HomeMy WebLinkAboutAgenda Council Agenda 050400Fib
• City of Palm Beach Gardens
Council Agenda
May 4, 2000
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Clark
Council Member Furtado
0 Council Member Sabatello
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All those wishing to address the City Council need to complete the necessary form (supply
located in back of Council Chambers) and submit same to the City Clerk prior to the meeting
being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
MAY 4, 2000
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
a. Teamwork Awards
b. Transportation Task Force Study
C. Auditor's Report
V. CITY MANAGER REPORT:
a. Construction Manager Report
b. P.I.O. Report
C. Growth Management Report
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit
request card to Clerk prior to this Item)
VII. CONSENT AGENDA:
a. Consideration of approving Minutes from the April 6, 2000 Regular City Council
Meeting.
b. Consideration of rejecting Bid for Professional Planning Services.
C. Consideration of awarding Bid for Municipal Complex Ball Field Irrigation
Pump.
d. Consideration of rejecting Bids for Document Imaging Services.
VIII. PUBLIC HEARINGS:
a. 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
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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. (Advertised Public Hearing; Approved on first reading
February 18, 1999; Consideration on Second Reading and Adoption).
b. 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. (Advertised Public Hearing; Continued from
Regular Meetings 3/2/00, 3/16/00 and 4/6/00; Consideration on Second Reading
and Adoption).
C. 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, 813 and 10 within Ballenisles Planned
Community District. (Advertised Public Hearing; Continued from Regular
Meeting of 3/2/00 and 4/6/00; Consideration on Second Reading and Adoption).
d. 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. (Advertised Public
Hearing. Approved first reading 4/6/00; Consideration on Second Reading and
Adoption).
e. Ordinance 13, 2000. Consideration of an Ordinance of the City Council of the
City of Palm Beach Gardens, Florida, 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. (Advertised Public Hearing; Approved on first reading April 6, 2000;
Consideration on Second Reading and Adoption).
IX. RESOLUTIONS:
a. Resolution 26, 2000. Consideration of 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 179,000 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 x18.5) feet, located along PGA Boulevard within
the Regional Center DRI and PCD, as more particularly described herein;
providing for conditions of approval.
X. ORDINANCES: (For Consideration of First Reading)
a. 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."
XI. ITEMS FOR COUNCIL ACTION:
a. Advisory Board Liaison Appointments.
XII. ITEMS FOR DISCUSSION:
a. Draft of proposed letter to Governor Bush from Education Advisory Board.
XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XIV. CITY ATTORNEY REPORT:
a. Consideration of Workers' Compensation Claim settlement.
XV. ADJOURNMENT.
In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with
disabilities needing special accommodations to participate in this proceeding should contact the
Human Resources Department, no later than 5 days prior to the proceeding at telephone number
(561) 799 -4200 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers
(800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal
any decision made by the Council, with respect to any matter considered at such meeting or
hearing, they will need a record of the proceedings, and for such purpose, they may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
c.
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TO:
FROM:
SUBJECT:
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and City Council DATE: April 26, 2000
Nabar Enrique Martinez, City Manager P
Information Items for Regular City Council Meeting of May 4, 2000
City Council Agenda:
VII. CONSENT AGENDA:
b. Consideration of rejecting Bids for Professional Planning Services.
Staff recommends rejection of the three proposals received regarding the
engagement of a planning consultant to work with staff to review larger and
complicated development projects and to re- advertise the Request for Proposals.
Criteria for consideration consisted of applicants possessing a strong background
in planning and zoning and having vast experience in the local area.
C. Consideration of awarding bid for Municipal Complex Ball Field Irrigation
Pumping Station. Staff recommends awarding the bid to Murray Logan
Construction, Inc in the sum or $155,407.49. This new station will improve
irrigation system reliability and allow a more efficient watering schedule.
d. Consideration of rejecting bids for Document Imaging Services. Staff
recommends rejection of all proposals based upon the fact that no formal records
management program is in progress. This will allow time to implement a
systematic and legally mandated records management program.
RECOMMENDATION: Consider a motion to approve the Consent Agenda.
VIII. PUBLIC HEARINGS:
a. 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 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.
This is a request from Anthony E. Oliver of Oliver Glidden & Partners, Inc., for
approval of an amendment to the existing PUD know as City Centre.
RECOMMENDATION: Consider a motion to adopt Ordinance 11, 1999 on
second and final reading with conditions.
b. 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.
This is a request from Urban Design Studio, agent for Forest Lake Associaties,
L.C. for PUD approval.
RECOMMENDATION: Consider a motion to adopt Ordinance 4, 2000 on
second and final reading with conditions and waivers.
C. 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.
This is a request by Urban Design Studio, agent for BallenIsles Community
Association, Inc. for an amendment to a previously approved PCD.
RECOMMENDATION: Consider a motion to adopt Ordinance 7, 2000 on
second and final reading with conditions.
d. 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.
This is a request by Urban Design Studio, agent for AGLP Investments No. 2L.P,
to amend the Master Plan for Double Tree PUD.
RECOMMENDATION: Consider a motion to adopt Ordinance 10, 2000 on
second and final reading with conditions and waivers.
e. Ordinance 13, 2000. Consideration of an Ordinance of the City Council of the
City of Palm Beach Gardens, Florida, 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.
This is a City initiated rezoning to designate the former enclave with the Zoning
District CG -1.
RECOMMENDATION: Consider a motion to adopt Ordinance 13, 2000 on
second and final reading.
IX. RESOLUTIONS:
a. Resolution 26,2000. Consideration of 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 179,000 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 x18.5) feet, located along PGA Boulevard within
the Regional Center DRI and PCD, as more particularly described herein;
providing for conditions of approval.
This is a request by Urban Design Studio, agent, for site plan approval of a multi-
use development consisting of three land uses on a 16,19 -acre site divided by
Minsk Gardens Avenue.
RECOMMENDATION: Consider a motion to adopt Resolution 26, 2000
with conditions.
X. ORDINANCES: (For Consideration of First Reading)
a. 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."
Staff is proposing the utilization of a Special Master to hear Code Board cases to
substantiate a professional and legally accepted procedure to hear code violation
cases.
RECOMMENDATION: Consider a motion to place Ordinance 12, 2000 on
first reading, by title only.
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PUBLIC INF
Public Information Related Activities
ON REPORT
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D Written coverage included 24 articles, covering the following areas:
• Demolition of City Hall (Jupiter Courier)
• Articles on staffing levels (Jupiter Courier; PB Post)
• Lobby Piano — three articles (PB Post — 2; Jupiter Courier)
• City Volunteer Program (PB Neighborhood Post)
• District Park (PB Post; Jupiter Courier; Weekday)
• PBG as a Corporate location (PB Post)
• Legacy Place (PB Post)
• Council Chambers (PB Post)
• Speed Monitors on Military Trail (Weekday)
• City's Web site (Jupiter Courier)
• PBG One -Stop Shop for Customer Service (Weekday)
• Parking at Municipal Complex (Jupiter Courier)
• Council Meeting date change (Jupiter Courier)
• Hood Road Extension (PB Post)
• BallenIsles Fairwinds Entry Gate (PB Post)
• Land Sale /PGA Flyover (PB Post)
• Growth in PB County (PB Post Editorial)
• Northlake Boulevard Task Force (PB Neighborhood Post)
• WCI Development Plans (PB Post)
D Broadcast coverage included:
■ Channel 25 Coverage of the Neighborhood Program meeting/Development in the City
D Press Releases covered the following topics:
• PBG One -Stop Shop for Customer Service
• Twelfth Year for Palm Beach Gardens Tree City USA
• Neighborhood Program Meeting
D Special Events Processed/Held in April: 11
• Parallax Productions filming at PGA Park
• Hallmark Kaleidoscope at Gardens Mall
• Palm Beach Community Church Naming Ceremony
• American Cancer Society Relay for Life
• PGA Seniors' Tournament
• Shriner's Circus
• Oakbrook Square Artfest
• Edwin Watt's Golf Shop Annual Tent Event
• Project Graduation Flea Market
• ACDE "Dog Jog"
• Dogwood Avenue Annual Block Party
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Citizen Services Related Activities
40 D Public Information Meeting held with residents to present landscape plan for the
east side of the Thompson River Canal
• Letters sent to 473 residents and 190 businesses along Northlake to provide
information regarding proposed roadway improvements on Northlake near 1 -95.
• Held meeting with Waste Management regarding Customer Service
• Complaints (Requests for Services) processed in April: 63
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Neighborhood Program Related Activities:
■ Held Neighborhood Program meeting; estimated attendance: over 150
■ Sent 18 letters to Homeowner Associations who held annual meeting in March to obtain
information to update City HOA database
■ Researched topics for future Garden Neighborhood Association (GNA) projects: refurbishing
of planter boxes in some of the City's first neighborhoods; pilot project of one neighborhood
entry way sign.
"Buy Into the Gardens" Program:
• Total Purchases for the month of April: $195.00
• Total to date: $18,345.00
Volunteer Program
♦ Current Volunteers: 20
♦ Number of Volunteers currently referred to Departments: 7
♦ Current volunteer hourly rate as established by the nation Point of Light Foundation: $14.30.
o Total savings for the month of March: $1,522.28 (Note: 63.5 of those hours were
calculated at only $5.00 per hours since they were community service hours as opposed to
volunteer hours
Employee- Related Communications
• Published monthly employee newsletter, City Hall Gazette
• Provided welcome and City overview to new employees.
• Organized staff team to address development of single, comprehensive resident
database available to all employees.
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
April 6, 2000
The April 6, 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 Recording Secretary called the roll and the following elected officials were
found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilperson
David Clark, Councilperson Eric Jablin, and Councilperson Carl Sabatello.
ANNOUNCEMENTS: The following agenda items were requested to be postponed:
1. Ordinance 4, 2000 - Site Plan Approval for San Michele - continued to the May 4,
2000 meeting; Ordinance 7, 2000 - Entry Gate for Fairwinds at Ballenlsles - continued to
the May 4, 2000 meeting; Ordinance 8, 2000 - Golf Digest PCD - postponed indefinitely;
Resolution 16, 2000 - The Towers Signage Waivers - continued to the May 4, 2000
meeting; Resolution 28, 2000 - Interlocal Agreement for the North County Park Site -
postponed to the April 17, 2000 meeting.
Mayor Russo announced that the regular meeting of April 20 would be rescheduled for
April 17, 2000 since April 20 was Passover.
CITY MANAGER REPORT: Construction Manager Casto reported the old City Hall was
rapidly being dismantled, and was estimated to be totally removed from the site by April
14, 2000, at which time work on the parking lot could begin. The annex building had been
removed and grading of that area had begun. The laminate problems in the new building
had been attributed to faulty glue, and the subcontractor would be removing and replacing
the laminate. Mr. Casto reported work was continuing on the air conditioning noise.
Councilperson Furtado requested that something be done about the laminate fumes.
PUBLIC INFORMATION REPORT: Public Information Officer Beth Ingold Love
announced the opening of the City's website, ci. pal m_beach —gardens.fWs, and that a date
needed to be set for the annual advisory board recognition event in May. Concern was
expressed regarding death of an employee0s child and the fact that no one on the City
Council had known about it, and a new procedure was recommended so that members
would be notified in the future. Councilperson Furtado announced that the husband of
former Councilperson Linda Monroe had passed away and in lieu of flowers donations
were being accepted to provide a bench in his honor at the City Municipal Complex.
Problems with the telephone system were discussed. The City Manager commented that
Ernie Carr was working on the system in addition his regular job duties.
GROWTH MANAGEMENT REPORT: Growth Management Director Roxanne Manning
announced that one Planner vacancy had been filled and there were several good
applicants for the other vacancy, that code revision was continuing and another workshop
was scheduled for April 27, and that the first draft of the pattern book was expected within
a month.
COMMENTS FROM THE PUBLIC:
10 Sam Carsillo - Mr. Carsillo described a recent speeding accident and recommended using
unmarked police cars. Mayor Russo requested a report at the next meeting from the
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0 CITY COUNCIL REGULAR MEETING, 4/6/2000 2
Police Chief on the speeding issue. Mr. Carsillo discussed stopping trail whistles and
suggested a solution for the crossings. Councilperson Furtado provided new criteria for
railroad gates, reported the government was working toward quiet zones, and commented
there were things that could be done by the City. Mr. Carsillo requested a meeting with the
Public Information Officer to air his grievances and obtain answers. Mr. Carsillo expressed
thanks that crossing guards had been given a raise, commented that more work was
needed on handicap spaces at Costco, questioned the cost of outside contractors doing
landscaping maintenance, and advocated moving mailboxes along Military Trail. Mr.
Carsillo questioned why good employees were leaving, asked why Mr. O'Rourke was
acting as Human Resources Director, and what qualified the Fire Chief to act as a Public
Works Director. Mr. Carsillo commented that he would ask those questions when he met
with the Public Information Officer.
Jody Bird - Jody Bird expressed concern about staff leaving, legal fees charged by the City
Attorney, and related her experience in working for the City. Mayor Russo commented
that the City Manager needed to be allowed to do his job and that City Council could not
interfere but would evaluated his performance at the proper time. Mayor Russo
commented that he was not happy to lose employees but if they wanted to further their
careers he wished them luck. The City Manager commented that one individual had been
offered a contract to continue working until a replacement had been found but did not
follow through.
Pat Hughey - Pat Hughey reported she served on the GNA as a representative for Palm
Beach Squares but was not speaking for them but for herself and for her neighbors to
express concerns and objections regarding the proposed cut through on the median strip
on Military Trail between Northlake Boulevard and Arbor Way. Safety hazards were
described, requested a study of the roadways to insure that the current State roadbuilding
standards and permit procedures were being met and administered, requested installation
of a traffic light at Arbor Way and Military Trail. Ms. Hughey presented her comments in
writing.
Michael Wood - Michael Wood commented he had been working with City staff on a plat
of Marina Gardens, and commended staff and the City Manager for their work.
Mayor Russo expressed willingness to discuss issues with Jody Bird and any other
residents.
CONSENT AGENDA:
Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion.
Motion carried 5 -0. The following items were approved on the Consent Agenda:
1. Approval of Minutes of 3/16/00 City Council Regular Meeting.
2. Awarding of Bid for Refurbishment of Medic Truck
3. Awarding of Bid for Purchase of a Service Truck for Public Works
4. Consideration of Approval of Special Event Application for Shriner's Circus
5. Resolution 24, 2000 - Consideration of Approval of Abandonment of Easement at NorthCorp
6. Resolution 31, 2000 - Consideration to Release a Development Agreement at NorthCorp
PCD
7. Resolution 34, 2000 - Consideration to Approve the Plat of Marina Gardens
0 CITY COUNCIL REGULAR MEETING, 4/6/2000 3
PUBLIC HEARINGS:
Ordinance 4, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
4, 2000 - San Michele, Parcel 4.08, duly advertised 2/17/2000, continued from the 3/2/2000 regular
meeting, for consideration of Second Reading and adoption. There were no comments from the
public.
Councilwoman Furtado made a motion to continue the Public Hearing for Ordinance 4, 2000 to May
4, 2000. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 6, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
6, 2000 - Gardens Corporate Center Phase 2, duly advertised and continued from regular meetings
of 3/2/00 and 3/16/00, for Consideration of Second Reading and adoption. Planner Jim Norquest
reviewed the project. Ed Oliver, Oliver Glidden Partners, agent for the petitioner, spoke on behalf
of the petitioner. Three of the City Council members expressed dissatisfaction with the design.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilman Clark made a motion to grant a continuance of Ordinance 6, 2000 for petitioner to work
with staff. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 7, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
7, 2000 - Fairwinds at Ballenlsles Entry Gate for Parcels 8A, 8B, and 10, duly advertised and
continued from the regular meeting of 3/2/00, for consideration of Second Reading and adoption.
There were no comments from the public.
Councilman Clark made a motion to continue the Public Hearing for Ordinance 7, 2000 to May 4,
2000. Vice Chair Jablin seconded the motion, which carried by unanimous 5 -0 vote.
Ordinance 8, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
8, 2000 - Providing for Amendment to the Golf Digest PCD, duly advertised and continued from the
3/16/00 regular meeting, for consideration of Second Reading and Adoption. Staff recommended
postponement. Ann Booth, Urban Design Studio, spoke on behalf of the petitioner. There were no
comments from the public. Mayor Russo declared the Public Hearing closed.
Councilwoman Furtado made a motion to table Ordinance 8, 2000. Councilman Clark seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 16, 2000 - Councilwoman Furtado made a motion to continue Resolution 16, 2000 - The
Towers Signage Waivers, duly advertised and continued from Regular Meeting of 3/2/2000, to the
May 4, 2000 Regular City Council meeting. Councilman Clark seconded the motion, which carried
by unanimous 5 -0 vote.
Resolution 27, 2000 - Mayor Russo declared the Public Hearing open, duly advertised and held on
the intent of Resolution 27, 2000, Consideration of Approval for a Sign Variance for NorthMil Plaza.
The comments made earlier in the meeting by Pat Hughey were incorporated into the Public
Hearing. Principal Planner Steve Cramer reviewed the proposed sign variance. Henry Skokowski
spoke on behalf of the petitioner.
Councilman Clark made a motion to approve Resolution 27, 2000.
Motion was seconded, and carried 3 -2 with Mayor Russo and Councilwoman Furtado opposing.
Councilman Clark made a motion to reconsider Resolution 27, 2000. Motion was seconded the
motion, which carried by unanimous 5 -0 vote.
Resolution 27, 2000. Hearing no comments from the public, Mayor Russo called for any other
comments for or against Russo declared the Public Hearing closed.
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• CITY COUNCIL REGULAR MEETING, 4/6/2000 4
Councilman Clark made a motion to approve Resolution 27, 2000. Motion was seconded, and
carried 3 -2 with Mayor Russo and Councilwoman Furtado opposing.
Ordinance 11, 2000 - Mayor Russo declared the Public Hearing open, duly advertised and held on
the intent of Ordinance 11, 2000, Providing for Amendment to Fire Pension Fund - for Consideration
of Second Reading and adoption. Hearing no comments from the public, Mayor Russo declared the
Public Hearing closed.
Councilman Clark made a motion to adopt Ordinance 11, 2000 upon Second Reading by title only.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The Recording
Secretary read Ordinance 11, 2000 on Second Reading by title only.
RESOLUTIONS:
Resolution 10, 2000 - Councilman Clark made a motion to approve Resolution 10, 2000 -
Consideration of Approval of Appointments to the Charter Review Committee, with the names
Jonathan Gerber, Leonard Rubin, Phil Lydon, Gary Fields, Steve Mathison, Allen Lavin, and
Richard Gruenwald inserted in the blanks in Section One. Vice Mayor Jablin seconded the motion,
which carried by unanimous 5 -0 vote.
Resolution 25, 2000 - Growth Management Director Roxanne Manning presented the petition.
Henry Skokowksi spoke on behalf of the petitioner. Councilwoman Furtado made a motion to
approve Resolution 25, 2000 - Consideration of Approval of an NOPC for the Regional Center DRI
to Amend the Commercial Square Footage for the Regional Center PCD. Motion was seconded and
carried by 3 -1 vote with Mayor Russo opposing.
Resolution 26, 2000 - Growth Management Director Roxanne Manning presented the petition for
Resolution 26, 2000 - Consideration of Approval of Site Plan for Parcels 27.05 and 27.06 (part of
Regional Center DRI located along PGA Boulevard north of PBCC), and explained that staff had
no concerns with the site plan or uses but was requesting guidance from the City Council to help the
petitioner in redesign of the buildings. Mayor Russo expressed concern with the concept of an
extended stay hotel. Henry Skokowski spoke on behalf of the petitioner and described the
architecture of the buildings. Direction from the City Council was that the uses were acceptable,
however, the petitioner was requested to make changes to the towers as discussed and to design the
buildings as specialty shops. Staff advised that drainage plans were not yet complete.
