one or building two so long as certain conditions were met. Councilman Clark made a motion to approve Resolution 26, 2000 with the changed Condition 9 as provided by staff. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING, 5/4/2000 ORDINANCES: Ordinance 12, 2000 - Consideration of an Ordinance of the City Council of the City of Palm Beach Gardens amending Chapter 2 of the City's Code of Ordinances entitled "Administration, " Article IV entitled "Code Enforcement," by providing for Code Enforcement proceedings to be conducted by a Special Master; repealing Section 2 -186 entitled "Definitions;" amending Section 2 -187 entitled "Declaration of Legislative Intent;" amending Section 2 -187 entitled "Jurisdiction;" repealing Division 2 of Article IV entitled "Code Enforcement Board" and replacing it with a new Division 2 entitled "Special Master;" amending Division 3 of Article IV entitled "Procedure for Enforcement of the Code Enforcement Board;" adding Section 2 -242 entitled "Procedure for Reduction of Fines and Liens;" amending Section 2 -261 entitled "Issuance of Citation." Growth Management Director Roxanne Manning expressed staff support for Ordinance 12, 2000. Councilman Clark made a motion to place Ordinance 12, 1000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 12, 2000 on First Reading by title only. ITEMS OF COUNCIL ACTION: Advisory Board Liaison Appointments — Assistant to the City Manager Public Information Officer Beth Ingold -Love presented the proposed appointments. Mayor Russo said that not all boards had been included. The members of the City Council agreed to continue in their present liaison positions. Ms. Ingold -Love was requested to bring back a complete list reflecting the correct liaisons. ITEMS FOR DISCUSSION Draft of Proposed Letter to Governor Bush from Education Advisory Board - It was the consensus of the City Council to send the letter. CITY ATTORNEY REPORT Consideration of Workers' Compensation Claim Settlement - City Attorney Andrew Pineiro reviewed the proposed settlement in the case of Lois Donaldson. Councilman Clark made a motion to approve the proposed settlement. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Clark- Councilmember Clark reported the second quarterly meeting of the Intergovernmental Forum had lacked a quorum, but that upcoming issues should bring a quorum to the next meeting. Councilwoman Furtado - Councilwoman Furtado expressed concern regarding increasing traffic at the commerce park and city park; reported that FDOT had indicated it was possible to place a light at that location; that the required criteria had been met; and therefore requested that the City petition for a light at that intersection. Vice Mayor Jablin - Vice Mayor Jablin reported from a meeting with FDOT and the County that the turnpike interchange was planned to be at Ryder Cup and Beeline. Mayor Russo requested that future meetings be discussed ahead of time as well as after the fact so that everyone would know what meetings were about and could make every effort to attend. )o CITY COUNCIL REGULAR MEETING, 5/4/2000 6 1W Mayor Russo - Mayor Russo reported the Economic Advisory Group had met but there had been low attendance, and that the next meeting would be in September with an aggressive effort made to bring business to the City. Mayor Russo reported he, the City Manager, and City Staff had met with the Chamber of Commerce to try to meet their goals for Arti Gras and find a suitable site. Mayor Russo reported that Chamber of Commerce Director Dave Talley had announced his resignation. ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:15 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN 9 MAYOR PRO TEM CARL SABATELLO ATTEST: CAROL GOLD CITY CLERK 1 ] COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO El • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 1, 2000 Date Prepared: May 9, 2000 Subject/Agenda Item Awarding of bid for the installation of emergency traffic signals at the Central Fire Station. Recommendation/Motion Staff recommends approval of piggyback bid from North Palm Beach County Improvement District in the amount of $21,850.00. Reviewed by: Originating Dept.: Costs: $ 21,850.00 Council Action: Total City Attorney Fire Rescue Department [ ] Approved Finance 21,850.00 [ ] Approved w/ Current FY conditions ACM [ ]Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ X ] Not Required [XI Other Bond Proceeds Letters from L.B.F. &H. Contract Submitted b Peter . Affected parties [ ] Notified Budget Acct. #:: 23- 0900 - 519.6200 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: Emergency traffic signals are needed at the apparatus driveway on Burns Road to allow fire apparatus to safely respond to emergencies. Traffic on Burns Road continues to be a major problem, especially during peak traffic periods. la CITY OF PALM BEACH GARDENS MEMORANDUM TO: Nabar Martinez, City Manager DATE: May 9, 2000 APPROVED: Peter T. Bergel, Fire Chie rtE -.:� FROM: Scott Fetterman, Asst. Chief / Fire Marshal SUBJECT: Emergency traffic signals for Central Fire Station. The Fire Rescue Department is requesting City Council approval to purchase and have installed emergency traffic signals on Burns Road at the apparatus driveway entrance. BACKGROUND Before the renovation of the Central Fire Station, emergency traffic signals were located at the fire apparatus driveway on Burns Road and allowed fire rescue personnel to stop traffic and safely respond to emergencies. During the renovation the apparatus driveway was located farther west and no new traffic signals were included in the construction contract. The City Engineer has developed a plan to install emergency traffic signals at the new driveway location on Burns Road and has recommended to piggyback off of Murry Logan's annual contract with the Northern Palm Beach County Improvement District. DISCUSSION The entire project will be completed in two phases. Phase 1 is the proposed work by Murry Logan which includes: 1. Supply and install two flashing beacon assemblies, one eastbound and one westbound. 2. Supply and install two thermoplastic stop bars. 3. Supply and install advance warning signs. 4. Supply and install electrical service and activation from the fire station. Phase 2 of the project will be to have Palm Beach County install a preemption control line from the traffic lights at Burns Road and Military Trail to the fire station. This will allow the traffic light for Burns Road to change green and help to clear traffic from in front of the apparatus driveway. We are currently awaiting a price from Palm Beach County Traffic Division for phase 2 and will submit it for approval as soon as it is available. The Fire Rescue Department is requesting that these devices be installed as soon as possible. Responding emergency apparatus are having difficulty on a daily basis with traffic and gaining access out onto Burns Road. 13 RECOMMENDATION Staff recommends approval of piggyback bid from Northern Palm Beach County Improvement District in the amount of $21,850.00. is • Iq INC. 10 ` S, i Ii \C GVa_ F.` GP E RS, S�_ ':�1'C�Rl• : A1.�r:FERS 0141 AC'RICULTURAL d•:'ATER RES0iiR`ES <:4 :TER & 1VASTE1,NATER TRAI ��SrriRTr :7':Oa`d SU V_ i ING & NIAPPINc GIB • 2'tiil;E.S O( Resuit5 April 19, 2000 File No: 97 -0513 Chief Pete Bergel City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Fire Station #1 Signalization Dear Chief Bergel: As we discussed the City of Palm Beach Gardens has requested signalization and signage for Fire Station #1 located at Burns Road and Military Trail. This entire project, if approved by City Council, should be completed as soon as possible due to the nature of the improvements. For this reason we are recommending to piggyback off of Murray Logan's annual contract with Northern Palm Beach County Improvement District (NPBCID). Thank you and please call me at (561) 286 -3883 if you have questions. c: Kent Olson, Finance Director Scott Fetterman, Assistant Fire Chief Len Lindahl, LBFH Dan Clark, LBFH PAPBGMEM0\05 t3\513w.doc Sincerely, Tammy Jacobs, E.I. %r ��1 /rpe Ca�dens Mgvq��'!H r 1 S' *,Mbf = INC. 0 \111. A GKlcl_'ETURA I REtiO URCES \i VIER 1\ \ \.\N i FAVAI ER T K:\\'SPc )RT.•\TI, )\' c.ls • IJ!W-01 March 31, 2000 File No: 97 -0513 Chief Pete Bergel City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Fire Station #1 Signalization Dear Chief Bergel: We have received a lump sum cost estimate from Murray Logan Construction, Inc. for the proposed Fire Station signalization in the amount of $21,850.00. Per the attached cost estimate the following material and equipment would be installed: 1. Supply /install two flashing beacon assemblies. One beacon to be installed 75 -feet west of the fire station driveway and the second beacon to be installed 50 -feet east of the fire station driveway. 2. Supply /install two 24" wide, white thermoplastic stop bars in conjunction with the flashing beacon assemblies. 3. Supply /install one advance warning sign 150 -feet east of the fire station driveway. 4. Supply /install electrical service so beacon can be activated from within the fire station. The material and equipment are based on FDOT Index 17890 and Manual of Uniform Traffic Control Devices standard sign index. Please note that we have confirmed with Murray Logan that the lump sum price does include maintenance of traffic for lane closure for installation of the electrical service. 16 Please contact us when the proposed signalization plan and cost estimate are approved by City Council so that we may notify Murray Logan Construction, Inc. to proceed with the installation. Sincerely, LBFH, Inc. Tammy Jacobs, E.I. c: Scott Fetterman, Assistant Fire Chief Len Lindahl, LBFH Dan Clark, LBFH 0 PAPBGME1V1O \0513\513t.doc • 17 03/20/2000 14:46 561 -656 -7465 P- IURRAY LOGAN CONST PAGE 02/02 MURRA Y L O GAN CON.- RUCTION, INC_ General Contractors 313 65th TRAIL NORTH WE5T PALM BEACH, FLORIDA 33413 QUOTATION ro L.B.F.H. Consulting Civil Engineers Fax: 561 -286 -3925 Attn.: Tanury Jacobs, E.I. NAME Of PROJECT Fire Station #1 Signalization LOCATION Palm Beach Gardens PLANS AND SPECIFICATION5 TELEPRONE 686 -3948 DATE. March 20, 2000 L.B.F.R We PpOPOSE TO FURNISH ALL LA80n. MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: 1 _ Install Signalization as follows: a. Supply/install (2ea) Flashing Beacon Assemblies. • b. Supplylinstall (lea) Advance Warning Sign. C. Install (2 ea) 24" wide white theroplastic stop bars. d. Supply/install electrical service so beacon can be activated from within the Fire Station. FOR THE LUNT SUM PRICE OF: $21,550.00 MURRAY LOGAN CONSTRUCTION, INC. CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS: BUYERS SIGNED ACCEPTANCe WILL CONSTITUTE A BINDING CONTRACT IN THE EVENT THERE IS ANY DEFAULT IN PAYMENTS DUE UNDER TrIIS CONTRACT AND THE SAME IS PLACED IN THE HANDS Of AN ATTORNEY FOR COLLECTION. THE PURCHASER AND .-OR PURCHASERS...rRE13Y AGREES TO PAY ALL COST OF COLLECTION. INCLUDING A REASONABLE ATTORNEY'S FEE • CCEPTEO: MURRAY LOGAN CONSTRUCTION, INC. Owrc TITLE �T I'' • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • is Date: 05/23/00 Meeting Date: 06/01/00 Subject/Agenda Item Appropriations Lobbying Services Recommendation /Motion: Consider a motion to reject all proposals or to award the contract to Resource Group in an amount not to exceed $72,000. Reviewed by Originating Dept.: Costs: $ 84,000 Council Action: (Total) City Attorney Finance [ ] Approved $ 0 ( ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: May 1, 2000 [X] Operating Attachments: Paper: Palm Beach Post [ X ] Not Required [ ] Other Memorandum Submitted by: /� Kent R. Olson K KV Department Director Affected parties [ ] Notified Budget Acct. #: 01- 0200 - 512.3150 ( ] None Approved by: City Manager % `� [ X ] Not required BACKGROUND: See attached memorandum. C� ` & (-2`4 a` !9 • • � F r v 2 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: May 22, 2000 Y g APPROVED: Nabar E. Martinez Cit Mana er pg. FROM: Kent R. Olson, Finance Director /\I\ SUBJECT: Appropriations Lobbying Services BACKGROUND The City of Palm Beach Gardens has several road and stormwater improvement projects which may be undertaken if there is sufficient funding available. One of the methods to augment local funding is to have monies appropriated by the federal and state governments to fund a project. With this in mind, the City issued a Request For Proposal to provide appropriations lobbying services. DISCUSSION The City received one proposal and one letter from another firm that would have submitted but did not learn of the RFP in time to adequately prepare a response. The proposal we received is summarized below. Company Fee Resource Group $ 84,000 Given that we only received one proposal which is for a substantial sum and we know of at least one other firm that will propose, the City would be best served by re- advertising and seeking additional proposals. RECOMMENDATION Staff recommends rejecting the proposals and seeking new proposals in order to attract a greater response to the RFP, or alternatively to award the contract to the Resource Group subject to negotiating a cost not to exceed $72,000. KE-61 C • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 1, 2000 Date Prepared: May 16, 2000 )iect/Agenda Item: Continued Public Hearing /Second Reading Amendment. Recommendation /Motion: Ordinance 11, 1999 - City Centre Parcel F Staff recommends the continuance of the public hearing for Ordinance 11, 1999 to the June 15, 2000 Citv Council meetina. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Man ag ment [ ] Approved Finance NA ACM J $ Current FY ( ] Approved w/ conditions [ ] Denied - Human Res. NA Other NA Advertised: Funding Source: [ I Continued to: Attachments: Date: 4/19/00 [ ] Operating *Letter from applicant with Paper: Palm Beach [ ] Other request for a continuance Post [ ]Not Required of the public hearing Sub�]tj Grov�th o Affected parties [ X ] Notified Budget Acct. #:: ( ] None Approved by: City Manager [ ] Not required REQUEST Anthony E. Oliver of Oliver Glidden & Partners, Inc., agent for P.G. Partners, is requesting the continuance of the public hearing for Ordinance 11, 1999 to allow more time to revise the building elevations so that wall signs are included in their request. Staff supports this request because of the time Staff needs to adequately review the revisions and make the necessary changes to the staff report for this PUD amendment. The "City Centre" site is located at the southwest corner of the intersection of PGA Boulevard and U.S. Highway One. The PUD amendment will revise the approved master plan for Parcel F, to include the following changes: 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 2 drive - through lanes on the south side of the building; 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 plan. (04- 42S -43E) gfjohn: pud9807.cc6 May -16 -00 03:08P OliverGlidden • OLIVER • G-LIDDEN & PARTNERS ARCHITECTURE • INTERIOR DESIGN May 16, 2000 Mr. Jim Norquest Principal Planner City of Palm Beach Gardens Planning and Zoning 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: City Centre Building "F" Palm Beach Gardens, FL Project Number: 98197 Signage Dear Jim: P.02 Ed Oliver John Glidden Daniel Brown Keith Spina We hereby request waivers from the following sections of the code and believe that the justifications outlined below support our request. Building Signage Ordinance 25, 1999 Sec. 110 -37, Flat/wall signs (a) Buildings located on a site which has at least 100 feet of property line on the public right -of- way shall be allowed one flat/wall sign for identirication. Although Building "F" does not have direct street frontage on PGA Boulevard it is a significant portion a larger PUD, City Centre, which has major street frontage along US Highway 1, PGA Boulevard and Ellison Wilson Road. Also, the main roadway entrance to City Centre and Building "F" is directly off of PGA Boulevard (and US -1). This is the tallest building within the PUD and was specifically located on the southwest portion of our property in order to maintain a lower building height along PGA blvd. We believe It to be reasonable for this building to be allowed to have main building signage on the Ellison Wilson frontage and on the northeast elevation facing our intemal "primary entranceway" (same language as c below). Main Tenant Signage Ordinance 25, 1999 Sect. 110- 37.Flatlwall signs (c) in addition to the ground and/or RatAvall sign which indicates the purpose of the building or a principal tenant an occupant of a portion of a building whose space is directly accessible from 40 the exterior of the building at ground level Is allowed one flat/wall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flat/wall signs shall not exceed rive percent of the gross area of the described elevations of the 1 1us 14"11 .• ■ 1401 FORUM WAY, SUITE loo - WEST PALM BEACH, FL 33401 • 561- 684 -6841 • FAX.- 561- 684 -6890 • E -MAIL: ogp6841Eaa01•C0f^ Lic. No. AA C000669 • 18 0000977 (�C-k May -16 -00 03:08P OliverGlidden 40- Page #2 • P.03 tenants' space. Signs shall not be located higher than the second floor line or top of the parapet of a one -story building. All such signs shall be of uniform type, color, material, shape, or style: letter height shall not exceed 24 Inches, maximum two lines of copy. A high level of architectural detail, including a two story high main entry arch has been included in the architectural design of the building. A specific signage band has been located above the arch and although it is technically above the second floor line we believe it to be consistent with the intent of the code when viewed in the context of the exterior elevations and should be permitted in this location. Although these signs are not necessarily for a tenant whose space is "directly accessible to the exterior" (a full first floor bank tenant could be the exception, major building tenants in taller buildings typically merit exterior signage. Also, the existing PUD elevation (11 stories) has signage in this location. We therefore desire approval for two tenant wall signs, one each on the northeast and southwest elevations identifying a major tenant. By definition, one sign faces Ellison Wilson and the other (northeast) faces the "Fountain" /Rotary (primary entranceway). We are therefore requesting waivers to: 1. Allow a second building sign on the northeast elevation (as shown on the exterior elevations) and, 2. approval to place two major tenant signs located per the exterior elevations. We trust that this information will be sufficient for your purposes and ask that if you have any questions to please contact us. We further request a continuance until June 151' in order to allow Staff sufficient time to review our request. Very truly yours, Anthony E. Oliver Senior Partner cc: Andrew Brock P:\ PROJECTW CTIVE \98 \CCF- 8197\SUPPORT\JNSIGN.WPD D3 i` CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum ,p Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Subject/Agenda Item: Postponed Public Hearing /Second Reading: Ordinance 11, 1999 - City Centre Parcel F Amendment. Recommendation /Motion: Staff recommends approval of Ordinance 11, 1999. Reviewed by: / Originating Dept.: Costs: $ Total Council Action: City Attome �/ Growth Management [ ] Approved Finance NA ACM 1 $ Current FY [ ] Approved w /conditions ��/ ]Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: 4/19/00 [ ]Operating Ordinance 11, 1999 Paper: Palm Beach [ ] Other Ordinance 26, 1998 Post Ordinance 15, 1997 Location Map Submitted by. (] Not Required Site Plan Section of former Site Plan City Engineer Comments Copies of Minutes Police Dept. Memo Growth Management Director Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ]Not required REQUEST Ordinance 11, 1999 is a request by Anthony E. Oliver of Oliver Glidden & Partners, Inc., agent for P.G. Partners, for approval of an amendment to the existing Planned Unit Development (PUD) known as "City Centre ", located at the southwest corner of the intersection of PGA Boulevard and U.S. Highway One; to amend Ordinance 15, 1997; to revise the approved master plan for Parcel F, to include the following changes: 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 2 drive- through lanes on the south side of the building; to reduce the �3A City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 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 plan. (04- 42S -43E) BACKGROUND This site was approved as a PUD by Ordinance 15, 1997. This PUD was approved for 228,790 square feet of office, retail, bank, and restaurant space. Ordinance 26, 1998 granted the waiver from the requirements of Section 118- 280(g)(14), that require underground utilities to be used within the PGA Corridor Overlay District, thereby permitting over -head electrical lines along the east side of Ellison Wilson Road south of PGA Boulevard. The applicant has completed construction and received final certificates of occupancy for the buildings on Parcels A, B, C, D, and E, and are now ready to start construction on Parcel F. REVIEW PROCESS This is a request for an amendment to a site plan within a PUD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. After review of the proposed PUD at a workshop meeting, the Planning and Zoning Commission shall schedule a public hearing for which the applicant shall provide proper notice to surrounding property owners. At this meeting, the Planning and Zoning Commission shall prepare a record of the proceedings and transmit them to the City Council, along with their recommendation. The City Council shall hold a public hearing after giving due public notice. The City Council reviews the request for a PUD amendment for consideration of approval, approval with conditions, or denial. PROJECT DETAILS Below is a list of changes that the applicant is proposing to Parcel F: ♦ Reduce the approved 135,000 square foot , 11 -story building to a 75,000 square foot, 6 -story building. ♦ Two drive -up tellers have been added to the south side of the building. ♦ A minor change in the design of the building (please see attached copy of the previously approved plan) ♦ The parking area around the building has been amended. ♦ The right turn lane onto Ellison Wilson Road has been eliminated (the main entrance has not changed). is The building materials, signs, and colors remain the same. 2 x313 City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 Please see Table A on page 7 for code compliance and site analysis. PGA CORRIDOR OVERLAY The proposed amendment complies with the PGA Corridor Overlay code requirements (Section 118 -280) except for Section 118- 280(g)(14), that requires "All new, reconstructed, and /or relocated utilities within the PGA Boulevard corridor, including but not limited to electric, telephone and television cable, shall be placed underground." However, the site received a waiver from this requirement on February 18, 1999 with the passage of Ordinance 26, 1998, thereby permitting over -head electrical lines along the east side of Ellison Wilson Road south of PGA Boulevard. DEPARTMENTAL COMMENTS Building Building Official Jack Hanson has one comment. There are two of the same tenant's name on one elevation of the office building, while the code only allows one (Land Development Regulation Section 110- 37(c). However, if the tenant sign at the top of the building is considered the building identification sign, then two signs may appear on one elevation. The applicant has since removed the sign detail from the elevations. Any future signage will have to be reviewed by the Planning and Zoning Commission and approved by City Council. Engineering Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has recommended approval with two conditions (see below). City Forester Mr. Hendrickson has reviewed the plans and has no further concerns. Fire Department The Fire Department did not have any further concerns about access. Police Department Officer Gwen Fleming made some comments at the November 3, 1998 Development Review Committee meeting. Most of her concerns were about lighting and safety in the parking garage. In addition, the Police Department has suggested a glass elevator in the parking garage to provide more security. • Seacoast Utility Authority Seacoast Utility Authority has no further concerns. 3 0 City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -9"7 STAFF RECOMMENDATION Staff recommends approval of petition PUD -98 -07 with 4 conditions of approval as listed below: The 15 conditions of development as set forth in Ordinance 15, 1997 shall remain in full force and effect. (Planning & Zoning) 2. Prior to construction plan approval for Parcel F, the applicant shall revise the 8 -foot drive - through lanes to a minimum 10 feet wide. The 10 foot minimum lanes are based on the PBC Site Development Standards, Article 7. (City Engineer) 3. Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. However, in a letter dated March 30, 2000 (see attachment), City Engineer Sean Donahue reduced this figure to $91,925.81. (City Engineer) 4. Prior to construction plan approval, lighting and photometrics shall be submitted for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as the parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning & Zoning) PLANNING AND ZONING COMMISSION MEETINGS The petition was reviewed by the Planning & Zoning Commission on November 10, 1998 and January 12, 1999. The Commission members recommended approval of the petition with a 7 -0 vote with six conditions: (NOTE: The applicant has since satisfied numbers 1 - 5 of the conditions of approval recommended by the Planning & Zoning Commission.) 1. Prior to scheduling for a City Council meeting, the applicant shall revise the Parcel F Elevations, Sheet F.3, removing the proposed lettering on the awning. . (Planning & Zoning) a3D 0 City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 2. Prior to scheduling for a City Council meeting, the applicant shall depict existing water and sewer lines and utility easements on the site plans and landscape plans. (Planning & Zoning) 3. Prior to scheduling for a City Council meeting, the applicant shall add horizontal control, lane widths and radii to the "one -way" drive aisle and drive - through lanes. The applicant shall also cite the standards, which the 8' drive - through lanes are based upon. (City Engineer) 4. Prior to scheduling for a City Council meeting, the applicant shall revise the landscape plans to show the same landscape treatment around the FP &L poles south of the Ellison Wilson Road entrance as is occurring north of the entrance. (City Forester) 5. Prior to scheduling for a City Council meeting, the applicant shall revise the landscape plans to show increased landscaping around the base of the building similar to what was approved for Parcel F in the original approval (Ordinance 15, 1997) (City Forester) 6. Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. (City Engineer) 5 -�3� Since the January 12, 1999 Planning and Zoning meeting, the applicant resubmitted the requested plans, which have been reviewed by the City Engineer. The City Engineer has added one condition of approval regarding the drive - through lanes (see Page 3). CITY COUNCIL MEETING This petition was before the City Council for a Workshop /First Reading on February 18, 1999. The petition was approved on First Reading. Mayor Russo was concerned about the height of the building identification sign on the office building. Staff found that the approved sign package does not include building identification or tenant signs on the multi- story office building. Staff has reviewed the previous City Council meeting minutes and files on this project and has found the following items: ♦ The City Council members strongly objected to the building identification sign being above the fourth floor level at every meeting that the location was discussed. ♦ According to the March 20, 1997 meeting tapes, the applicant had revised the plans so that there were no signs above the fourth floor level. ♦ The approved plans show a "Future Tenant Sign" area located at the roof line (of the 11 -story building). These plans were listed as an exhibit in Ordinance 15, 1997. ♦ The actual sign package was not approved by Ordinance 15, 1997. ♦ The sign package was approved by Ordinance 26, 1997 and included colors and graphics, but did not mention building identification or tenant sign locations. After reviewing the above, staff reviewed the sign code to research whether or not it specifically prohibits building identification signs above the fourth floor line. In Section 110 - 37(b), as amended by Ordinance 25, 1999, it states in part: The total area of the sign face shall not exceed 90 square feet. Sign letters hall be no larger than 36 inches in height. Signs shall not be located more than three feet above the fourth floor line or above the building parapet. The code also restricts tenant signs, by stating that these shall not be above the second floor line elevation or the top of the parapet of a one -story building. In addition, the Council members requested that the applicant provide a sidewalk on the 0 c;3 �` City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 south side of the site, behind the parking garage. The applicant has revised the plans in response. The City Engineer has reviewed the change and has no concerns. At the April 8, 1999 City Council meeting the applicant indicated that because a favorable outcome regarding their petition (specifically on the signage question) did not appear to be imminent, they would prefer to withdraw their petition. On February 7, 2000, however, Staff received a letter from the applicant indicating that they had meant to postpone, not withdraw, and requesting that this petition again be heard by City Council. The applicant stated that their proposed petition would not be altered from that heard at the April 8, 1999 City Council meeting. Because the applicant has removed all of the originally proposed signage on the building, any future building signage will have to be reviewed by the Planning and Zoning Commission and approved by City Council; a condition of approval for this has been added to the attached ordinance. Furthermore, the standard condition of approval regarding the securing of a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service" has been added. • TABLE A CODE COMPLIANCE AND SITE ANALYSIS • Subject Property: Commercial w /PUD overlay Commercial City Centre Planned Unit CG1 C Development North: Residential Medium Residential Medium Palm Beach County RM RM Residential South: General Commercial Commercial Village of North Palm CG1 C Beach Commercial East: General Commercial Commercial Commercial (consisting of CG1 C Professional office) West: General Commercial Commercial Vacant I CG1 I C 7 • • City Council Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 Code Requirement Proposed Plan Consistent? CG1 - General Commercial CG - General Commercial Yes Front Setback: 20' min. Parking Garage: 42' Yes Side Setback: 15' min. Parking Garage: 34' Yes Rear Setback: 15' min. Parking Garage: 43' Yes Parking Required: Office - 192 Parking Garage Spaces Yes 1 space /300 square feet: 89 Surface Parking Spaces 70,500/300 = 235 spaces 281 Total Parking Required: Bank Yes 1 space /250 square feet 4,500/250 = 18 spaces 235 + 18 = 253 spaces total Handicap Parking Required: 7 Spaces Yes 7 spaces Open Space Required: 15% 32.57% Yes min. Building Height: 36' 103'4.5" Originally approved by City Council for 167'8" Building Lot Coverage: 35% 18.43% Yes max. g /john: pud9807.cc4 8 �3� Ordinance 11, 1999 Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 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 2 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 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition from P.G. Partners, for approval of 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 2 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 plan; and WHEREAS, City Centre was approved as a Planned Unit Development by Ordinance 15, 1997; and WHEREAS, the petition is consistent with the City's Comprehensive Plan and Land Development Regulations. �9 �3,� Ordinance 11, 1999 Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the 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 2 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 plan. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and /or assigns: 1. The 15 conditions of development as set forth in Ordinance 15, 1997 shall remain 2. in full force and effect. (Planning & Zoning) Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. (City Engineer) 3. Prior to construction plan approval for Parcel F, the applicant shall revise the 8 -foot drive - through lanes to a minimum 10 feet wide. (City Engineer) 4. Prior to construction plan approval, lighting and photometrics shall be submitted for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as the parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (City Engineer) 5. The applicant shall return to the Planning and Zoning Commission and City Council for approval of all signs. (Planning & Zoning) 6. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department. These 10 �J Ordinance 11, 1999 Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 plans shall supercede plans with the same title approved by Ordinance 15, 1997 (all other plans remain unchanged): 1. March 3, 1999 Master Plan by Oliver Glidden & Partners, Sheet SP1. 2. December 7, 1998 Master Plan Phasing Plan by Oliver Glidden & Partners, Sheet SPPH. 3. December 7, 1998 Parcel F Parking Garage Plans and Elevations by Oliver Glidden & Partners, Sheet F.1. 4. December 7, 1998 Office Building Floor Plans by Oliver Glidden & Partners, Sheet F.2. 5. March 3, 1999 Parcel F Office Elevations by Oliver Glidden & Partners, Sheet F.3 6. December 18, 1998 Parking Garage Photometrics by Oliver Glidden & Partners, Sheet F.4. 7. January 27, 1999, Landscape Plan by Oliver Glidden & Partners /Urban Design Studio, Sheet L -1. 8. October 16, 1998, Landscape Plan by Oliver Glidden & Partners /Urban Design Studio, Sheet L -2. ! SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 18th DAY OF February '1999 PLACE ON SECOND READING THIS DAY OF , 2000. PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH RUSSO VICE MAYOR ERIC JABLIN 0 COUNCILMAN DAVID CLARK 11 , 2000. COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD INTERIM CITY CLERK mm VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK glohn: pud9807.cc6 • • Ordinance 11, 1999 Meeting Date: May 4, 2000 Date Prepared: April 12, 2000 Petition PUD -98 -07 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 12 �. 5 Amendment 1 The text of proposed Ordinance 11, 1999, as approved on first reading, is proposed as follows: A. Amend Section 2., by inserting a new condition (number four), to read as follows: 444. Prior to .construction plan approval, lighting and photometrics shall be submitted for all exterior lighting elements including, but not limited to building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, si ng_age backlighting or uplighting, etc. as well as the parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (City Engineer) 5. The applicant shall return to the Planning and Zoning Commission and City Council for approval of all signs. Planning & Zoning) 6. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning)" changing the dates of the final plans o read as B. Amend Section 3(1) and 3(5) by ang g p t follows: 441. March 3, 1999 Master Plan by Oliver Glidden & Partners, Sheet SP 1. 2. December 7, 1998 Master Plan Phasing Plan by Oliver Glidden & Partners, Sheet SPPH. 3. December 7, 1998 Parcel F Parking Garage Plans and Elevations by Oliver Glidden & Partners, Sheet F.1. 4. December 7, 1998 Office Building Floor Plans by Oliver Glidden & Partners, Sheet F.2. 5. March 3, 1999 Parcel F Office Elevations by Oliver Glidden & Partners, Sheet F.3. 6. December 18, 1998 Parking Garage Photometrics by Oliver Glidden & Partners, Sheet F.4. 7. January 27, 1999, Landscape Plan by Oliver Glidden & Partners/Urban Design Studio, Sheet L -1. 8. October 16, 1998, Landscape Plan by Oliver Glidden & Partners/Urban Design Studio, Sheet L -2." . G /john: pud9807.or.amend 13 4, February 11, 1999 ORDINANCE 26, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 15, 1997, WHICH APPROVED A PUDILANDSCAPE PLAN FOR CITY CENTRE, FORMERLY KNOWN AS OAKBROOK CENTER GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, BY APPROVING A WAIVER TO SECTION 118 -280 (g) (14), ENTITLED "BUILDING DESIGN GUIDELINES" " UNDERGROUND UTILITIES" AND BY AMENDING THE LANDSCAPE PLAN; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of 228,790 square feet of office, retail, bank, and restaurant space by adoption of Ordinance 15, 1997, which amended Ordinance 25, 1986 approving a Planned Unit Development at the southeast comer of PGA Boulevard and Ellison V1(ilson.Road; WHEREAS, an application has been submitted by P.G. Partners requesting a • waiver to the PGA Boulevard corridor overlay, Section 118 -280 (g) (14), which would allow over -head electrical lines along Ellison Wilson Road, and amending Ordinance 15, 1997 by amending the landscape plans; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the spec improvements provided by the proposed petition are consistent with the City's Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby grants approval of the waiver to Section 118 -280 (g) (14) to allow overhead powerlines to remain within the PGA Boulevard Corridor Overlay, specially, seven (7) power poles located along the east side of Ellison Wilson Road south of PGA Boulevard. Section 2. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 15, 1997 to amend the approved landscape plan for City Centre. Section 3. Said amendment to the landscape plan shall be consistent with plans on file with t fe City's Growth Management Department as follows: 1. January 19, 1999 City Centre Plant List by Oliver- Glidden & Partne[s., prepared by Jay Bridge dated 1120/99. Sheets L -1 and L -2. • 2. September 15, 1998 City Centre Ellison Wilson Landscape Plan by Urban ' - Design Studio. One sheet. 3. October 9, 1998 City Centre Streetscape Elevation by Oliver - Glidden & Partners. Sheets EL -2 and EL -3. Section 4. The amended landscape plan shall supersede the existing landscape plan. Section 5. Approval of this ordinance is based upon compliance with the following conditions: 1. Prior to issuance of the Certificate of Occupancy for the building within Parcel D, the applicant agrees to post a bond or surety in an amount equal to 110% of the cost and in a form acceptable to the City for the removal of the two (2) poles located east of the project entrance on PGA Boulevard and for the removal and burial of the overhead lines currently connected to the two (2) poles. 2. Subject to approval of Palm Beach County and FP &L, the applicant shall be responsible for the cost of removing the traffic signal pole located at the • southeast comer of the intersection of Ellison Wilson Road and PGA Boulevard and for the re- connection of the traffic signal to the FP &L distribution pole (or to a replacement pole) located at the same comer. If it is necessary to relocate the FP &L distribution pole,-the applicant shall be responsible for the cost of said relocation. The applicant agrees to assume all costs otherwise associated with this project. Prior to issuance of the Certificate of Occupancy for the building within Parcel D, the applicant agrees to post a bond or surety in an amount equal to 110% of the cost and in a form acceptable to the City for this project. 3. The applicant shall apply for permits to the appropriate agency or utility, as applicable to accomplish the work described in sub - sections 1 and 2 above Within 60 days of adoption of this Ordinance. 4. All new landscaping approved with this Ordinance shall be completed prior to issuance of the Certificate of Occupancy for the building within Parcel D. Section 6, All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. Section 7. This prdinance shall be effective upon adoption. Ordinance 26, 1998 Page 2 WAI - PLACED ON FIRST READING THIS r DAY OF JANUARY, 1999 PLACED ON SECOND READING THIS 18"' DAY OF FEBRUARY, 1999 PASSED AN9 ADOPTED THIS � D Y 1999 • • - • ri C1 I Ili - • , • • �JLf I • , - . ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 26, 1998 Page 3 V COUNC - tMAN CARL SABATELLO APPROVED AS TO LEGAL. FORM A SUFFICIENCY CITY ATTORNEY AY NAY ABSENT 1 April 17, 1997 ORDINANCE 15, 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE OAKBROOK CENTER PLANNED UNIT DEVELOPMENT AND THE FLAME BUILDING PLANNED UNIT DEVELOPMENT FOR SITE PLAN APPROVAL OF OFFICE, RETAIL, BANK, AND RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to amend the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, to seek site plan approval for 228,790 square feet of office, retail, bank, and restaurant space, and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amendment to the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, for site plan approval for 228,790 square feet of office, retail, bank, and restaurant space. The project shall henceforth be known as the City Centre Planned Unit Development. SECTION 2. Approval of the amendment is approved based on compliance with the following conditions of approval; 1. If the Sausage treee or Ficus tree dies, the tree(s) shall be replaced with another specimen tree. The type of tree shall be determined by the property owner and the City Forester. 2. / Stop signs, stop bars and right turn only sigrq shall be added to the Civil Construction Plans as needed prior to the issuance of the first building permit_ 3. Construction of the fast phase of Ellison Wilson Road improvements required for this project shall be complete prior to the issuance of the next building Certificate of Occupancy for the project. The balance of Ellison Wilson Road improvements required for this project shall be completed when access to the project is constructed in the southwest corner of the property. 4. Within the first six months after approval of this Development Order, the applicant shall apply for and diligently seek to obtain a permit from the Department of Transportation (DOT) for a median opening on U.S. Highway One in accordance with the DOT Access Management Master Plan dated April 5, 1996 by William A. Lewis, Jr. P.E., District Traffic Operations Engineer (a copy of which is attached as Exhibit "A"), for constructing the new median opening on U.S. Highway One as referenced in the Access Management Master Plan for Oakbrook Drive (proposed), and for the purpose of serving the proposed interconnecting road between U.S. Highway One and Ellison Wilson Road. The new median opening and two lanes of the proposed interconnecting along the south boundary of the property between U.S. Highway One and Ellison Wilson Road shall be constructed prior to the earlier of (1) the closing of the existing U.S. Highway One directional median opening serving the project; or (2) issuance of a Certificate of Occupancy for Building F. Approval of the DOT permit and approval of the plans for the median opening and roadway construction must be accomplished prior to the issuance of the permit for Building F. Notwithstanding the foregoing, if the DOT Construction Permit for the new median opening cannot be obtained, the petitioner may proceed with construction of Building F as long as the petitioner agrees to provide access, ingress and egress to the adjacent property owners to the south and /or east, with the understanding and provision that the petitioner is granted equivalent reciprocal access, ingress and egress rights across the property to the east and/or south for the petitioner's equal use of the interconnecting roadway. 5. A final plat for this project shall be approved by City Council and recorded in the public records of Palm Beach County prior to the issuance of any Certificate of Occupancy for any buildings. Staff approval of a preliminary plat conforming to the City's LDWs and fully executed, with the exception of the existing land owners' interests, shall be submitted and approved by staff prior to issuing any permits for additional horizontal or vertical construction. To assure that construction is in accordance with approved civil construction plans and specifications and meets the requirements for the remaining signatories to execute the plat, the applicant shall post surety acceptable to the City for the construction of internal roadways and related site improvements, and for the parking improvements for Parcel "Al" and Parcel "B." In addition, any public improvements and landscape requirements will be subject to appropriate surety, which will be processed and released in accordance with standard procedures set forth in the City's Codes and Ordinances. Ordinance 15, 1997 Page 2 a3R 6. The new construction shall be designed such that the overall P.U.D. meets the City's 4 criteria for level of service and performance standards as it relates to storm water run- off and a surface water management system. This requirement includes obtaining the necessary approvals for a positive outfall before any permits are issued for the next building or civil site construction. 7. The petitioner shall post a letter -of credit ( "L.C.") or other surety bond ( "bond's acceptable to the City in the total amount of $125,000 which sum will represent the petitioner's contribution toward the six-lane improvement on PGA Boulevard between U.S. 1 and Ellison Wilson Road. The L.C. or bond will be posted* in percentage increments upon issuance of building permits with the percentage based on the ratio of square footage of the phase being constructed to the to_;new construction of 10 000 square feet. For example, if the construction sequence is Parcel D, then Parcel E, and finally Parcel F, the initial amount of the L.C. or bond to be posted is $18,443 due prior to the issuance of the building permit for the building located on Parcel D. The L.C. or bond amount would be increased to $32,787 prior to the issuance of the building permit for the building located on Parcel E and would be further increased to the total amount of $125,000 prior to the issuance of the building permit for the building located on Parcel F. The terms of the L.C. or bond shall allow the City to call an amount equal to 14.5% of the L.C. or bond amount posted at any given time upon the City's receipt of evidence that the Florida Department of Transportation (DOT) has executed a contract with an engineering firm for the design of the referenced improvement. The remaining balance of the L.C. or bond as may exist from time to time may be called by the City upon the City's receipt of evidence that the DOT has executed a contract for the construction of the referenced improvement. The L.C. or bond will expire on the date which is one year from the date that the certificate of occupancy is issued for the last building to be constructed. The City will not be entitled to make any calls on the L.C. or bond on or after that date. 8. The median on PGA Boulevard between U.S. 1 and Ellison Wilson Road shall have a Bominite -type treatment prior to the Certificate of Occupancy of the first building, subject to Florida Department of Transportation approval. 9. There shall be two royal palms planted along the U.S. 1 entry drive, prior to the Certificate of Occupancy of the first building. 10. The property owner shall maintain all right -of -way landscaping,,subject to Florida Department of Transportation approval. 11. The petitioner shall make provisions at the southwest corner of PGA Boulevard and U.S. Highway One for a location to place a "Welcome to the City of Palm Beach ! Gardens" sign. The sign location and design to be approved by the applicant and the City and the sign's size and character to be integrated into the project's sign program. Ordinance 15, 1997 Pa VP 12. After each phaselbuilding Certificate of Occupancy is complete, the Landscape Architect of Record shall certify to the City in writing that the landscaping has been installed per the approved landscape plan. 13. The site plan shall limited to 181,390 square feet of office space (which includes up to 8,000 square feet of non - drive -thru bank space in Building F), 35,000 square feet of retail space, 3,300 square feet of drive -in bank use, and 9,100 square feet of restaurant space. 14. All the applicant's and petitioner's obligations set forth in the foregoing conditions, financial or otherwise, shall be fulfilled by petitioner, PG Partners and its successors or assigns. 15. Applicant shall return with a complete sign package for City Council approval within 30 days of the adoption of this Ordinance. SECTION 3. Construction of said Planned Unit Development shall be in accordance with the following plans on file with the City'. s Planning and Zoning Department: 1. March 10, 1997 Master Plan by Oliver Glidden and Partners. Page SP -1. 2. March 10, 1997 Site Sections Plan by Oliver Glidden and Partners. Page SP -2 3. March 10, 1997 Master Plan Phasing Plan by Oliver Glidden and Partners. Sheet SPPH. 4. July 3, 1996 Parcel D Floor Plan and Elevations by Oliver Glidden and Partners. Sheet D.1. 5. March 10, 1997 Parcel E Floor Plan and Elevations by Oliver Glidden and Partners. Sheet E.1. 6. July 3, 1996 Parcel F Parking Garage Plans and Elevations by Oliver Glidden and Partners. Sheet F.1. 7. June 3, 1996 Office Building Floor Plans by Oliver Glidden and Partners. Sheet F.2. 8. June 4, 1996 Parcel F Elevations by Oliver and Glidden and Partners. Sheet F.3. 9. July 3, 1996 PGA Boulevard Streetscape Elevation by Oliver Glidden and Partners. Sheet ELI. 10. July 3, 1996 Ellison Wilson Road Streetscape Elevation by Oliver Glidden and Partners. Sheet EL2. 11. October 9, 1996 South Roadway Streetscape Elevation by Oliver Glidden and Partners. Sheet EL3. 12. March It, 1997 and July 3,1996 Landscape Plan by Urban Design Studio. Sheets L -1, L-2, and L -3. 13. July 1996 Preliminary Site Drainage Plan by Messier and Associates. Sheet C -1. 14. December 23, 1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet 1. SECTION 4. This Ordinance shall be effective upon adoption. • Ordinance 15, 1997 �. Page 4 C • • PLACED ON FIRST READING TMSgD AAY OF PLACED ON • • READING THIS DAY OF 9• PASSED AND ADO ;nRS _L&DAY OF 1997. MAYOYJOSEPI-I • Co — 777 Mf, • • ' • VICE MAYOR LAUREN .• ATTEST: _ LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABS Ordinance 15, 1997 Page 5 -, , • • • LOCATION MAP p t 1 Atlattttc R t dgewatec )r.I _ RD �; } . N walled 7 - - ���•� � S wala( let. - - t� PE`` Pr til^ mort,f B� ♦(a�r r ) lJ v ! K eay ViUaQe G MALL MEAOOwS ... RA lC" Cl"" r\ as n RAW at S11 s ; w ; Sho - t o M PLE av 21 Belch j ME x House( �,' BLVO_ a CAE « PGA lotor ,- _ - - ' - -_a Floral 'o • Pj Palm a 4U Belch 4U Heartlands • t t mm College t Healthcare I St \odh Campus !- ---��_ Ctr _t Canal _ - c i i Yr - -b�te f Ctr ' Oak �Ct,(� 4 1 i `C` FIRE STA C i "a one if '1 Mortet NN O�a1O O�,KS C R COST gRtOGE � • fCYEI�CE J ' ♦K Qr SEY -a a (� oAK 09 y�`�cTK PROSPER( Garde CT — EAS♦ � qU � � a an . l �\ ttt[PEE 117 LFIM r o, Rd_ _. L Rd ' fall Or � .� a• '.N o LQL i4 r a ERS J— clam Oc R RO •' � PLO�E r n a CI i• !�:C t. � p i ' Oakbrcwk (�7 l Square c_ < < 5 <, �� O OufLadyo(Fiorid. u11REi to R {{''-'''' � L 4 ram : O OR 2 MUM Or - ♦ ♦ ` s Mc Lace Rd Cryscar - Tree rp Coif Plaza La ' . .!'rlr Rd QUO 3 QS- y9 t Q Z Q6 t • • '. \PPjICCT \ACTIVE \98 \CCF -8iy1 \PGA- SPYI.OK Tue Dec 29 12:15:57 1998 OGP r I 'a i i ■....■■ 4 �r l0p \/tm ■manses ■m[asm■ ) {....,. - CITY CE I E= .v TAM 61 •/� �jU�ti &iVMCF Er( P.GPARTNB2S. LTD. � M r' , rH1A Ir.WI CMOC1t. HA�iUA •n �uu .. �.�. r� r � f � g 0 ou..«- auee.a • r �iw r�yM 5V I" ! INC. +vSUI I1N('. CIVII MANI WS. "O K\ & MAITIKS civiL AGRICULTURAL WATER RESOURCES WATER & %NASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS • "Partners For Results Value by Design" 0;50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 wwwAffi.com MEMORANDUM TO: Jack Hanson FROM: Sean C. Donahue, P.E. Pv DATE: March 30, 2000 FILE NO.: 95 -2050 SUBJECT: City Centre We have reviewed the request for surety reduction letter prepared by Tim Messier of Messier & Associates, Inc. received on March 7, 2000. Based on our review of our files and the above referenced letter, we recommend the release of surety in the amount of $91,925.81, which is 110% of $83,568.92. SCD/ cc: Roxanne Manning Bahareh Keshavarz P :\PROJF,CTS\PBOMEMO\2050\2050zb C7 • • LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM �y TO: Kim Glas ; _ `tip �� FROM: Tammy Jacobs DATE: February 9, 1999 SUBJECT: City Centre, Parcel F (LBFH File No. 95 -2050) We have reviewed the revised Preliminary Drainage Plan prepared by Messler & Associates received February 1, 1999. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to the issuance of the building permit for parcel F, the applicant will need to submit the balance of the $125,000.00 representing the applicant's contribution toward the six-lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for parcel E and $18,442.61 for Parcel D. Therefore, the balance for parcel F is $92,213.14. 3) Previously Satisfied. 4) Previously Satisfied. 5) Previously Satisfied. 6) Previously Satisfied. 