Resolution 30, 2000 - Following comments by staff and presentation on behalf of the petitioner by
Henry Skokowski, Councilman Clark made a motion to approve Resolution 30, 2000 - Consideration
of Approval of Site Plan for Lot 2A (design center on RCA Boulevard east of Hampton Inn in
Northcorp). Motion was seconded by Vice Chair Jablin and carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 10, 2000 - Councilman Clark made a motion to place Ordinance 10, 2000 - Providing for
an Amendment to the Doubletree PUD on First Reading by title only. Vice Mayor Jablin seconded
the motion, which carried by unanimous 5 -0 vote. The Recording Secretary read Ordinance 10, 2000
on First Reading by title only.
Ordinance 13, 2000 - Councilman Clark made a motion to place Ordinance 13, 2000 - Providing for
Rezoning of Former Enclave at Northlake and Military Trail on First Reading by title only. Vice
• Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The Recording Secretary
read Ordinance 13, 2000 on First Reading by title only.
CITY COUNCIL REGULAR MEETING, 4/6/2000 5
ITEMS FOR DISCUSSION:
City Manager Goals and Objectives - The City Manager reported he had not received any goals but
had received direction from some members of the Council, and announced he would be presenting
a strategic plan the next month. Consensus was to link the goals to the strategic plan.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Vice Mayor Jablin - Vice Mayor Jablin suggested using small radar speed display units that could
be attached to telephone poles to help slow traffic on Military Trail, and reported that Commissioner
Marcus had indicated matching funding could be available from the county. Vice Mayor Jablin
requested that the Police Chief provide a presentation on these radar units at the next meeting. Vice
Mayor Jablin recommended four flat screen monitors for the Council chambers. Discussion ensued.
It was the consensus of the City Council to bring in a consultant to consider the best type of
monitors and solutions to the other problems of the whole room. The Vice Mayor explained that the
piano in the lobby was on loan to the City while donations were being sought.
Councilwoman Furtado - Councilwoman Furtado distributed information regarding what needed to
be done to obtain traffic lights at Gardenia and Military Trail and at the BallenIsles entry on
Northlake Boulevard; information regarding the train whistles, and information on littoral plantings.
Councilwoman Furtado reported that the County had invested $55,000 for grant writing last year
for which they had received $8 million with five grants still pending.
Councilman Sabatello - Councilman Sabatello suggested everyone write down their concerns
• regarding the council chambers and the new city hall and give them to the City Manager.
Councilman Sabatello reported staff was working on a new landscaping plan.
Mayor Russo - Mayor Russo reported he had met with Leo Noble and Tom Lynch regarding a
school site, and had given the City Manager the name of an individual to contact regarding that
matter. The Mayor reported that the proposal to eliminate school magnet programs had been
forwarded to the Vice Mayor to obtain a recommendation from the Educational Advisory Board for
a Resolution by the City on this issue.
CITY ATTORNEY REPORT: The City Attorney reported the meeting regarding the PGA
Flyover had been held but the MacArthur Foundation had not attended.
•
0 CITY COUNCIL REGULAR MEETING, 4/6/2000
•
11'11
ADJOURNMENT : There being no further business to discuss, upon motion by Councilwoman
Furtado, 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
LAUREN FURTADO
COUNCILMAN DAVID CLARK
MAYOR PRO TEMP CARL SABATELLO
ATTEST:
PATRICIA SNIDER
RECORDING SECRETARY
0 CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
Meeting Date: April 6, 2000
Date Prepared: March 27, 2000
Subject/Agenda Item: Request for Proposals to hire a planning consultant to review large
development projects
Recommendation /Motion: Staff recommends rejecting the three proposals received, and
re- advertising the Request for Proposals
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Planning Qivision
Total
[ ] Approved
ACM
/� (�
$
[ ] Approved w /conditions
Finance /`v�V
Current FY
��-�'
[ ]Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
a3 . (> • o V
Paper:
[ ] Not Required
[ ] Other
Submitted by:
g .Director
Affected parties
( ] Notified
Budget Acct. #:
[ X ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
On February 28, 2000, the City staff advertised a Request for Proposals (RFP) to hire a
planning consultant for professional planning services to review a limited number of
large development projects with complex technical issues. A fee not to exceed $15,000
was indicated in the RFP. The selected consultant would be expected to process
assigned development applications through the development review process, including
making presentations and recommendations to the Planning and Zoning Commission
and to the City Council. 0,'u A& pm r
. The following firms submitted proposals in response to the RFP:
1. American Consulting Engineers, Inc.
Wellington, Florida
2. Calvin, Giordano and Associates, Inc.
Fort Lauderdale, Florida
3. LaRue Planning & Management Services, Inc.
Fort Myers, Florida
The fee for each proposal is $15,000.
Analysis
Staff based its review of the proposals on the need for a consultant with a strong
background in planning and zoning, and the preference to work with a consultant from
the local area. None of the above consultants met both of these criteria.
• Recommendation
Staff recommends rejecting all three proposals and re- advertising the RFP.
d: \sc \p1gconsu1t.cc0300
•
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: April 24, 2000
SubjectlAgenda Item: Awarding of bid for Municipal Complex Ball Fields Irrigation
Pumping Station
Recommendation /Motion: Consider motion to award contract to Murray Logan
Construction, Inc. per piggy -back on contract number N0024.03, Northern Palm
County Improvement District.
Reviewed by:
Originating Dept.:
Costs: $ 155,407.49
Council Action:
City Engineer
Total
City Attorney
[ ) Approved
Finance K�c
$155,407.49
[ ] Approved w/wndHions
ACM
Current FY
[ ] Denied
Human Res.
Other
Funding ource:
9
[ ]Continued to:
Advertised: NA
Attachments:
Date:
[ ] Operating
Paper:
[ x ] Other
Contract from Murray
Bond Proceeds
Logan Construction, Inc.
Submitted by:
[ x ] Not Required
Dan Clark
Affected parties
[ ] Notified
Budget Acct. #:
23- 0900 - 519.6200
( ] None
Approved by:
City Manag er
[ x ] Not required
BACKGROUND:
The reliability of the existing pumping station is poor and the capacity of the existing
pump station is such that it takes too long to irrigate the baseball and soccer
facilities. The original design of the irrigation system for the ball fields did not
include a new pump station.
DISCUSSION:
Murray Logan will be installing a duplex pumping station near the Weiss School
property boundary just south of Burns Road. Several enhancements have been
made to improve the capacity and reliability of this station over the existing station.
•
In particular, the capacity is more than doubled to 800 gpm. The intake is screened
to minimize plugging pump and irrigation system components. The screen is
mechanically cleaned to facilitate continuous operations of the pumping station.
To decrease installation costs, the intake will draw from the Thompson River Canal
via the existing stormdrain for the ball fields.
This new station will improve irrigation system reliability and allow a more efficient
watering schedule. Overall maintenance costs will decrease and dependence on
SUA as a source for irrigation water will be eliminated.
This construction quotation /contract from Murray Logan is based on a contract
Murray Logan has with Northern Palm Beach County Improvement District. We are
piggy- backing on Northern Palm Beach County's contract number N0024.03 Annual
Minor Projects General Contracting Services, awarded to Murray Logan, Contractors
June 9, 1999
RECOMMENDATION:
Award contract to Murray Logan Construction, Inc. per piggy -back on contract
number N0024.03, Northern Palm County Improvement District in the amount of
$155,407.49.
0 CC: i w
04/24/2000 12:42 561 - 686 -7465
MURRAY LOGAN CONST
AIU"A Y'L OG.A:N CONSTR UCTION, INC
-
General Contractors
313 65th TRAIL NORTH
WEST PALM BEACH. FLORIDA 33413
OUQTATION
Lindnhl, Browning, Ferrari & Hellstrom, Inc.
'D 3550 S.W. Corp. Parkway
Palm City, FL. 33990
PAGE 02
TELEPHONE 686 -3948
April 24, 2000
DATE. Revision #5 - Alt #2
(REVISED)
NAME OF PR *JI! m Beach Gardens Soccer Field Irrigation Pumping Station, Revised Quotation
LOCATION palm Beach Gardens, Florida
PLANS AND IWI%ted Dec. 1999
WE PROPOSE TO FURNISH ALL LABOR, MATERIAL ANO EQUIPMENT TO PERFORM THE FOLLOWING:
1. Construct Pump Station as Follows:
a. SupplWinstall Floboy model FBLTV- 800 - 110 -40 -1- 3460 -PR -A pump with VFD by-
pass
4. Supply/install 8" pvc force main, fittings and valves and connect to existing main on north
side of burns road.
C, Supplyiinstall water service with hose bibb and RPZ,
d. Supplyfinstall fence around pump station.
18 e. Form and pour concrete slab within fenced area..
f. Supply/install a 6' dia. wet well with 24" CAP connecting to. existing manhole_
g. Supply /'install self cleaning screen
FOR THE LUMP SUM OR $155,407.49
Notes_
1. Price quoted does not include the F.P. & L fees_
MURRAY LOGAN CONSTRUCTION. INC. CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS:
BVYER$ SIGNED ACCEPTANCE WILL CONSTITUTE A SINUING CONTRACT
IN THE EVENT THERE IS ANY DEFAULT IN PAYMENTS DUE UNOEF THIS CONTRACTANO THE SAME IS PLACED IN THE HANDS OFAN ATTORNEY FOR COLLECTION, THE PURCHASER
Aµo•oR PURCHASERS. HEREBY AOR£ES TO PAY ALL COST OF COLLECTION. INCLUDING A QFA50NABLE ATTORNEY•5 FEE
6CEPTED:
MURRAY LOGAN CONSTRUCTION IN
3
GY
DATE TITLE
04/24/2000 12:42 561 -686 -7465 MURRAY LOGAN CONST
MU.RR,4 X LOGAN CONSTRUCTION, INC.
General Contractors
313 65th TRAIL NORTH
Ocellence WEST PALM BEACH, FLORIDA 33413
Since TELEPHONE (561) 686 -3948
1968 FAX (561) 686 -7465
•
is
Labor & Equipment
DESCRIPTION
1.
5 man. crew
2.
1 1/2 cy backhoe
3.
3 Cy loader
4.
Well point system
5.
6" let Pump
6.
18 cy dump truck
7_
50 ton lowboy
8.
2 1/2 ton flat bed
9.
45 ton crane
COST BLEAK DOWN;
Revision #5, Alt. #2
0(t- 1/150cn 41zH{a�
RATE
219 hours @ $126/hr
124 hours @ $100/hr -
172 hours @ $65/hr
32 hours @ $25/hr
16 hours @ $25/hr-
16 hours @ $451hr
16 hours @ $65/hr
2,4 -hours @ $ 30/hr
48 hours @ $100/hr
Material and Subcontractors:
DESCRIPTION
1.
Foboy pump station
2.
Pipe, fitting a d accessories
3.
Precast concrete structure
4.
Concrete slab
5.
Misr. items
6_
Electrical
7.
Fencing
8.
Water service w/ backflow
9.
Spare fan
10.
Lakos Plum Creek 192430 screen
Cost smmmau .
Labor & Equipment
Materials and subcontractors
Grand Total:
Quantity
1 Is
1 is
1 is
1 Is
11s
1 is
1 Is
1 is
1 Is
I is
Sub Total:
15% o_p,
Total:
$59,654.00
$95,753.49
$1155,407.49
COST
$27,594.00
$12,400.00
511,180.00
$800 -00
$400.00
$720.00
$1,040.00
$720.00
$4,800.00
$59,654.00
COST
$48,502.00
$5,701.00
$3,865.00
'$1,810.00
$3,291.00
$ 12,668,00
$3,500.00
51,500.00
$450.06
$1976.90
$83,263.90
$12,489.59
$95,753.49
PAGE 03
COMMUNICATION RESULT REPORT ( APR.24.2000 3 :06PM )
TTI
FILE MODE OPTION ADDRESS (GROUP) RESULT
------------------------------------------------------------------------------
o7 MEMORY TX 15617994190 OK
REASON FOR ERROR
E -1) HANG UP OR LINE FAIL
E -3) NO ANSWER
L bf
hINC,
CONS{JITING CIVIL
ENGINEERS, SURVEYORS
& MAPPERS
❑ a" Colonial Road, suite 201
Fort Pierce, FL 34950
(561) 461 -2450
Fox (561) 465 -1225
❑ 421 3rd Street
34
Okeechocho bee, FL 34972
(941) 7634999
Fax(941)763 -8692
❑ 3550 S.W. Corporate Parkway
Palm City, Fl_ 34990
(561) 286 -3883
Fax (561) 288 -3925
P. 1
L B F H INC
PAGE
E -2) BUSY
E -4) NO FACSIMILE CONNECTION
I
FAX Cover
a
Sheet
7 I i
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Date: � c���_ �d Q d
Please deliver the following pages) to=
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Name:
Firm Name: I
Fax Number. 0 _ Phone Number: t )
Wo are transmitting .Sl, pag�(s), lnduding this sheet If you do not recefi a all of the pages, please
i
notify:
1 r
Sender.
i
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MESSAGE:
j {y'� ,
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I
P. 5/5
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: April 26, 2000
Meeting Date: May 4, 2000
Subject/Agenda Item
Award of Bid - Document Imaging Services
Recommendation /Motion:
Reject all proposals at this time and proceed with implementing a Records Management
Policy and Program.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
City Clerk /
[ ] Approved
Finance
p(
�2L
$ 0
Current FY
[ ] Approved w/
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date: March 10, 2000
[ ] Operating
Attachments:
Paper: Palm Beach Post
[ ] Not Required
[ ] Other N/A
Memorandum
Submitted by:
Carol Gold
Departmen ctor
Di
Affected parties
[ ] Notified
Budget Acct. #: NIA
( ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
CITY OF PALM
ME
a t/'
f
Xf
1 CC.
H GARDENS
UM
/tIJV1
TO: /Nabar E. Martinez, City Manager DATE: April 14, 2000
u/
APPROVED Beth Ingold -Love, Assistant to the City Manager �-
/j
FROM: Carol Gold, Interim City Clerk'
SUBJECT: RFP — Document Imaging Services
DISCUSSION:
Yesterday, Proposals for Document Imaging Services were received until 2:00 p.m. and
opened in the Council Chambers of City Hall. In attendance were Kent Olson, Finance
Director and Carol Gold, Interim City Clerk. One alternate and 5 regular proposals were
read into the record.
Upon discovering the City's lack of a true "Records Management Program" and
• evaluating the proposals received, I would like to recommend rejecting all proposals at
this time and proceed with implementing a Records Management Policy and Program.
The initial step would be to inventory City records and detennine which records may be
disposed of in accordance with State law. Secondly, have records of a permanent and
vital nature microfilmed and dispose of the hard copy. Records of short -term value (i.e. 3
—9 year retention periods) would be indexed, stored and/or scanned for retrieval purposes.
Records with long -tern or permanent value could be scanned from microfilm determined
by the demand for retrieval.
All City departments must be involved in the inventory process with guidance from the
City Clerk since the originators of files are extremely cognizant of their long -term value.
If the City actively pursues a Records Management Program before files are "put away,"
perhaps we can eliminate the mismanagement of our records.
Cc: Kent Olson, Finance Director
Patricia Snyder, Administrative Secretary to the City Manager
•
y
3
4
1
•
Ul
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
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 aDDroval of Ordinance 11. 1999_
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorne l -1/
ty
Total
Growth Management
[) Approved
Finance NA
$
[ ] Approved w /conditions
ACM
1
Current FY
�,/
My
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 4/19/00
[ ] Operating
Ordinance 11, 1999
Paper: Palm Beach
[ ] Other
Ordinance 26, 1998
D
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 re"�[�e n
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
40 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).
0 The building materials, signs, and colors remain the same.
rl
2
? C () I
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.
Enqineerinq
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 l_t
• City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -98 -07
STAFF RECOMMENDATION
Staff recommends approval of petition PUD -98 -07 with 4 conditions of approval as listed
below:
1. 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.
is 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)
>.
4
•
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 g p ce 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
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 sicj�w pn the
V NJ L_ V
M
•
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 CG1 C
7
•
•
17J
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -98 -07
Code Requirement
Proposed Plan
Consistent?
CG1 - General Commercial
CG1 - 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
E-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.
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
in full force and effect. (Planning & Zoning)
• 2.
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. �f�ESe•�±
10
• 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 , 2000.
MAYOR JOSEPH RUSSO COUNCILMAN CARL SABATELLO
VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO
is
COUNCILMAN DAVID CLARK
11
l�
u
ATTEST:
CAROL GOLD
INTERIM CITY CLERK
:,v
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
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
glohn: pud9807.cc6
•
•
12
0 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, 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)"
B. Amend Section 3(1) and 3(5) by changing the dates of the final plans to read as
follows:
441. March 3, 1999 Master Plan by Oliver Glidden & Partners, Sheet SP I.
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
February 11, 1999
ORDINANCE 26, 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 15, 19971
WHICH APPROVED A PUD /LANDSCAPE 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 FLAN; 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 Wilson 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 specific 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 powedines 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 tie City's Growth Management Department as follows:
1. January 19, 1999 City Centre Plant List by Oliver- Glidden & 1Aar e[s ,1
prepared by Jay Bridge dated 1/20199. Sheets L -1 and L -2.
• 2. September 15, 1998 City Centre Ellison Wilson Landscape Plan an 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.
y
Section 7, This Ordinance shall be effective upon adoption.
Ordinance 26, 1998
Page 2 ���,,
PLACED ON FIRST READING THIS 7"' DAY OF JANUARY, 1999
PLACED ON SECOND READING THIS 180' DAY OF FEBRUARY, 1999
PASSED A ADOPTED THIS , l D Y 1999
JOSE�PR R. RUSSO C(L Rl
VICE MAYOR LAUREN FURTADO COUNC(�AVI CLARK
I- •
CARL SABATELLO
ATTEST: APPROVED AS TO LEGAL. FORM
LINDA V. KOSIER, CMC, CITY CLERK AW SUFFICIENCY
BY:
j CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
Ordinance 26, 1998
Page 3
AYE NAY ABSENT
•
•
•
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 BUTT DING
PLANNED UNIT DEVELOPMENT FOR SITE PLAN
APPROVAL OF OFFICE, RETATT-, BANK, AND
RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF
APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE.
WNFREAS, the City Council of the City of Palm Beach Gardens hac 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
WNFREAS, 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, TNFREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF PAT -M 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 sign-7 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 Aprils, 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 "A1" 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.
Ordin4ceol j 199x7
Page 2
6. The new construction shall be designed such that the overall P.U.D. meets the City's
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 total new
construction of 1$3.000 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 prcject's�i togs m.
Ordinance 15, 1997
PaaP Z
12. After each phase/building 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 -thiu 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 11, 1997 and July 3, 1996 Landscape Plan by Urban Design Studio. Sheets L -1,
U2, and L -3.
13.
July 1996 Preliminary Site Drainage Plan by Messler and Associates. Sheet C -1.
14.
December 23, 1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet I.
SECTION 4. This Ordinance shall be effective upon adoption.
Ordinance 15, 1997
Pane 4
PLACED ON FIRST READING THIS,,?A)AY OF ` � 1997.
PLACED ON SECOND READING THIS _I? - DAY OF • (�� it—L 1997.
PASSED AND ADO S -DAY OF e4�,Q 1997.
MAYSyJOSEPH R. RUSSO C07 A MONROE
VICE MAYOR LAUREN FURTADO COyACpka5lEM5Ef ERIgJABI_TN
ATTEST:
LINDA V. KOSIER, CMC, CITY CI.FRK
BY: 0,uCA- _
v 6 ,
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
DAVID CLARK
APPROVED AS TO i.FGAL FORM
AND SUFFICIENCY
CITY ATTORNEY
NAY ABSENT
Ordinance 15, 1997
Page 5
•
0
LOCATION MAP
•
•
•
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AGRICULTURAL
WATER RESOURCES
WATER & \N /ASTF\fVATER
TRANSPORTATION
SURVEYING & MAPPING
GIS
•
"Partners For Results
Value by Design"
�50 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883
Fax: (561) 286 -3925
www.lb(h.com
MEMORANDUM
TO: Jack Hanson
FROM: Sean C. Donahue, P.E. v
DATE: March 30, 2000
FILE NO.: 95 -2050
SUBJECT: City Centre
We have reviewed the request for surety reduction letter prepared by Tim
Messler of Messler & 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
PAPR0JECIS\PBGMEM0\2050\2050zb
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LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS. SURVEYORS & MAPPERS
MEMORANDUM
a§.