7) Conditionally Satisfied. Prior to final City Council approval, the applicant will need to revise the 8' drive through lanes to a minimum 10' wide. The 10' minimum lanes are based on the PBC Site Development Standards, Article 7. 8) Previously Satisfied. 9) Previously Satisfied. 10) Previously Satisfied. 11) Previously Satisfied. 3550 S.W. CORPORATE PARKWAY • PALM CITY. FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 httpJ /www.rofh,ogm • e -ma11: info®fbfh.c= em M CITY WEST Pn1 M RFACI I PORT NERO- OKEEMOBF.1 Y� 12) Conditionally Satisfied. Prior to final City Council approval, the applicant shall correct the limit of Phase 4 within parcel F. The Phase 4 limit should be revised to include the additional seven parking spaces at the northwest comer of the fountain area. 13) Previously Satisfied. The applicant has identified the sidewalk width as 5' minimum. TJ PAPBGMEMO\2050z3.doc C: Bobbie Herakovich Roxanne Manning • • 0 • Liamh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: February 11, 1999 SUBJECT: City Centre, Parcel F City of P.B. Gardens FE8 16 im GRUWIH MANAGEMENT OEPARIMENT (LBFH File No. 95 -2050) This memorandum is written to amend comment number 7 of our memorandum dated February 9, 1999. Mr. Ed Oliver has verbally agreed to revise the 8' drive through lanes to a minimum 10' wide in order to satisfy the PBC Site Development Standard requirements. Because there is ample space to the south to widen the drive aisle we have no engineering objections to the applicant addressing our concerns at construction plan review. Therefore we offer the following amendment to comment number 7: 7) Conditionally Satisfied. Prior to construction plan approval, the applicant will deed to revise the 8' drive through lanes to a minimum 10' wide. The 10' minimum lanes are based on the PBC Site Development Standards, Article 7. Ti P:\PBGMEMO\2050z5.doc C: Bobbie Herakovich Roxanne Manning FA- 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 httpj /www.ibfh.com • e -mail: iF 00 bfh.corri -'<T (CAI M fir Arf I FORT PIERCE OKEECHOBEE -6( 0 CITY COUNCIL REGULAR MEETING, 5/15/97 �rdinance 26, 1997 Commission unanimously recommended approval with seven conditions. One of the conditions was that the turn out radii be a 13 40 foot medium, however, since the writing of the staff report, the petitioner has revised the site plan to reflect this amendment. Staff recommended approval with a condition that the lighting plan be approved before the issuance of a building permit. Mr. Minor revieird all conditions approved by the Planning and Zoning Commission. City Attorney Acton pointed out'that the Council had two Ordinance 25s in their package and suggested that the Council not consider the ordinance dated May 15, 1997. Phil Bluckner, architect for the proposed project, addressed the Council stating that concerning the drainage issue, the petitioner is involved with the MacArthur Foundation as to where the easement is placed. It was expected that this issue would be solved before w second reading of the Ordinance. Councilwoman Monroe made a motion to place Ordinance 25, 1997, on first reading, by title only. Councilman Jablin seconded the motion, which unanimously carried. The Deputy City Clerk read Ordinance 25, 1997, by title only on first reading. Marty Minor, Planner, stated Ordinance 26, 1997, was for consideration of approval for a comprehensive signage package for CITY COUNCIL REGULAR MEETING, 5/15/97 14 the City Centre Planned Unit Development located at the southwest corner of PGA Boulevard and U.S. 1. The petitioner proposed ground signs at the following locations: one sign at the Ellison Wilson Road entrance, one sign at the southeast corner of Ellison Wilson Road and PGA Boulevard, two signs at the PGA Boulevard site entrance, and two signs at the southwest corner of PGA Poulevard and U.S. 1. The previously proposed sign at the future east -west road at the southern boundary of the site had been eliminated. While the petitioner proposed six ground signs, only four were allowed by Code, and is seeking a waiver from the Code as well as from the side setback requirement. Grounds signs will have a masonry wail with a fabricated aluminum sign painted with a Yacht Blue finish. Tenant signage will be aluminum channel letters with white acrylic faces with Yacht Blue trim Hank Skokowski of Urban Design Studios stated that the design was as requested by the City Council. Councilman Clark made a motion to place Ordinance 16, 1997, on first reading, by title only. The motion was seconded by Councilman Jablin and approved by a vote of 3 ayes and 1 nay. Councilwoman Monroe cast the nay vote stating that she was opposed to the number of ground signs. The Deputy City Clerk read Ordinance 26, 1997, by title only on first reading. CITY COUNCIL REGULAR MEETING, 6/19/97 12 0 - Finance Director was not in attendance to discuss the reasoning for the proposed home occupation fee. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to postpone the Public Hearing for Ordinance 23, 1997, until the July 2, 1997, City Council Regular Meeting. The motion was unanimously carried. Ordinance 25, 1997 Mayor Russo announced that the Public Hearing for Ordinance 25, 1997, would be readvertised. Ordinance:-- 26, 1997 Mayor Russo declared the Public Hearing open, which was duly advertised 6/4/97 and held on the intent of Ordinance 26, 1997, consideration of approval of a sign package for City Centre Planned Unit Development. Kim Glas, Acting Planning and Zoning Director, stated that the City Centre PUD was approved without a sign package because the City Council wanted samples of colors and materials. Ms. Glas detailed the proposed sign package, colors and materials. Ms. Glas stated that the City Council reviewed the proposed sign package at a previous meeting and expressed no concerns. ..__._____ There being no comments from the .public, Mayor:,Russo declared the Public Hearing closed. Councilman Clark made a motion, seconded by Vice Mayor Furtado, to place Ordinance 26, 1997, on second reading by title only, and for adoption. The motion was unanimously carried. The Deputy City Clerk read Ordinance 26, 1997, by title only, on second and final reading. RESOLUTIONS Resolution 66, 1997 Marty Minor, Principal Planner, reviewed the petition for an amendment to the site 0 plan for the Westwood Gardens/Westwood Lakes Planned Unit Development located south of Hood Road and east and west of I -95, by modifying the Memorandum To: Chief FitzGerald From: Sergeant Spencer t Subject: Justification for Open/or GIass Elevators and Stairwells Reference City Center Parcel F Amendment (Parking Garage) Date: February 25, 1999 Per your directive and presented for your information, I would like to provide justification for recommending open/or glass elevators and stairwells for the City Center Parcel F (Parking Garage). Because parking facilities comprise a large area with relatively low levels of activity, the potential for criminal activity is more likely to occur. Persons utilizing a parking garage are more isolated than users of an outside parking lot, therefore more vulnerable to potential criminal attack. With these facts in mind, the following suggestion should be strongly considered: If at all possible, elevators and stairwells should be glass backed and located on the perimeter of the parking garage. This will enhance the natural surveillance both from exterior public areas and for the users of the elevators and stairwells. In essence, the . . design shall endeavor to permit any individual in the stairwells, elevators or accomping lobby areas to have clear and obstructed view of their immediate surroundings and to be seen from the outside. For the same reasons, the stairwells should consist of metal handrails versus solid walls. For illustration purposes, I took pictures of the new parking garage used for the new court house in West Palm Beach that depict the suggestions I `ve given the for City Center parking garage. Please refer the photo album. cc Assistant Chief O'Rourke Captain Bunch Angela Csinsi, Planner I 0 .01 Apr -05 -99 13_32 OLIVER GLIDDEN 15616846890 0LIVER • GLIDDEtN & PARTNERS isA RCH ITECTS & PL ANN F.RS, INC', is • 1401 FORUM WAY, surm. IOU WEST PALM REACH, FLORIDA 13401 561 -684 -6841 ,' FAX 561 - 684,6890 April 2, 1999 Kim Glass Principal Planner Planning and Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: City Centre PUD - Amendment Parcel "F" Palm Beach Gardens, Florida Project No. 98197 1:0 OLIVE•R 101IN QLIDDEN DANIEL BROWN KEITH SPINA Dear Kim: Please accept this letter as our request not to postpone the above captioned petition from the April 8th agenda. We wish to proceed with the application to reduce the overall height & density of Parcel 'F'& to request approval for the signs at the top of the building per code. We will submit a revised elevation 'dotting in' the locations. The tenant will not be Northern Trust but our client wishes to maintain the ability to install these signs in this location. Trusting this will be satisfactory for your purposes_ Very truly yours, Anthony E. Oliver Senior Partner cc: Andrew Brock AE O:jmllprajac(W&ccf819 7'qrm 329.1tr members 0 f the amerIca]I ill s t i t u t e 0 f a r c h i t c c t s P.O1 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Look 6-0i, j".W- �`°` oe`ari Meeting Date: June 1, 2000 �c o✓ Date Prepared: May 22, 2000 SUBJECT /AGENDA ITEM: Continued Public Hearing & Second Reading to Reconsider Ordinance 4, 2000, a request for Planned Unit Development (PUD) approval for 90 single - family homes. RECOMMENDATION: Staff recommends that Ordinance 4, 2000 be approved with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management ( ] Approved Finance NA $ ( ] Approved w/ ACM Vft) Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: 2/16/00 [ ] Operating • Ordinance 4, 2000 Paper: [ ]Other • Letter dated 5/19/00 Palm Beach Post • Waiver requests • Letter dated 5/22/00 • Environmental sign -off from Jim Schnelle • FPL letter dated 12/1/99 • Seacoast Utility letter dated 3/13/00 • Memo from City Forester dated 1/11/00 • Crime matrix • Aerial photograph • Location Maps Not Required • Full Size Plans Su', bmd b Yj1eZZt GL n Affected parties ( X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager ( ] Not required c) • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 REQUEST: A request by Urban Design Studio, agent for Forest Lake Associates, L.C., for Planned Unit Development (PUD) approval for a single family custom home development located on a 64.47 -acre parcel at the northwest corner of the intersection of Central Boulevard and Hood Road. Ninety -one (90) single family homes are being proposed, along with a 3,000 square -foot clubhouse. (25 &36-41 S-42E) BACKGROUND: To the north (the proposed Benjamin High School) and south of the site are vacant lands. To the east, across Central Boulevard, is a vacant tract which has a development approval for a 300 -seat church (Gardens Presbyterian Church), and an undeveloped parcel (4.07) from the WCI land sale. To the west are vacant lands and individual single - family homes. The property is owned by Forest Lakes Associates, L.C. The owners are proposing to develop the site as a residential neighborhood with 90 single - family custom homes. It is estimated that the project will have 219 residents. As an amenity to the neighborhood, a 3,000 square -foot clubhouse, pool, and two tennis courts are planned. The proposed development will be built in a single phase. LAND USE & ZONING: The subject site is zoned as a Planned Development Area (PDA), has a future land use designation of Residential — Low Density (RL), and is listed as Residential — Low Density (RL) on the Vision Plan with a mixed overlay /residential (MX). The applicant wishes to rezone the site to Residential — Low Density 3 (RL -3), with a Planned Unit Development (PUD) overlay. For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1. Table 2 examines consistency of the proposed project with the City Code and future land use for the site. CONCURRENCY: The proposed project received concurrency certification on September 7, 1999, which included concurrency for traffic, drainage, solid waste, sewer and water. The traffic concurrency is contingent upon the provision of a left turn lane into the project for north bound traffic, which is indicated on the site plan. 2 �C� • • • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 PROCEDURE: This is a request for approval of a Planned Unit Development (PUD). It is first reviewed by the Development Review Committee (DRC). The DRC forwards comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission makes a recommendation on the proposed request to the City Council. The City Council reviews the requested PUD for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Building Site The building site totals 64.47 acres. The proposed plan will create 90 single - family custom homes, a 3,000 square -foot clubhouse, a pool, and two tennis courts. Site Access The site will be accessed from Central Boulevard. The site will be gated 24 hours a day. Signage Two signs on either side of the ingress /egress for the site are being proposed, along with project identification signs on two of the corners of the site (a total of 4 ground signs). The applicant wants to submit a sign package to the City detailing the signs at a later date, so this approval does not include any signs. Environmental & Buffers The site plan for the proposed project shows that there are 10.4 acres of upland preserve, and 90 -foot parkway buffers along Hood Road and Central Boulevard (separating the site from these roadways). The City's Environmental Consultant has reviewed the upland preserve shown on the site plan, and has determined that the amount and location are acceptable (see attached fax dated January 3, 2000). The applicant is proposing to relocate the gopher tortoises on site in the upland preserve. Prior to the issuance of the first building permit, the applicant must submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Environmental Consultant. Phasing The proposed project will be built in one phase. 3 • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 Waivers The applicant has submitted waiver requests (including justification statements) for individual lot coverage, specialty pavers, 9 -foot wide parking spaces at the recreational facility, an 8 -foot perimeter wall, the lack of required littoral plantings in the lake, and side and rear setbacks that do not meet the minimum amount required (see Table 2). The waiver requests and justification statements are attached to this report. Entrance & Recreation Area The applicant has submitted architectural detail of the entrance to the site (see Guard House Elevations — sheet E1). The applicant wishes to submit at a later date, the architectural detail for the recreation center, the landscaping detail for the entrance, and the landscaping detail for the recreation center. Therefore these items will need to come back to the City later for approval. STAFF COMMENTS: The applicant submitted revised plans and a narrative letter detailing how Staffs original comments and concerns were addressed (see attachment). The Building Division, Northern Palm Beach County Improvement District, and the City's Legal Department voiced no objections to this petition. The following comments from Staff reflect the review of this petition, including the review of the revised plans and narrative. Engineering City Engineer Sean Donahue has no major concerns regarding the project, other than the fact that engineering supports the Land Development Regulation requirements that call for 10 -foot wide parking spaces. The proposed 9 -foot wide parking spaces will require a waiver from the City. Florida Power and Light (FPL) FPL does not agree (see attached letter dated December 1, 1999) with the proposed amount of easement dedicated to them for maintenance along the western boundary of the site (needed to maintain large power lines). This is an issue that the applicant will. have to work out with FPL (see attached comments from City Forester Mark Hendrickson dated December 5, 1999). Seacoast Utility Authority Seacoast's comments have been satisfied. Palm Beach County School District The School District recommends that the subject development post a notice of annual school boundary assignments for students from this development. The School District 4 FORN . City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models with the following information: Notice to Home Buyers/Tenants School age children may not be assigned to the public school closest to their residence. School Board policies regarding overcrowding, racial balance or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434 -8100 for the most current school assignments. The applicant, successors or assigns shall also be required to provide a bus stop pull off (preferably completely out of the right -of -way) or a bus stop turn around in front of any access control points or gated communities. The size and location of all such school bus stops shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall also be required to provide a bus shelter. If the bus pull -off is located within the road right -of -way, the County Engineer must approve it. is The & Zoning Division The Planning and Zoning Division has the following outstanding concerns: • 1. The applicant needs to satisfy all conditions raised by City Forester Mark Hendrickson in his memorandum dated January 11, 2000 (see attached). 2. The applicant needs to submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Environmental Consultant. Fire Assistant Chief /Fire Marshal Scott Fetterman has requested that the security gates be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). Police See attachment. Parks & Recreation Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. South Florida Water Management District (SFWMD) 5 • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 The City's Thoroughfare Plan calls for a road along the northern property line of this parcel. SFWMD initially raised a concern about the location of this road because it will cross a wetland. If the road location had to change, this site plan may have need to be reconfigured and, if the reconfiguration were significant, reapproved. To date, however, there is no problem with the location of the road, as shown on the plans. PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed this petition as a workshop at their December 14, 1999 meeting. The Commission reviewed several issues including Staff's environmental concerns and the FPL right -of -way issue, and stated that the applicant would need to satisfactorily address the concerns and comments made by Staff. The Commission voted to place the petition on the next public hearing agenda. The Planning and Zoning Commission reviewed this petition at a public hearing during their January 11, 2000 meeting. The Commission stated that the applicant would need to revise the site plans to show sequential numbering for all 91 lots on the site (numbered 1 through 91). The Commission also stated that the applicant would need to return to the Planning and Zoning Commission, as well as City Council, for approval of the site plan for the proposed clubhouse, and the landscaping details for the clubhouse and entry into the site. CITY COUNCIL: February 3, 2000 City Council reviewed this petition as a first reading on February 3, 2000. Council stated that they did not want a public hearing held for this petition until a drainage workshop could be held. Council also stated that the applicant would need to address the following concerns prior to being heard at a public hearing: 1. Provision needs to be made for some parking near the bus pull -off so that parents can wait and watch their children at the bus stop until the school bus arrived to pick them up. 2. The lake maintenance easement may need to be commonly owned. The applicant has responded by lengthening the bus pull -off by 100 feet to provide room for approximately 5 cars, as well as the school bus. The applicant is also working to gain permission from the School Board to have students picked up at the community center, which would mean that the applicant would not be required to provide the bus pull -off and shelter outside the site. The applicant has also revised the plans by al • �J ,lam City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 changing the individually owned 32 -foot lake maintenance easement to a 20 -foot easement that is commonly owned. February 97, 2000 A workshop on drainage, lake maintenance easements, and school bus issues was held on February 17, 2000. March 2, 2000 City Council held a public hearing for this petition at their March 2, 2000 meeting where the Council continued their discussion regarding the drainage for this project. The City Engineer suggested a condition of approval, but this condition was not acceptable to the applicant. City Council agreed to continue the public hearing in two weeks, and told the applicant to meet with staff to further discuss the drainage concerns. City Council also raised several other site plan related issues, which the applicant has addressed as noted below. As a result of the March 2, 2000 meeting the applicant submitted new plans that incorporated the following: 1. A note has been added to the Master Plan indicating that ground cover or hedges shall be added where screen enclosures abut the rear set back of the lot. 2. The setback table on the Master Plan has been amended to indicate a 3- foot setback for screen enclosures, instead of 1 foot. 3. The Master Plan has been amended to reflect 40 percent lot coverage for all lots, instead of 45 percent. The applicant is requesting that the original waiver request for lot coverage be amended to reflect this change. 4. A note has been added to Landscape Sections A, C, D, & E regarding the height of supplemental planting. 5. All landscape Sections have been modified to be more specific to plant specifications, including plant materials along the proposed perimeter walls. 6. The typical cul -de -sac plan has been amended to reflect proposed plantings at the terminus of the northern and southern cul -de -sacs. Sheet 2 identifies the plantings located at the ends of the proposed cul -de -sacs. Per requests made by City Council and the applicant, Staff has also made some revisions to the conditions of approval to add more clarification, and added the following new condition: 7 30 City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 Rear elevations of all units located along public rights -of -way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the homes. Staff has also added the City Engineer's drainage condition that states: No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. March 16. 2000 City Council continued the public hearing for this petition to their March 16, 2000 meeting, where Council granted the applicant's request to continue the public hearing to the April 6, 2000 meeting. April 6, 2000 Council granted another continuance of the public hearing until the May 4, 2000 meeting. The applicant requested more time to negotiate the language of the City Engineer's new drainage condition. May 4, 2000 The City Council considered this application as a second reading at its May 4, 2000 meeting. Staff explained to Council that we had had a series of negotiations with the petitioner over the proposed drainage condition, but no compromise had been reached which would satisfy both parties. Therefore, Staff continued to recommend staying with the original drainage condition. After some debate, the City Council expressed general support for Staffs recommendation. Also some Council members felt that the design of the project was unimaginative, and that the requested setbacks were not justified. Based upon the above concerns, the Council voted 3 — 2 to deny the project. May 18, 2000 At the May 18, 2000 City Council meeting the petitioner requested a reconsideration of the denial, offering the following: 1. Complete acceptance of the drainage condition as written by Staff. • 8 31 • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 2. Redesign of the site plan to: a) create two new children's play areas b) add additional landscaping on "side corner" lots c) reduce some setback waiver requests Based upon these commitments, Council voted 5 — 0 to place this item on the June 1, 2000 agenda for reconsideration. The petitioner agreed to re- advertise this matter for that date. The petitioner has resubmitted plans and revised waiver requests that are described in a letter dated May 19, 2000 (see attachment). The revised plans include the loss of one unit, an increase in the side - corner setback, and the addition of a new exhibit entitled, "Conceptual Parks and Landscape Enhancement Plan." The petitioner is also proposing to amend condition 8 of Ordinance 4, 2000, by requiring the petitioner to also submit detailed park site and landscaping plans to the City for review and approval at a latter date. As of the date of this report, City Staff has received no public comment on this project. 0 OUTSTANDING ISSUES: is The issue of the FPL right -of -way /easement along the western boundary of the site has not yet been resolved. RECOMMENDATION: Staff recommends approval of petition PUD -99 -03 with the following conditions and waivers (revisions in bold): Conditions 1. Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Consulting Environmental Consultant. (Planning & Zoning) 2. Prior to the issuance of the 45"' house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including the landscaping and related amenities to City specifications, in road shoulders and median within the right -of -way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) �9 • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99-03 3. Prior to the issuance of the 45tl' house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) 4. Prior to the adjacent lot wall /fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and /or enhancement work shall be completed. (City Forester) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City's legal counsel and the City Forester. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning & Zoning) 6. The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church.- The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) 7. The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) 8. The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, detailed park site and landscaping plans, and the elevations of all signs. This approval shall be done as a miscellaneous petition, and shall not require a public hearing at either the Planning and Zoning Commission level or the City Council level. (Planning & Zoning) 9. Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) 10 33 • City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 10. There shall not be any man -made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. (City Forester) 11. No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves, common area, and off -site landscaping. The amount of said surety bond shall be determined prior to the issuance of the first building permit. (City Forester) 12. Pursuant to Article III, Section 114 -71, entitled "Required Subdivision Improvements ", prior to the issuance of the first building permit, the applicant shall be required to post a bond for the project landscaping /buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum - planting plans for a specific area may be approved. The applicant shall relocate native vegetation from on site and /or install native nursery stock in the north, south and east parkway /preserve areas to screen a minimum of 50% of the eight -foot interior wall around the project. (Planning & 3q Zoning) . 13. Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull -off and shelter completely out of the right -of -way or a bus stop turn around in front of the access control point. The size and location of all such school bus stops shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their busses to enter this community to pick up students at the community center. (Planning & Zoning) 14. The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 15. The HOA shall maintain all lakes on the site. (Planning & Zoning) 16. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 17. Rear elevations of all units located along public rights -of -way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the homes. (Development Compliance) 11 3q City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 18. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 19. The build -out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. (Planning & Zoning) Waivers Based on the applicant's justifications for their waiver requests, Staff also recommends approval of the requested waivers for 40% lot coverage, specialty pavers, 9 -foot wide parking spaces at the recreational facility, an 8 -foot perimeter wall, and side and rear setbacks that do not meet the minimum amount required. Because of the inadequate justification statement and the City's efforts to have littoral zones, Staff is not supporting the petitioner's request for a waiver to littoral planting ilakes larger than 1 acre. In fact, Staff has added the following condition of approval: Condition #20 Prior to issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted within wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. • 12 • • Subject Property Vacant/Undeveloped City Council Meeting Date: June 1, 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 Planned Development Residential — Low Density Area (RL) (PDA) North Planned Development Residential — Low Density Area (RL) Vacant/Undeveloped (PDA) (proposed Benjamin High School) South Vacant/Undeveloped Planned Development Residential — High Density Area (RH) (PDA) 1 11 West Planned Development Residential — Low Density Area (RL) Vacant/Undeveloped Land (PDA) & Single Family Homes East Planned Development Residential — High Density Area (PDA) & Residential (RH) Vacant/Undeveloped Land — High Density (RH) & Gardens Presbyterian Church 13 • • • City Council Meeting Date: June It 2000 Date Prepared: May 22, 2000 Petition PUD -99 -03 Yes Residential — Low Density Planned Unit Development (RL) (PUD) — single - family homes Yes Minimum Building Site 11,250 square feet Area for RL -3: 6,500 square feet Yes Minimum Lot Width for 75 feet RL -3: 65 feet No Maximum Building Lot 40% (waiver) Coverage for RL -3: 35% Yes Maximum Building Height 36 feet Yes No (waiver) No waiver No (waiver) glohn: pud9903.oc6 for RL -3: 36 feet Front Setback for RL -3: 25 feet Side Setback for RL -3: 7.5 feet for 75' wide lots 9 feet for 90' wide lots Side Setback Facing A Street for RL -3: 20 feet Rear Setback for RL -3: 10 feet 14 Front Setback: 25 feet Side Setback: 5 feet Side Setback Facing A Street: 10 feet Rear Setback: 5 feet 31 Ordinance 4, 2000 Date Prepared: May 22, 2000 ORDINANCE 4, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO RESIDENTIAL — LOW DENSITY 3 (RL-3) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT 90 SINGLE - FAMILY HOMES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres of land located at the northwest corner of the intersection of Central Boulevard and Hood Road, to Residential — Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 64.47 -acre site is currently zoned Planned Development Area (PDA); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "San Michele "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. 15 WN Ordinance 4, 2000 Date Prepared: May 22, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 64.47 acres of land owned by Forest Lake Associates, L.C. located at the northwest corner of the intersection of Central Boulevard and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Residential — Low Density (RL -3) with a Planned Unit Development (PUD) overlay, in order to allow the construction of 90 single - family homes. The PUD will be known as "San Michele." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: -311 1. Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City's Consulting Environmental Consultant. (Planning & Zoning) 2. Prior to the issuance of the 45th house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including landscaping and related amenities to City specifications, in the road shoulders and median within the right -of -way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) 3. Prior to the issuance of the 45"' house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) 4. Prior to the adjacent lot wall/fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and /or enhancement work shall be completed. (City Forester) 5. Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City's legal counsel and the City Forester. The open space /landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester prior 16 -311 Ordinance 4, 2000 Date Prepared: May 22, 2000 yo to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning & Zoning) 6. The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) 7. The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) 8. The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, detailed park site and landscaping plans, and the elevations of the all signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings. (Planning & Zoning) 9. Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) 10. There shall not be any man -made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. (City Forester) 11. No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves and off -site landscaping. The amount of said surety bond shall 17 yo • Ordinance 4, 2000 Date Prepared: May 22, 2000 be determined prior to said land clearing. (City Forester) 12. Pursuant to Article III, Section 114 -71, entitled "Required Subdivision Improvements ", prior to the issuance of the first building permit for vertical construction, the applicant shall be required to post a bond for the project landscaping /buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum - planting plans for a specific area may be approved. The applicant shall relocate native vegetation from on site to, and /or install native nursery stock in the north, south and east parkway /preserve areas to screen (at a minimum) 50% of the eight -foot interior wall around the project. (Planning & Zoning) 13. Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull - off and shelter completely out of the right -of -way or a bus stop turn around in front of the access control point. The size and location of the school bus stop shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to pick up students at the community center. (Planning & Zoning) 14. The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 15. The HOA shall maintain all lakes on the site. (Planning & Zoning) 16. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 17. Rear elevations of all units located along public rights -of -way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the . architectural characteristics of the front elevations of the 18 q1 • • Ordinance 4, 2000 Date Prepared: May 22, 2000 homes. (Development Compliance Officer) 18. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 19. The build -out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) 20. Prior to issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted within wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer and Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Maximum building lot coverage — Section 118- 200(e), which allows a maximum building lot coverage of 35 %, to allow for up to 40% building lot coverage. 2. Minimum width for parking spaces — Section 118- 475(a), which requires 10 -foot wide parking, spaces, to allow for 9 -foot wide parking spaces at the recreation facility. 3. Maximum height for walls — Section 118- 279(f)(1) which allows a maximum wall height of 6 feet, to allow for an 8 -foot wall. 4. Minimum side setback facing a street — Section 118- 200(g)(3) which requires a minimum setback of 20 feet for structures facing a street, to allow for a 10 -foot setback. 5. Minimum side setback — Section 118- 200(g)(2) which requires 19 41Z Ordinance 4, 2000 Date Prepared: May 22, 2000 a minimum setback of 7.5 feet for the 75 -foot wide lots on site and 9 feet for the 90 -foot wide lots on the site, to allow for a 5- foot setback. 6. Minimum rear setback — Section 118- 200(g)(4) which requires a minimum setback of 10 feet for all vertical structures, to allow for a 5 -foot setback. 7. Lifta la n one — cf 9 10 �br hJM es ' o pYa ng ' th ak o he it o aldli r at an#i"ngs i he ake on a ite 8. The use of specialty pavers — the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City's regular pavement requirement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -1 (1 sheet total). 2. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -2 (1 sheet total). 3. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -3 (1 sheet total). 4. November 24, 1999 Entrance Landscape Plan, Parker • Yannette Design Group, Sheet L -1 (1 sheet total). 5. May 19, 2000 Recreation Area Landscape Plan, Parker • Yannette Design Group, Sheet L -2 (1 sheet total). 6. October 29, 1999 Plant List, Specifications and Details, Parker • Yannette Design Group, Sheet L -3 (1 sheet total). 7. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-4 (1 sheet total). 8. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L -5 (1 sheet total). 9. October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L -6 (1 sheet total). 10. May 19, 2000 Plant List, Urban Design Studio, (1 sheet total). 11. May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L -7 (1 sheet total). 12. May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L -8 (1 sheet total). 20 H3 Ordinance 4, 2000 Date Prepared: May 22, 2000 13. October 29, 1999 Median Legend & Detail Sheet, Urban Design Studio, Sheet L -9 (1 sheet total). 14. May 19, 2000 Recreation Center Lighting Plan, Urban Design Studio, Sheet L -10 (1 sheet total). 15. November 24, 1999 Entrance Hardscape Plan, Parker • Yannette Design Group, Sheet H -1 (1 sheet total). 16. October 29, 1999 Entrance Hardscape Plan, Parker . Yannette Design Group, Sheet H -2 (1 sheet total). 17. November 23, 1999 Guard House Elevations, Wessel Associates AIA, Sheet Al (1 sheet total). 18. May 19, 2000 Upland Preserve Map, Urban Design Studio, (1 sheet total). 19. February 19, 1999 Boundary and Topographic Survey, Bench Mark Land Surveying & Mapping, Inc., (2 sheets total). 20. March 3, 2000 90' Parkway /Upland Preservation Plan A —A', Urban Design Studio, (1 sheet total). 21. March 3, 2000 90' Parkway /Upland Preservation Section A —A', Urban Design Studio, (1 sheet total). 22. March 3, 2000 8' Buffer Plan with 20' Proposed FPL Easement B -B', Urban Design Studio, (1 sheet total). 23. March 3, 2000 20' Buffer Section B -B', Urban Design Studio, (1 sheet total). 24. March 6, 2000 60' Central Boulevard Buffer Plan C -C', Urban Design Studio, (1 sheet total). 25. March 6, 2000 60' Central Boulevard Buffer Section C -C', Urban Design Studio, (1 sheet total). 26. March 6, 2000 100' Upland Preservation Plan D -D', Urban Design Studio, (1 sheet total). 27. March 6, 2000 100' Upland Preservation Section D -D', Urban Design Studio, (1 sheet total). 28. March 6, 2000 90' Parkway /Upland Preservation Plan E -E', Urban Design Studio, (1 sheet total). 29. March 6, 2000 90' Parkway /Upland Preservation Section E -E', Urban Design Studio, (1 sheet total). 30. March 6, 2000 100' Upland Preservation Plan F -F', Urban Design Studio, (1 sheet total). 31. March 6, 2000 100' Upland Preservation Section F -F', Urban Design Studio, (1 sheet total). 32. March 6, 2000 10' Buffer Plan with 20' FPL Easement G -G', Urban Design Studio, (1 sheet total). 33. March 6, 2000 10' Buffer Section with 20' FPL Easement G -G', Urban Design Studio, (1 sheet total). 21 L L. !l • Ordinance 4, 2000 Date Prepared: May 22, 2000 34. May 19, 2000 Wall and Fence Location Map, Urban Design Studio, (1 sheet total). 35. March 6, 2000 Typical Cul -De -Sac Planting (North End), Urban Design Studio, (1 sheet total). 36. March 6, 2000 Typical Cul -De -Sac Planting (South End), Urban Design Studio, (1 sheet total). 37. March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel 4.08), Kimley -Horn and Associates. 38. May 19, 2000 Conceptual Parks and Landscape Enhancement Plans, (1 sheet total). SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 3' DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS DAY OF 200_. PASSED AND ADOPTED THIS DAY OF 200_ MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO 22 4s • • • ATTEST BY: CAROL GOLD INTERIM CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: pud9903.or6 Ordinance 4, 2000 Date Prepared: May 22, 2000 AYE NAY 23 ABSENT 46 • Ordinance 4, 2000 Date Prepared: May 22, 2000 EXHIBIT "A" LEGAL. DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT- OF�WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00.48'04" WEST, ALONG SAID WEST RIGHT- OF-WAY LINE, A DISTANCE OF 3605.06 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1557.97 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SECTION 36; THENCE, CONTINUE SOUTH 00 °48'04" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 139207 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD; THENCE, NORTH 86 908'02" WEST, ALONG _SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 958.57 FEET TO T INTERSECTION INSECTION THEREOF WITH THE WEST LINE OF SAID SECTION 36; THENCE, NORTH 00 °48'04" EAST, ALONG SAID WEST` LINE OF SECTION 36, A DISTANCE OF 136292 FEETTO THE NORTHWEST CORNER OF SAID SECTION 36; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE, NORTH 01'1T32" EAST, ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 1569.36 FEET, THENCE, SOUTH 89°11'56" FAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE QF 944.95 FEET TO THE POINT OF BEGINNING. 24 H7 May 19, 2000 Mr. James Norquest, AICP Principal Planner Growth Management Department C�, City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: SAN MICHELE PUD PLAN RESUBMITTAL PBG PETITION: PUD -99 -03 UDS REF.: #19014.00 • Dear Mr. Norquest: Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics With City Council's decision last night to reconsider the previous vote for the San Michele PUD application, we are resubmitting the revised development plans for the project. The plans reflect several changes to the site plan. Those changes are: • One lot, located north of the proposed recreation facility, has been eliminated from the Master Site Plan to increase the open play area to the north of the clubhouse by approximately 0.25 acres. • The lots on the Master Site Plan have been renumbered to reflect the change in dwelling units. • The recreation facility area on the Master Site Plan has been revised to reflect the additional area created through the elimination of the subject lot. • The Site Data on the Master Site Plan has been revised to reflect the change in the number of dwelling units from 91 to 90. • The Site Data on the Master Site Plan has been revised to reflect the change in the number of 75'x 150' lots from 50 to 49. • The Site Data on the Master Site Plan has been revised to reflect the change in the gross density of the project from 1.41 units per acre to 1.36 units per acre. • The common lot line between new Lots 48 and 49 has been reconfigured to created an 85 -foot wide corner lot for new Lot 48. • The Site Data on the Master Site Plan has been revised to reflect the change in the amount of provided open space from 73.6% of the site to 74% of the site. • The Site Data on the Master Site Plan has been revised to reflect the change in the amount of open space at the recreation center from 1.0 acre to 1.25 acre. • The Site Data on the Master Site Plan has been revised to reflect the change in the acreage of open space from 47.47 acres to 47.71 acres. 2000 Palm Beach Lakes Boulevard • The Master Site Plan has been revised to reflect the Suite 600 The Concourse West Palm Beach, Florida 33409-658: 561.689.0066 561.689.0551 fax G:\COMMON\Jobs\Frinkcl\NaVicstResubmitO5l9OO.wpd LOC35 Irvine, CA 714.489.81: ffai • Mr. James Norquest San Michele PUD Resubmittal May 19, 2000 Page 2 V, Vg 19 20G4 PLANNING)), ?ON1NG 1.0 acre passive park, located west of the new Lots 88, 89, and 9077Me acreage of this area has been increased from 0.9 acre to 1.0 acre in order to more accurately reflect the entire area available to community use. The Setback Table on the Master Site Plan has been revised to reflect an increase in the side comer setback for pools /spa from 10' to 15'. In addition, the side corner setback for screen enclosures has been increased from 5' to 15' and the side corner setback for decks has increased from 5' to 10'. An additional note has been added to the Setback Table stating, "All corner lots shall provide additional landscaping in the side comer setback in order to screen building improvements, subject to Growth Management Department approval." The revised Setback Table as it appears on the Revised Master Site Plan is as follows: (1) All comer lots shall provide additional landscaping in the side comer setback in order to screen building improvements, subject to Growth Management Department approval. (2) All lots abutting private lakes shall not build within lake maintenance easements. The revised setbacks outlined above will result in a modification to the requested waiver for the side corner setback. The new waiver request would be to allow for the 15 -foot side comer setback for the screen enclosure, while code requires in the RL -3 district is a 20 -foot side comer setback. Please see the attached revised Waiver Request document. A new exhibit entitled, "Conceptual Parks and Landscape Enhancement Plan," is attached for the your review. The exhibit features three illustrations regarding the Cr.\ COMMONVabsTmmkc MaqucaRmdxait051900.wpd LCC35 TN: V � s wA� � 9 W � Building Pools /Spa Screen Enclosure Deck Privacy Wall Front Setback: 25' N/A N/A N/A N/A Front Entry Garage C Front Setback: 25' N/A N/A N/A N/A Side Entry Garage C Side Setback: 7.5' or 10 -A 6' 5' 5' 1' of lot width w W Side Comer 15' 15' 15' 10' 5' Setback:(1) W Rear Setback: (2) 10' 5' W 5' S' it (1) All comer lots shall provide additional landscaping in the side comer setback in order to screen building improvements, subject to Growth Management Department approval. (2) All lots abutting private lakes shall not build within lake maintenance easements. The revised setbacks outlined above will result in a modification to the requested waiver for the side corner setback. The new waiver request would be to allow for the 15 -foot side comer setback for the screen enclosure, while code requires in the RL -3 district is a 20 -foot side comer setback. Please see the attached revised Waiver Request document. A new exhibit entitled, "Conceptual Parks and Landscape Enhancement Plan," is attached for the your review. The exhibit features three illustrations regarding the Cr.\ COMMONVabsTmmkc MaqucaRmdxait051900.wpd LCC35 TN: V � s wA� � 9 W � Mr. James Norquest San Michele PUD Resubmittal l'tIQ� ly 2000 May 19, 2000 RLAN^ti*iG Page 3 >, �o hz, submitted Master Site Plan. The illustrations are:" • Neighborhood Park Plan. This plan provides a conceptual illustration of the proposed neighborhood park within the southern portion of the site. The park will feature a large open play area that is nearly the size of a football field. A meandering walk with special landscaping features and four benches are proposed around the open area of the park. Special park entry features are also proposed at the northwest and southwest entrances to the park. • Community Park The plan illustrates the expansion and enhancement of the community park. Approximately 0.25 acres have been added to the community park on the north side of the recreational facility. This enlarged open space area will feature a tot lot and a pedestrian connection to the northern portion of the San Michele community. The new sidewalk connects the T- tumaround in front of new Lot 5 to the recreation center. An enhanced buffer is also proposed between this new open space and the new Lot 5. - • Typical Single Family Custom Homes /Corner Lot. This plan illustrates the typical layout for the single family custom homes. In addition, it depicts the enhanced landscaping within the side corner setback. • In addition, two notes have been added to this new exhibit. These notes are as follows: 1) Detailed park plans with planting are subject to City Council approval per Condition #8 or Ordinance 4, 2000; 2) All corner lots shall provide additional landscaping in the side corner setback in order to screen building improvements, subject to Growth Management Department approval. We are requesting to amend Condition #8 of Ordinance 4, 2000 in order for the detailed park plans to return to the City for subsequent site plan review. We propose the following revised condition: (new language underlined) "The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, detailed park site and landscaping plans, and the elevations of all signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings." Sheets SP -2, SP -3, L -7 and L -8 have been modified to reflect the changes, detailed above, to the Master Site Plan. Sheets L -2 and L -10 have been modified to reflect the additional open space G:\COMMONUobsT rank [\NorqucstRcsubaut051900.wpd LCC35 Mr. James Norquest San Michele PUD Resubmittal May 19, 2000 Page 4 provided to the north of the recreation facility. • The Landscape Points on the Plant List has been modified to reflect the additional open space provided. The revised plan is providing more than the required landscaping points. • The Upland Preserve Map and Wall and Fence Location Map have been modified to reflect the amended Master Site Plan. During our recent discussions, there has been a question on whether there was landscaping proposed for the Hood Road median. As indicated in the previously- submitted Sheet L-4, five live oak trees are proposed to be planted within the Hood Road median. We hope that this information addresses any outstanding issues regarding this petition. We are looking forward to being placed on the June 1, 2000 City Council meeting for consideration of approval. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studi Henry Skokowski, AICP Principal c: Thomas Frankel Sherry Hyman Harvey Geller G: \coMMONU obs\Frankd\NoVucuResnbmitO5190o .wpd r..cc35 G G 1 ��� • WAIVER REQUESTS AND JUSTIFICATION STATEMENTS FOR FRANKEL PARCEL 4.08 PUD SAN NUCHELE March 8, 2000 Revised April 24, 2000 Revised May 19, 2000 For your review and information are the waiver request: justification statement for the Frankel Parcel 4.08 PUD: Specialty Pavers urban Ee Urban Design _ Urban Planning 7 nd Planning scape Architecture C nication Graphics Otie R� to p 1. We request a waiver from the Subdivision Regulations to allow -=ore of specialty pavers. Specialty pavers allow for a higher quality entry experience and helps delineate the entrance into a neighborhood. Not only are the pavers an attractive amenity to the neighborhood and to the community from the public thoroughfare, but the delineation of an entrance to a neighborhood is consistent with Crime Prevention Through Environment Design (CPTED) techniques, which is supported by the City. Nine -foot wide parldniz spaces (Section 118475(a)) We are requesting a waiver to allow 9 -foot wide parking spaces at the proposed recreation facility. It is our belief that the majority of the residents will walk to the centrally- located recreational facility and the parking spaces will not be in demand. In the past, the City has required the 10 -foot wide spaces for retail establishments where there is an expected loading of goods into automobiles. Similar actions are not anticipated at the proposed recreational facility. Eight -foot perimeter wall (Section 118 -279 (f)(1)) We are requesting a waiver to allow for a 8 -foot wall. It should be noted that the proposed wall will be six feet in height from the adjacent lot because of the proposed grade change. This allows for the security that is demanded in the marketplace for high -end communities. In order not to change the grade of the proposed preserve areas, the proposed wall will appear as eight -feet from the perimeter of the site. However, it is not anticipated that the wall will be seen from the public rights -of way because of the proposed 100 -foot preserve area adjacent to the location of the proposed wall. We hereby request a waiver for the reasons identified above. Side corner setback (Section 118 -200 (g)(3)) We are proposing 15 -foot side corner setbacks for homes and screen 2000 Palm Beach Lakes Boulevard enclosures on individual lots. The zoning designation being used for suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA �4489.813 comparison purposes is RL -3 which has a 20 -foot side comer setback requirement. This situation occurs on 12 of the proposed 91 single family lots. The proposed 15 -foot side street setback provides for more than sufficient area for buffering and landscaping in the side yard and is consistent with other planned communities within the City. Additional side yard landscaping are proposed for these corner lots. Setback regulations are established to provide for the separation of structures for health and safety concerns, to allow for light and air to flow into structures and to provide sufficient open space for a community. The requested waivers to allow for a 15 -foot side corner setback for building and for screen enclosures provide for the sufficient separation of structures and allows light and air into homes. It should also be noted that the subject project is proposing 74% open space on site, which is in excess of the required 40 %. Side setback (Section 118 -200 (Ly)(2) We are requesting a 5 -foot side setback for screen enclosures. The zoning designation being used for comparison purposes is RL -3 which has a 7.5 -foot or 10 percent of the lot width side setback requirement. This standard setback is being proposed for the building walls of the single family homes. Because of the proposed 90 -wide lot, which is 25 feet wider than the minium lot width allowed in the RL -3 district, the setback requirement is 9 feet. We are requesting a waiver of 4 feet to allow for the 5 -foot setback for screen enclosures. For the 70- foot wide lots, the minimum setback is 7 feet. For the 70 -foot lots, we are requesting a 2 foot waiver for screen enclosures. The proposed side setback provides fora minimum 10 foot separation for screen enclosures, which meets the 10 -foot standard established for the Fire Department. This provides for sufficient area for landscaping and the provision of light and air. As indicated above, the San Michele is proposing 74% open space in the community. Forty percent open space is required for residential PUDs. Rear setback (Section 118 -200 (a)(4)) We are requesting a 5- foot-rear setback for screen enclosures. The zoning designation being used for comparison purposes is RL -3 which has a 10 -foot rear setback requirement. It should be noted that the proposed rear building setback is 10 feet, which is in conformance with the RL -3 standards. Setback regulations are established to provide for the separation of structures for health and safety concerns, to allow for light and air to flow into structures and to provide sufficient open space for a community. This is not a concern with the screen enclosure as light and air will travel through the screen enclosure. It should also be noted that the subject project is proposing 74% open space on site, which is in excess of the required 40 %. Littoral Planting zones (Section 98 -106) The South Florida Water Management District discourages littoral planting in l-4ke rf there is a possibility of water level fluctuations. Because of this, we are reque t from this littoral planting requirement. 