TO: Kim Glas
kof
FROM: Tammy Jacobs Q
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
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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 corner of the fountain area.
13) Previously Satisfied. The applicant has identified the sidewalk width as 5' minimum.
TJ
PAPBGMEMO\2050z3.doc
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Roxanne Manning
•
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LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS. SURVEYORS & MAPPERS
TO: Kim Glas
FROM: Tammy Jacobs
DATE: February 11, 1999
MEMORANDUM
SUBJECT: City Centre, Parcel F
City of P.B. Gardens
Fig 16 ISN
GROW
DEPARTMENT
(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 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.
TJ
P:\P13GMEM0\2050z5.doc
C: Bobbie Herakovich
Roxanne Manning
00
3550 S.W. CORPORATE PARKWAY - PALM Cay- FLORIDA 34990 - (561) 286 -3883 - FAX: (561) 286 -3925
httpj /www.lbfh.com - e- trail: info@thfh.00m
. e.r<T PAJ kA "FA(-14 FORT PIERCE OKEECHOBEE
•
CTI Y COUNCIL REGULAR MEETING, 5/15/97 13
Ordinance 26, 1997
Commission unanimously recommended approval with seven
conditions. One of the conditions was that the turn out radii be a
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
revieNyed 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
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 signageacl4 J
•
•
•
CITY COUNCIL REGULAR MEETING, 5/15/97
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
14
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 wall 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 7ablin 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, 6/19197 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
plan for the Westwood Gardens/Westwood Lakes PlannedAlni bDevelopment
located south of Hood Road and east and west of I -95, by modifying the
Memorandum
To: Chief FitzGerald
From: Sergeant Spencer *�
Subject: Justification for Open/or Glass 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
Apr -05 -99 13:32 OLIVER GLIDDEN
15616846890 P.01
OLIVER • G1ADDEIN & PARTNERS
ARCHITECTS & PLANNERS, INC.
1401 FORUM WAY, SUITE, 100 1--t70LIVE•R
WEST PALM RFACH, FWRIDA 7_t401 JOIIN GLIDOEN
561.684 -6841 ! FAX 561 - 684,6990 DANIEL 13ROWN
KE1'i'H CPINA
April 2, 1999
Kim Glass
Principal Planner
Planning and Zoning
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410 dc�
RE: City Centre PUD - Amendment
Parcel "F"
Palm Beach Gardens, Florida
Project No. 98197 d
0 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
AEO:jmlVprojactt68�ccf61 B 7ljrue32B. nr
members 0f the american institute Of arc hi tc ts,:.
•
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda M. Francis who on oath says that
she is Classified Advertising Supervisor of The Palm Beach Post, a daily and Sunday
newspaper published at West Palm Beach in Palm Beach County, Florida; that the attached
copy of advertising, being a Notice in the matter of Ord. 11, 1999 in the - - -- Court, was
published in said newspaper in the issues of March 3, 1999.
Affiant further says that the said The Post is a newspaper published at West Palm Beach, in
said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, daily and Sunday and has been
entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has neither paid nor promised any
person, firm or corporation any discount rebate, commission or refund for the purpose of
securing this advertisement for publication iMsw' wspaper.
�
Sworn to and subscribed before me this 3 day of March A.D. 1999
%�X/1 /414
/ / 1
Personally known XX or Produced Identification
Type of Identification Produced
Yl. rir.��l:i/iiir;i• %r:� =r: !llr.�llili�la...r
,: �'''�' ✓.9 �..:SCif : °.'.CLiliiG(1 �c'.
c ` i; r'zr;r i'ai: +; . Ct; 591337 I:
(., L¢an.^ '•n-, h.: +Y F.. x. Sc. +:cc & bor.2.n;y Co. tt
03- 08- 99PO4:49 RCVD
NO. 567476 .
NOTICE OF PUBLIC HEARING
BY THE
CITY COUNCIL'
•...CITY OF::':, i
PALM BEACH GARDENS
STATE OF FLORIDA I
PLEASE TAKE" NOTICE:'. that
the City Council of the City of
Palm Beach Gardens ;'Florida,'
will on Thursday,. _March .18,.;
1999, at 7:30 P.M. o'clock, or i
as soon thereafter as can be.i
heard; at the Municipal Com-..11
plex Building located at. 105061
North Military .. Trail, - ..Palm"
Beach Gardens; - Florida; .icon=,,
duct a public: hearing on;,and
thereafter considerRnal,fead-
Ing of the following'.Ordi l
ORDINANCE 11, 1999 'A
AN ORDINANCE -,OF THE :CITY c
COUNCIL OF THE CITY :OF
�
PALM . BEACH,- 'GARDENS,
FLORIDA, 'PROVIDING FOR AN '
AMENDMENT TO.:THE EXIST-
ING PLANNED UNIT DEVELOP-
MENT KNOWN AS. +'CITY. CEN=
THE'+; . LOCATED AT .' - -THE
INTERSECTION OFPGA-BOU-
LEVARD AND. U.S. HIGHWAY
ONE .ON THE SOUTH SIDE OF
PGA BOULEVARD; TO AMEND
ORDINANCE 15; .1997•.70 RE-
VISE THE APPROVED MASTER
PLAN FOR PARCEL.F; TO RE-
DUCE THE BUILDING HEIGHT
FROM II STORIES -TO 6; TO
SLIGHTLY CHANGE THE DE-
SIGN 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 AP-:
PROVED MASTER PHASING
PLAN; TO REVISE THE AP-
PROVED ELEVATIONS; TO RE-
VISE THE APPROVED FLOOR
PLANS;. AND TO REVISE THE
APPROVED PARKING GARAGE
PLANS; PROVIDING FOR CON-
DITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFEC-
TIVE DATE.
All members of the public are
requested to attend and par-
ticipate in said meeting. Said
proposed Ordinance may be
Inspected by members of the
public in the Office of the City
Clerk located at the Municipal
Complex Building during regu-
lar .business hours, Monday
through Friday, 8:00 a.m.' -
4:30 p.m., except for holidays.
PLEASE TAKE NOTICE AND
SE ADVISED, that if any inter-
ested person desires to ap-
peal any decision made -by, the
City ;Council,, "with respect to
any matter, considered at this
hearing, such Interested per-
son will need a record .of the
proceedings, and for such pur-
pose may need to ensure a
verbatim record of the pro-
ceedings is made, which -re-
cord Includes the testimony
and evidence upon which the
appeal Is to be based.
LINDA V. KOSIER, CMC
CITY CLERK
CITY OF
PALM BEACH GARDENS
PUBLISH: March 3, 1999
Palm Beach Post
�y
• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
r�
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
SUBJECT /AGENDA ITEM:
Public Hearing & Second Reading for Ordinance 4, 2000, a request for Planned Unit
Development (PUD) approval for 91 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
,� 1
J
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date: 2116/00
[ ] Operating
• Ordinance 4, 2000
Paper:
[ ] Other
• Letter dated 3/6/00
Palm Beach Post
• Waiver requests
• Environmental sign -
off from Jim Schnelle
FPL letter dated
12/1/99
• Seacoast Utility letter
dated 3/13/00
• Memo from City
Forester dated 117/00
• Crime matrix
• Aerial photograph
' 7 d
[ ] Not Required
• Site plan
Subm't e
Gr nag me
Affected parties
Budget Acct. #::
Direct -
[ X ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
•
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 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 (91) single family homes are being proposed, along with a
3,000 square -foot clubhouse. (25 06-41 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 91 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
•
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 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 91 single - family
custom homes, a 3,000 square -foot clubhouse, a pool, and two tennis courts.
SHP. ArrPSS
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.
Phasinq
The proposed project will be built in one phase.
K
City Council
Meeting Date: May 4, 2000
Date Prepared: April.12, 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 has stated that the applicant needs to resolve the easement issue for the 138
KVA FPL transmission main along the west property line, prior to site plan approval.
The City Attorney, however, has advised Planning and Zoning Staff that we cannot hold
up this petition while awaiting the resolution of a third -party dispute.
4 n . ;r
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
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
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.
Planninq & Zoninq 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.
5
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
South Florida Water Management District (SFWMD)
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:
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
6 n 005�
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
changing the individually owned 32 -foot lake maintenance easement to a 20 -foot
easement that is commonly owned.
A workshop on drainage, lake maintenance easements, and school bus issues was held
on February 17, 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 a-
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:
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
7
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
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.
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, where 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.
Due to the number of continuances granted so far (3), Staff recommends that this
petition b postponed if it is not voted on at the May 4, 2000 hearing.
As of the date of this report, City Staff has received no public comment on this project.
OUTSTANDING ISSUES:
The issue of the FPL right -of- way /easement along the western boundary of the site has
not yet been resolved. Also, as of the preparation of this report, the City and the
applicant have not agreed on language for the Unit 2 drainage condition.
RECOMMENDATION:
Staff recommends approval of petition PUD -99 -03 with the following conditions and
waivers (revisions are underlined 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 road shoulders and median within the riqht -of -way)
8
0
•
0
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
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 45t�' 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, and the elevations of the
all siqns. This approval shall be done as a miscellaneous petition, and shall not
E
4,'
•
City council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
•
10 0 0061
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.
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 & 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)
•
10 0 0061
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
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)
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 Enqineer)
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
JO 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.
11
0 01 00 a
U-.�
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
Subject Property
Vacant/Undeveloped
North
Planned Development
Area
(PDA)
Residential — Low Density
(RL)
Planned Development
Residential — Low Density
Area
(RL)
Vacant/Undeveloped
(PDA)
(proposed Benjamin High
School)
South
Planned Development
Residential — High Density
Area
(RH)
Vacant/Undeveloped
(PDA)
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
12+(�
•
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -03
Cors�stent x . Code Requirement_
�...x.
Yes Residential — Low Density
P oposecllan
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
for RL -3: 36 feet
Yes
Front Setback for RL -3:
Front Setback:
25 feet
25 feet
No
Side Setback for RL -3:
Side Setback:
(waiver)
7.5 feet for 75' wide lots
5 feet
9 feet for 90' wide lots
No
Side Setback Facing A
Side Setback Facing A
(waiver)
Street for RL -3: 20 feet
Street: 5 feet
No
Rear Setback for RL -3:
Rear Setback:
(waiver)
10 feet
3 feet
glohn: pud9903.cc5
•
13
April 12, 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 91 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
. THE CITY OF PALM BEACH GARDENS, FLORIDA:
14 C 0 Ci J
Ordinance 4, 2000
Date Prepared: April 12, 2000
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 comer 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 91
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:
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 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 45th 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
15
0000
Ordinance 4, 2000
Date Prepared: April 12, 2000
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'Distdct. 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, 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
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
16
L' 0 i,? �
Ordinance 4, 2000
Date Prepared: April 12, 2000
17
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
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
17
Ordinance 4, 2000
Date Prepared: April 12, 2000
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)
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 5 -foot setback.
5.
Minimum side setback — Section 118- 200(g)(2) which requires
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- 20;0(g)(4) which requires
a minimum setback of 10 feet for all vertical structures, to allow
for a 3 -foot setback.
7.
Littoral planting zones — Section 98 -106 which requires littoral
planting in the lakes on the site, to allow for no littoral plantings
in the lakes on the site.
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.
•
18
C, C ;�
Ordinance 4, 2000
Date Prepared: April 12, 2000
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.
March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -1
(1 sheet total).
2.
March 6, 2000 Master Plan PUD, Urban Design Studio, Sheet SP -2
(1 sheet total).
3.
March 6, 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.
November 24, 1999 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.
December 22, 1999 Plant List, Urban Design Studio, (1 sheet total).
11.
March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -7 (1
sheet total).
12.
March 6, 2000 Streetscape Plan, Urban Design Studio, Sheet L -8 (1
sheet total).
13.
October 29, 1999 Median Legend & Detail Sheet, Urban Design
Studio, Sheet L -9 (1 sheet total).
14.
November 3, 1999 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.
December 22, 1999 Upland Preserve Map, Urban Design Studio, (1
•
sheet total).
19
Ordinance 4, 2000
Date Prepared: April 12, 2000
19. February 19, 1999 Boundary and Topographic Survey, Bench Mark
is
SECTION 5. This Ordinance shall be effective upon adoption.
20
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).
34.
December 22, 1999 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.
is
SECTION 5. This Ordinance shall be effective upon adoption.
20
Ordinance 4, 2000
Date Prepared: April 12, 2000
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
ATTEST BY:
CAROL GOLD
INTERIM 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: pud9903.or5
21 r)
Ordinance 4, 2000
Date Prepared: April 12, 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 -0F -WAY UNE, A DISTANCE OF '139207 FEET TO TIME
INTERSECTION THEREOF WITH THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD;
THENCE, NORTH 88 908'02" WEST, ALONG..SAID NORTH RIGHT -OF -WAY LINE, A
DISTANCE OF 958.57 FEET TO THE INTERSECTION THEREOF WITH THE WEST
LIME OF SAID SECTION 36; THENCE, NORTH 00 °48`04" EAST, ALONG SAID WEST
LINE OF SECTION 36, A DISTANCE OF 1362.0-2 FFFTTO 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 1559.36 FEET; THENCE, SOUTH
89'14456" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE QF
944:85 FEET TO THE POINT OF BEGINNING.
22 0 C < .
•
•
MEMORANDUM
TO: John Lindgren
City Planner
FROM: Marty R.A. Minor, AICP %
urban G�
stuan i
DATE: March 9, 2000
RE: REVISED SAN MICHELE PUD LANDSCAPE PLAN
PBG PETITION: #PUD -99 -03
UDS REF.: #19014.00
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
At the request of the City Forester, we have amended the San Michele PUD streetscape plan
sheet L -7 to reflect three locations of landscaping within the Hood Road right -of -way. These
landscaped areas will match the Central Boulevard right -of -way landscaping by providing ground
cover, coontie, dwarf lantana, spider lily or cord grass. Eight full -sized plans and three reduced
copies are attached for your review.
Should you have any questions, please feel free to contact me.
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2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409 -6582
561.689.0066 561.689.0551 fax
Irvine, CA
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714.489.81:
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0 March 6, 2000
Mr. John Lindgren
City Planner
Growth Management Department
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33401
urban
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
RE: SAN MICHELE PUD (f.k.a FRANKEL PARCEL 4.08)
RESUBMITTAL OF DEVELOPMENT PLANS
PBG PETITION: PUD -99 -03
UDS REF.: #19014.00
Dear John:
In response to the comments from the March 2, 2000 City Council meeting, please accept our
revised development plans:
• The development plan amendments include the following:
■ 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.
■ The setback table on the Master Plan has been amended to indicate a 3' setback at pool
areas.
■ The Master Plan has been amended to reflect a 40% lot coverage for all lots.
■ A note has been added to Landscape Sections A, C, D, & E regarding the height of
supplemental planting.
■ All Landscape Sections have been modified to be more specific to plant specifications,
including plant materials along the proposed perimeter walls.
■ The typical cul -de -sac plan has been amended to reflect proposed plantings at the
terminus of the northern and souther cul -de -sacs. Also being provided to you today is
sheet 2 of this set identifying the plantings located at the ends of the proposed cul -de-
sacs.
Attached for your review are the revised Master Plan (Sheets SP -1,
SP -2 and SP -3), revised Landscape Buffer Sections, and revised
Streetscape Plans (L -7 and L -8).
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
` West Palm Beach, Florida 33409 -6582
0 561.689.0066 561.689.0551 fax
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LCC35 AR 4 ine, CA 714.489.8131
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ZONING
Mr. John Lindgren
San Michele PUD
March 6, 2000
Page 2
We hope that this information addresses all the outstanding issues regarding this petition. We
are looking forward to being placed on the March 16, 2000 City Council meeting for
consideration of approval. Should you have any questions, please feel free to contact me.
Sincerely,
Urban Design Studio
Henry Skokowski, AICP
Principal
c: Thomas Frankel
Sherry Hyman
Harvey Geller
G:\ COMMONV obs\ Frankcl \LindgrcnCCRcsp.030600.wpd
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FILE No-026 03/27 'W 12:44 1 D :MR DESIGN SI Ull 1 U
•
•
WAIVER REQUESTS
► JUSTIFICATION STATEMENTS
FOR
FRANKEL PARCEL 4.08 PUD
SAN MICHELE
March 8, 2000
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
For your review and information are the waiver requests and justification statement for the
Frankel Parcel 4.08 PUD.
Specialty Pavers
We request a waiver from the Subdivision Regulations to allow for the use 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.
Mine -foot wide parking svitges (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. to 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 it 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 ptoposed 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 (Seelion 118 -200 (001))
We are proposing 15 -foot side corner setbacks for homes on
3000 Palm beach Lakas Boulevard
Suits 600 The Concourse
West Palm Beach. Florida 33409 -6682
561.669.0066 681.689.0861 fax
Irvine CA f� 'd , �E" 7 4.489.8131
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FILE No .026 03/27 '00 12:45 1 D : URBPN DES 1 GN STUD 1 U FAX : 5616890b,D I twat �./ q
individual lots. We are also requesting a waiver to allow a 5 -foot setback for screen enclosures
and docks. The zoning designation being used for comparison purposes is RL -3 which has it 20-
foot side corner 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. 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 apace for a community. The requested waivers to allow for a 15 -foot side
corner setback for building and a 5 -foot setback 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 73% open space on site, which is in excess of the
required 40 %.
Side setback (Section 118 -200 (e)(2)
We are proposing 7.5 -foot side setbacks for all homes within the proposed community. We are
also 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 Because of the proposed 90 -wide lot, which is 25 feet wider than the miniurn lot
width allowed in the RL -3 district, the setback requirement is 9 feet. We are requesting a waiver
of 1.5 feet to allow for a 7.5 -foot side setback for homes and 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
a the 70 -foot lots, we are requesting a 2 foot waiver for screen enclosures. The proposed side
setback provides for a minimum 15 foot building separation and a minimum 10 foot separation
for screen enclosures, which meets or exceeds the l0 -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 73% open space in the community. Forty
percent open space is required for residential 1" );JDs.
JRear setback {Sedan 118 -200 (a)(4))
We are requesting a 3 -foot rear setback for screen enclosures. The stoning 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 73% open space on site, which is in excess of the required 40 %.
Littoral Planting hones (Section 98 -106)
The South Florida Water ]Management District discourages littoral planting in lakes where
there is a possibility of water level fluctuations. Because of this, we are requesting a waiver
from this littoral planting requirement.
of Par,
00 MA?Nj 2000 co
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•
•
FILE NO.026 03f�l '00 12:46 1D:U; iV 1k5IbN 5 (UV IU F"X:561b-d9Ubb1 F" At 4i 4
Lot Coverage
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 -cnd residential projects. For example, many of the recent approvals for individual
parcels within the Datienisles PCD has lot coverage standards of 40 to 45 %. BaUentsles
Parcel 6A and Parcel 7 have a maximum lot coverage of 45 %. Ballenlisles Parcel 24 has a
maximum lot coverage of 43 %. Parcel 14 has a lot coverage of 60 %. 11allealsles Parcels
xa, 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 73% open space for the site. Code
requires 40% for the PUD. For these reasons, we arc requesting a waiver to allow for a
401% lot coverage.
rl_ 2� �
\ � TONING •, / .
0 - 0GF1
01/03/2000 13:31 5616227631
JAMES F. SCHNELLE, J 1'P.E.
Environmental Management & Engineering
8259 N. Military Trail Suite 8
PALM BEACH GARDENS, FLORIDA 33410
0 (561) 622.5549 FAX (561) 622.7631
ro
Mr. John LirAgren,Planner
City of Palm Beach Gardens
HOLDEN /St:HWtLLE TWAT
FAY '.75 -1014
rHUC Gt
oATt' _....._.___ Jwwaiy 3,1999
SURJECr _- San Michele Environmental
Dear Johnz
We have reviewed the Urban Design. Narrative response contained in your transmittal
this day and hereby sign -off on this project as described and detailed in said narrative.