5.3 0 Lot Covera,e We are proposing a 40 % lot coverage on all of the proposed 91 lots. The zoning designation being used for comparison purposes is RL -3, which has a 35% maximum lot coverage standard. The proposed 40% maximum lot coverage is consistent with the lot coverage standards for other high -end residential projects. For example, many of the recent approvals for individual parcels within the BallenIsles PCD has lot coverage standards of 40 to 45 %. BallenIsles Parcel 6A and Parcel 7 have a maximum lot coverage of 45 %. BallenIsles Parcel 24 has a maximum lot coverage of 43 %. Parcel 14 has a lot coverage of 60 %. BallenIsles Parcels 8a, 8b, and 10 have a 40% lot coverage. It is generally acceptable to have higher lot coverage standards because additional open space are provided through the PUD and PCD regulations. The San Michele PUD is proposing 74% open space for the site. Code requires 40% for the PUD. For these reasons, we are requesting a waiver to allow for a 40% lot coverage. • G• 1y • 54 FILE No.752 0522 '00 14:57 ID :LRBM DESIGN STUDIO FAX :5616890551 PAGE 2i 3 • May 22, 2000 Mr. James Norquest, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: SAN MICHELE PUD PLAN RESU13MITTAL PBC PETITION: PUD -99-03 UDS REF.: #19014.00 Dear Mr. Norquest: u Urban pesign Urban Planning Land Planning Landscape Architecture Communication Graphics I would like to thank you and your staff for all your assistance regarding the City Council's reconsideration of the San Michele PUD application. You and your staff have provided many hours of service with regard to the processing of this petition. • As I stated during the May 18, 2000 City Council meeting, we are proposing several substantial changes to the San Michele PUD application. These changes were identified in the May 19, 2000 resubmittal of development plans to the City. These application amendments include: We unequivocally agree to Staff Condition #18 of draft Ordinance 4, 2000. Condition #18 is the condition of approval regarding the completion of the revised Surface Water Management system for Unit 2. We agree to this condition of approval and commit to working with all the interested parties in bringing about a Unit 2 water management plan. We have substantially upgraded the two park areas to better serve the future families living in the community. The recreation facility/community center in the norther portion of the community has boon increased in size by 0.25 acres. Within this enlarged open space area, a tot lot and a pedestrian connection to the northern portion of the San Michele community are provided Within the 1 -acre passive park in the southern portion of the San Michele community, a large open play area that will be sodded and irrigated and will allow for a variety of family - oriented activities will be featured. A meandering walk, special landscaping features, and four benches are also proposed around the park. We are also requesting an amendment to Condition #8, which would require the detailed site and landscaping plans for both park areas to return to the City for subsequent review as part of the recreation center processing. 2000 Palm Beach takes Boulevard Suit* 600 The Concourse West Palm Beach, Florida 53409.6582 669.669.0066 561.689.0551 tax G:K'AMMONVabiTra"Mooq "Ur o5ZM.wpd Irvine. CA 714.489.6131 J�� FILE No.752 0522 100 14:57 ID:URBAN DESIGN STUDIO FAX:5616890551 PAGE 3i 3 is Mr. James Norquest San Michele PUD May 22, 2000 Page 2 We have made qualitative upgrades to the PUD development plans. In addition to the improvements to the parks listed above, the overall density of the project has been reduced from 1.41 du/ac to 1.36 du/ac through the elimination of one building lot. We are now proposing 90 single family custom homes within the San Michele PUD. Also, the setback table on the site plan has been revised to indicate the increase of the side corner setbacks for screen enclosures from 5' to 15', for decks from 5' to 10' and for pools /spa from 10' to 15'. As we have increased the potential side comer yard area, we are also committed to enhancing the side corner yard landscaping in order to screen building improvements. A note on the site plan commits the applicant to this requirement. The amended application also provides the City with additional review opportunities as the development of this site continues. The site plan and building elevation for the proposed clubhouse, park plans and landscaping and sign elevations within the San Michele PUD will have to return to the City for review. In addition, we are proposing that the enhanced side corner yard landscaping be reviewed and approved by the Growth Management Department. 1 hope this clarifies the improvements we have made to the San Michele PUD application. 1 hope we can continue to work together to resolve any outstanding issues prior to the June 1, 2000 City Council meeting. Please feel free to contact me as soon as possible regarding any issue or concern about this petition. Thank you once again for your assostdiee in this matter. Sincerely, Urban Design Henry Skoko ski, AICP Principal c: Roxanne Manning John Lindgren Thomas Frankel Harvey Geller Lauren Furtado G. ICDMA( ONUob��FankelWcYgwe +cUr.452200.wpd S!o 01/03/2600 13.31 56162 ?7 31 /5CF4VELLF -WAI r ua JAMES F. SCNNELM J !P.E M '75 -1014 � Eavfroam*ntst Msn*gement & Engine*, 6259 N. Militaryry Trail Suite 6 PALM BEACH GARDENS, FLORMA 33410 OAr£ Jam aiy 3.1999 _ 110 (561) 622.5549 FAX (561) 622.7631 SWJECr _, San Michele Environmental Mr. Jchn Lindgi en • Planner City of Palm Peach Gardens Dear John. I. We have reviewed the Urban Design. Narrative response contained in your tra=dttal this day and hereby sign -off on this project as described and detailed in said narrative. Ragards and best wishes Ior a Happy & Prospervu; New Year( C3 PLEASE REPLY ® NO REPLYMCMARY -57 4196 OFPL December 1, 1999 florid& Power & Ught Company, P. 0. Box 16000, .runo Beach, FL 33408-0420 Mr. Jim Norquest Principal Planner City of Palm Beach Gardens 11560 North Military Trail Palm Beach Gardens, Florida 33410 RE: San Michele Development North of Hood Road Dear Mr. Norquest: • 1 learned today from Mark Hendrickson of your office that the site plan for the subject development has been re- submitted for approval by the City. Although I do not have a copy of said plan, it has been described to me. Based on that description, Florida Power & Light Company does not agree with the service area shown to safely and adequately operate and maintain its transmission and distribution facilities. If you have any questions, please do not hesitate to call me at 691 -2126. Your cooperation is appreciated. Sincerely, Ji Weeks Corporate Real Estate cc: John Wle, Esquire �o A as FPL Group company 61 EXEC(MVE OFFICE • Seacoast Utility Authority March 13, 2000 (, v Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 VIA FAX: 799 -4281 Mr. John C. Lindgren II City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: San Michele - Frankel Dear Mr. Lindgren: We have no comments on your transmittal dated March 9, 2000 concerning the referenced project. Once detailed water and sewer plans are available we will be able to provide additional input on this project. Note that we are not able to comment on the conceptual landscape plans until detailed water and sewer plans are available. Please call if you require additional information. Sincerely, SEACOAST AUTHORITY Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance S. Sena 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 -59 Memo To File From: Mark Hendrickson, City Forester Inn Subject: PUD- 99 -03, Frankel Parcel 4.08 San Michele PUD Date: January 11, 2000 I have reviewed the application submitted December 22, 1999. The following are my comments and recommendations for the January 11, 2000 P &Z Commission meeting: Please note that changes have occurred to the previously submitted conditions. These changes are underlined and in bold print. There continues to be some minor discrepancies between the narratives for the parkway/ preserve and the cross - section exhibits. Therefore, I recommend the following condition: There shall not be any man-made berming or non - native vegetation within the perimeter open spaces /parkway areas that are platted as preserves. • Due to the extremely close acreage estimates for the required and proposed upland preserve, and the unresolved FP &L easement issue, I recommend the project's plat be iapproved by City Council prior to any land clearing. I have experienced in similar projects how the conceptual nature of the site plan and the location of the utilities have changed prior to construction. The plat is the best way to define the boundaries needed for clearing. Therefore, I recommend the following condition: No land clearing, other than exotic invasive vegetation, shall occur until the bond or surety has been posted for this project. Due to the conceptual nature of the landscape plan exhibits "A -A" through 'G-G", I recommend the following condition: Pursuant to Article III, Section 114 -71, entitled Required subdivision improvements, prior to the issuance of the building permit, the petitioner shall be required to post a bond for the project landscaping/buffer and entry feature. In order to arrive at the cost estimate for a bond, detailed landscape plans need to be completed, reviewed and approved by the City staff, including the City's Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum planting plans per a specific area may be approved. The installation of the buffers should be conditioned as follows: 1. Prior to the issuance of the 451 house building pen -nit, the Parkway System, including the median, shall be completed along Hood Road and Central Boulevard, except for that portion of Central Boulevard required by Gardens Presbyterian Church to install. .1 2. Along the northern and western boundaries all landscaping or preserve restoration exotic plant removal and /or enhancement work shall be completed within preserves and buffers prior to the adjacent lot wall/fence being installed or constructed. 3. The Clubhouse and pool recreation area shall be completed prior to the issuance of the 45' house building permit. I recommend that the petitioner's restriction that " all lots abutting private lakes shall not build within lake maintenance easements" include all types of fencing or walls. The condition shall read as follows: The project's plat shall include restrictions in the lake maintenance easements (L.M.E.) which prohibit structures, walls and fencing, but allow landscaping as permitted by the POA, as long as there is at least 12' of unobstructed passage through the landscaping around the entire lake. I recommend the following condition for the public roadway landscape maintenance: The Homeowners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Military Trail and the future road along the northern boundary, in perpetuity. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. 6,49 • PALM BEACH GARDENS POLICE CRIME PREVENTION MATRIX CHART • PROJECT NAME: PUD -99 -03 Parcel 4.08 (Frankel) REVIEWED BY: Officer E. Lovejoy DATE: 10 -12 -99 Problems /Concerns Needs /Suggestions Solutions Lighting locations should Make sure lighting does not Good lighting serves as an not conflict with conflict with landscaping, excellent deterrent to landscaping (to include long especially long term tree potential criminal activity. term tree canopy growth). canopy growth. Will also provide visibility for officers patrolling the area on the night shift. Lighting information for Provide lighting Provide lighting common areas not provided. information. information. Residential design Provide design guidelines. Provide design guidelines. guidelines not provided (porch, garage, etc. details). Restricted access into pool Provide restricted access Restricted access of pool area at clubhouse not into pool area (IE: key area helps to prevent indicated control, security pad). unauthorized use of pool, cuts down on potential vandalism and provides greater security and protection to pool users, especially children. Details of residential Provide visible numbering Visible numbering system number system not system which is easy to will assist emergency provided. read and not obstructed. services and others locate residences in a timely and efficient manner. Define purpose of gates and how they are to be secured. Residential security areas of Miscellaneous: Adopting these security potential concern. If garage has a window, measures will help to target it should be connected harden residences for better to alarm system. security. Page 1 of 2 • b3 • The inside garage door leading into residence should be a solid core door and equipped with single cylinder dead bolt - lock. • All alarm panels should be kept out of view from windows. • If front door has a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. • If front door has zero visibility to front entry way areas equip it with an 180 degree peephole. • Equip all exterior doors with security hinges. • Entry doors to open outward versus inward. • Run telephone lines underground with box hook-up on inside of garage versus the exterior of the garage where telephone line can be cut making alarm inoperable. • Equip all sides of home, to include rear porch area, with electrical outlets to give homeowner the option to install motion sensor security lighting that automatically turns on by approaching intruders or other unwanted guests. Page 2 of 2 b3 n � 7'd 6 A�o ViAl NOS- .%0.4 As "- -1 v tt� �. lo i� 0 a N h O 0 0 O N O r r- Wm U V% O W CL ca ■ L O = LL Q Cl) CU � V 'a J LL- V � (j) M _ ■ ■■ cu cc IL 0 co S �da0 LL- Y = O _c a V ■ c cc c m o o rn °- 4D LL F- cis 0 a N h O 0 0 O N O r r- Wm U V% O W CL ca ■ L O = LL Q Cl) CU � V 'a J LL- V � (j) M _ ■ ■■ cu cc IL 0 N iYf11N 3 • • a C2 1 ..a a IL fLi zo z N g Q) cnx iCA 'O -0 s LL Z Z c€ cc m am CL o s -43 0 =o �c F CL CL ©o C: �r1l � O O cV v1 O O o N O N 0 Cf)o M L _O L.L U) �. L CD U L • M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Carol Gold, City Clerk cc: Nabar E. Martinez, City Managerp'l. Roxanne Manning, Growth Management Director Paul Friedman, Code Enforcement Administrator From: Leonard G. Rubin, City Attorne d Subject: Revised Ordinance 12, 2000 File No: 319.058 Date: May 9, 2000 J>bW� so Attached please find a revised version of Ordinance 12, 2000 for consideration by the City Council on second and final reading. This version of the ordinance incorporates statutory changes enacted during the most recent legislative session, which ended last week. Specifically, Section 2 -238 has been amended to provide that the Special Master may authorize the City Attorney to sue to recover a money judgment for the amount of any outstanding code enforcement lien, plus accrued interest. That section has further been modified to reflect that a money judgment cannot be recovered against homestead property and may only be sought for fines levied after October 1, 2000. This reference to a suit to recover a money judgment was also incorporated into Section 2 -239. Because these changes are relatively minor, and because they do not change the title of the ordinance, it is not necessary to rehear this matter on first reading. However, the City Council should be made aware of the changes prior to voting. Should you have any questions relative to the foregoing, please do not hesitate to contact me. PACPWin \History\000417A \443.1 E5(scw)(319.058) l� 7 0. ORDINANCE 12, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED "ADMINISTRATION," ARTICLE IV ENTITLED "CODE ENFORCEMENT," BY PROVIDING FOR CODE ENFORCEMENT PROCEEDINGS TO BE CONDUCTED BY A SPECIAL MASTER; REPEALING SECTION 2 -186 ENTITLED "DEFINITIONS;" AMENDING SECTION 2 -187 ENTITLED "DECLARATION OF LEGISLATIVE INTENT;" AMENDING SECTION 2 -187 ENTITLED "JURISDICTION;" REPEALING DIVISION 2 OF ARTICLE IV ENTITLED "CODE ENFORCEMENT BOARD" AND REPLACING IT WITH A NEW DIVISION 2 ENTITLED "SPECIAL MASTER;" AMENDING DIVISION 3 OF ARTICLE IV ENTITLED "PROCEDURE FOR ENFORCEMENT OF THE CODE ENFORCEMENT BOARD;" ADDING SECTION 2 -242 ENTITLED "PROCEDURE FOR REDUCTION OF FINES AND LIENS;" AMENDING SECTION 2 -261 ENTITLED "ISSUANCE OF CITATION;" PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article IV of Chapter 2 of the City's Code of Ordinances provides for a code enforcement board, organized and existing pursuant to Chapter 162, Florida Statutes, to hear and decide violations of the codes and ordinance of the City of Palm Beach Gardens; WHEREAS, Section 162.03(1), Florida Statutes, provides that a municipality may abolish, by ordinance, its code enforcement board; WHEREAS, Section 162.03(2), Florida Statutes, authorizes a municipality to adopt, by ordinance, a code enforcement system which gives special masters the authority to hold hearings and assess fines against violators of municipal codes and ordinances; and WHEREAS, the City Council of the City of Palm Beach Gardens has determined it to be in the best interest of the City to abolish the Code Enforcement Board and appoint a special master to preside over code enforcement proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Section 2 -186 of the City's Code of Ordinance entitled "Definitions" is hereby repealed in its entirety, it being the intent of the City to defer to state statutes for definitions, when necessary. Section 2. Section 2 -187 of the City's Code of Ordinances is hereby amended to read as follows: M • • • Ordinance 12, 2000 Page 2 Sec. 2 -187. 'Intent. 162-.022-,41t is the intent of this division article to promote, protect, and improve the health, safety, and welfare of the citizens of the city by authorizing the creation of administrative boa and creating the position of special master for code enforcement proceedings with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances in force in the city where a pending or repeat violation continues to exist. This artiele is adopted pursuant to the I IUMLS, powers, and duties set f6rth On F.S. eh. -62. Section 3. Section 2 -188 of the City's Code of Ordinances is hereby amended to read as follows: Sec. 2-188. Jurisdiction. (a) The eode enf6reernent bo special master shall have the jurisdiction and authorityto hearand decide alleged violations of the codes and ordinances enacted bythe exist. city, where a pending or repeated violation eontinues to cases involving alleqed violations of: M any codes, ordinances or resolutions of the cites any condition of any development order or any final action of the site plan and appearance review committee, board of zoning appeals or the planning and zoning commission, or any statute, code, rule or regulation incorporated into the city's code of ordinance by reference. (b) The enforcement board shall hear and decide violations of any eondition of any development order of the city councilor final action of the site plan and appearance revi eommittee and any other similar type of e0des which may be adopted by the CILY III LI IV future which regulates aesthetics, construction, safety, use of property, or location of a" strueture on real property On the Those code enforcement cases which are pending before the code enforcement board as of the effective date of this ordinance as evidenced by a notice of violation having been issued or the matter having been set for hearing. shall be heard by the special master. (c) The authority granted herein is not exclusive and shall not prohibit the city from enforcing its codes by other legal means. Section 4. Division 2 of Chapter 2 of the City's Code of Ordinances entitled "Code Enforcement Board" is hereby repealed in its entirety and replaced with the following: a . Ordinance 12, 2000 Page 3 DIVISION 2. SPECIAL MASTER Sec. 2 -211. Appointment: term, compensation. (a) The special master shall be appointed by a majority vote of the city council. The city council may appoint one 1) or more alternate special masters. (b) The special master shall be appointed for a term of three (3) years. A special master may be reappointed upon approval of the City Council. In the event of a vacancy by the special master, the city council shall appoint a replacement for the remainder of the unexpired term. (c) The special master shall serve with compensation in an amount to be established by the city council. (d ) The special master shall serve at the pleasure of the city council and may be suspended or removed by a majority vote of the city council. Sec. 2-212. Qualifications. The special master shall be an attorney and a member in good standing of the Florida Bar for a minimum of five (5) years. Sec. 2 -213. Authority of special master. (a) The special master shall have the authority to: ( Subpoena alleged violators and witnesses to appear at code enforcement hearings. Subpoenas may be served by the city's police department or as otherwise authorized by law. 0 Subpoena evidence to code enforcement hearings. (3) Take testimony under oath. (4� Issue orders having the full force and effect of law to command whatever steps are necessary to bring a violation into compliance. (5� Assess fines and impose liens on real and personal property pursuant to Chapter 162, Florida Statutes. • (b) The special master shall be bound by the Code of Judicial Conduct as amended from time to time. 70 0 Ordinance 12, 2000 Page 4 (c) The special master may adopt additional rules and regulations not inconsistent with the provisions of Chapter 162, Florida Statutes, subject to approval by the city council. Sec. 2 -214 -- 2 -230 Reserved. Section 5. Division 3 of Chapter 2 of the City's Code of Ordinances is hereby amended to read as follows: DIVISION "PRE)GEDURES FeR ENFORCEMENT BY CODE •- OAR PROCEDURES Sec. 2 -231. Initiation. (a) An alleged violation of any of those codes or ordinances of the cit code, ordinance, resolution or formal action, as described herein, may be filed with the code enforcement division by citizens or those administrative officials who have the responsibility of enforcing the VaFiOdS codes or ordinances in foree in the cit such codes, ordinances, resolutions or formal actions. (b) It shall be the duty of the code inspector to initiate enforcement proceedings_ of the varictis codes. No mernber of code enforeernent board sh The special master shall not have the power to initiate such enforcement proceedings. Sec. 2 -232. Notice of violation. (a) Except as provided in subsections (c) and (d) of this section, if a violation of the codes as set forth herein is found, the code inspector shall notify the alleged violator and provide a reasonable time to correct the violation. (b) Should the violation continue beyond the time specified for correction, the code inspector shall notify the enf6reern nt board special master and request a hearing. The mde nf6reern nt board and special master, through its gity clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided section 2 herein to the violator. At the option of the special master, notice may additionally be served by publication or posting as provided in section 242 herein. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the eode enforcement bo special master even if the violation has been corrected prior to the hearing, and the notice shall so state. (c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the special master and request a hearing. The eode enforcement bo special master, through its 11 0 Ordinance 12, 2000 Page 5 gLty clerical staff, shall schedule a hearing and shall provide notice as provided herein. The case may be presented to the enf6reement board special master even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. (d) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board special master and request a hearing. Sec. 2 -233. Procedure Conduct of hearing. U Upon request of the code inspector, or at such other times as may be necessary, the chair of the code enforcement bo special master may call a hearing. Minutes shall be kept of all hearings by the " nfo e"'" ent boar"' city staff, and all hearings and proceedings shall be open to the public. The city shall provide clerical and administrative personnel as may be reasonably required by the eMbreement board special master for the proper performance of its his or her duties. (b) Each case shall be presented by the city attorney, the city's code inspector or code inspector's designee. (c) The special master shall take testimony under oath and all testimony shall be recorded. Formal rules of evidence shall not apply: however, fundamental due process shall be observed and shall govern the proceedings. (d) The special master, the city attorney, the code inspector, the alleged violator and counsel for the alleged violator, may inquire of, or question, any witness testifying before the special master. e) The special master may exclude evidence which is determined by the special master to be irrelevant, immaterial or unduly repetitious. All other evidence of a type commonly relied upon by reasonably prudent persons shall be admissible, whether or not such evidence would be admissible in a court of law. Anv part of the evidence may be received in written form. (D The special master may, for good cause shown, postpone or continue a hearing. (g) At any time prior to a case being heard by the special master, an alleged violator may enter into a stipulation with the City agreeing to any matter, including but not limited to, the following: ( That the alleged violator has, in fact, committed a violation or that a violation has occurred on the property at issue. 7a . Ordinance 12, 2000 Page 6 That the violation shall be corrected on or before a specific date, subject to approval by the special master. That the alleged violator will be fined for each day past the date set for compliance. The stipulation may be verbal or in writing. The stipulation shall be read into the record by the city attorney or code inspector, and the special master shall issue an order in the form described hereinafter reflecting the terms of the stipulation. Sec. 2 -234. Burden of proof. At a code enforcement hearing provided fbr by this div conducted pursuant to this article, the burden of proof shall be upon the eod, inspeetof gLty to show by a preponderance of the evidence that a violation of the city codes does exist. Where proper notice of the hearing has been provided to the alleged violator, as provided for herein, a hearing may proceed even in the absence of the alleged violator. Sec. 2 -235. Recovery of costs. • If the city prevails in prosecuting a case before the code enforcement board unde YP P 9 this d*visiarr sr)ecial master, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized Under section 2-239 herein. N ON- � i - • - - - - i - i - - - - - - - - - i • _ i • 73 __ _: ___ T • • : i i • i i i • - � _ _ _ _ _ � _ � _ _ _ i • . • _ _ _ _ � . � _ Now-W-61— ' -i-i i i - i 'i i ii i' _G - -i i PqFM i- i- - PVTNIM i_ i' i•__ i_ _ i- iii i ' i" i -_ � i - • - - - - i - i - - - - - - - - - i • _ i • 73 Ordinance 12, 2000 .•- whether or not such evidence wotild be admissible in a trial in state eourts. Any raft-of-the consult the code enforeerment board attorney at any tirme regarding the adnissri� Sec. 2 -237-6. Findings; order. (a) At the conclusion of the hearing, the code enforcement bo special master shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. (b) The code enforCerrient bo special master's decision shall then be transmitted to the respondent violator in the form of a written order including finding of facts and conclusions of law consistent with the record. The order shall be transmitted by certified mail to the respondent violator within ten days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2 -2387, the cost of repairs may be included along with the fine if the order is not complied with by such date. (c) A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator, and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enfofeement board special master shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 2 -2387. Administrative fines. (a) Whenever the code eMbreement bo special master's order has not been complied with by the time set for compliance, or if the same violation has been repeated by the same violator, the special master may order the violator to pay a fine not to exceed $250.00 for each day thereafter during which each violation continues past the date set for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, the order may include all costs of repair pursuant to section 2 -237-6. However, if the code enforeernent boafd special master finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation. (b) In determining the amount of a fine, the code enf6reement bo special master may consider the following factors: 7�1 • Ordinance 12, 2000 Page 8 (1) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. The eode enforcement bo special master may consider any other factors pertaining to the violator or violation which it he or she deems relevant and shall not be limited to the above recited factors. (c) The code enf6reernent bo special master may reduce a fine imposed pursuant to this section. (d) In addition, if the violation is a violation described in section 2- 232(d), the eede enforeernent board special master shall notify the city council, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the code enforcement bo special master finds a violation to be irreparable or irreversible in nature, it he or she may order the violator to pay a fine as specified in this section. Sec. 2 -2398. Lien established. (a) The director of planning and zoning code inspector or the director's inspector's designee, may record a certified copy of an order imposing a fine in the public records in the office of the clerk of the circuit court in the county, for the city. Once recorded, the certified copy of an order shall constitute a lien against the land on which the violation exists, or if the violator does not own the land, and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may shall be eflfereed enforceable in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this division shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city council may execute a satisfaction or release of lien entered pursuant to this section. (b) After three months from the filing of any such lien which remains unpaid, the enforeernent board special master may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property which 75_ Ordinance 12, 2000 • Page 9 is a homestead under section 4, Art. X of the state constitution. The money judgment provisions of this section shall not apply to real or personal property which is covered under Via), Art. X of the state constitution. Actions for money judgments may be pursued only on fines levied after October 1, 2000. (c) Such lien shall be superior to all other liens, except liens for taxes, and shall bear interest at the rate of ten percent per annum from the date recorded. Sec. 2- 24039. Duration of lien. No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the liert pursuant to section 2- 238(b) is commenced in a court of competent jurisdiction. In an action to foreclose on alien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The city council shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of [is pendens is recorded. SSec. 2-244-0. Appeal. Any aggrieved party, including the city, may appeal a final administrative order of the eede enforcement bo special master to the county circuit court. Such an appeal shall not be a hearing de novo, but shall be a petition for writ of certiorari limited to appellate review of the record created before the board. An appeal shall be considered timely if it was filed within 30 days after the hearing at which the order was orally pronotineed by the board of the entry of a written order. The timely filing of an appeal shall not stay the accrual of any fines ordered to be paid pursuant to section 2 -2387. The city clerk may assess a reasonable charge for the preparation of the record to be paid by the petitioner in accordance with F.S. § 119.07. Sec. 2 -2421. Service of notices. (a) All notices required by this division shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city council; of by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or in the case of commercial Dremises. by leaving the notice with the manager or other person W6.11; ;rte' - - - - - -: -: 76 0 Ordinance 12, 2000 Page 10 certified mail letter, or where a code inspector, under oath, testifies that he or 81he udid Tarru deliver the notice to the alleged violator or an adtilt resident or ernployee of the busine address or househoW. If such notice is sent by certified mail to the owner of the proppay in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subsection (b)(2) below and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming first class mailing. (b) In addition to providing notice as set forth in subsection (a) of this section, at the option of the code enforeernent b special master, notice may also be served by publication or posting, as follows: (1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of a general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. (2) In lieu of publication as described in subsection (b)(1) of this section, such notice may be posted fer at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, at the primary municipal government office. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this section. (d) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsection (b) of this section, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the alleged violator actually received such notice. (e) This section shall not apply to notices of special meetings. (f) Notices shall contain at a minimum, the date, and time of the scheduled meeting of the code enforeernent bo special master during which time the alleged violator is required to appear; the name and address of the alleged violator, the address or legal 77 0 Ordinance 12, 2000 Page 11 description of the property wherein the alleged violations have occurred; and those codes or provisions of a code for which the alleged violator has been cited. Sec. 2 -242. Procedure for reduction of fines and liens. (a) The owner of real property against which _a fine or lien has been imposed may apply in writing to the special master for a reduction of fine or satisfaction of lien with less than full payment thereof. (b) The special master shall not consider any such application for a reduction of fine or lien unless the applicant demonstrates that: W All ad valorem property taxes, special assessments, city utility charges and other govern me nt- imposed liens against the subject real property have been paid; (2� The applicant is not personally indebted to the City of Palm Beach Gardens for any reason; and (3) No city code violations exist on the property at the time of such application. (c) The special master may reduce a fine or lien provided good cause is shown for such reduction. The balance of any fine or lien that is reduced by the special master shall be paid on such terms as approved by the special master. An order entered pursuant to this section shall not constitute a final administrative order for purposes of appeal; the special master's decision on an application to reduce a fine or lien is final. (.d) If the property for which an application for a fine reduction is being considered is owned by a government or quasi - government entity, the special master may reduce such fine even if the violation has not been corrected. Secs. 2- 242 - -2 -260. Reserved. Section 6. Section 2 -261 of the City's code of ordinances is hereby amended to read as follows: In lieu of and as an alternative to the procedure before the code enforcement board special master, a code inspector is authorized to issue a citation to a person when based upon personal investigation, the inspector has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. 1 • Ordinance 12, 2000 Page 12 Section 7. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 8. 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 9. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. Section 10. The provisions of this ordinance shall take effect upon appointment of a special master by the City Council. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF . PASSED AND ADOPTED THIS DAY OF SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTESTED BY: CITY CLERK • 2000. 2000. COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 7� • VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK PACPWin \HIST0RY\000417A \43F.1 F(319.053) • • Ordinance 12, 2000 Page 13 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared:_May 3, 2000_ Meeting Date: May 18, 2000_ Subject/Agenda Item: Approve Resolution 40, 2000 authorizing the Mayor to sign an amendment to the interlocal agreement with Palm Beach County for the North County district park site, which extends the lease agreement from 50 years to 75 years. Recommendation /Motion: Consider a motion to approve Resolution 40, 2000 Reviewed by: Originating Dept: Costs: $_n /a Total Council Action: City Attorney Parks and Recreation [ ] Approved Finance $ n/a [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ ] Other 1. Memo from Parks and Recreation Director [X ] Not Required 2. Copy of Amendment Submitted by: Sue Miller Department Directo Affected parties ( ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ ] Not required ma CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: May 4, 2000 APPROVED: Nabar Martinez, City Managerfill FROM: Sue Miller, Director, Parks and Recreatio SUBJECT: Lease extension for District park ' # 1Xl1 At the April 17th City Council meeting, the Council agreed to sign an interlocal agreement with Palm Beach County providing for the County's acquisition of land and its lease to the City of Palm Beach Gardens for recreational and cultural purposes that are open to and benefit all residents of the County. Exhibit E of the interlocal agreement provides for the County's lease of the property to the City for a term of 50 years. During discussion of the signing of the lease, it was requested that staff seek to increase the length of the lease. DISCUSSION: Staff has contacted the county requesting an increase in the length of the lease and the County has agreed, by virtue of this amendment, to extend the lease from 50 years to 75 years, with all and every other term of the agreement remaining in full force and effect. RECOMMENDATION: Staff recommends approval of Resolution 40, 2000, extending the lease for the District park property from 50 years to 75 years. 1 ]� 9-5 RESOLUTION �Q, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY FOR THE CONSTRUCTION OF GARDENS DISTRICT PARK; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the execution of the Interlocal Agreement between Palm Beach County ( "County ") and the City for the construction and funding of the Gardens District Park, the City and County entered into a lease agreement whereby the City would lease the property owned by the County for a term of 50 years; and WHEREAS, the County and the City wish to amend the lease agreement to extend the term of the lease from 50 years to 75 years. 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 the First Amendment to Lease Agreement Between Palm Beach County and the City of Palm Beach Gardens for the Construction of Gardens District Park, attached hereto as Exhibit "A." • Section 2. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS DAY OF MAY, 2000. • ATTESTED BY: CITY CLERK ►T[611ra MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK MAYOR JOSEPH R. RUSSO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT PACPWin \HIST0RY\000417A \43F.1 E\stm(1501.000) �3 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS • FOR THE CONSTRUCTION OF GARDENS DISTRICT PARK THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day of , 2000, by and between Palm Beach County, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, FL 33401, herein referred to as "COUNTY ", and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, FL 33410, herein referred to as the "CITY ". WITNESSETH: WHEREAS, on April 18, 2000, COUNTY entered into an Interlocal Agreement with CITY (R- 2000 -0560) ; and WHEREAS, Interlocal Agreement provides for COUNTY's acquisition of land and its lease to CITY for recreational and cultural purposes that are open to and benefit all residents of Palm Beach County; and WHEREAS, COUNTY has acquired and is the owner in fee of a parcel of land in Palm Beach County, Florida, known as the District Park Property; and WHEREAS, Exhibit E of the Interlocal Agreement, provides for COUNTY's lease of District Park Property to CITY for a term of 50 years; and WHEREAS, the CITY has requested the term of the Lease Agreement for District Park Property be modified to reflect a term of 75 years; and WHEREAS, COUNTY's Lease Agreement allows for the term of the lease to be modified or extended with the mutual consent of the parties; and WHEREAS, COUNTY is of the opinion that extending the term of the lease by 25 years is in the public interest; and WHEREAS; the parties desire to amend the Lease Agreement to modify the term of the lease agreement from 50 to 75 years; NOW THEREFORE, the parties hereby agree as follows: 1. Section 1.02 of Exhibit E, Lease Agreement, to the Interlocal Agreement shall be amended to reflect a change in the term of the lease from a period of "fifty (50) years" to a period of "seventy five (75) years." 2. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. • • IN WITNESS WHEREOF, the parties by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: CITY: CITY OF PALM BEACH GARDENS By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: DOROTHY H. WILKEN, Clerk Bv: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney GATGRANO W 1\pbgdist.am 1 Mayor PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair 2 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS • FOR THE CONSTRUCTION OF GARDENS DISTRICT PARK THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day of , 2000, by and between Palm Beach County, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, FL 33401, herein referred to as "COUNTY ", and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, FL 33410, herein referred to as the "CITY ". WITNESSETH: WHEREAS, on April 18, 2000, COUNTY entered into an Interlocal Agreement with CITY (R- 2000 -0560) ; and WHEREAS, lnterlocal Agreement provides for COUNTY's acquisition of land and its lease to CITY for recreational and cultural purposes that are open to and benefit all residents of Palm Beach County; and WHEREAS, COUNTY has acquired and is the owner in fee of a parcel of land in Palm Beach County, Florida, known as the District Park Property; and WHEREAS, Exhibit E of the lnterlocal Agreement, provides for COUNTY's lease of District Park Property to CITY for a term of 50 years; and WHEREAS, the CITY has requested the term of the Lease Agreement for District Park Property be modified to reflect a term of 75 years; and WHEREAS, COUNTY's Lease Agreement allows for the term of the lease to be modified or extended with the mutual consent of the parties; and WHEREAS, COUNTY is of the opinion that extending the term of the lease by 25 years is in the public interest; and WHEREAS; the parties desire to amend the Lease Agreement to modify the term of the lease agreement from 50 to 75 years; NOW THEREFORE, the parties hereby agree as follows: 1. Section 1.02 of Exhibit E, Lease Agreement, to the lnterlocal Agreement shall be amended to reflect a change in the term of the lease from a period of "fifty (50) years" to a period of "seventy five (75) years." • 2. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. IN WITNESS WHEREOF, the parties by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. • ATTEST: CITY: CITY OF PALM BEACH GARDENS By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: • DOROTHY H. WILKEN, Clerk By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney GATGRANO WI\pbgdist.am1 0 Mayor PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair 2 Q • • FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS FOR THE CONSTRUCTION OF GARDENS DISTRICT PARK THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day of , 2000, by and between Palm Beach County, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, FL 33401, herein referred to as "COUNTY ", and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, whose mailing address is 10500 N. Military Trail, Palm Beach Gardens, FL 33410, herein referred to as the "CITY ". WITNESSETH: WHEREAS, on April 18, 2000, COUNTY entered into an Interlocal Agreement with CITY (R- 2000 -0560) ; and WHEREAS, Interlocal Agreement provides for COUNTY's acquisition of land and its lease to CITY for recreational and cultural purposes that are open to and benefit all residents of Palm Beach County; and WHEREAS, COUNTY has acquired and is the owner in fee of a parcel of land in Palm Beach County, Florida, known as the District Park Property; and WHEREAS, Exhibit E of the Interlocal Agreement, provides for COUNTY's lease of District Park Property to CITY for a term of 50 years; and WHEREAS, the CITY has requested the term of the Lease Agreement for District Park Property be modified to reflect a term of 75 years; and WHEREAS, COUNTY's Lease Agreement allows for the term of the lease to be modified or extended with the mutual consent of the parties; and WHEREAS, COUNTY is of the opinion that extending the term of the lease by 25 years is in the public interest; and WHEREAS; the parties desire to amend the Lease Agreement to modify the term of the lease agreement from 50 to 75 years; NOW THEREFORE, the parties hereby agree as follows: 1. Section 1.02 of Exhibit E, Lease Agreement, to the Interlocal Agreement shall be amended to reflect a change in the term of the lease from a period of "fifty (50) years" to a period of "seventy five (75) years." 2. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. mo IN WITNESS WHEREOF, the parties by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: CITY: CITY OF PALM BEACH GARDENS By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: MDOROTHY H. WILKEN, Clerk By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney G ATG RANG W 1lpb gd i s t. a m t • By: Mayor PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Chair X39 • • A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 SUBJECT: OUTDOOR SEATING for Cafe Chardonnay First Reading: Ordinance 15, 2000, a request to add outdoor seating to Cafe Chardonnay at Garden Square Shoppes RECOMMENDATION Staff recommends aDDroval of Ordinance 15. 2000. with conditions of aDDroval. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorn y Growth Management Total [ ] Approved Finance NA ACM $ Current FY [ ] Approved w/ conditions Human Res. NA [ ] Denied Other NA _ Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other • Ordinance 15, 2000 • Location Map • Letter • Letter from Notary • Photograph • 1"=40' Plan • Seating Plan O5 �o [X] Not Required �SUbmi Zy� o ent Affected parties Budget Acct. #:: Director [ X ] Notified [ ] None Approved by: City Manager [ ] Not required Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 2 REQUEST Cafe Chardonnay is requesting approval for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping Center, (01- 42 -42). BACKGROUND The subject property is within the Garden Square Shoppes, a commercial shopping center located at the north west corner of Military Trail and PGA Boulevard. Originally the site plan was approved with 112,888 square feet of leaseable space with the required parking of 495 spaces. There are 557 existing parking spaces within the shopping center, an excess of 62 spaces. The outdoor seating is currently existing at the restaurant. In November 1999 the Code Enforcement Division verbally cited the owner of the restaurant for not having the appropriate approval allowing outdoor seating. On May 7, 1998, the City Council approved Ordinance 5, 1998 regulating outdoor seating. Section 118 -311 provides for outdoor seating as an accessory use to a restaurant provided that the following items have been met: 1. The outdoor seating is adjacent to the doorway of the restaurant. 2. The outdoor seating is located on a property which is either owned or leased by the adjacent restaurant. 3. The outdoor seating can be accommodated without impeding the access of the general public. 4. The outdoor seating can be accommodated without creating a need for additional parking spaces on the same site. Growth Management Staff conducted a field visit on March 13, 2000 and has determined that the applicant has met the additional conditions listed in the Outdoor Seating Ordinance (see table below). Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside without adding any new seats. • qi • • Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 3 FUTURE LAND USE AND ZONING The future land use is commercial and the property is currently zoned PUD -CG1. PROCEDURE This is a request for approval of outdoor seating with service. The request is reviewed as a miscellaneous petition by City Staff, which makes a recommendation to the City Council. The City Council reviews the request, considers staff 's recommendation and makes a final determination of approval, approval with conditions, or denial. A public hearing is required for this petition. PROJECT DETAILS Site The existing shopping center is comprised of approximately 12.5 acres, located at the north west corner of Military Trail and PGA Boulevard. Within the shopping center, the restaurant is located on the South West corner of the building in bays 101 and 102. Outdoor seating shall consist of four tables each with four seats equaling 16 seats. Leaseable Square Footage of Center Original Parking Calculations: 1 sc 50,000sf @5.5 spaces /1,000 sf = 275 spaces Balance @3.5 spaces /1,000 sf = 220 spaces Parking Required: 495 spaces Access 112,888 S.F. Parking Provided: 557 Spaces The Restaurant's direct access is located in the center of Bay 102. .n • • Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 4 OUTDOOR SEATING DETAILS Code Requirement Proposed Plan Outdoor seating shall be an accessory use The outdoor seating shall be an accessory to Restaurant or other commercial business. use to Cafe Chardonnay. Outdoor seating shall be adjacent to, and The outdoor seating is adjacent to the have direct access to the building in restaurant entrance. question. Outdoor seating shall be located on property The outdoor seating area is located directly which is owned or leased by the business. on the property that is leased by the restaurant. Outdoor seating shall not impede access of The outdoor seating is located under the the general public to the restaurant or to any covered public walkway. The seating area other business within the shopping center. is designed not to impede access by the public to any portion of the shopping center. Outdoor seating shall be arranged so that a The outdoor seating shall be arranged so pedestrian walkway of not less than six feet that a pedestrian walkway of not less than is provided adjacent to each table. six feet is provided adjacent to each table. Outdoor seating in a shopping center shall All public pedestrian access has been be arranged so that a straight passage of maintained. not less than six feet in width is immediately adjacent to, but not through, the seating area. Outdoor seating shall not be located on any The outdoor seating at Cafe Chardonnay is sidewalk or other property adjacent to any located only in front of that property. other business. Outdoor seating shall not occupy any area The proposed seating is within the covered designated for parking. walkway and does not conflict with the parking area. Outdoor seating in a shopping center, which The proposed seating is within the covered is not located within an inner court, shall be walkway; however, the applicant is physically separated and visually screened. proposing to provide additional screening with potted plants (see site plan details). 