Regards and best wishes for a Happy & Prusperous New Yearl
U-M
C3 PLEASE REPL Y ® No REPL Y /VECESSARY
� y
0
0 PPL
•
•
December 1, 1999
Florida Power & Light Company, P. 0. Box 14000, Juno 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:
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,
(Iii Weeks
Corporate Real Estate
cc: John Little, Esquire
an FPL Group company
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4PK
ow
EXECUTIVE OFFICE
C,
•
Seacoast Utility Authority
March 13, 2000
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:
(, v Mailing Address:
P.O. Box 109602
Palm Beach Gardens,
Florida 33410 -9602
VIA FAX: 799 -4281
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
ad
cc: R. Bishop
J. Lance
S. Serra
ORITY
0 0,,;
4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174
Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839
Memo To File
From:
Subject:
Date:
Mark Hendrickson, City Forester hl /a
Frankel Parcel 4.08 PUD
December 5, 1999
[ . 7E�^ /n \F�
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I have reviewed the application submitted November 24, 1999. Based on information provided
at the November 23, 1999 meeting with the petitioner, I can now recommend DRC certification.
The following are my comments for the December 14, 1999 P &Z Commission meeting:
The western boundary contains a FP &L line. It is my understanding that FP &L will be
requesting a 25' wide easement along the entire western boundary and recommending a
building setback of 31' from their lines throughout the review process of this project. If
these items materialize in the future, it may affect the site plan and landscape plan. The
petitioner is proceeding at their own risk by not resolving these issues prior to City
review and approval. I recommend a condition of approval for the P &Z Commission
and City Council, stating that if the site plan changes, including during construction plan
review, in favor of FP &L, this petition shall return to P &Z Commission and City Council
for review and approval.
• The lakes do not have littoral plants proposed. Please provide a waiver and justification
or provide a typical planting area and its locations.
The application indicates an eight -foot tall wall. This requires a waiver and justification.
The site plan is not clear as to where the 10.9 acres of preserve is located. The parkway
must account for a large portion of the proposed preserve area. If 10.1 acres of preserve
is required, I continue to have some concerns that utility easements are double counted as
preserve area, based on the crosshatching and proposed locations of easements. For
example, the master site plan indicates a 6' FP &L easement to be granted all along
Central Boulevard, a 20' wide and 18' wide water main easement in the northeast and
northwest corners of the project respectively, all of which appear to be counted as
naturally vegetative areas. Please revise the plans similar to the water main easement
near the southeast corner to less out all easements. Please less out the 10' wide area
cleared for the wall as shown in the 90' Parkway /upland preservation plan A-A' from the
preservation acreage. Also, no berming will be permitted in a preserve.
• Please explain what is meant by 10' minimum upland preserve on details A -A' through E-
E'. The exhibits indicate that the preserve would extend beyond the proposed walls on
to private lots. This is not possible or allowed by code. The parkway and preserve can be
one in the same after you subtract the easements, etc. For example, detail E-E' has a 112'
parkway between the wall and the property line along Hood Road. Ninety (90) feet of it
could be counted towards a preserve, if no berming, nonnative plants or permanent
irrigation occurs. You may want to save trees and plants within lots, but they cannot be
counted towards preserve acreage. Please correct.
The plans for the recreation area indicate future clubhouse with landscaping. Please
indicate when the clubhouse will be built and how the north side of the pool area will be
landscaped prior to clubhouse construction.
Please provide a typical landscape plan for water main easements or provide a hedge
next to the proposed wall.
The landscaping in the median of Central Boulevard is a good start. The existing
sidewalk along the west side Central Boulevard will be removed allowing for additional
room to landscape along the road shoulder as well. Please revise the roadway
beautification plan to show landscape beds in the road shoulder areas where the new
sidewalk comes out closest to the ROW line.
• The future road along the north needs to be landscaped where possible. I will recommend
that Frankel contribute to this installation and maintenance.
• We should be able to condition this project so that staff reviews the construction plans
prior to construction permit for more details on the buffers and preserve restoration.
• I suggest shade trees not be installed near the tennis courts for maintenance reasons.
Please rethink that design, including the vegetation proposed in the adjacent buffer B -B'
• Normal lake maintenance easements (LME) are 20' wide. Please explain in a narrative
why this petition is proposing 30' and 32' wide LME. Should proposed Lots 1- 4 have a
LME associated with them similar to the rest of the project? Also, Lots 21 and 31 are
connected to each other by the LME. Please indicate their respective property lines.
• Please provide a cross - section of the proposed lake maintenance easements as they relate
to the lot grades and proposed setbacks.
I may have additional review comments after the above mention items have been addressed.
There are two project design items that I recommend the City not support. The fencing off of a
preserve is not environmentally correct. Putting lake maintenance easements within lots create
future problems between homeowners and their association.
I have no problem walling in a community for security reasons, but that can be done without
affecting the flow of wildlife corridors. For example, there is no reason why the western
preserve needs an 8' tall wall and a 6' chain -link fence around it. I believe the preserves and
parkway should be an amenity for the community rather than a barrier as proposed. The City's
codes speak to this very issue in Sections 98-69 (g) and 102 -10 (g). I recommend that all the
preserves be connected rather than fragmented and walls/fencing be installed as to not restrict
habitat corridors. n
•Secondly, all lakes should have a common area around them owned by the homeowners
association (HOA). It is unreasonable for the future HOA to not have total control over the
maintenance of their lakes. It is also unreasonable to expect property owners to buy property that
they cannot fence off, build on, or landscape. I recommend all lakes be tracts of land that also
include common maintenance areas around them. I also recommend the setback chart include
fencing, as it relates to the proposed LME.
•
L
Memo To File
From: Mark Hendrickson, City Forester `ie
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
approved 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 permit, the Parkway System, including
the median, shall be completed along Hood Road and Central Boulevard, except for that
portion of Central )3oulevard required by Gardens Vmbyterjan Church to install.
U CC`ut
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.
o-
. PALM BEACH GARDENS POLICE
CRIME PREVENTION
MATRIX CHART
•
U
PROJECT NAME: PUD -99 -03 Parcel 4.08 (Frankel)
REVIEWED BY: Officer E. Lovejoy
DATE: 10 -12 -99
Problems /Concerns Needs /Suggestions Solutions
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. J
design
guidelines not provided
(porch, garage, etc. details).
Restricted access into pool
area at clubhouse not
indicated
Details of residential
number system not
provided.
guidelines.
Provide restricted access
into pool area (IE: key
control, security pad).
Provide visible numbering
system which is easy to
read and not obstructed.
Restricted access of pool
area helps to prevent
unauthorized use of pool,
cuts down on potential
vandalism and provides
greater security and
protection to pool users,
especially children.
Visible numbering system
will assist emergency
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
•
•
• 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
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date of Meeting: May 4, 2000
Date Prepared: April 12, 2000
Subject/Agenda Item
MISC- 99 -33- Second Reading and Public Hearing for Ordinance 7, 2000 - Ballenlsles Entry
Gate on Fairwinds Avenue
Recommendation /Motion:
Staff recommends approval of Ordinance 7, 2000.
Reviewed by:
Originating Dept.:
Costs: $
Total
Council Action:
City Attorne LF�"`
Growth Management
[ ]
Finance NA
$
[ ] Approved wl.ndition5
ACM
J
Current FY
[ ]Denied
Human Res. NA
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 2/ 16/ 00
[ ] Operating
Paper: Palm Beach Post
[ ] Other
Ordinance 7, 2000
Master Plan/Site Plan
Landscape Plan
Agencies/Departments
Letters
[ ] Not Required
Aerial Photo
Submitte by:
Gr2 agement Director
Affected parties
[ x ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ] Not required
REQUEST:
Second Reading and Public Hearing for Ordinance 7, 2000, a request by Urban Design Studio,
agent for BallenIsles Community Association, Inc., for an amendment to a previously approved
site plan for BallenIsles Planned Community District (PCD). The petitioner is proposing to
construct an entry gate system to be located at the existing rotary located in the Fairwinds
Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and 10. (12- 42S -42E)
1
�A- \-�
0 BACKGROUND:
The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989.
The site plan for BallenIsles was approved for residential uses consisting of 2,384 dwelling units,
golf courses, clubhouse, support facilities such as a fitness center, and sales offices. BallenIsles
is 1312.85 acres and is located between Military Trail and Florida's Turnpike. The roads within
BallenIsles are controlled by Northern Palm Beach County Improvement District.
REVIEW PROCESS:
This is a request for an amendment to the approved site plan for the BallenIsles Planned
Community District (PCD). The Growth Management Director has determined that this petition
should be reviewed as a miscellaneous petition and approved by ordinance after a public hearing.
The City Council reviews the request for amendment for consideration of approval, approval
with conditions, or denial.
AMENDMENT:
The proposed amendment consists of an entry gate system to be !located at the existing rotary
located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and
10 within the BallenIsles Planned Community District. The proposed gates are intended to
provide an additional level of security for the three parcels (8a, 8b, and 10).
STAFF /AGENCY COMMENTS:
• The BallenIsles New Construction Committee has signed off on the entry gate system and
their approval letter is attached to this report.
• Northern Palm Beach County Improvement District has signed off on this request subject to
several conditions.
• Seacoast Utility has reviewed the petition and had several comments that were addressed by
the petitioner.
• Building Official Jack Hanson and City Forester Mark Hendrickson have reviewed and
approved the petition.
• The Fire Department has approved this petition subject to one condition.
• The City Engineer has reviewed the plans. His initial concerns and comments have been
addressed. The applicant will have to comply with several construction requirements as
noted in LBFH's December 8, 1999 letter.
CITY COUNCIL FIRST READING:
On February 3, 2000, City Council reviewed this project and passed it on first reading, by a vote
of 4 -1 with no additional conditions. The dissenting council person felt that the gate system was
unnecessary.
2
0 CITY COUNCIL SECOND READING:
0
On March 2, 2000, the City Council reviewed this project, and several residents from St.
Edwards objected to the installation of the gate. The hearing was continued for further
consideration, and the applicant was directed to meet with the residents and listen to their
concerns. As of April 6, the develo er still had not satisfied the resident's concerns, so the
hearing was again continued to May 4' .
It should be noted that it is staff's understanding that residents are nearly unanimous in their
opposition to the gate. Also, several residents would have liked to attend the meeting but they
were unable to do so because they returned to the north after Easter.
RECOMMENDATION:
Staff recommends approval of Ordinance 7, 2000, a request to amend a previously approved site
plan to allow the construction of an entry gate system, with the following conditions:
1. A Knox key switch will need to be provided to allow for emergency access for Fire Rescue
vehicles.
2. The devices used to gain access through the proposed gate must be the same as the devices
which are used to open the entrance gates to BallenIsles from Northlake Boulevard, PGA
Boulevard and Military Trail.
3. The BallenIsles Community Association's Controlled Access Services manual must be
modified to include the proposed gate. Alternately, in the event the BallenIsles Community
Association is not the operational entity, the Homeowners Association must prepare a
controlled access manual for review and approval by Northern Palm Beach County
Improvement District.
4. No construction may occur until and unless Northern Palm Beach County Improvement
District issues a permit for this activity.
3
Q1 2
0 ORDINANCE 7, 2000
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.
WHEREAS, the City has received an application from Urban Design Studio to amend
Ordinance 8, 1989 to allow for the construction of an entry gate system to be located at the existing
rotary located in the Fairwinds Avenue right -of -way just south of the entrances to Parcels 8a, 8b, and
10 within the BallenIsles Planned Community District; and
WHEREAS, BallenIsles Planned Community District was approved by Ordinance 8, 1989
and;
WHEREAS, the City's Growth Management Department has determined that approval of
the requested amendment to Ordinance 8, 1989 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
Urban Design Studio's request for the construction of an entry gate system to be located at the
existing rotary located in the Fairwinds Avenue right -of -way just south of Parcels 8a, 8b, and 10
within the BallenIsles Planned Community District.
SECTION 2. Said approval shall be subject to the following conditions:
1. A Knox key switch must be provided to allow for emergency access for Fire Rescue vehicles.
2. The devices used to gain access through the proposed gate must be the same as the devices which
are used to open the entrance gates to BallenIsles from Northlake Boulevard, PGA Boulevard
and Military Trail.
3. The BallenIsles Community Association's Controlled Access Services manual must be modified
to include the proposed gate. Alternately, in the event the BallenIsles Community Association
is not the operational entity, the Homeowners Association must prepare a controlled access
manual for review and approval by Northern Palm Beach County Improvement District prior to
the installation of the gate.
4
0, 0 113
•
•
4. No construction may occur until and unless Northern Palm Beach County Improvement District
issues a permit for this activity.
SECTION 3. Said approval shall be consistent with documents on file with the City's
Growth Management Department as follows:
1. December 3, 1999 Entry Gate, Type D Curb Detail, Asphalt Pavement Detail by Urban Design
Studio.
2. November 29, 1999 Layout/Preliminary Planting by Krent Wieland Design, Inc., sheet L -1
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 3' DAY OF FEBRUARY 2000
PLACED ON SECOND READING THIS DAY 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
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
5
0 0 13:
. VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
1 7-�
•
AYE NAY ABSENT
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NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
357 HIATT ORWE, PALM 6EACN GARDENS, FLORIDA 33418 • 561- 624 -7630 w FAX 561- 624 -7839
December 15, 1998
Ms. Ann Booth
Urban Design Studio
2000 Palm Beach Lakes Boulevard
Suite 600
West Palm Beach, FL 33401
Re: Fairwinds Avenue
Ballenlsles Country Club
Unit of Development No. 31
Dear Annie:
We received your November 30, 1998 letter regarding the referenced matter. Please accept this letter
as Northern's conceptual authorization to proceed with the project conditioned on the following:
• 1. The devises used to gain access through the proposed gate must be the same as the devises which
are used to open the entrance gates to Ballenlsles from Northlake Boulevard, PGA Boulevard and
Military Trail.
2. The BallenIsles Community Associations Controlled Access Services manual must be modified to
include the proposed gate. Alternately, in the event the Ballenlsles Community- Association is not the
operational entity, then in that event the Homeowners Association must prepare a controlled access
manual for review and approval by Northern.
3. No construction may occur until and unless Northern issues a permit for this activity.
Attached please find a copy of Northern's Standard Permit Application. Please complete the
application and return it to our office together with a check for $75.00 and three (3) sets of plans and
specifications. You may send that to the attention of Ms. Tracy C. Robb, P.E.
Please feel free to contact me if you have any questions regarding this matter. Thank you for your
cooperation.
Sincerely,
City Of P .8. Cap ` O'Neal B rdin, Jr. "t
ce99 s Technical Assistant
ONB:vbl o HT
Enclosure ENt
ll Of }
® rwlNiiD ow wCC1C1L0 r4rCw
KC 1 G 1998
4ew Construction Committee
01sles Community Association, Inc.
t`5 Ballenlsles Circle, Palm Beach Gardens, Florida 33418 -4001 (561)625-5720/(561)625-2637 Fax(561)625-2621
October 15, 1999
Mrs. Anne Booth
Urban Design Studio
2000 Palm Beach Lakes Blvd.
West Palm Beach, Florida 33409
Dear Anne,
The New Construction Committee reviewed the rotary gates for parcels 8A, 8B and 10 on
Fairwinds Avenue were reviewed and given final approval.
If you have any questions or if I can be of further assistance, please let me know.
Sincerely,
orothy D. Williams
Administrator
•
Lit,
n Ol
Fire — Rescue
Chief Peter T. Beigel
Life Safety Services
Divisioa
• Iaspeetioa Sccvkes
• Coc manky Educstioa
• Plans R,ew"
• Me Iawst;U60a
(561) 775 -8260
Fax (561) 775 -8269
•
• n
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410 -4698
Memorandum
To: Bahareh Keshavarz, Senior Planner
From: Scott Fetterman, Asst. Chief / Fire Marshal
Date: January 11, 2000
RE: Ballenlsles — Entry Gate — Parcels 8a, 8b and 10.
The Fire Rescue Depawwent has reviewed the above referenced
development application and has the following comment and concern.
A Knox key switch will need to be provided to allow for
emergency access for Fire Rescue vehicles.
Thank you for your assistance and consideration in this matter.
Please contact me if you have any questions.
C O w
�c
Seacoast Utility Authority WPlo ;�2
Palm Beach Gaodens,
Florida 33410 -9602
]0E0UT VE OFFICE
December 15, 1999
VIA FAX: 775 -1014
Ms. Bahareh Keshavarz
Planning and Zoning Department
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: BallenIsles Entry Gate Parcels 8A, 813 and 10
Dear Ms. Keshavarz:
We have no comments on your transmittal dated December 8,
1999 concerning the referenced project.
Please call if you require additional information.
Sincerely,
SEAOOAST UT,L AUTHORITY
Q�—�
Bruce Gregg
Director of Operations
ad
cc: R. Bishop
J. Lance
S. Serra
A
GtrOt� -aG,
DEC 2U 1999
01 ZING
4200 Hood Road. Palm Beach Gardens. Florida 33410 -2174 $
Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 6242839
•
•
IINOAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS. SURVEYORS & MAPPERS
MEMORANDUM
TO: B ahareh Keshavarz
FROM: Sean C. Donahue, P.E.
DATE: December 8, 1999
SUBJECT: BallenIsles Entry Gate for
Pods 8A, 8B & 10
LBFH File No. 98-4001
We have reviewed the Entry Gate Plan, Landscape Plan and responses to our previous comments
for the referenced project received on December 8, 1999. We offer the following comments:
1. Satisfied. The applicant has shown the areas of the site that will be modified.
2. Satisfied. The applicant has provided a Type D Curb Detail and a preliminary Asphalt
Pavement Detail. The applicant will need to provide asphalt specifications and
compaction requirements that comply with Section 114 -206 of the City's Land
Development Regulations on the construction plans when they are submitted. The
construction plans will also need to be certified by the civil engineer -of- record prior to
construction plan approval. The entry gate plans will also need to be certified by the
structural engineer -of- record prior to approval.
We have no other engineering concerns with the submitted plans and are able to recommend
their approval.
«o
cc: Roxanne Manning
Jack Hanson
Pod 8B File No. 98AO04
Pod 10 File No. 98 -0125
P:IPROJECrS\PB GMEMO\4001\400I E
0 011
3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561)
tMPJ /WWW.bM.00M - e4r.A: i T000t h.00m
PALM CITY WEST PALM BEACH FORT PIERCE
�tY Qt Q.B.G.
DEC 91999
ptllNHtNG
ZONING
-3925
<)KEECHOBEE
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
SUBJECT /AGENDA ITEM:
Public Hearing /Second Reading: Ordinance 10, 2000, a request to amend the Planned
Unit Development Master Plan for the DoubleTree Hotel by adding 25,000 square feet
of retail space and 8,115 square -feet of restaurant space.
RECOMMENDATION:
Staff recommends approval of Ordinance 10, 2000, which contains conditions of
approval and waivers of certain land development regulations.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorne
[ ] Approved
Finance NA
2GrhManagement
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 4/19/00
[ ] Operating
Paper: Palm Beach
[ ] Other
• Ordinance 10, 2000
• Design Guidelines
Post
• Waiver Requests
• Comments from City
Forester
• Police Comments
• Letter from Andrea
Troutman dated
1/13/00
• Plans & Elevations
[ ] Not Required
Submitt
Growth
—Affected parties
Budget Acct. #::
Director
[X] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
P". 0115)
•
•
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
REQUEST
Urban Design Studio, agent for AGLP Investments No. 2 L.P., is requesting to amend
the master plan for the DoubleTree planned unit development. The site is located at the
northwest corner of PGA Boulevard and Interstate Highway 95. Approximately 8.0
acres of the 13.5 -acre site currently contains a 280 -room hotel, 3,500 square feet of
office space, a 100 -seat restaurant, and a 50 -seat lounge. The site is also approved for
138 additional hotel rooms and a 34,000 square -foot conference center, both of which
have not yet been built. This amendment proposes the addition of 25,000 square feet
of retail space and 8,115 square feet of restaurant space on the northern 5.5 acres of
the site. (1- 42S -42E)
BACKGROUND
The City originally approved the DoubleTree Hotel in 1969 as the Holiday Inn. In 1980,
the Holiday Inn site plan was amended to include the addition of a second and third
wing, and a conference center. However, the approved third wing and conference
center have not been constructed. The 1980 site plan amendment also included the
approval of a parking area on the north side of the site (what is now the undeveloped
section), but this parking area has not been constructed.
On April 3, 1997, the hotel site was rezoned by Ordinance 14, 1997 to a Planned Unit
Development (PUD) overlay district, and became known as the DoubleTree Hotel. The
underlying zoning on the site is CG -1: General Commercial. This rezoning process
included approving fagade renovations, an increase in the total square footage
(approximately 2,500 square feet), the reconfiguration of the parking lot and traffic
circulation, and some changes in the landscaping.
The triangular site (bordered by PGA Boulevard, Military Trail, and Interstate 95) is 13.5
acres in size, with the northernmost 5.5 acres being undeveloped.
LAND USE & ZONING
The subject site is zoned General Commercial (CG -1) and Planned Unit Development
(PUD), has a future land -use designation of Commercial (C), and is listed as
Commercial (C) on the Vision Plan. For a complete listing of adjacent uses, land -use
designations and zoning districts, see Table 1 on page 12. Table 2 on page 13
examines how consistent the proposed project is with the City Code and future land -use
designation for the site.
2
• City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
•
CONCURRENCY
The proposed project received concurrency certification from the City on August 10,
1999. This certification included concurrency for traffic, drainage, solid waste, sewer
and water. The development petition was subsequently amended, which resulted in an
equivalency review of the concurrency. On October 29, 1999, the City Engineer found
that the amended petition fell within the parameters of the concurrency certification
previously granted.
PUBLIC & PRIVATE SERVICES
The City's Development Review Committee reviewed this petition on November 24,
1999 and December 22, 1999. A list of the various departmental comments is attached
for review.
PROCEDURE
This is a request to amend the approved master plan for an existing PUD. The request
is reviewed by City Staff and the Development Review Committee, who forward
comments and recommendations to the Planning and Zoning Commission. Acting in an
advisory role, the Commission considers the recommendations of the DRC and City
Staff and makes a recommendation to the City Council. The City Council reviews the
request for an amendment to an approved PUD, and makes a final determination of
approval, approval with conditions, or denial.
PROJECT DETAILS
Building Site
The site currently contains the 280 -room DoubleTree Hotel, 3,500 square feet of office
space, a 100 -seat restaurant, and a 50 -seat lounge. The site is also approved for 138
more hotel rooms and a 34,000 square -foot conference center; which were planned to
be built as a second phase of this project. The applicant will be required to come back
to the City for master plan approval for this second phase because of the lack of detail
regarding the second phase in the current petition.
The PUD amendment is for the undeveloped, northerly section of the site. The
applicant is proposing to construct 25,000 square feet of retail space and an 8,115
square -foot restaurant adjacent to the existing hotel complex. Both the retail building
and the restaurant are proposed to be constructed as one -story buildings. The existing
hotel complex, the 25,000 square feet of retail space, and the 8,115 square -foot
restaurant will comprise Phase 1 of this development.
3
' Oil
i
• Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
•
Site Access
The PUD site is proposed to have four driveways: one onto PGA Boulevard; two, two -
way driveways onto Military Trail; and one egress -only driveway onto Military Trail at the
northern tip of the site.
Signage
Three (3) additional ground signs are being proposed for the site, for a total of four (4)
ground signs. The site has 3,502 feet of public road right -of -way; therefore the site is
permitted by code to have up to five (5) ground signs. The existing ground sign along
PGA Boulevard does not meet the code - required setback of 15 feet from the road right -
of -way, however, this is a legal nonconformity.
PGA Boulevard Corridor Overlay
Because the hotel was built in 1969, the site does not have a 55 -foot landscape buffer
along PGA Boulevard, as required by the current PGA Boulevard Overlay District. This
situation is considered a legal nonconformity. The site meets all other requirements of
the PGA Boulevard Corridor Overlay District.
•
Phasing
The proposed project will be done in two phases. The first phase will be broken into
phase 1 a and phase 1b. Phase 1 a will include the existing hotel complex and a 25,000
square -foot retail building. Phase lb will be the construction of an 8,115 square -foot
restaurant. The second phase will include the previously- approved addition of 138 hotel
rooms and the 34,000 square -foot conference center.
Legal Nonconoormities
The following are the legal nonconformities located on the site:
1. The site does not have a 55 -foot landscape buffer along PGA Boulevard
(there is no landscape buffer at this location).
2. The site does not have a 15 -foot landscape buffer along Military Trail,
where the existing hotel complex is located (there is no landscape buffer
at this location).
3. The approved, existing hotel building does not meet the code requirement
for a minimum front setback for a commercial area (50 feet); the hotel only
has a 38 -foot front setback.
4. The approved, existing hotel building does not meet the code requirement
for maximum height of a building (36 feet); the hotel is 92 feet in height.
UM
•
t� J
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
Waivers
The applicant has submitted waiver requests and justification statements (see
attachments) for the following waivers:
1. Minimum number of parking spaces — Section 118 -476, which
requires a minimum number of 616 parking spaces on site, to allow
for 601 parking spaces.
2. Minimum landscape buffer along Military Trail — Section 118 -
279(d)(1), which requires a 55 -foot landscape buffer along Military
Trail, to allow for a 15 -foot landscape buffer.
3. Minimum landscape buffer along Interstate Highway 95 — Section 98-
72(a), which requires a 25 -foot landscape buffer along Interstate
Highway 95, to allow for an 8 -foot landscape buffer.
Based on the attached justification statements, Staff recommends approval of waiver
#1. Staff also supports waivers #2 and #3 provided that the following condition is met:
• Prior to the issuance of a certificate of occupancy, the applicant shall install the
landscaping along Military Trail and Interstate Highway 95 per the exhibits, install
irrigation for all proposed roadway landscaping, install a electrical pipe sleeve to
the median of Military Trail, eliminate all the invasive, non - native vegetation
within Interstate Highway 95 right -of -way and adjacent to thls project, and
maintain all the roadway landscaping around the DoubleTree site, including the
Interstate Highway 95 off -ramp to Military Trail (to be planted). The City does
have the option to institute a fee simple maintenance fee, rather than actual
services rendered, by separate agreement.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
Northern Palm Beach County Improvement District
District Engineer Tracy Robb has indicated the applicant will need to acquire a District
permit prior to construction plan approval by that agency. This review will include
detailed drainage calculations.
Planninq & Zoninq Division
The Planning and Zoning Staff reviewed this petition and offer the following comments:
Prior to the issuance of the first building permit, the applicant shall replat
the entire 13.5 -acre project as one approved site. The replat shall include
the creation of a property owners association for the project that will be
responsible for the maintenance and care of all open space on the site.
5
n
•
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
2. Prior to the issuance of the first building permit, the applicant shall acquire,
and submit to the City, a District permit that includes a detailed review of
the drainage calculations.
To date, no objections have been received from the following departments and
agencies: Building Division, Police Department, Fire Department, Parks & Recreation
Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach
County School District, South Florida Water Management District, and Florida Power &
Light.
STAFF RECOMMENDATION
Staff recommends approval of petition PUD -99 -06 with the following conditions of
approval and waivers:
Conditions
1) Prior to scheduling this petition for first reading by City Council, the applicant
shall:
. a) rename the site plan with the title "Master Site Plan"
b) revise the site plan by eliminating the word "North" from the name
of the project
c) state how the "Art-In- Public Places" requirement will be addressed;
if art is being proposed on site, the site plan needs to be revised to
show the location of the art
0
2) Prior to the issuance of the first building permit, the applicant shall replat the
entire 13.5 -acre project. The replat shall include the creation of a property
owners association for the project that will be responsible for the maintenance
and care of all open space on the site. (City Engineer)
3) Prior to the issuance of the first building permit, the applicant shall acquire,
and submit to the City, a copy of the drainage permit from the Northern Palm
Beach County Improvement District. (Planning & Zoning)
4) Prior to the issuance of the first building permit, the applicant shall submit a
traffic signal warrant study for the southernmost driveway (opposite a median
cut) into the site. Installation of signalization at that intersection shall depend
upon the outcome of said study, as approved by the County Engineer. Prior
to the issuance of the final certificate of occupancy, a contract shall be let by
the applicant to install the signal (if warranted and approved by the County
Engineer). (City Engineer)
6
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
5) Prior to the issuance of the final certificate of occupancy, the applicant shall
submit and have received approval from City Council for all exterior lighting
elements; this approval process shall be done as a miscellaneous petition
that does not require a public hearing. (Planning & Zoning)
6) Prior to the issuance of a certificate of occupancy, the applicant shall install
the landscaping along Military Trail and Interstate Highway 95 per the
exhibits, install irrigation for all proposed roadway landscaping, install an
electrical pipe sleeve to the median of Military Trail, eliminate all the invasive
non - native vegetation within Interstate Highway 95 adjacent to this project,
and maintain all the roadway landscaping around the DoubleTree site,
including the Interstate Highway 95 off -ramp to Military Trail (to be planted).
The City does have the option to institute a fee simple maintenance fee,
rather than actual services rendered, by separate agreement. (City Forester)
7) The approval process for the building elevations and architectural details for
all future buildings (including any amendments to the building elevations or
architectural details for previously- approved buildings) will require review by
Is both the Site Plan and Appearance Review Committee and the City Council;
this approval process will not require a public hearing at either level of review.
(Planning & Zoning)
8) If the restaurant has not received its first building permit prior to the issuance
of a Certificate of Occupancy for the retail store, the vacant area associated
with phase lb of this project shall be sodded, temporarily irrigated and
maintained per City standards. (Code Enforcement)
9) 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)
10)The build -out date of this project is December 31, 2002, as referenced in the
March 11, 1999 traffic impact analysis. (Planning & Zoning)
Waivers
1. Minimum number of parking spaces — Section 118 -476, which requires a
minimum number of 616 parking spaces on site, to allow for 601 parking
spaces.
7
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
2. Minimum landscape buffer along Military Trail — Section 118- 279(d)(1),
which requires a 55 -foot landscape buffer along Military Trail, to allow for
a 15 -foot landscape buffer.
3. Minimum landscape buffer along Interstate Highway 95 — Section 98-
72(a), which requires a 25 -foot landscape buffer along Interstate
Highway 95, to allow for an 8 -foot landscape buffer.
PLANNING & ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission reviewed this petition at a workshop on January
11, 2000, and as a Public Hearing and Recommendation to City Council on February 8,
2000, and February 23, 2000. The Commission voted 5 — 0 to recommend approval of
PUD -99 -06 with the conditions and waivers recommended by Staff as amended below
(words underlined in bold have been added, while those st.w -ck *hr ^tlrtk 4% h ^Id have
been deleted).
Conditions
• 1. Prior to scheduling this petition for first reading by City Council, the
applicant shall:
a) rename the site plan with the title "Master Site Plan"
b) revise the site plan by eliminating the word "North" from the name
of the project
c) state how the "Art -In- Public Places" requirement will be addressed;
if art is being proposed on site, the site plan needs to be revised to
show the location of the art
2. Prior to the issuance of the first building permit, the applicant shall replat
the entire 13.5 -acre project. The replat shall include the creation of a
property owners association for the project that will be responsible for the
maintenance and care of all open space and landscapinq on the site.
(City Engineer)
3. Prior to the issuance of the first building permit, the applicant shall acquire,
and submit to the City, a copy of the drainage permit from the Northern
Palm Beach County Improvement District. (Planning & Zoning)
4. Prior to the issuance of the first building permit, the applicant shall submit
a traffic signal warrant study for the southernmost driveway (opposite a
median cut) into the site. Installation of signalization at that intersection
8
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
shall depend upon the outcome of said study, as approved by the County
Engineer and paid for by the applicant, its successors or assigns.
Prior to the issuance of the final certificate of occupancy, a contract shall
be let by the applicant to install the signal (if warranted and approved by
the County Engineer). (City Engineer)
5. Prior to the issuance of the final certificate of occupancy, the applicant
shall submit and have received approval from City r--fl the Site Plan
and Appearance Review Committee for all exterior lighting elements;
this approval process shall be done as a miscellaneous petition that does
not require a public hearing. (Planning & Zoning)
6. Prior to the issuance of the final certificate of occupancy, the applicant or
POA shall install the landscaping along Military Trail and Interstate
Highway 95 per the exhibits, install irrigation for all proposed roadway
landscaping (with the exception of the Interstate Highway 95 off -ramp,
which shall be hand watered until the landscaping is established as
determined by the City Forester), install an electrical pipe sleeve to the
median of Military Trail, eliminate all the invasive non - native vegetation
within Interstate Highway 95 adjacent to this project, and maintain all the
roadway landscaping around the DoubleTree site, inc-IN--ding, fk^
1 „��� c4� +� Llinh��w A� �ff_� �mr �� AAili4wra T� mil /�� ho rlw „�orl1 The
City does have the option to institute a fee simple maintenance fee, rather
than actual services rendered, by separate agreement. (City Forester)
7. The approval process for the building elevations, afld architectural details,,
and landscaping for all future buildings (including any amendments to the
building elevations, surroundinq landscapinq, or architectural details for
previously- approved buildings) will require review by both the Site Plan
and Appearance Review Committee and the City Council; this approval
process will not require a public hearing at either level of review.
(Planning & Zoning)
8. If the restaurant has not received its first building permit prior to the
issuance of a Certificate of Occupancy for the retail store, the vacant area
associated with phase lb of this project shall be sodded, temporarily
irrigated and maintained per City standards. (Code Enforcement)
9. 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
9
J
Planning and Zoning Commission
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
fully executed copy of the document to the Planning & Zoning Division
within 30 days of granting of the development order. (Planning & Zoning)
10. The build -out date of this project is December 31, 2002, as referenced in
the March 11, 1999 traffic impact analysis. (Planning & Zoning)
11. The City reserves the right to have the applicant undertake
landscape irrigation of the off -ramp of Interstate Highway 95 onto
Military Trail. (Planning & Zoning)
Waivers
1. Minimum number of parking spaces — Section 118 -476, which requires a
minimum number of 616 parking spaces on site, to allow for 601 parking
spaces.
2. Minimum landscape buffer along Military Trail — Section 118- 279(d)(1),
which requires a 55 -foot landscape buffer along Military Trail, to allow for
a 15 -foot landscape buffer.
to3. Minimum landscape buffer along Interstate Highway 95 — Section 98-
72(a), which requires a 25 -foot landscape buffer along Interstate
Highway 95, to allow for an 8 -foot landscape buffer.
•
CITY COUNCIL
City Council passed the attached ordinance on first reading at its meeting on April 6,
2000. No major concerns were raised regarding this petition, including the requested
waivers and conditions of approval (as recommended by the Planning and Zoning
Commission).
As of the date of this report, City Staff has received no public comment on this project.
10
•
Subject Property_
CG -1: General
DoubleTree Hotel and Commercial with a
Undeveloped Section Planned Unit Development
(PUD) overlay
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
Commercial (C)
North
Interstate 95 N/A N/A
South
PGA Boulevard CG -1: General
Shell Gas Station, Commercial with a
Radisson Hotel, & the Planned Unit Development j
Admiralty Office Building (PUD) overlay
West
Military Trail
Gardens Square Shops
& Garden Lakes (multi-
family residential)
East
Interstate 95
CG -1: General
Commercial / RM:
Residential — Medium
Density & PUD:
Planned Unit Development
N/A
Commercial (C)
Commercial (C) &
Residential — Medium
Density (RM)
N/A
•
1 ]
•
City Council
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
Site = CG -1 Hotel, Retail, and Yes
Restaurant
Minimum Building Site 13.46 acres Yes
Area for CG -1: 1 acre
Minimum Site Width for 610 feet Yes
CG -1: 100 feet
t Maximum Building Lot 13.8% Yes
Coverage for CG -1: 35%
Maximum Building Height 92 feet* No
for CG -1: 36 feet (Legal Nonconformity)
Front Setback for CG -1
50 feet
*existing approved hotel building
Front Setback:
38 feet*
*existing approved hotel building
No
(Legal Nonconformity)
Side Setback for CG -1: Side Setback: Yes
15 feet NIA
Side Setback Facing a Side Setback Facing a Yes
Street for CG -1: Street: 40.7 feet
40 feet
Rear Setback for CG -1: Rear Setback: Yes
j 15 feet N/A
gfjohn: pud9906.cc2
12
0 April 12, 2000
ORDINANCE 10, 2000
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.
WHEREAS, the City of Palm Beach Gardens received an application
from AGLP Investments No. 2 L.P. for approval of an amendment to a
previously- approved planned unit development located at the northwest
• corner of PGA Boulevard and Interstate Highway 95, in order to construct a
25,000 square -foot retail building and an 8,115 square -foot restaurant on the
13.5 -acre site, as more particularly described in Exhibit "A" attached hereto;
and
WHEREAS, the 13.5 -acre "DoubleTree" 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
WHEREAS, the Growth Management Department has recommended
approval of the amendment of the planned unit development (PUD) known
as the DoubleTree Hotel; 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 stated herein.
13 s� i
. Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves an amendment to the "DoubleTree" PUD at the
northwest corner of PGA Boulevard and Interstate Highway 95, as more
particularly described in Exhibit "A" attached hereto and incorporated herein
by this reference, to permit the construction of a 25,000 square -foot retail
building and an 8,115 square -foot restaurant.
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions, which shall be the responsibility of the applicant, its
successors or assigns:
1. Prior to the issuance of the first building permit, the
applicant shall replat the entire 13.5 -acre project. The
replat shall include the creation of a property owner's
. association for the project that will be responsible for
the maintenance and care of all open space and
landscaping on the site. (City Engineer)
2. Prior to the issuance of the first building permit, the
applicant shall acquire, and submit to the City, a copy of
the drainage permit from the Northern Palm Beach
County Improvement District. (Planning & Zoning)
3. Prior to the issuance of the first building permit, the
applicant shall submit a traffic signal warrant study for
the southernmost driveway (opposite a median cut) into
the site. Installation of signalization at that intersection
shall depend upon the outcome of said study, as
approved by the County Engineer and paid for by the
applicant, its successors or assigns. Prior to the
issuance of the final certificate of occupancy, a contract
shall be let by the applicant to install the signal (if
warranted and approved by the County Engineer). (City
Engineer)
4. Prior to the issuance of the final certificate of
occupancy, the applicant shall submit and have
received approval from the Site Plan and Appearance
14
•
•
U
Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
Review Committee for all exterior lighting elements; this
approval process shall be done as a miscellaneous
petition that does not require a public hearing.
(Planning & Zoning)
5. Prior to the issuance of the final certificate of
occupancy, the applicant or POA shall install the
landscaping along Military Trail and Interstate Highway
95 per the exhibits, install irrigation for all proposed
roadway landscaping (with the exception of the
Interstate Highway 95 off -ramp, which shall be hand
watered until the landscaping is established as
determined by the City Forester), install an electrical
pipe sleeve to the median of Military Trail, eliminate all
the invasive non - native vegetation within the Interstate
Highway 95 right -of -way and adjacent to this project,
and maintain all the roadway landscaping around the
DoubleTree site. The City does have the option to
institute a fee simple maintenance fee, rather than
actual services rendered, by separate agreement. (City
Forester)
6. The approval process for the building elevations,
architectural details, and landscaping for all future
buildings (including any amendments to the building
elevations, surrounding landscaping, or architectural
details for previously- approved buildings) will require
review by both the Site Plan and Appearance Review
Committee and the City Council; this approval process
will not require a public hearing at either level of review.
(Planning & Zoning)
7. If the restaurant has not received its first building permit
prior to the issuance of a Certificate of Occupancy for
the retail store, the vacant area associated with phase
1 b of this project shall be sodded, temporarily irrigated
and maintained per City standards. (Code
Enforcement)
8. Upon approval of the development order, the applicant
shall secure a "Seacoast Utility Authority Capacity
Allocation Commitment for Public Water and /or Sewer
15
•
Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
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)
9. The build -out date of this project is December 31, 2002,
as referenced in the March 11, 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)
10. The City reserves the right to have the applicant
undertake landscape irrigation of the off -ramp of
Interstate Highway 95 onto Military Trail. (Planning &
Zoning)
SECTION 3. The following waivers are hereby granted with this
approval:
1. Minimum number of parking spaces — Section 118 -476,
which requires a minimum number of 616 parking spaces
on site, to allow for 601 parking spaces.