93 • Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 5 Code Requirement Proposed Plan Outdoor seating shall be compatible in All outdoor seating will be compatible with color. Any style with the exterior of the the existing center. The proposed tables building and shall not contain lettering or and chairs will be a light oak. Table clothes advertising, except for menu boards and are white and covered chairs are an aqua small labels to identify ownership. color. The tables and chairs are consistent with the colors established within the restaurant. Outdoor seating shall be stored in a secure The applicant proposes to remove the manner whenever the restaurant is closed outdoor tables and chairs every night. to the public. Outdoor seating which increases the total There are no additional parking spaces number of seats available at a restaurant required since the number of seats has not shall be considered an expansion of use, been increased. The seats were indoors which requires additional parking. and have been placed outside. RECOMMENDATION Staff recommends approval of Petition MISC99 -37 based on the code requirements in Section 118 -31, of the City's Code of Ordinances. The conditions and circumstances are met and the addition of outdoor seating is appropriate. Therefore, Staff recommends approval of petition MISC -99 -37 with the following conditions. Conditions 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The outdoor seating shall not exceed the following number: four tables with four seats each, totaling 16 seats. 5. Outdoor seating shall not be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. (Code Enforcement). Misc. 99- 37.st.doc 1�1/ 111111 .i � ' 16 7 c r - • ���}}}I IL M1: , • • November 24, 1999 City of Palm Beach Gardens 70500 N Military Trail Palm Beach Gardens, FL 33410 -4690 To Whom It May Concern: Enclosed please find a copy of the letter that was sent to all of the merchants within five hundred feet of Cafe Chardonnay as stipulated by the law. I am sending you a notorized letter stating that I have witnessed these letters being sent to the following properties. Bears Repeating Mailboxes Etc. Baskin = Robbins Mother Nature's Pantry Prestige Cleaners Publix Store No 0212 Optical Gallery Jonathan T's Hair Styling Should you have any questions, please contact Jane Bloomer at 627 -2662. Sin rely, llll!!! l!! I!ll lll!!l l llJlllllll!llllllllll!lllllll�. /LGUQ/ Lv < A�Ay e Patricia>~Antes < s� Notary Public, State of Florida ; Pa ricia Artes �� Cammisaiaa No. CC 662196 ► ; Notary Public < °f�`° My commissiaa Fv. 07/09/2001 < 1 eoo 3 NOr,1Rlr . Fla. Nohcy savix & I MdWg Co. ; Frank Eucalitto Owner of Cafe Chardonnay rr-)CftyB. Gardens NOV 29 1999 GROWTH \�+ MANAGEMENT DEPARTMENT 415 - q7 A.. November. 29, 1999 Shop Owners. Of Garden'Shoppes.Plaza. PGA Blvd` , . Palm Beach• Gardens; FL 3348 To :All Probrietors; Please be advise'd.that Cafe Chardonriay is currently requesting an outside dining permit from the City Of Palm Beach Gardens: • - , `S�ncerely., . -� - - Frank Eucalitt ' ' _ - Owner. . • . _ • - • City of t' B. Garden -'NOV 2 1 .GR IAANAaMENT �`. (�5 3--PGA $Qulev rd halm Beach 98rden , - FIQtida - 55i 6Z 26 •fax 1 6ZJ 413 • vvuyw gafetfi . f r .. . ' '� r� f ?� {JAL' - �`yf-4j . - . •f,- .. �XY !1 ,• v:. rj aFi his a�F!t�. fi f •t t n PON tj A*-r ow sa- � s { � v ? _.� ,,tea y � 1 /�•, e u / •" - All }� • 1 �� 104 _ \�IN Al vas ?i.�� • � ��,,;;.,�; � _ \ • ` -'` `` .' � \ • cEc � � p9~ 1 I O \ \ \ \ \ \ - Seer _� � - ,_ �\� � .` \� \\ � \ \ \ \\ ', '' � ` \• -,' . �,e o � a� � � LAS- �J%GAP� � i� __._ � �� , ..•� S v . BE lEM 4 Q' F; . • 5.9 ID'�Z 'fT s a Q s <- -- \0 vv ��o u r s <- -- \0 vv ��o June 1, 2000 ORDINANCE 15, 2000 Now AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM CAFE CHARDONNAY FOR THE ADDITION OF OUTDOOR SEATING FOR THE RESTAURANT LOCATED WITHIN THE GARDEN SQUARE SHOPPES AT THE NORTHWEST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the Garden Square Shoppes PUD as Ordinance 18,1977 on February 16, 1978, and WHEREAS, the City of Palm Beach Gardens received an application from Caf6 Chardonnay for approval of an outdoor seating area (16 seats) located adjacent to the restaurant located within Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 12.5 -acre "Garden Square Shoppes" site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay; 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a request to allow an outdoor seating area for Cafe Chardonnay, a restaurant within the Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" 10J is • Ordinance 15, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -37 attached hereto and incorporated herein by this reference, to permit the use of outdoor seating directly adjacent to the restaurant. SECTION 2. Said request is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. (Code Enforcement) 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The outdoor seating shall not exceed the following number: four tables with four seats each, totaling 16 seats. 5. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. (Code Enforcement) SECTION 3. Development of the outdoor seating shall be in accordance with the following documents on file with the City's Growth Management Department: Supporting Documents: 1. Site Plan, location of Cafe Chardonnay, April 19, 2000 2. Photograph of existing typical chairs and tables, dated March, 2000. Official Exhibits: 1. Outdoor Seating Plan; Scale: t/< "= 1' -0 ", dated April 19, 2000 2. Originally approved site plan; Scale: 1"=40', dated November, 1979 2 / oa Ordinance 15,2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 isPetition MISC99 -37 SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS _ DAY OF 2000. PLACED ON SECOND READING THIS — DAY OF 2000. PASSED AND ADOPTED THIS _ DAY OF 2000. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: 3 /03 • CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY Ordinance 15, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -37 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /MISC99- 37.OR.DOC. • • 4 10q Ordinance 15, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -37 EXHIBIT "A" Garden Lakes and Garden Square Shoppes TRACT "A" (Less s 8 ft of sr 74 r/W) • • 10S -\) V�� 10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 SUBJECT: OUTDOOR SEATING for Paddy Mac's Restaurant First Reading: Ordinance 16, 2000, a request to add outdoor seating to Paddy Mac's at Garden Square Shoppes RECOMMENDATION Staff recommends aonroval of Ordinance 16. 2000. with conditions of aDoroval. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorne Growth Management Total [ ]Approved Finance NA $ [ ) Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA _ Advertised: Funding Source: [ ] Continued to: Date: ( ] Operating Attachments: Paper: [ ] Other • Ordinance 16, 2000 • Location Map • Letter • Letter from Notary * Photographs e 1 " =40' Plan • Seating Plan v ^D [X] Not Required Submitted by- Growth Ma Affected parties Budget Acct. #:: Director [ X ] Notified [ ] None Approved by: City Manager ( ] Not required 71620 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 2 REQUEST Paddy Mac's is requesting approval for outdoor seating to be located directly adjacent to the restaurant at the Garden Square Shoppes Shopping Center, (01- 42 -42). BACKGROUND The subject property is within the Garden Square Shoppes, a commercial shopping center located at the north west corner of Military Trail and PGA Boulevard. Originally the site plan was approved with 112,888 square feet of leaseable space with the required parking of 495 spaces. There are 557 existing parking spaces within the shopping center, an excess of 62 spaces. The outdoor seating is currently existing at the restaurant. In November 1999, the Code Enforcement Division verbally cited the owner of the restaurant for not having the appropriate approval allowing outdoor seating. On May 7, 1998, the City Council approved Ordinance 5, 1998 regulating outdoor seating. Section 118 -311 provides for outdoor seating as an accessory use to a restaurant provided that the following items have been met: 1. The outdoor seating is adjacent to the doorway of the restaurant. 2. The outdoor seating is located on a property which is either owned or leased by the adjacent restaurant. 3. The outdoor seating can be accommodated without impeding the access of the general public. 4. The outdoor seating can be accommodated without creating a need for additional parking spaces on the same site. Growth Management Staff conducted a field visit on March 13, 2000 and has determined that the applicant has met the additional conditions listed in the Outdoor Seating Ordinance (see table below). Staff has not requested a traffic statement, due to the fact that the applicant has taken seats from inside the restaurant and provided them on the outside. is X07 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 3 FUTURE LAND USE AND ZONING The future land use is commercial and the property is currently zoned PUD -CG1. PROCEDURE This is a request for approval of outdoor seating with service. The request is reviewed as a miscellaneous petition by City Staff, which makes a recommendation to the City Council. The City Council reviews the request, considers staffs recommendation and makes a final determination of approval, approval with conditions, or denial. A public hearing is required for this petition. 0 PROJECT DETAILS Site The existing shopping center is comprised of approximately 12.5 acres located at the North West corner of Military Trail and PGA Boulevard. Within the shopping center, the restaurant is located on the North West corner of the building in bay 127. Outdoor seating for Paddy Mac's consists of the following arrangement: ten tables with four seats each; two tables of six seats each totaling 52 seats. Leaseable Square Footage of Center 112,888 S.F. Original Parking Calculations: Parking Provided: 557 Spaces 1 S150,000sf @5.5 spaces /1,000 sf = 275 spaces Balance @3.5 spaces /1,000 sf = 220 spaces Parking Required: 495 spaces Access The Restaurant's direct access point is along the northern boundary of the building in the center of the Bay 127. • 0 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 4 OUTDOOR SEATING DETAILS Code Requirement Proposed Plan Outdoor seating shall be an accessory use The outdoor seating shall be an accessory to Restaurant or other commercial business. use to Paddy Mac's. Outdoor seating shall be adjacent to, and The outdoor seating is adjacent to the have direct access to the building in restaurant entrance. question. Outdoor seating shall be located on property The outdoor seating area is located directly which is owned or leased by the business. adjacent on the property leased by the restaurant. Outdoor seating shall not impede access of The outdoor seating is located under the the general public to the restaurant or to any covered public walkway. The seating area other business within the shopping center. is designed not to impede access by the public to any portion of the shopping center. Outdoor seating shall be arranged so that a The outdoor seating shall be arranged so pedestrian walkway of not less than six feet that a pedestrian walkway of not less than is provided adjacent to each table. six feet is provided adjacent to each table. Outdoor seating in a shopping center, shall All public pedestrian access has been be arranged so that a straight passage of maintained. not less than six feet in width is immediately adjacent to, but not through, the seating area. Outdoor seating shall not be located on any The outdoor seating at Paddy Mac's is sidewalk or other property adjacent to any located only in front of that property. other business. Outdoor seating shall not occupy any area The proposed seating is within the covered designated for parking. walkway and does not conflict with the parking area. Outdoor seating in a shopping center, which The proposed seating is within the covered is not located within an inner court, shall be walkway; however, the applicant is physically separated and visually screened. proposing to provide additional screening with planter boxes see site plan details). /09 • Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Page 5 Code Requirement Proposed Plan Outdoor seating shall be compatible in All outdoor seating will be compatible with color, any style with the exterior of the the existing center. The proposed tables building and shall not contain lettering or and chairs are black . Table clothes are advertising, except for menu boards and emerald green, chairs are wicker. The small labels to identify ownership. tables and chairs are consistent with the colors established within the restaurant. Outdoor seating shall be stored in a secure The applicant is proposing to the store the manner whenever the restaurant is closed chairs and tables inside the restaurant to the public. overnight. Outdoor seating which increases the total There are no additional parking spaces number of seats available at a restaurant required since the number of seats has not shall be considered an expansion of use, been increased. The seats were indoors which requires additional parking. and have been placed outside. RECOMMENDATION Staff recommends approval of Petition MISC99 -38 based on the code requirements found in Section 118 -311, of the City's Code of Ordinances. The conditions and circumstances are met and the addition of outdoor seating is appropriate. Therefore, Staff recommends approval of petition MISC -99 -38 with the following conditions. Conditions 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The outdoor seating shall not exceed the following number; ten tables with four seats each, two tables with six seats each totaling 52 seats. 5. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. a: MISC.99- 38.st.doc NO Ol .. � e+ .' � �� IA - ._ •ate+ ,1�'. ,� • ,„.. Y�1 „- _,_._ �: NZ 6 WPM" � • V h' may.. .. .A I/7 x•1111 �► ♦' �`'�t' ro 1 7 � •. t K U A-R5, LA . .� �- `\ \` '\ '\ _\ r3I'�` ;• _ ;jam-."; -'r- �:/� - 111 ►I9 � -. 120 .�� � � �� '•;��. � \\ �.. - _ -- -- -- i � ' i } � I -L I 1 1 • �_ � -i #{'V'rtt�3' ' �. - •tt} -� •-?� '/ W =751 _ 1 llY�ffj w • 1 • of O[ K Jr rr rtQ Y 1 Z � a J F 6 � r 4 v 0, 1 Cp iiy . GARDEN SQUARE SHOPPES, LTD. 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, FL 33418 (561) 627 -2112 Fax: (561) 775 -9121 June 24, 1997 City of Palm Beach Gardens 10500 Military Trail Palm Beach Gardens, Florida 33410 Dear Sir/Madame: We believe that the residents of Palm Beach Gardens and the surrounding communities enjoy eating outdoors. Some of the best restaurants located in Palm Beach offer outdoor dining to their patrons. Our climate gives us a tremendous advantage that can be enjoyed by our residents, as well as our guests, who visit us in the winter season. We encourage you, and respectfully request, that outdoor dining be permitted on sidewalk tables at Garden Square Shoppes and other locations within Palm Beach Gardens. I have on frequent occasions enjoyed lunch at Paddy Mac's to find the outside tables filled with customers, and reluctantly sat inside where many seats were available. I am sure that Paddy Mac's patrons want your positive vote for outdoor dining. Sincerely yours, Robert S. Kairalla Manager RSK/cs h • PADDY MAC'S RESTAURANT 10971 North Military Trial Palm Beach Gardens, Florida 33418 June 4, 1998 To Whom It May Concern: Please be advised that Paddy Mac's Restaurant has requested approval by the City of Palm Beach Gardens for outdoor seating. Sincerely, 1 Kenneth G. Wade, CEC, AAC Proprietor J June 1, 2000 ORDINANCE 16, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PADDY MAC'S FOR THE ADDITION OF OUTDOOR SEATING FOR THE RESTAURANT LOCATED WITHIN THE GARDEN SQUARE SHOPPES AT THE NORTHWEST CORNER OF PGA BOULEVARD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the Garden Square Shoppes PUD by Ordinance 18, 1977 on February 16, 1978 and WHEREAS, the City of Palm Beach Gardens received an application from Paddy Mac's requesting approval of an outdoor seating area (52 seats) located adjacent to the restaurant located within Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 12.5 -acre "Garden Square Shoppes" site is currently zoned General Commercial (CG -1) with a Planned Unit Development (PUD) overlay; 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves a request to allow an outdoor seating area for Paddy Mac's, a restaurant within the Garden Square Shoppes located at the northwest corner of PGA Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the III Ordinance 16, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -38 use of outdoor seating directly adjacent to the restaurant. SECTION 2. Said request is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. All sales and service of food and beverages in an outdoor seating area are prohibited between 10:30 p.m. and 7:00 a.m. from Sunday through Thursday and between 11:00 p.m. and 7:00 a.m. from Friday through Saturday. 2. The outdoor seating areas shall be in compliance with the city's noise regulations. (Code Enforcement). 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. 4. The number of tables shall not exceed the following number: 10 tables with four seats each, two tables with six seats each, totaling 52 seats. 5. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than six feet in width adjacent to each table. (Code Enforcement) SECTION 3. Development of the outdoor seating shall be in accordance with the following documents on file with the City's Growth Management Department: Supporting Documents: 1. Site Plan, location of Paddy Mac's, April 19, 2000 2. Photographs of existing typical chairs and tables, dated March, 2000. Official Exhibits: 1. Outdoor Seating Plan by William Rillon Upthegrove Architect and Planner dated June 7, 1998. 2. Originally approved site plan — Scale: 1 " =40', dated November, 1979 SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of . the Ordinance. 2 it? Ordinance 16, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -38 SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO • 3 iiy ATTEST BY: CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO g /MISC99- 38.OR.DOC. • Ordinance 16, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -38 AYE NAY ABSENT 2 I �� • • • Ordinance 16, 2000 Meeting Date: June 1, 2000 Date Prepared: May 15, 2000 Petition MISC99 -38 EXHIBIT "A" Garden Lakes and Garden Square Shoppes Tract "A" (less s 8 ft of sr 74 r /w) R VL k4;-- CITY OF PALM BEACH GARDENS CITY COUNCIL • Agenda Cover Memorandum • Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 SUBJECT /AGENDA ITEM First Reading: Ordinance 18, 2000, a request for approval of the conditional use "Adult Day Care" at the Nativity Lutheran Church and School, to permit an Alzheimer's day care facility for 24 patients. RECOMMENDATION Staff recommends approval of Ordinance 18, 2000, which contains a condition of approval. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. NA Advertised: Funding Source: [ ] Continued to: Attachments: Other NA Date: [ ] Operating *Ordinance 18, 2000 Paper: [ ] Other • Alzheimer's Community Care Association letter dated October 15, 1999 [X] Not Required site plan Sub GroG��Nla(n� gem Affected parties Budget Acct. #:: Director [ ] Notified [ )None Approved by: City Manager [X] Not required • City Council Petition CU -99 -03 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 REQUEST The Alzheimer's Community Care Association of Palm Beach & Martin County, Inc., agent for Nativity Lutheran Church, Inc., is requesting to amend the conditional use approval for Nativity Lutheran Church and School to include an adult day care program that will operate in an existing building. The adult day care program will include the care of 24 Alzheimer's patients on a daily basis, and will occupy 1,125 square feet within the building that was previously known as the "Fellowship Hall ". The site is located at the northwest corner of Holly Drive and Plant Drive. (12- 42S -42E) BACKGROUND The church and school are located on a 5 -acre site, which was first given conditional use approval in May 1962. The site was originally approved for a fellowship hall, offices, classrooms, a sanctuary, and a parish hall. However, the parish hall (2,964 square feet), the sanctuary (5,500 square feet), and some of the classroom (2,142 square feet) and office space (648 square feet) were never constructed. Currently on the site, there is a 3,069 square -foot church building, a 2,585 square -foot private elementary school (72 students), and a 2,000 square -foot center for autistic children (The Renaissance Learning Center). These uses are contained in three separate buildings. Resolution 140, 1999 approved the site plan and Ordinance 46, 1999 approved the conditional uses for the expansion of the church and school. The current approved master site plan calls for 4 phases, and includes a multi - purpose building (8,250 square feet), a future sanctuary (9,000 square feet with 450 seats), and the expanded educational and administrative facilities (18,645 square feet). LAND USE & ZONING The subject site is zoned as Residential - Medium Density (RM) with a conditional use overlay for a church and school, and has a future land use designation of Residential — Medium Density (RM). See Table 1 for a complete listing of adjacent uses, land use designations, and zoning districts. See Table 2 for the proposed project's consistency with the City's Codes. CONCURRENCY The proposed project was reviewed for traffic concurrency only, and on February 16, 2000, it received concurrency certification. 2 Subject Property Church /School North Park South Single Family Residences (Plat 6) East Plant Drive Duplexes West Palm Beach Gardens High School • Residential — Med. Density (RM) Public /Institutional (P /I) Residential — Low Density 3 (RL -3) Residential — Med. Density (RM) Public /Institutional (P /I ) 3 City Council Petition CU -99 -03 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 Residential - Medium (RM) Recreation — Open Space (ROS) Residential — Low (RL) Residential — Medium (RM) Public (P) 1�� City Council Petition CU -99 -03 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 • 4 ,. ISTENCY WITH Consistent Code Requirement Proposed Plan (at buildout) Yes (conditionally) RM Church, School, & Adult Residential Medium Day Care Density Yes Building Lot Coverage: 14.73 Percent Maximum of 35 Percent Yes Minimum Parking: 113 150 spaces (1 parking space per 4 seats) Yes Maximum Number Of 1 ground sign Ground Signs: 1 • Yes Maximum Building Height: < 36 feet 36 feet Yes Minimum Front Setback: 30 feet 30 feet Yes Minimum Side Setback: 10 feet 10 feet Minimum Side Facing 27 feet Yes Street Setback: 20 feet Yes Minimum Rear Setback: 96 feet 20 feet Yes Minimum Amount of Open 49.26 Percent Space: 15 Percent • 4 • City Council Petition CU -99 -03 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 PROCEDURE This is a request to amend the conditional use approval; therefore, it is considered a major review. The use of adult day care for 24 patients is subordinate to the principal conditional use of church /school. The conditional use amendment request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. The Planning and Zoning Commission reviews the request, and acting in an advisory role, makes recommendations regarding the proposed request to the City Council. The City Council reviews the request for consideration of approval, approval with conditions, or denial. PROJECT DETAILS The applicant is requesting to amend the conditional use approval for the site to include the use of "adult day care ". An attached letter dated October 15, 1999 from the Alzheimer's Community Care Association describes the operational aspects of this use. Care for Alzheimer's patients is provided for in Chapter 400(5) of the Florida State Statutes, and the Alzheimer's Community Care Association (a non - for - profit organization) is licensed by the Agency for Health Care Administration. Approval of this amendment to the conditional use approval will enable the site to have an Alzheimer's day care program providing service to 24 patients on a daily basis. The program will be conducted by approximately 8 staff members in 1,125 square feet of an existing building, formerly known as the "Fellowship Hall" (see attached site plan for location). The patients will be brought to the site via a minivan service; drop -offs will begin at 7:00 A.M. and pick -ups will end at 5:00 P.M. A catering service will provide lunch for the patients. No signage or exterior modifications to the building are being proposed (except for minor alterations to make the building handicap accessible). STAFF COMMENTS Alzheimer's disease is a growing concern to the large elderly population in our area; there is definitely a need for this type of service in our community. The Planning and Zoning Division reviewed the compatibility of the proposed use with the site location. Because the site is already approved for a church and a school, and the proposed adult day care facility will only serve 24 patients, Staff supports the applicant's request to amend the conditional use approval to include the use of "Adult Day Care ". 