2. Minimum landscape buffer along Military Trail — Section
118- 279(d)(1), which requires a 55 -foot landscape buffer
along Military Trail, to allow for a 15 -foot landscape buffer.
3. Minimum landscape buffer along Interstate Highway 95 —
Section 98- 72(a), which requires a 25 -foot landscape buffer
along Interstate Highway 95, to allow for an 8 -foot
landscape buffer.
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:
Official Exhibits:
1. February 23, 2000 Master Site Plan, Urban Design Studio, (1 sheet).
2. February 23, 2000 Landscape Plan, Urban Design Studio, (1 sheet).
is 3. February 23, 2000 Landscape Plan Enlargement, Urban Design
16
0, 0 i 0
•
Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
Studio, (1 sheet).
4. February 23, 2000 Planting Details & Legend, Urban Design Studio,
(1 sheet).
5. February 23, 2000 Site Lighting Plan, Urban Design Studio, (1 sheet).
6. January 28, 2000 Floor Plans, Roof Plans, & Building Elevations,
Oliver • Glidden & Partners, Sheet A -1 (1 sheet).
7. April 12, 1999 DoubleTree North Parcel Concurrency Traffic Impact
Analysis, Pinder Troutman Consulting, Inc.
Supportinq Documents:
1. December 7, 1999 Conceptual Drainage Plan, Keshavarz &
Associates, Inc., Sheet 1 of 1.
2. March 31, 1999 Boundary Survey, Keshavarz & Associates, Inc.,
Sheet 1 of 1.
3. December 2, 1999 Conceptual 1 -95 Off -Ramp Landscape Plan, Urban
Design Studio, (1 sheet).
4. December 2, 1999 Conceptual Military Trail Landscape Plan, Urban
Design Studio, (1 sheet).
SECTION 5. 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 6. 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 7. 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.
17
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MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
LINDA V. KOSIER, CMC
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /john: pud9906.or2
18
NAY
Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
ABSENT
0 G1:4
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EXHIBIT "A"
L!= GAL OESCRIPTION
PARCEL I
Ordinance 10, 2000
Meeting Date: May 4, 2000
Date Prepared: April 12, 2000
Petition PUD -99 -06
A PARCEL OF LA 10 IN SL(- `R0,M i. TOVVNSL-IP 42 SOUTH. RANGE 42 ZASZ PA -I,4
F3fACI : COUNTY, FLORIDA, -MORE PARTICULARLY DES,21SED AS FOLLOWS:
FROM. THE SOUTHEAST CORDdcFc GI SECTON i AFORESAID %> NORH: Ec %0
'56-
WEST. ALONG THE SCUTS UNE OF SAID SZO-R iN. i, •`•.LSO BEING THE CIENTERUNE
OF MONET ROAD. A DISTANCE OF 2645.46 FEET TO A POINT OF INTERSECTION Wt i'1;
THLE CENTERUNE OF MILITARY TRAIL: 'rriENCc NORTH 02'09'42" EAST. ALCNG
SAID CENTERLINE TERLINE OF MIL -I T ARY TRAIL. A OIS T ANCE OF 207.45 FEET TO A POINT-.
THENCE SOU T}; 87`50' i a" EAST A EDW NCE Off' 50.00 >= EET TO A POINIT LYING ON
T-N.E EASTERLY RIGHT- OF- -%VAY LINE OF M.UTARY TRAIL: -DiEN t SOUTP
62 "07'27- EAST A DISTANCE OF !77.78 FEET TO THE POINT OF EEGINNING;
THENCE NORTH 71-48'30— EAST A DISTANCE OF 370.55 FEET TO A PLANT; THEt\iCE
NORTH 44'40'47" EAST A DISTANCE OF 251.'90 FEET TO A POINT, THENCE NORTH
WEST A DISTANCE OF 400.00 FEET TO A POINT; THENCE SOUTH
65_31c"14" Wt—Si !S rCt-- c 0 4
D.�TAR c O. 5 &�.4 FEET. MGi:E OR LESS, TO fi PONT IN THE
EAST`PLY RIGHT OF W-A-1 r LINK OF WLITARY TRA11; THENCE. SOUTH C12-G9'41-
SST. ALONG SAID EASTERLY P,(GiT —OF— WAY JN . A DISTANCE 05 206.40 F LET
TO A = DINT: THENC` SOUTH 62-07"27- EAST A. DISTANCE. OF 177.75 FEET TO A
PCIL^I TF:ENC£ SOUTh 02T09'41- VEST A D'S T ANCL OF 150.00 FEET TO THE
POINT OF BEGINNING.
SAID PAP.CE CONTAINING 7.187 ACRES
PARCEL 2
FRQV THE SOUTHEAST CORNER OF SAID -SEC'"ICN 1, T"ENCE - NORTH 88-10-567.
VrST_ ALONG TI-C SOUTH LINE OF SAID SECT20ti` 1, h `0 BEING T:i£ tYNTERLiNE
OF >v(ONET,RCAJ. A DISTANCE OF 2645. 46 FEET TO A FOINT OF INTERSECTION VA-iP
THE CEOTERLWIE OF MILITARY TRAIL: T_ :. -:ICE NORTH 02'099.41- EAST. A;ANG
'SAID CENTERLINE Or MILITARY TRAIL., A DD(STANCE Or.207.45.FEEi TO A POINT;
THENCE SOUTH 87'50 ",g" EAST A DISTANCE OF 50 -00 FEET TO A POINT LYING ON
THE EASTERLY RI GHT,- OF -WA'Y LINE OF MILITARY TRAIL; TFIFNCE NORTH;
02;09'41" EAST. ALONG THE EASTERLY RIGHT —OF —VI AY OF MILITARY TRAIL, A
DISTANCE OF - 356.40 FEET TO A POINT IN SAID LINE% SAID POINT BEING 7,4E PORdT
OF SEGNNING FOR THE XEREIN DESCRIBED PARC -L: THENCE NORTr 02-09'41-
EAST. .ALONG SAID EASTERLY RIGHT --O"'—WAY LINE, A. DISTANCE OF 1I '94 -11 FL }T TO A
POINT IN, SAID UNE; THENCE SOUTH 30 "05'34" EAST, A DtSTANCF_ OF 211.26 FEET
TO A POINT; THENCE SOU114 25-20'45" EAST. A D(SrANCE OF 602.08 rEET TO A
POINT. THENCE SOUTH 23-24'56" EAST, A DISTANCE OF 265 -54 FEET 10 A POINT;
TI- EN r. SOUTH 66-35'04- IYES:r A DISTAt.C£ OF 560.4-4 FEET, MORE oR LESS, TO
THF. PCINT OF ScG:NNfNG.
SAID PARCEL 'CON'TA(NING 6.322-.ACRES
19
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FILE No.575 02/18 '00 13:15 ID :UFSP&I DESIGN STUDIO FAX :5616890551
DESIGN GUIDELINES FOR
DOUBLETREE NORTH PUD AMENDMENT
PALM BEACH GARDENS
FEBRUARY 11, 2000
Y
t;dY of Q.ti. Gatde�n
(;RUW(N
MANAGEMENT
OEPARIMENT
Roof treatments may include flat, gable or hip roofs. The gable and /or hip roofs shall
include three -color blend of concrete "S" tile to match the three -color file blend of the
Gardens Square Shoppes. located at the northwest corner of Military Trail and PGA
Boulevard.
• Building Colors allowed shall be:
• Sea Shell # 10610
• Ivory Key #10522
• Metal trim work shall be the following color: Benjamin Moore #447 (sage green)
• Building, awnings shall he the following color: Erin Green #4600
• Alternate colors may be approved if combined in a unified fashion and approved by the
City Council.
a Common Architectural Elements shall include:
• Concrete block construction with textured stucco
• Horizontal handing
• Arched entranceways
• Tile medallions
• Multi - paneled windows
• Entry porticos
• Building heights shall not to exceed 36 feet for the restaurant and retail building.
■ Tenant signage shall include the following elements:
• 24" high letters
• Color to match building trim color(s)
• Internally Lit letters
■ Building identification signage shall be limited to:
• 36" high letters
• Internally lit letters
• Color to match building trim colors)
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�C;- V,
GO I
December 2, 1999
Mr. John Lindgren
City Planner
City of Palm Beach Gardens
10500 North h ilitary Trail
Palm Beach Gardens, Florida 33410
RE: DOUBLETREE NORTH PUD AMENDMENT
RESPONSE TO DRC COMMENTS
PBG REF #(PUD- 99 -06)
OUR REF:# 16052.17
Dear John:
Lo =0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
In response to comments made by the Development Review Committee members at its
November 24, 1999 meeting, we offer the following responses. I have duplicated their
comments for reference in bold; our responses follows.
JOHN LINDGREN MEMORANDUM OF 11/24/99
1) Please submit all waiver requests with their justification statements, including
waivers for setbacks and the required number of parking spaces.
No setback waivers are required for the subject project. The plan has been revised to
further identify the proposed setbacks. The requested waivers from the landscape code
are identified below during the discussion of Mark Hendrickson's memorandum.
We are seeking a waiver from the number of parking spaces required under Section 118-
476. For the entire site, 616 parking spaces would be required according to the City
regulations. The mixture of hotel, restaurant and retail uses on the site creates different
peak parking demand times. The Peak Period Parking Utili7ation Analysis by Pinder
Troutman Consulting, Inc., dated September 13, 1999, indicates that 575 parking spaces
are required We are proposing 594 parking spaces on the site. By using the amount of
parking spaces indicated in the Peak Period Parking Utilisation Analysis, the site is able
to provide 35% open space for the project where a minimum of 15% is required. It
should also be noted that the increased open space allows for
a pedestrian park area north of the proposed retail buil
and an 8 -foot pedestrian promenade connecting the
the proposed new buildings.
GAC0MM0NUoba\Doub1otm Nocth0oublctroesufflZoV .113099.apd
LCC35
2
Suit
C4 of P8. Gar&*St
DEC t 19 ?f1.6
i Beach Lakes Boulevard
The Concourse
n Beach, Florida 33409 -6582
366 561.689.0551 fax
0 IT1 x.489.8131
Mr. John Lindgren
Doubletree North DRC Response
December 2, 1999
Page 2
2) It appears that the southern section of this site has been platted separately from the
rest of the site; please clarify in writing if it is your intent to develop this property
as two distinct and separate sites.
When the review for the renovations of the Holiday Inn (now Doubletree) hotel
renovations began, City staff required the hotel location and the adjacent vacant area (the
site of this petition) to be rezoned as one Planned Unit Development. It was considered at
that time and is still considered as one project. The Doubletree Hotel PUD was platted
with a boundary plat.
It is our intention to divide the property by ownership along the line identified on the
revised site plan. It should also be noted that the pending sale contract provides for a
cross - access agreement between the two parcels. It also provides for common landscape
maintenance for the project consistent with the approved landscape plan. We are
committed to provide the City with the documentation to assure you that the project will
be maintained in a consistent and comprehensive manner.
! SEAN DONAHUE MEMORANDUM DATED 11/24/99
1) Conditionally Satisfied. The applicant needs to include 3 additional bicycle parldng
spaces on the site plan (259 vehicle parldng spaces are proposed, 5% of 259 equals
13 bicycle parldng spaces). The applicant has stated that the next submittals will
contain the correct number of bicyle spaces.
Three additional bicycle parking spaces have been added to the revised site plan.
MARK HENDRICKSON MEMORANDUM OF 10/28/99
1. In the narrative, I did not notice any waiver requests. The following items do not
meet the City codes:
1. Section 118 -279 (d -1). Military Trail should have a 55' buffer.
The proposed 15 -foot landscape buffer along Military Trail exceeds the Military
Trail buffer provided during the original Holiday inn site plan approval .
subject project is a portion of this original site plan approval and is
to the subsequent Planned Unit Development. We are requesting ver frot
Section 118-279(d-1). As mitigation, we are proposing, depend on PL&VU as
Department of Transportation approval, to provide landscaping a I&LItstf e1999
VA GROWTH
GAC0Wv10NVob,0wblotroo NathWoublohmSu$itcV.113099.wpd MANAGEMENT
t cps
DEPARTMENT
Mr. John Lindgren
Doubletree North DRC Response
December 2, 1999
Page 3
95 exit ramp onto Military Trail. Attached for your review is a conceptual
landscape plan for the I -95 exit ramp. We are committed to providing $12,000 of
landscaping at the ramp in order to provide an attractive entrance onto Military
Trail from the interstate highway. This amount for the exit ramp landscaping
would exceed the monetary amount for the landscaping within the buffer required
by Section 118 -279 (d -1).
2. Section 98- 72(a). I -95 should have a 15' buffer. The new landscape code will
require 25' adjacent to I -95.
The proposed 8 -foot landscape buffer along Interstate 95 exceeds the I -95 buffer
provided during the original Holiday Tnn site plan approval. The subject project
is a portion of this original site plan approval and is an amendment to the
subsequent Planned Unit Development. We are requesting a waiver from Section
118 -72 (a). The eastern portion of the site, adjacent to I -95, is next to a steep
embankment which is part of the I -95 right -of -way. We are providing
considerable landscaping within the provided 8 -foot buffer. In addition,
additional flowering trees are proposed along the I -95 right -of -way embankment.
These trees will continue and extend the existing landscaping theme along the
Interstate 95.
3. Section 98- 66(c -7). Road right -of -way medians and shoulders require
landscaping. This would apply to I -95 and Military Trail.
Attached for your review are the conceptual landscape plans indicating
landscaping in the Military Trail right -of -way and median.
City staff needs the petitioner to provide justification as to why these codes are not
being applied within this petition. I will not be supporting waivers to, items 2 and 3.
It is my understanding that Doubletree intends to subdivide this PUD to make two
parcels. If this is the case, I will be recommending a condition of approval that the
re -plat create a property owners association to insure that all open space within this
PUD and all off -site landscaping be maintained as one project. If this pr
condition is not acceptable to anyone, I will be recommending a 16' w e0
landscaping buffer between all proposed parcels.
City of P.B. Gardens
As indicated above, a common landscaping maintenance agreement is p' Jp#e ticfi99
GROW
G: kCOMMONVobaZwMot= N «thOmblotrooSuPtitcV.113099.wpd �.�' MANAGEMENT
LOC35 DEPARTMENT
M1-
'1
• Mr. John Lindgren
Doubletree North DRC Response
December 2, 1999
Page 4
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agreement for the Doubletree North parcel. We are committed to provide the City with
the documentation to assure you that the project will be maintained in a consistent and
comprehensive manner.
BRUCE GREGG'S MEMORANDUM OF 11/8/99
1. The property owner should be advised that the future parking structure shown in
Phase H is in direct conflict with an existing 18" gravity sewer line.
The future parking garage depiction has been eliminated from the revised site plan. We
understand that Phase 11 of this project, which includes another hotel wing, conference
center and parking structure, will have to return to the City for site plan review and
approval.
OFFICER ELLEN LOVEJOY MEMORANDUM OF 11/23/99
1.
2.
3.
4.
Lighting locations should not conflict with landscaping (to include long term tree
canopy growth).
The lighting and landscape plans have been designed to avoid any conflicts.
Building lighting should be around perimeter of all sides and on pedestrian
walkways surrounding the buildings.
Building lighting will be addressed when the buildings return for Site Plan and
Appearance Review Committee review and approval.
Parking lot areas on the Northwest and Northeast side of the project could use
additional lighting (some parking spaces would not have adequate lighting).
The submitted lighting plan meets the requirement of a "minimum average maintained
horizontal footcandles of 0.6 in parking areas and 1.0 in vehicular use areas," as required
by Section 118-474 (4), in these sections.
Lighting around loading area and dumpster area not indicated.
Lighting levels are located in the proposed loading area of the retail bui
lighting plan indicates code compliance in a portion of the loading area
OAOOMMONUobsOmblotrm Nocth\Doub1cuvcSuffRaV .113099.wpd
1AC35
Fl
City of P. Gardens
� 1 o 2e 1999
GR(JVYTH
MANAGEMENT
j)DEP T Eyi,
Mr. John Lindgren
Doubletree North DRC Response
December 2, 1999
Page 5
restaurant. Additional lighting in this area is anticipated from the restaurant building.
Lighting is not indicated around the dumpster areas as the dumpsters are enclosed by a
7'4" wall. However, it should be noted that the areas around the dumpster enclosures
exceed the minimum code requirements for lighting levels.
S. Unknown if Porte - cochere drop off is one way. Porte - cochere drop off needs to be
one way with signage stating same.
A porte cochere is no longer proposed.
6. Site plan does not denote a deceleration lane for the ingress and egress point on
Military Trail. Add one deceleration lane.
The submitted and approved traffic impact analysis does not require the provision of a
deceleration lane on Military Trail.
0 7. Details of commercial numbering system not indicated. Provide visible numbering
system which is easy to read and not obstructed.
This will be addressed when the elevations of the building are submitted to the City for
its review and approval.
8. Dumpster area should not allow for easy concealment. Dumpster enclosure should
be constructed as to allow natural surveillance through the enclosure.
Section 118 -305 of the City's Land Development Regulation require the screening of
dumpsters from public view, public streets and from abutting properties. The proposed
dumpster enclosures are in compliance with the City code.
9. Building security device. Building should be pre -wired for alarm systems.
This will be addressed in the building permit application for the proposed buildings.
In addition to the revisions indicated above, the loading area east of the proposed building
has been reconfigured to address the comments expressed at the DRC meetin .
.I.
We hope these amended plans meet with your approval and that we can be o i& fo�r'tfi�',
• Planning and Zoning Commission's December 14, 1999 meeting agenda. ou We ay j999
GROW I ti
GACOMMONVob9\Doubh*rw North\DoubkUvosuffiLoap.113099.wpd MANAGEMENT
LCC35 DEPARTMEN'
• Mr. John Lindgren
Doubletree North DRC Response
December 2, 1999
Page 6
•
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questions regarding the attached, or need additional information, please do not hesitate to contact
me.
Sincerely,
Urban Design
Hank Sk6fowski, AICP
Principal
c: Joel Channing
Len McBroom
G.\COMMONUobs\Doublotrx Norffi oubIahwSufMaV.113099.wpd
LCC35
_ city of P.Bq. Gardens
Ll
Memo To File
From:
Subject:
Date:
Mark Hendrickson, City Forester h 1.4
PUD- 99 -06, Doubletree North
February 17, 2000
I have review the above - referenced application submitted February 16, 2000 and provide the
following comments and recommended conditions for the February 22, 2000 P & Z meeting:
I will support the waivers for the reduction of the Military Trail and Interstate 95 buffer
widths as proposed, if the following condition is met:
Prior to the first issuance of a certificate of occupancy, the applicant shall install the
landscaping along Military Trail and Interstate 95 per the exhibits, install irrigation for all
proposed roadway landscaping, install a electrical pipe sleeve to the median of Military
Trail, eliminate all the invasive non - native vegetation within Interstate 95 adjacent to this
project, and maintain all the roadway landscaping around the Double Tree site, including
the I -95 off -ramp to Military Trail (to be planted). The City does have the option to
institute a fee simple maintenance fee, rather than actual services rendered, by separate
agreement.
•
•
PALM BEACH GARDENS POLICE DEPARTMENT
CRIME PREVENTION
MATRIX CHART
PROJECT NAME: Doubletree North
10 DAViDl:'I
DATE:
Officer EIlen Lovejoy
November 23, 1999
Problems /Concerns r Needs /Suggestions So
Building lighting should be
around perimeter of all sides
and on pedestrian walkways
surrounding the buildings.
Parking lot areas on the
Northwest and Northeast
side of the project could use
additional lighting (some
parking spaces would not
have adequate lighting).
Provide adequate lighting.
I
Provide adequate lighting.
Metal halide should be used in
all parking lot areas.
Lighting around loading Provide adequate lighting.
area and dumpster area not
indicated.
Unknown if Porte - cochere Porte- cochere drop off needs to Will allow better traffic
drop off is one way. be one way with signage flow of vehicular traffic
stating same. entering and leaving the
property and prevent
potential traffic hazards.
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.
Building lighting should be
around perimeter of all sides
and on pedestrian walkways
surrounding the buildings.
Parking lot areas on the
Northwest and Northeast
side of the project could use
additional lighting (some
parking spaces would not
have adequate lighting).
Provide adequate lighting.
I
Provide adequate lighting.
Metal halide should be used in
all parking lot areas.
Lighting around loading Provide adequate lighting.
area and dumpster area not
indicated.
Unknown if Porte - cochere Porte- cochere drop off needs to Will allow better traffic
drop off is one way. be one way with signage flow of vehicular traffic
stating same. entering and leaving the
property and prevent
potential traffic hazards.
•
•
Site plan does not denote a
deceleration lane for the
ingress and egress point on
Military Trail.
Details 'of commercial
numbering system not
indicated.
Dumpster area should not
allow for easy concealment
Building security device.
Add one deceleration lane.
Provide visible numbering
system which is easy to read
and not obstructed.
Dumpster enclosure should be
constructed as to allow natural
surveillance through the
enclosure.
Buildings should be pre -wired
for alarm systems.
The high volume of traffic
on Military Trail, and the
high speed of motorists,
warrants a deceleration lane.
Having a deceleration lane
will allow vehicles entering
the premises to do so in a
safer and smoother fashion,
and allowing those vehicles
not entering the premises to
have uninterrupted straight
through traffic flow, thus
providing less risk of rear
end traffic crashes.
Visible numbering system
will assist emergency
services and others to locate
the business in a timely and
efficient manner.
To help eliminate
concealment of potential
offenders and allow
observation of them.
Alarms serve as an excellent
detection and deterrent to
forcible entry.
(1 . C'1,13,
01 /1�;/Yuuu L.L. 40 00141741003 rll`LG Ir[uulp"-i
PINDER TROUT MAN CONSULTRiG, 114Co
`Transportation Planners and Engineers
January 13, 2000
Mr. Marty Minor
Urban Design Studios
2000 Palm Beach Lakes Blvd
Suite 600, The Concourse
West Palm Beach, FL 33409 -6582
RE: Doubletree North - #PTC98 -70
Dear Mr. Minor:
Attached is a peak hour driveway volume map, as requested, for
project for the following land use scenario:
25,000 SF Retail
8,115 SF Restaurant
Based on these volumes, only a southbound left turn lane into the
required. No northbound right turn lanes are required.
rAtit 02
. milli
2324 South Congress Avenue, Suite 1H
West Palm Beach, FL 33406
(561) 4341644 Fax 4341663
Email: pindertroutman @msn.com
above refeli6ne.
ernmost driveway is
With regard to signalization of the southernmost driveway, a signal wam nt study would have
to be completed. The minor street driveway volumes from our site are n t projected to meet
the warrant thresholds.
if you have any additional questions, please do not hesitate to call.
7Y 1 -
^01
L- a M. Troutman, .E.
Ia -f
Joel Channing
' Cb Of P.B.G. `=
JAN 28 2000 �!
PLANNING !6 ;'
ZONING
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SE14T BY: HP LASERJET 3150; 5617994281; APR -19 -00 9:51AM; PAGE 2
v
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
•
Meeting Date: May 4, 2000
Date Prepared: April 17, 2000
SUBJECT/AGENDA ITEM
Ordinance 13, 2000: 2nd ReadinglPublic Hearing - Rezoning of the former
Military /Northlake Enclave to the City's CG -1 District.
RECOMMENDATION
Staff recommends approval of Ordinance 13, 2000.
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Attorney L°� Growth Management Total [ ]Approved
Finance NA $ [ ] Approved wl
ACM J �"' • Current FY conditions
Human Res. NA [ ] Denied
Other NA
r
�
Sub ed ftyy l
/y r��
Gro ar i
Director
Approved by:
City Manager '41
Advertised:
Date: April 19, 2000
Paper: Palm Beach
Post
( ] Not Required
acted parties
fx] Notified
[ ] Not required
Funding Source
( ] Operating
j ] Other
Budget Acct. #::
( )Continued to:
Attachments:
*Ordinance 13, 2000
• Exhibit A
[ ] None
BACKGROUND
At its April 6, 2000 meeting the City Council passed Ordinance 13, 2000 on first reading.
The Council had no concerns regarding the proposed City- initiated rezoning.
•
At its February 17, 2000 meeting, the City Council approved Ordinance 2, 2000 which
amended the comprehensive plan to incorporate the former enclave properties and
designate them with Commercial land use.
The City Council approved the "Intedocal Agreement for Annexation of Enclaves" on
November 4th and the Board of County Commissioners approved the agreement on
December 21St, thereby annexing the Northlake /Military enclave into the City of Palm
Beach Gardens. County regulations apply until the property is brought into the City's
Comprehensive Plan and is rezoned to a City zoning district.
PROPOSAL:
This is a city- initiated rezoning to designate the former enclave with the city zoning
district CG -1 (general commercial). The total area is 2.59 acres in size.
Character of Former Enclave
Western Property. The western parcel is 0.73 acres in size. It has a County zoning
district of Commercial General (CG), and is occupied by a Hess gas station. There are
no County zoning /site plan approval records of this site. It is considered a legal non-
conforming use. (By current County codes a Class A conditional use for a convenience
store with gas sales would be required.) Blimpies (sandwiches) is co- located in the
convenience store.
Eastern Properties: The eastern properties total 1.86 acres in size. The area is
comprised of four individual (and separately owned) parcels. It has county zoning
district of Commercial Neighborhood (CN) or Commercial General (CG), and is
occupied by a commercial plaza which contains Stop >n Save convenience store,
Sitting Pretty Photo Studio, Pizza Man, Main Line Lounge and Rumors private club; a
building containing Gibson Market/Papa John's pizza; a showroom /business office for
North County Plumbing; and Amoco gas station. County zoning /site plan approval
records are only available for the North County Plumbing and commercial plaza parcels.
The Amoco station is considered a legal nonconforming use which would under today's
code require rezoning to CG and conditional use (Class A) approval. The other uses
are allowed by the zoning district.
Surrounding Land Uses
City Council
Meeting Date: May 4, 2000
Page 3
Military/Northlake<,Former.Enclave Land Use Amendment
Surrounding Land Uses
Development Name
Land Use
North
Northmil and Sunny Plaza
Commercial
South
Gardens Park Plaza and Shell
Oil Station
Commercial
East
Northmil
Commercial
West
Sunny Plaza
Commercial
Further, two of the properties (North County Plumbing and the Military Trail Commercial
Plaza) have county development orders.
ANALYSIS:
The proposed city zoning district, General Commercial (CG -1), is comparable to the
current county zoning. The properties are located at a major intersection. This is one of
the considerations used by staff when the CG -1 district was selected as the
recommended zoning district over CN (neighborhood commercial). Another
consideration was the zoning district of surrounding commercial properties (CG -1). An
analysis was performed to compare the properties' characteristics to both the CN and
CG -1 district criteria. All five properties will be non - conforming. Some of the non -
conformities are required by City code requirements to be corrected or removed (i.e.,
signs), others will be allowed to exist as long as the property is continuously utilized.
The nonconforming premises section of the code would allow some modifications, even
expansions to occur on these properties.
RECOMMENDATION:
Staff recommends approval of the rezoning from County CG and CN to Palm Beach
Gardens CG -1 (general commercial) with no conditions of approval.
Staff has notified the property owners about the pending rezoning.
/eat
G\Short Range \endave.rezone.st.doc
•
3
•
April 6, 2000
May 4, 2000
ORDINANCE 13, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR REZONING OF 2.59 ACRES OF LAND LOCATED AT
THE NORTHEAST AND NORTHWEST CORNERS OF
MILITARY TRAIL AND NORTHLAKE BOULEVARD,
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; MORE PARTICULARLY DESCRIBED
HEREIN; TO GENERAL COMMERCIAL (CG -1) DISTRICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens and Palm Beach
County entered into an "Interlocal Agreement for the Annexation of
Enclaves" pursuant to Chapter 171.046, F.S., thereby annexing into the
City 2.59 acres of land located at the northeast and northwest corners of
Military Trail and Northlake Boulevard, as more particularly described in
Exhibit "A" attached hereto ( "subject property"); and
WHEREAS, the City approved Ordinance 2, 2000, thereby
amending the comprehensive plan and designating the subject property
with Palm Beach Gardens Commercial land use; and
WHEREAS, the rezoning is consistent with the City's Comprehensive
Plan; and
WHEREAS, the Planning and Zoning Commission has recommended
approval of the rezoning.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Zoning Map of the City of Palm Beach Gardens is
hereby amended to incorporate the subject area and to rezone the 2.59
acres of land located at the northeast and northwest corners of Military
Trail and Northlake Boulevard, more specifically described in Exhibit "A"
attached hereto and incorporated herein by this reference, to City of Palm
Beach Gardens General Commercial (CG -1) zoning district.
SECTION 2. If any part or portion of this Ordinance is found to be
void or defective, the remainder of the Ordinance shall continue in full
force and effect.
SECTION 3. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 6th DAY OF April 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
A&
NOV COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD
INTERIM 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
/eat
\ \FILE_SRV\COMPROG \Short Range \enclave.ord.2.doc
5617994281;
;ENT 6y: i4P LASERJET 3150;
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PALM BEACH GARDENS
ORO. 2,198a
19890204
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PAGE 517
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NGRrHLAKC BLVD. :•• : �
t2U6JECT PARGeL. f
The zoning category for the property indicated un this sheet
may not be consistent with the property's Future Land Use
designation under the Palm Beach County Comprehensive Plan.
Please contact the Palm Beach County Planning Division at 100
Australian Avenue, West Palm Beach, K, 33406, (561) 233 -5300,
to confirm the property$ Future Land Use designation and
other relevant Comprehensive Plan requirements.
Pais
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!(A
NGRrHLAKC BLVD. :•• : �
t2U6JECT PARGeL. f
The zoning category for the property indicated un this sheet
may not be consistent with the property's Future Land Use
designation under the Palm Beach County Comprehensive Plan.
Please contact the Palm Beach County Planning Division at 100
Australian Avenue, West Palm Beach, K, 33406, (561) 233 -5300,
to confirm the property$ Future Land Use designation and
other relevant Comprehensive Plan requirements.
Pais
L2L OFf Ic
st,860 1'• : b",
0#mWr4ext 42 -42
•
•
City Council Meeting May 4, 2000
Petition SP -99 -05
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: May 2000
Date Prepared: March 13, 2000
Subject/Agenda Item: Petition SP- 99 -05, application for site plan approval of a multi -use
development consisting of 179,070 square feet of retail, office, and hotel uses. The subject site
comprises two parcels within the Regional Center DRI. The request is being made by Urban
Design Studio, agent, on behalf of the applicant, Mall Properties Limited, for parcels 27.05 and
27.06 located along PGA Blvd. North of Palm Beach Community College. (5- 43E -42S)
Recommendation/Motion:
Staff recommends approval of Resolution 26, 2000.
Reviewed by:
Originating Dept.:
Costs: $_0
Council Action:
Total
City Attorney
Growth Management i
[ ] Approved
Department
Finance N/A
J%/
��C
$ 0
[ ]Approved w/ conditions
ACM
Current FY
[ ] Denied
Human Res. N/A
Advertised:
Funding Source:
[ ] Continued to:
Other N/A
Date: N/A
[ ] Operating
Attachments:
Paper: N/A
( ] Other N/A
• Resolution 26
• Site Plan
• Exhibit A
[ x ]Not Required
• Waiver Justification
Sub e b
i ana ent
Affected parties
Budget Acct. #::
Department
[ ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
1 � Olc
0
•
City Council Meeting May 4, 2000
Petition SP -99 -OS
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Petition SP- 99 -05: Parcels 27.05 and 27.06
Regional Center DRI
....
2 n 0163
•
City Council Meeting May 4, 2000
Petition SP -99 -05
Meeting Date: May 4, 2000
A request by Urban Design Studio, agent, for site plan approval of a multi -use
development consisting of three land uses (retail, office, and hotel) with a total floor area
of 179,070 square feet in six buildings. The 16.19 -acre site is located within the Regional
Center Development of Regional Impact (DRI). The project consists of two lots divided
by Minsk Gardens Avenue. (05- 42S -43E)
I. REQUEST:
The applicant requests site plan approval of a 179,070 square foot multi -use development
located on a 16.19 acre site within the Regional Center DRI. The site fronts on PGA
Boulevard and lies south and west of the Meadows Mobile Home Trailer Park. The
approved land use designation of the subject site on the Master Plan of
Development/Map H is Retail/Office/Hotel.
II. BACKGROUND:
The proposed development is located within the Regional Center PCD. The adjacent
land to the north and east of the site is designated Residential Mobile Home, to the west
Retail/Office/Hotel (vacant), and to the south Public uses, including Palm Beach
Community College.
On February 16, 1984, City Council approved the Development Order of the Regional
Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses
consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use.
The Development Order has been previously amended four times. It currently permits
the development of 1,440,000 square feet of Retail, 1,210,000 square feet of Office
(business), 235,200 square feet of office (Research), 510,000 square feet or 600 rooms of
Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The
most recent Notice of Proposed Change (NOPC) to the Development Order of the
Regional Center DRI was approved by the Council on April 6, 2000, by Resolution 25,
2000. The NOPC approved the conversion of office research space to 50,000 square feet
of commercial use. The adopted NOPC is needed for this petition, since the petitioner
proposes the development of 50,000 square feet of commercial use on the subject site.
Currently there is one pending NOPC to the Development Order of the Regional Center
DRI. The NOPC proposes reconfiguration of the water management tract to maintain the
oak preserve on site, designating the oak hammock portion of the site as a preserve,
relocating and eliminating internal roadways from the Master Plan of Development, and
converting approximately 9.3 acres of Office/Hotel/Community Use to Multi-
family /Office /Community Use.
3
r) C� >
City Council Meeting
Petition SP -99 -05
0 A. Project Details:
L A
May 4, 2000
The applicant is proposing a 179,070 square foot multi -use development on a 16.19 -acre
site located within the Regional Center DRI, along PGA Blvd. The proposed
development is projected to be completed within one phase of development and consists
of two retail buildings each with a 25,000 square foot floor area, two office buildings
with 24,500 square feet each, one bank building with 3,420 square feet of floor area, and
a three story hotel building (118 rooms) with a 76,650 square -foot floor area.
Access to the site will be from Minsk Gardens Avenue, which intersects with PGA Blvd.
and continues into the Regional Center DRI to intersect with Kew Gardens Avenue. The
setback of the closest building to the roadway fronting on PGA Blvd. is 55 feet, which is
in compliance with the special setback requirement established for PGA Blvd.
The parking stall dimensions for the hotel are proposed to be 9'X18.5." However, a site
plan with 10'X18.5' spaces, with adequate number of parking spaces has been provided
to staff. The applicant is requesting waivers from the minimum size of parking spaces for
the hotel and the minimum number of loading spaces requirements allowed by the Code
for the hotel and the two office buildings.
B. Land Use and Zoning:
The master plan of development designation of the subject site is Retail/Office/Hotel.
The following tables illustrate the adjacent uses, land use designations, and zoning
districts:
ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, &
SITE ANALYSIS
EXISTING USE
ZONING
LAND USE
Subject Property
Planned Community District
Retail/Office/Hotel
Vacant
PCD
North
Residential Mobile Home (RMH)
MH
Meadows Mobile Home Park
South
Public/Institutional (P/I)
Public (P)
Palm Beach Community College
West
Planned Community District
Retail/Office/Hotel
Vacant
PCD
East
Residential Mobile Home (RMH)
MH
Meadows Mobile Home Park
4
UJ
•
•
City Council Meeting
Petition SP -99 -05
CONSISTENCY WITH CODE
May 4, 2000
Consistent
Code Requirement
Proposed Plan
Yes
PCD- Planned Community
District
Retail/Office/Hotel
Yes
Lot Coverage- 35%
17%
Yes
Parking- 517 spaces
562 spaces
No *
Loading spaces- 12
5 spaces
No*
Parking stall dimensions
10'X18.5'
9'X18.5' (for hotel only)
SETBACKS
Yes
Front: 55'
55'
Yes
Side: 15'
15'
Yes
Rear: 15'
75'
Yes
Building height: 36'
34.5'
Yes
Open space: 28%
37%
* Waivers Requested
C. Requested Waivers:
The applicant is requesting three waivers from the Land Development Regulations
(LDRs) including a waiver from the code requiring 10'X18.5' parking spaces for the
hotel use. The proposed width of the parking spaces for the hotel is 9'X18.5'. The
petitioners' justification for the wavier is that hotel use has a lower parking turn-over than
that generated by a commercial use. Petitioner has submitted an alternative plan with 10'
wide spaces, as required.
The second request is a wavier from the LDRs requiring the provision of two and three
loading spaces for 10,000 up to and including 50,000 square feet of gross floor area, and
50,000 up to and including 100,000 square feet, respectively. The Code requires the
applicant to provide a total of 12 loading spaces, based on the proposed square footage of
each of the uses within. the development. The applicant has proposed the provision of
only five loading spaces. As a justification, the petitioner has proposed providing larger
loading spaces than the required 12'X35'. The proposed loading spaces consist of one
21'X56' loading space for retail 1 and one 15'X70' loading space for retail 2, and the
remaining loading areas are based on the standard code requirement size which is
12'X35'.
The Third requested waiver is to allow the use of specialty pavers for the purpose of
defining important pedestrian crossings and entryways on site.
5
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City Council Meeting May 4, 2000
Petition SP -99 -05
0 III. ISSUES AND CONCERNS:
A. Potential Future Land Subdivision:
The applicant has indicated that the subject site may be subdivided into several parcels in
the future.
Staff and the petitioner have held several meetings to address this issue. Concerns
articulated by the City as well as possible legal and financial issues presented by the
petitioner were taken into consideration.
A potential solution has been found in which there will be a boundary plat, unity of
control over the entire development, and the subdivision of parcels within the site be
based on metes and bounds. Staff, the City Engineer, and the applicant agree that this
solution is satisfactory to all. However, new language needs to be incorporated into the
City Code before such subdivision can take place.
B. Consistency with PGA Blvd. Corridor Overlay:
The primary objective of the PGA Corridor is to encourage development or
redevelopment of the highest quality possible along the Corridor because it is the City's
"Main Street." For these reasons, the Corridor is of special interest to the City. Several
implementation tools have been developed within the Code to ensure that a special
identity for the corridor is created and maintained. Such tools include extensive
landscaping requirements, pedestrian walkways, bikeways, buffers, setbacks, limited land
uses, and planning and design as well as architectural guidelines. The applicant has met
site and landscape standards and requirements of the Overlay. However, staff believes
that the applicant should do more to achieve the high design standards expected of any
development located along PGA Blvd.
The PGA Overlay design guidelines include the requirement that "all elevations must be
treated equally as if all sides were the front of the building." The design elements should
include comparable facade treatment and landscaping on every elevation of each
building. The elevations of the proposed structures on site have not all been treated
equally. Nearly all the east and west elevations of each building lack adequate
architectural details, specifically retail buildings 1 and 2.
Both staff and Site Plan and Appearance Review Committee (Committee) members also
expressed concerns regarding the design of the hotel. This was due to the building's
extensive horizontal mass and lack of adequate architectural embellishments on all four
sides of the structure. Several modifications to the building have been made. Most of the
changes, however, have been minor relative to the comments made by Committee
members regarding the architecture of the hotel.
Staff believes the architectural changes made to the hotel do not sufficiently alter the
appearance of the hotel. Although the use of projecting elements, such as canopies and
overhangs, may be used to break the massing, in this case the horizontal mass is so
extensive that the few projecting elements used on the building appear to be ineffective.
6
•
City Council Meeting May 4, 2000
Petition SP -99 -05
C. Consistency with the Pattern Book:
Although the Pattern Book is currently under development, the draft guidelines have
existed since October of 1999. The intent of the Pattern Book is to provide a set of
design guidelines for non - residential development to create and maintain high standards
of design quality and to establish a unique and attractive identity for the City.