5 /tea City Council Petition CU -99 -03 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 PLANNING & ZONING COMMISSION The Planning and Zoning Commission reviewed this petition at their March 28, 2000 meeting. The Commission had the following questions: -Would there be overnight accommodations for the patients? -Does the not - for - profit group operating the Alzheimer's day care facility have some type of insurance? -Are outdoor facilities required? -How will this use fit into the recently approved master plan, how will the operations on the site be adjusted to accommodate this use (e.g.: where will the existing classes go)? The applicant responded that there would be no overnight accommodations for the patients, the not - for - profit group operating the facility is fully insured for this type of operation, and no outdoor facilities are required; however, the patients would be able to use any of the outdoor recreational facilities that exist on the site (under close supervision). The applicant also stated that the adult day care facility would occupy an unused section of the classroom area; as future phases of the approved master plan are completed, the adult day care facility will remain in the same section of the unused classroom area. The Commission unanimously voted to hold a public hearing for this petition at their April 25, 2000 meeting. The Planning and Zoning Commission held a public hearing for this petition at their April 25, 2000 meeting. One nearby resident voiced his disapproval for this petition; however, the Commission unanimously voted to recommend approval of this petition to City Council. RECOMMENDATION The Planning and Zoning Commission, as well as Staff, recommends approval of petition CU -99 -03 with the following conditions of approval: No more than 24 Alzheimer's patients shall be permitted at the Alzheimer's Day Care Facility on the Nativity Lutheran site. 2. There shall be no overnight accommodations for patients. gfJohn: cu9903.cc3 f1I El 0 /a� 0 May 10, 2000 ORDINANCE 18, 2000 AN ORDINANCE OF THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM NATIVITY LUTHERAN CHURCH, INC. FOR APPROVAL OF THE CONDITIONAL USE OF "ADULT DAY CARE ", THEREBY PERMITING AN ALZHEIMER'S ADULT DAY CARE FACILITY FOR UPTO 24 PATIENTS AT NATIVITY LUTHERAN CHURCH AND SCHOOL, LOCATED AT THE NORTHWEST CORNER OF HOLLY DRIVE AND PLANT DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Nativity Lutheran Church and School for approval of an Alzheimer's adult day care facility for up to 24 patients at Nativity Lutheran Church and School, located at the northwest corner of Holly Drive and Plant Drive, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 5 -acre "Nativity Lutheran" site is currently zoned Residential — Medium Density (RM); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council approved Ordinance 46, 1999, allowing for the expansion of Nativity Lutheran's Church and School; and WHEREAS, the Growth Management Department has recommended approval of said conditional use; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved subject to the conditions stated herein. 7 p9 Ordinance 18, 2000 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 Petition CU -99 -03 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the conditional use for an Alzheimer's adult day care facility for up to 24 patients at Nativity Lutheran Church and School, located at the northwest corner of Holly Drive and Plant Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. No more than 24 Alzheimer's patients shall be permitted at the Alzheimer's Day Care Facility on the Nativity Lutheran site. . 2. There shall be no overnight accommodations for patients. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2000. PLACED ON SECOND READING THIS DAY OF 2000. PASSED AND ADOPTED THIS DAY OF 2000. 0 8 lag Ordinance 18,2000 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 Petition CU -99 -03 MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: cu9903.or3 9 • • • Ordinance 18, 2000 Meeting Date: June 1, 2000 Date Prepared: May 10, 2000 Petition CU -99 -03 EXHIBIT "A" A five acre parcel of land lying in the southeast one - quarter of Section 12, Township 42 South, Range 42 East, City of Palm Beach Gardens, Palm Beach County, Florida, more particularly described as follows: Being the North 467.22 feet of the South 507.22 feet of the West 467.22 feet of the East 817.22 feet of the Southeast one - quarter of said Section 12, containing 5.0 acres, more or less. 10 131 ALZHEINJEW S C .SIN ! A — .AS�OCIATI(: . eadquarters Office 800 Northpoint Parkway Suite 101-B \X -est Palm Beach FL 33.307 1561 % 683 -2700 i Fa.x: t X61) 683 -7600 Service Sites • Stuart • Pahokee • West Palm Beach • Greenacres • Lake Worth • Delray Beach • Boca Raton Tbrift Depots • North Palm Beach • Boca Raton 0 I — Gaston Jones c• John B. McCracken Esq j +it- lames Fraoakis Gregory Gerald B. Church Jernv C. Kelter Fred Kroll G. dark Shallowav Esq. Ellen S. Warner Audrey Wolt Donald Van Gorp Mrs. C Kenneth Batter Donald K. Baxter Deceased) Barnes October 15, 1999 Roxanne Manning, Growth Management Director Planning and Zoning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: Nativity Lutheran Church & Preschool 4075 Holly Drive Palm Beach Gardens, Florida 33410 Dear Ms. Manning: -I- Please accept this application on behalf of the owners of the above captioned project, requesting a conditional use to utilize a portion of the fellowship hall for operating specialized Alzheimer's day care program on the premises at Nativity Lutheran Church & Preschool located at 4075 Holly Drive, Palm Beach Gardens, FL 33410. The actual area involved is within an existing building, previously known as the "Fellowship Hall ". The area to be occupied by the specialized Alzheimer's day care program is 1,125 -sq. ft. and will accommodate 24 patients on a daily base. Individuals suffering from Alzheimer's disease or related disorders require constant cognitive and physical stimulation in order to help retain their remaining memory functions and stabilize their lifestyle as the disease progresses. At the specialized Alzheimer's day care program, small group activities concentrating on the special needs, interests, and abilities of each participant are the focus of treatment. These specially designed programs encourage participants to communicate and socialize with others in similar circumstance in order to reduce the fear, frustration, and isolation that is associated with memory loss. The goal of the program is to provide structural, therapeutic activities that are stimulating in order to achieve optimal level of functioning, and ultimately, to prevent premature institutionalization. By providing the economical and needed respite for caregivers, their stamina of health and well being is maintained at a positive level. _ Highly trained staff on Alzheimer's disease and related coordinates care plans, daily activities and special outi; program employees a full time nurse to administer any presc' " L'Vhcrc> There 's Hell), There's Ho pc. Alzheimer's COnlnIUnity Care Association of Palm Beach Martin Counties, In • �.nv a,hho rir,i i„' Ynii, � :- J.� l,,. r: i.' � , -0, orders J; MANAGEMFN7 DEPARTMF-NT _ /C, ALZHEIMER' S C — , -2- readquarters Xice .00I Northpo +nt Parkway f medications in addition to providing regular medical screenings that Suite 101 -B Nest Palm Beach FL 33107 emphasize prevention and continuity of care. Other staff members (;6, , 68 3.2 -00 include a program manager, program assistants, senior companions and Fax: i 56 I i 6S 7600 i trained volunteers. ACCA's goal is to provide a 1:3 staff to patient ratio with the use of staff, senior companions and volunteers. All staff ' members and volunteers are screened and receive extensive training. Each participant receives a quarterly physical therapy screening by a ervice ices licensed physical therapist. If a course of therapy is needed, care is • Start coordinated with the patient's physician. • Pahokee • West Palm Beach We trust that the information contained herein will be satisfactory for • Greenacres your purposes and will allow us to meet with the DRC at its meeting of • Lake Worth and the Planning and Zoning Board as soon as possible. • Delray Beach Boca Raton ACCA's staff and our consultants are available to answer any questions T17rift Depots that you might have and are prepared to meet with you and your staff at • North Palm Beach i your convenience. • Boca R ,ton We look forward to working with you towards the completion of this , �; ur Project. :`� j Sincerely, Gaston tones Mary M. Barnes john B. .McCracken Esq. Executive Director i lames Fraaakk Gregory Gerald B. Church lerry C. Kelter I Fred Kroll i G. dark Shallow ay. Esq. Ellen S. Warn,:- Audrey \Volt Donald Van Gorp i i Mrs. C. Kennett, Baxter I I Y of P.8. Gardens Donald K. Baxter Deceased) '00 9V 18 1999 GROWTH MANAGEMENT \l.l ;arnc• I C DEPARTMENT jll here Tbere's Hc1p, Tbet -cs Flopc Al --heimer•s Comnutnity Care Association of Palm Beach c Martin Counties, Inc. 11�3 J < Q J1 O d J 9g O vL LL U �nl?j4 .LNv"7.J Z a � ° OJ 0 < w W I N 3 w 1 �- i Da °_� 1 aD D to J p u • W� 1 zvUi �MJ 13 m dvd � z t — i 1LL1;1 � e' LJJ ? o • �— w z D = F r of ~ Ld v V N U �w Id ' r i Q < o Jp e tl1 r� 0 0 iz J ,ZZ'L�b �J D Ld Z- 9ni��dd� l�.L�13do�d -1�tJH� � V w � � W q, 0 IL Q ~J Q 0 �� r S3 o Q g Z tea? lil �r x � Y A O r Q Ixi1 Z 5 cow 1ri BRAWN BY: BATE, 0 3 < Q = z S 9fET Na I r — H 40 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 11,2000 Meeting Date: June 1, 2000 • 11 Subject/Agenda Item: 1St Reading: Ordinance 19, 2000: (MISC- 00 -07): The Commons Parcel I Art in Public Places, a request by Joel Charming, president of Channing Corporation for the approval of the proposed art in public places for the Commons I located on the south side of PGA Boulevard immediately east of its intersection with the Avenue of the PGA. (11- 42S -42E) Recommendation/Motion: Staff recommends that the Citv Council at)prove Ordinance 19, 2000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Growth Management [ J Approved Finance N/A ) $ 0 ( J Approved w/ jV Current FY conditions ACM [ J Denied Advertised: Other N/A Funding Source: ( ] Continued to: Attachments: Date: [ J Operating Ordinance 19, 2000 Paper: [ ] Other NIA 3/13/00 Art in Public Places Program 3/21/00 Concept Statement 6 [ x J Not Required Location Plan Submitted by: ? G�tk en ir. Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The Commons I is located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA and is bound on the north by vacant land, to the south by Tamberlane residential development, to the east by Woodland Lakes residential development, and to the west by Longwood residential development. 13-5- Mayor and City Council Petition MISC -00 -07 May 11, 2000 The Commons Parcel I was approved on February 11, 1999 by Ordinance 7, 1999 for the construction of 31 townhomes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant and 2,260 of outdoor restaurant. On November 1, 1999, an administrative approval was granted to this project for a 1,802 square feet conversion of garages to retail space. DISCUSSION Joel Channing, owner, is requesting approval of the art in public places proposed for The Commons I Project. The site is located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA. Per Ordinance 12, 1993, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1% of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. The petitioner is proposing three freestanding flag or sail structures, which freely rotate by wind currents. The colors chosen for the sculptures are tropical. The sculptures are called " Amber's Moods for Wind and Water " and will be located in the plaza area for the Commons I. (see attached). The sculptures were created by Mark Fuller. The construction cost for the commercial portion of the project is $2,459,185. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $24,592 (1% of the total budgets) for art for the project. The applicant has indicated that the cost of the proposed sculpture would be $45,066 (see attached). A. Land Use and Zoning The current land use designation for the subject site is Mixed Use (MXD) on the northern portion and Residential High (RH) on the southern portion of the site with a Planned Unit Development (PUD) zoning. 2 136 Mayor and City Council Petition MISC -00 -07 May 11, 2000 B. Procedure This request has been classified as a Miscellaneous petition since the development review processes outlined in Section 118 are not applicable. The City Council has the authority to approve the request, approve with conditions, or deny the request. D. Art Advisory Committee At its April 24, 2000 meeting, the Art Advisory reviewed the proposed art for The Commons I and recommended approval with one condition: Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. RECOMMENDATION: 0 Staff recommends approval of MISC -00 -07 with one condition: Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. 3 131 ,1 1ni MTFULLER Functional Arts 809 North Dixie Highway Environmental Graphics West Palm Beach Digital Imaging Florida 33401 Via Hand To: Mr. Joel Channing Channing Corporation XX PGA Boulevard Palm Beach Gardens, FL 33410 561.630.8630 V 561.630.8631 F 561.659.2933 561.833.7664 4 • mochec @aoLcom waypoints@aol.com Proposal � 10 January 2000 Art In Public Places Program The Commons at PGA Dear Mr. Channing; nttiriA�EtnrNt DEPART'�EN1 I am pleased to submit the following proposal to provide design services and fabrication for a single location installation consisting of three (3) free - standing wind sculpture elements based on the maquette Amber Moods For Wind and Water and as outlined below: Scope of Work Provide three (3) units as follows: Support pole assembly of 8" O.D. x 9' -0" base support pole, reducing to 5" 0. D. x 10' -0" spindle pole for for an overall height of 19' -0 ". Base pole unit to be welded at bottom of assembly to solid steel mounting plate; mount to footer (to be provided by owner) with leveling bolts. Wind movement assembly to consist of: -.090 aluminum plate 'mainsail' welded to steel tube (diameter sufficient to mate over 5" spindle pole with UHMW bearing rings) and top mounted UHMW pivot plate housing over stainless steel spindle top. - Secure five (5) formed 3 "fiberglass tube wave forms with 5" diameter fiberglass spheres to position as required. - Front 'wingsail'to be .090" aluminum plate, center seamed, with cut -out profiles as proposed, mounted in position as required on structural aluminum tube supports with concealed mechanical fasteners. Wingsail'streamers! to be secured at second surface of wingsail with no visible fasteners from first surface. - Pole finial to be .25" aluminum plate sunburst secured to 5" diameter aluminum sphere with applied finish. - All surfaces to be finished with exterior rated material, color as required; as Matthews MAP acrylic polyurethane formulated color, and /or Tiger Drylac industrial powdercoat finish with RAL color formulation, as best determined for type of application and suitability. All design, design modifications, workmanship, labor and materials and taxes on materials for complete fabrication and installation to footer, provided by owner. 0 With stainless steel pole assembly $40,066.00 X38 s Proposal - Page 2 10 January 2000 Art In Public Places Program The Commons at PGA TERMS Application and obtaining any and all permits as required by any state or local agency shall be the responsibility of the project owner. The artist shall retain all design copyrights as is governed by current copyright laws, including design patents and laws of authorship. Standard credit line to the artist shall be given in promotional materials as produced on behalf of the client when an image or images of the artwork in discussion is a dominant focus of the picture or drawing in which it is displayed. The artist shall be responsible for the work in discussion during all stages of fabrication and production. The project owner assumes all responsibility for damage to the work in discussion upon successful installation or delivery to the owners custody. In addition, the artist will provide engineering drawings certified by a licensed engineer. The artist warrents all materials against inherent vice and warrents suitability of all finishes for exterior application for a period of five (5) years except for damage caused by others, inadequate or improper maintenance, or acts of god. A deposit in the amount of 50% ($20,033.00) shall be due upon approval of the City of Palm Beach Gardens Art In Public Places Board. The artist will provide fabrication detail drawings for the owners review and comment prior to commencement of fabrication. This will include material specifications, including stainless steel finish along with warrenty information regarding paint /finish fading. The artist will consider suitability for all moving parts for the motion and weight to which they are subjected and that noise, such as squeeking or whistling that may or may not occur will be corrected at no charge to the owner in a manner that is reasonably acceptable to the owner. An additional 25,% payment shall be due upon substantial completion of production (prior to final assembly) as supported by photographic documentation and / or studio / shop visit by the owner. The remaining balance of 25% shall be payable upon successful installation to the project site. If installation is not possible at the time of delivery, storage and proper crating for protection of the work will be provided at additional cost to the owner and the total amount due at time of entering into storage will be the remaining 25% payable balance less $1500.00" for final delivery, installation, and crane services. This "` amount along with all storage related costs shall be payable in full upon final installation. The artist will provide the above work for the total fees as outlined. It is estimated that this work will take 90 - 120 days for completion. This proposal is valid for acceptance a perioc Sincer MTFuller Approved and accept Authoriv 13q • • MTFULLER Concept Statement: Amber's Moods for Wind & Water Art In Public Places Program Amber's Moods for Wind & Water 21 March 2000 The Commons at PGA The kinetic basis and the suggestive visual imagery of this work reflects the fluid charecteristics of the South Florida environment we enjoy. The horizontal undulating forms evoke the common elements of motion and movement associated with our constant breezes and ocean waves. Amber's Moods for Wind & Water is expressed as three (3) free-standing 'flag' or 'sail' structures which freely rotate by wind currents. At moments of specific wind direction, the structures intersect paths where the spheres on the trailing edge of one Tag' or'sail' structure will pass through cut -out openings on the leading edge of another. Although at first glance the structures appear to be the same, they are not. Subtle changes of trailing edge profiles as well as the cut - through forms of the Front Windsails have occurred, making each structure unique unto itself. Changes of wind direction alter the orientation of the grouping to the viewer. The selected color schemes for this installation were chosen to evoke the lively spirit of the tropics through a variety of medium to high saturations and strong chromas further enhanced by strong sunlight. The color pallette was developed for these structures as individual, stand -alone elements as well as a multiple assembly of color relationships. This installation is intended to provide a sense of vitality, sophistication, excitement, and unique sense of place to the Commons at PGA project. rM NO r -r 4. srr � � � �f ty.� )`\II��� s f a y � .��■ • �� *T,_�, j * � � � , -- ~yam v. ty3�;F t °^w� a =• �x' is �.�q, S�' � s' �t.� ` 4'�r.,,n, ,� �f .�. a tq a+ .y� � r . i j � • i '�b T y ' f i• ��ci ..ix ms's 5a .N � %' t � }ss Y- • y v< �1T.+ p `en J• Y l ,f '..-'G Tr t[ 74 Sr i :.' fi " 16 t t7T E^.a- �rJ r, G- W'i`21P'iY L ,- - ,ryy'�`'1, t 2.M tlY7�I` =r.Wt •'y� ?t f .->.� z•`,'t;^'hR� .Si..i�1'j}'1`l t T'. t<^; �hl� •1 h 'f 11 17 J4- "=�"�'1+4�..•�t ��. f-\ - � �:�� (1 J y 1 .. 1 �.wnsv,. r -r 4. srr � � � �f ty.� )`\II��� s f a y � .��■ • �� *T,_�, j * � � � , -- ~yam v. ty3�;F t °^w� a =• �x' is �.�q, S�' � s' �t.� ` 4'�r.,,n, ,� �f .�. a tq a+ .y� � r . i j � • i '�b T y ' f i• ��ci ..ix ms's 5a .N � %' t � }ss Y- • y v< �1T.+ p `en J• Y l ,f '..-'G Tr t[ 74 Sr i :.' fi " 16 t t7T E^.a- �rJ r, 0 ORDINANCE 19, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR THE COMMONS I PROJECT LOCATED ON SOUTH SIDE OF PGA BOULEVARD IMMEDIATELY EAST OF ITS INTERSECTION WITH AVENUE OF THE PGA , AS ORIGINALLY APPROVED BY ORDINANCE 7, 1999; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance7, 1999, approving a Planned Unit Development known as The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA; and WHEREAS, the original approval for the construction of 31 townhomes, 14,212 square feet of general office, 5,267 square feet of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant and 2,260 square feet of outdoor restaurant did not include approval of the art in public places component; and WHEREAS, an application has been submitted by Joel Channing, owner, seeking the approval of the proposed art for the project; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the request for art in public places approval is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves the art in public places for The Commons I, located on the south side of PGA Boulevard immediately east of its intersection with Avenue of the PGA. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. March 2000, Art Package for PGA Commons by MTFULLER Communication Arts. Section 3. Said approval shall comply with the following condition: 0 4 I q DS • Prior to the installation of the artwork, a lighting plan shall be submitted for the Art Advisory Committee's review and approval. Section 4. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. Section 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. PLACED ON FIRST READING THIS Ist DAY OF JUNE 2000 PLACED ON SECOND READING THIS OF 2000 INTRODUCED, PASSED, AND ADOPTED THIS DAY OF 2000 JOSEPH RUSSO, MAYOR ERIC JABLIN, VICE MAYOR COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: MAYOR RUSSO APPROVED AS TO LEGAL FORM AND SUFFIECIENCY. CITY ATTORNEY AYE NAY ABSENT 5 lU3 VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCIWOMAN FURTADO COUNCILMAN CLARK • ul 3 lqq jun O1 00 04s33p MARK FOLEY 4 I DISTRICT. FtOMOA otpury MAJ00— WHO, wAys AND MEANS COMMITTEE HUMAN RFSOUIKtS LU9COM"Iff F June 1, 2000 J. Connors 561-624-E;350 P.2 REPLY TO' oVI EIS of the `- lntted �at� WAS c�HINGTON. DC IQS1S-0il9 �(�n��Q (� �{ f� I792f 275 -3782 f19ousc of RquEntatiOES VAX: C202122S.7147 imash.ttgrAn, E•MMOsw.n.4.kvW l.Mwf+.9.H - I�,,�i//YD11r1111,}j llWf• �9� Ojl) �a�/�F: Mayor Joseph Russo City of Palm Beach Gardens 10500N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Russo, I want to take a moment to highly recommend the hiring of Torn DcRita and his firm as a consultant/lobbyist on behalf of the city of Palm Beach Gardens. If you're looking for an individual who is thorough, persistent, and an outstanding strategic thinker, you need not look any further than Tom. As someone who has worked by my side on bout legislative and political projects, he knows how to get results. Tom has the range of contacts and personal relationships in both TaUahassee and Washington to open the doors necessary to achieve the city's goat of securing project funding in an envirorunent where a multitude of entities are competing for lirnitcd resources. Additionally, I've always believed governmental entities art better served contracting with advocates who have a personal interrrst in achieving results for their own communities, rather than hiring out -of -town firms that are less accountable and have little incentive to achieve speedy results. I hope you WM put Tom's energy to work on behalf of the people of Pahn Beach Gardens. I }crow you won't be disappointed. With best regards, F* Q4.— Marjo Foley ...0 PGA swa. $LR[ tai COUNIV ANNEX V^01NS SEBMW OV NAu PALM REACH ISAWKNS. FL Will ISO NN COLWO" CLUB DANE ey Ap9ofam�ft ONT1 16611 977 8197 PORT ST. LUCt. PC 342N 0411411 1812 FAX! dill CIS -097 0016NW 14l FAX: ISC11 pl-WSI March 8, 2000 CITY OF PALM BEACH GARDENS 10500 N_ MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 Mr. Peter L. Pimental, Executive Director Northern Palm Beach County Improvement District 357 Hiatt Drive Palm Beach Gardens, FL 33418 Re: Drainage in Unit 2 and 19 Dear Mr. Pimental: The City has received and is processing several applications for developing projects within Units 2 and 19. I am advised by our City Engineer, that Northern is currently planning revisions to the primary drainage systems in these Units. Further, it is my understanding that the proposed revisions are directed at achieving the City's level of service for existing and future developments and to satisfactorily address the types of problems that were discussed at the evening meeting of February 24, 2000, which you attended. Land Development projects within a drainage basin and/or unit of development should be designed and permitted consistent with a well conceived master plan. The City does not want to move forward with approving drainage systems in a "piecemeal" fashion only to find out that individual drainage systems do not work with each other when all the projects are completed. Because of this, construction permits for projects proposed in Units 2 and 19 should not be issued until the master plans are completed, approved and funded. To that end, would you please provide me with a written report as to the current status of the plan revisions and a critical path chart as to when they might be completed and funded. As you are aware, the developers in Units 2 and 19 are anxious to move forward and the City Council is desirous of knowing when projects in Unit 2 and 19 will be able to move forward with the assurance that drainage systems will be consistent and meet the City's level of service for both new and existing developments. It would be very helpful if I could have your response on or before Friday, March 24, 2000, so that our staff could use the information in preparing a response to City Council. Sincer ab r Enriqu artinez City Manager NEM:ps cc: Mayor /City Council Q City Engineer 3' City Attorney Y Growth Management Director 'i CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL, PALM BEACH GARDENS, FLORIDA 33410 -4698 PHONE (561) 799 -4110 FAX (561) 799 -4111 To: Peter L. Pimental From: Nabar E. Martinez Ph: (561) 799 -4110 Executive Director City Manager Fax #: 561- 624 -7839 Company: Northern Palm Beach County Improvement District Subject: Drainage in Unit 2 and 19 Date: March 8, 2000 Pages including cover sheet: 2 If you have any problems receiving this fax, please call Patty at (561) 799 -4110. 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