The proposed plan of development is generally consistent with the design guidelines
established for site and landscape plans. However, staff believes that the applicant
should provide additional architectural modification to the individual buildings as
specified in the Pattern Book.
Some of the guidelines call for significant emphasis on building entries, but little
emphasis has been placed on major entries of each proposed building. The most common
feature used for major entries, nearly in all cases, has been the use of covered entryways.
These entryways have no significant architectural details.
The Pattern Book also emphasizes that architectural treatment should be pursued on all
four sides of a building equally. Equal emphasis on all four sides of each proposed
building has not been reflected on the elevations submitted by the applicant. Most
notably, the east and west elevations of nearly every building on site has been relegated
into secondary status. The south elevation of office building 2, the north elevation of
office building 1, and the west elevation of the hotel building demonstrate the lack of
equal treatment of all elevations.
D. Consistency with the City Center Linkages Plan & the Strategic Plan:
The City's "Our Vision- A Strategic Plan" calls for creating linkages in the City through
the installation and expansion of the Parkway System within the City. The plan also calls
for identifying sidewalks /pathway needs, requiring new development to provide for
future pedestrian and bicycle access, and implementation of future conceptual linkage
plans.
The "City Center Linkages" plan also reflects a potential future pedestrian/bicycle facility
along the eastern edge of the proposed site of development along the boarder line of the
site and the Meadows Mobile Home Park. The applicant has agreed to grant the City an
easement to facilitate the implementation of the City Center Linkages plan. The
applicant has also reflected the easement on the proposed site plan of development.
Therefore, the subject development is consistent with the above referenced City plans.
E. Construction of Minsk Gardens Avenue:
The subject site of development is divided into two adjoining parcels by an undeveloped
roadway designated on the site plan as Minsk Gardens Avenue. The City has asked that
the applicant develop the subject roadway prior to granting approval for the development.
The applicant has submitted a plat to the City for the construction of Minsk Gardens
Avenue.
7
City Council Meeting May 4, 2000
Petition SP -99 -05
40 F. Si2na2e:
The applicant will submit a comprehensive signage program for P & Z Commission and
City Council approval in a subsequent petition(s).
G. Documents Requested by Staff:
The applicant has not provided staff with documentation of approval from the Regional
Center Development Review Board.
IV. SITE PLAN AND APPEARANCE REVIEW COMMITTEE,
RECOMMENDATION:
The Committee had expressed concerns regarding the overall architecture of the proposed
individual buildings on site. Throughout the three previous workshops held to discuss
this petition, the members requested major changes to the architecture of the individual
structures and indicated that more architectural details and embellishments were needed.
The overall sentiment was that the architecture was conventional and void of meaningful
articulation along expansive elevations, reasonable horizontal massing and equal
treatment and emphasis placed on all elevations. The architecture did not express the
high standard expected by Committee members of a visible development such as this
along the City's most important arterial, PGA Boulevard.
Most of the concern though, was expressed with regard to the architecture of the hotel.
Its horizontal massing, conventional design, and lack of architectural embellishments
made it visibly out of harmony with the rest of the structures on site.
During the last workshop the Committee members recommended approval of the
proposed development, but made no recommendation with respect to the hotel. They
also requested deleting and modifying a few conditions of approval. The members voted
as follows:
• Unanimously recommended approval of the site plan;
• Voted five to one recommending approval of the two retail buildings and the
bank;
• Voted four to two recommending approval of the two office buildings;
• Voted three to three for and against recommending approval of the hotel
building. Therefore, no recommendation with respect to the hotel was made.
V. SUMMARY OF CITY COUNCIL COMMENTS DURING LAST MEETING,
AND RECENT DESIGN CHANGES:
This project was reviewed by the City Council at its April 6, 2000 meeting. The majority
0 of City Council members were in favor of the proposed site plan and the alternate
architectural design of the elevations submitted by the applicant to the City Council. The
0
8
•
•
•
City Council Meeting May 4, 2000
Petition SP -99 -05
Council recommended that the applicant make some changes the retail and office
buildings, which the petitioner has made, including the following:
• Central elements of elevations for the retail buildings have been revised to include
pillar type columns;
• Light fixtures have been added to central elements for the elevations of the two retail
buildings;
• Windows have been modified to include arched and rectangular transom with
decorative awnings;
• Increased the size of the central element on the south elevation of retail building two
with a pitched roof,
• First floor windows of the office buildings have been modified to include arched tops;
• Raised the parapet between office buildings one and two at the central elements;
• Increased the size of the entry element on east side of the office buildings.
VI. STAFF RECOMMENDATIONS:
A. Staff recommends approval of Petition SP -99 -05 with conditions. This
recommendation is based on the positive changes the applicant has made since the
last City Council meeting on April 6, 2000. Staff, however, feels that the
applicant should provide additional aesthetic modifications to achieve the high
design standards expected of any development along PGA Blvd.
Staff recommends the following conditions of approval:
1. Prior to issuance of the certificate of occupancy, Minsk Gardens Blvd. shall be
constructed by the applicant and open to the public between PGA and Kew Gardens
Avenue (Planning and Zoning, City Engineer);
2. This approval does not include approval for outdoor seating with service at any future
restaurant (Planning and Zoning);
3. All signs must be in the form of individual letters and not boxes (Planning and
Zoning);
4. This approval does not include approval for any sign to be located on the subject site.
The applicant must submit a separate petition for signage approval to the Planning
and Zoning Commission and the City Council (Planning and Zoning);
5. The eastern 35 -foot easement depicted on the site plan shall provide for a minimum
ten -foot wide unobstructed pedestrian access for the purposes of implementing the
City Center Linkages plan (Planning and Zoning);
6. The petitioner must place the powerline along PGA Boulevard underground similar to
the rest of the Regional Center road frontage. If landscaping or existing native
9
City Council Meeting May 4, 2000
Petition SP -99 -05
................... ....................
vegetation were to be removed or could not be installed per the approved plans due to
utility work or easement restrictions, the City Forester and the Landscape Architect
of Record should revise the plan of development to the extent that the original intent
of the approved plan is realized (City Forester);
7. The petitioner is responsible for the maintenance of PGA Boulevard and Minsk
Gardens Avenue landscaping and irrigation abutting the subject property, if for any
reason the Regional Center Owners Association terminates its maintenance of said
areas. Said maintenance shall comply with landscape maintenance standards
recommended by the City of Palm Beach Gardens and shall commence upon
installation of landscape materials (City Forester);
8. All of the 55 -foot wide PGA Boulevard landscape buffer and the 35 -foot wide PCD
landscape buffer areas shall be platted as open space landscape easements for
buffering and landscape purposes (City Forester);
9. No medical or dental office or use shall be allowed on the subject site (Planning and
Zoning);
10. No Building Permits except for the clearing of exotic vegetation shall be issued until
a revised Surface Water Management System for Unit 19 has received final approval
from the City of Palm Beach Gardens and all other applicable governments and / or
agencies, including a schedule for implementing the plan and a definitive
commitment for funding the required improvements. (City Engineer)
B. Staff recommends approval of the three requested waivers by the applicant. The
justifications for the requested waivers are summarized on page 5 of this report. The
waivers consist of the following:
• A waiver to allow the use of specialty pavers on site;
• A waiver to provide only five loading spaces instead of the twelve required by
Code, based on the total square footage proposed to be developed;
• A waiver to reduce the dimensions of the parking stalls for the hotel from 10
X 18.5 to 9 X 18.5 feet.
0 G:Talal/SP -99 -05.5
10
0 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 BUILIDNGS (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 BLVD. WITHIN THE REGIONAL CENTER DRI AND
PCD, AND AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Mall Properties, Limited, for
approval of a master site plan for the construction of a multi -use development with a total
square footage of 179,070 and consisting of a bank with 3,420 square feet, a hotel with
76,650 square feet, two office buildings with 49,000 square feet, and two retail buildings
with 50,000 square feet, and for three waivers to allow the use of specialty pavers, allow
only 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 Blvd., as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Site Plan and Appearance Review Committee recommended
approval of petition SP -99 -05 with conditions, but made no recommendation with respect
to the hotel building.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a master site plan for a multi -use development consisting of a bank with 3,420
square feet, a hotel with 76,650 square feet, two office buildings with 49,000 square feet,
and two retail buildings with 50,000 square feet, and for three waivers to allow the use of
specialty pavers, allow only 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,
to the property located along PGA Blvd. within the Regional Center DRI, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference.
Section 2. Said site plan approval shall comply with the following conditions which
shall be applicable to the applicant, its successors, assigns, and /or grantees:
1. Prior to issuance of the first certificate of occupancy, Minsk Gardens Blvd. shall be
constructed by the applicant and open to the public between PGA and Kew Gardens
Avenue;
2. This approval does not include approval for outdoor seating with service at any future
restaurant;
3. All signs must be in the form of individual letters and not boxes;
4. This approval does not include approval for any sign to be located on the subject site.
The applicant must submit a separate petition for signage approval to the Planning and
Zoning Commission and the City Council (Planning and Zoning);
5. The eastern 35 -foot easement depicted on the site plan shall provide for a minimum
ten -foot wide unobstructed pedestrian access for the purposes of implementing the
City Center Linkages plan;
6. The petitioner must place the powerline along PGA Boulevard underground similar to
the rest of the Regional Center road frontage. If landscaping or existing native
vegetation were to be removed or could not be installed per the approved plans due to
utility work or easement restrictions, the Landscape Architect of Record shall revise the
plan of development to effectuate the original intent of the approved plan in a manner
acceptable to the City Forester;
7. The petitioner is responsible for the maintenance of PGA Boulevard and Minsk
Gardens Avenue landscaping and irrigation abutting the subject property, if for any
reason the Regional Center Owners Association terminates its maintenance of said
areas. Said maintenance shall comply with landscape maintenance standards
recommended by the City of Palm Beach Gardens and shall commence upon
installation of landscape materials;
8. All of the 55 -foot wide PGA Boulevard landscape buffer and the 35 -foot wide PCD
landscape buffer areas shall be platted as open space landscape easements for
buffering and landscape purposes;
9. No medical or dental office or use shall be allowed on the subject site;
• _ __ 12
D 1V 3
•
10. No Building Permits except for the clearing of exotic vegetation shall be issued until a
revised Surface Water Management System for Unit 19 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.
Section 3. Said approval shall be consistent with plans filed with the City's Growth
Management Department as follows:
1. Site Plan, by Urban Design Studio, last revised on February 1, 2000;
2. Site Plan with Lot Lines, by Urban Design Studio, last revised on February 1, 2000;
3. Landscape Plan, by Urban Design Studio, last revised on February 1, 2000;
4. Tree Preservation & Relocation Plan, by Urban Design Studio, last revised on January
13, 2000;
5. Planting Details & Legend, by Urban Design Studio, last revised on February 1, 2000;
6. Retail One — Landscape Plan, by Urban Design Studio, last revised on February 1,
2000;
7. Retail two — Landscape Plan, by Urban Design Studio, last revised on February 1,
2000;
8. Office One and Two - Landscape Plan, by Urban Design Studio, last revised on
February 1, 2000;
9. Financial Institution — Landscape Plan, by Urban Design Studio, last revised on
February 1, 2000;
10. Staybridge Hotel — Landscape Plan, by Urban Design Studio, last revised on February
1, 2000;
11. Lighting Plan, by Urban Design Studio, last revised on February 1, 2000;
12. Floor Plan, No. A -2.1, Republic Security Bank, by Song + associates, last revised on
February 1, 2000;
13. Building elevations, No. A -3.1, Republic Security Bank, by Song + associates, last
revised on February 1, 2000;
14. Building elevations, No. A -3.2, Republic Security Bank, by Song + associates, last
revised on February 1, 2000;
15. First Floor Plan, No. A2.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; &
Hafner: Architects Inc., last revised on February 14, 2000;
16. Second Floor Plan, No. A2.01, Staybridge Suites, by Johnson; Sheldon; Sorensen; &
Hafner: Architects Inc., last revised on February 14, 2000;
17. Third Floor Plan, No. A2.02, Staybridge Suites, by Johnson; Sheldon; Sorensen; &
Hafner: Architects Inc., last revised on February 14, 2000;
18. Roof Plan, No. A5.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; & Hafner:
Architects Inc., last revised on February 14, 2000;
13
r, 0 11 11
19. Exterior Elevations, No. A3.00, Staybridge Suites, by Johnson; Sheldon; Sorensen; &
Hafner: Architects Inc., last revised on February 14, 2000;
20. Office Building # 1, P -1, Architectural Design Associates, last revised on April 14, 2000;
21. Office Building # 2, P -2, Architectural Design Associates, last revised on April 14, 2000;
22. Retail Building # 1, P -3, Architectural Design Associates, last revised on April 14, 2000;
23. Retail Building # 1, P-4, Architectural Design Associates, last revised on April 14, 2000;
24. Retail Building # 2, P -5, Architectural Design Associates, last revised on April 14, 2000;
25. Retail Building # 2, P -6, Architectural Design Associates, last revised on April 14, 2000;
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS THE DAY OF 2000.
ATTESTED
BY:
. Carol Gold, Interim City Clerk
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
G :Talal /S P- 99- 05 -re -2. doc
•
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
14
Parcel 27.05
"Exhibit A"
A parcel of land situate in Section 5, Township 42 South, Range 43 East, within the
municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and
being more particularly described as follows:
Commencing at the Southwest corner of the Northwest quarter of said Section 5; thence
South 88 °51'28" East along the South line of the Northwest quarter of said Section 5 a
distance of 266.10 feet; thence departing said South line North 01 °08'32" East a distance
of 60.00 feet to a point on the North right -of -way Iine of PGA Boulevard as described in
Official Record Book 1112, page 856, public records of Palm Beach County; Florida, and
the Point of Beginning of the herein described parcel; thence North 87 °4231" West
along said right -of -way line a distance of 251.80 feet to the Southeast comer of a
Northern Palm Beach County Improvement District water management tract as described
in Official Record Book 5072, page 354, public records of Palm Beach County, Florida;
thence North 01'08'32" East along the East line of said tract a distance of 469.81 feet to
the Northeast comer thereof, thence South 88 °5353" East a distance of 264.82 feet;
thence South 43'52'41 " East a distance of 35.37 feet; thence South 01 °08'32" West a
distance of 410.05 feet; thence South 44 °44'41" West a distance of 55.24 feet to the Point
of Beginning.
Parcel 27.06
A parcel of land situate in Section 5, Township 42 South, Range 43 East; within the
municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and
being more particularly described as follows:
Commencing at the Southwest corner of the Northwest quarter of said Section 5; thence
South 88051'28" East along the South line of the Northwest quarter of said Section 5 a
distance of 266.10 feet; thence departing said South line North 01 °08'32" East a distance
of 60.00 feet to a point on the North right -of -way line of PGA Boulevard as described in
Official Record Book 4442, page 856, public records of Palm Beach County, Florida;
thence South 88 °51'28" East along said right -of -way line a distance of 70.08 feet; thence
North 01"08'32" East a distance of 10.00 feet; thence continuing along said right -of -way
line South 88 °51'28" East a distance of 98.02 feet to the Point of Beginning of the herein
described parcel; thence departing said North right -of -way line North 43'5 V28" West a
distance of 56.57 feet; thence North 01 °08'32" East a distance of 505.13 feet; thence
North 88 °5353" West a distance of 391.25 feet to a point on the West line of the
Northwest quarter of said Section 5; thence North 01'25'01" East along said West line a
distance of 39.97 feet to a point on the South line of the North 10.00 feet of the South half
of the Southwest quarter of the Northwest quarter of Section 5; thence South 89'53'54"
East along said South line a distance of 1326.59 feet to a point on the East line of the
Southwest quarter of the Northwest quarter of said Section 5; thence South 01 °05'58"
West along said East line a distance of 595.76 feet to a point on the North right -of -way
line of PGA Boulevard, said right -of -way line being 60.00 feet North of the South line of
IN
15 1i �;hil�lf
•
•
the Northwest quarter of said Section 5; thence North 88 °51'28" West along said right -
of -way line a distance of 555.01 feet; thence North 85 ^35'l 4" West along the North
right -of -way line of PGA Boulevard as described in Official Record Book 1112, page
856, public records of Palm Beach County, Florida, a distance of 175.28 feet; thence
continuing along said right -of -way line North 88 °51'28" West a distance of 165.98 feet
to the Point of Beginning.
16
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No.988 0322 '00 15:33 ID :UR4SAN DESIGN STUDIO FAX = 5616890551
WAIVER REQUESTS
AND JUSTIFICATION STATEMENTS
FOR
PARCEL, 27.05/.06 SPR
March 17, 2000
For your review and information are the waiver requests and
justification statements for the Parcel 27.05/.06 Site Plan Review:
Specialt:v P4Vgrs
PAGE 2/ 2
Urban Design
Urban Plannlog
Land Planning
Landscape Architecture
Communication Graphics
We request a waiver from the Subdivision Regulations to allow for the use of specialty pavers.
Specialty pavers allow for a higher quality entry experience. Not only are the pavers an attractive
amenity, but the delineation of an entrance to a development is consistent with Crime Prevention
Through Environment Design (CPTED) techniques, which is supported by the City.
)wading Spaces (Section 118 -569)
The petitioner requests a wavier from Section 118 -569 of the LDRs requiring two spaces be
provided for 10,000 up to and including 50,000 square feet of gross floor area and three spaces
be provided for 50,000 up to and including 100,000 square feet of gross floor area. This site
would, by code, require 12 loading spaces, two for each of the proposed retail and office
buildings, one for the hank and three for the hotel. The petitioner is requesting to provide five
loading spaces for the overall site. The spaces are spread throughout the site. Both Retail 1 & 2
have significantly larger loading spaces than the code required 12' x 35' loading space. Retail 1
provides a 22' x 56' loading space area and a 12'x 25' loading space for parcel delivery trucks and
vans. Retail 2 provides a 15'x 70' loading area. All other loading areas provide the standard
required loading spaces of 12'x 35'.
Parking Spaces Section 118475
The petitioner requests a waiver from Section 118475 of the Palm Beach Gardens LDRs
requiring 10'x 18.5' parking spaces for the hotel use on this site. The hotel use has a lower
parking turn over than a commercial operation. Previously submitted to the City was an l I x 17
site plan showing Staybridge's parking conversion to the full 10' x 18 - 5' spaces to demonstrate
how the reduced parking spaces will provide for more open space.
20DO Palm Beach Lakes Boulevard
Suite boa The Concourse
West Palm Beach, Florida 33409 -sa82
661.688.0066 661.669,0661 fax
Irvine. CA . 714.489.8131
18
• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
Meeting Date:—April 6,2000
Subject/Agenda Item
Public Hearing /First Reading for Ordinance 12,2000: A text amendment to City Code of
Ordinances regarding the amendment of the City's Code Enforcement procedure to
substitute the Code Enforcement Board with a Special Master.
Recommendation /Motion:
It is recommended that Ordinance 12, 2000 be approved.
Reviewed by: Originating Dept:
City Attorne
Finance: NA�
ACM
Human Res. NA
Advertised:
Date:
Other
Paper:
[ ] Not Required
Submitted by: f -17)00
Gwth a ment
Affected parties
Director
Costs: $ Council Action:
Total
[ ] Approved
$ [ ] Approved w/ conditions
Current FY
[ ] Denied
Funding Source: [ ] Continued to:
[ ] Operating Attachments:
[ ] Other I I
Budget Acct #::
Approved by: [ ] Notified [ ] None
City Manager ( ] Not required
BACKGROUND:
Staff is proposing the utilization of a Special Master to hear Code Board cases rather than
the previously established Code Board. This matter was discussed with Council in 1998
and it is now being revisited. As the complexity of code cases increase and the need for
consistency and attendance is paramount staff believes this has created a difficult burden
for the Code Board and its members. Using the process of a Special Master will
. substantiate a professional and legally accepted procedure to hear current and future code
violation cases.
•
As part of the research in preparation of the original ordinance 18 local Governments were
contacted. These local governments include:
Palm Beach County... CEB/ Special Master
Indian River County... CEB/ Special Master
Polk County .............
CEB/ Special Master
Boca Raton .............
CEB
Delray Beach..........
CEB
Greenacres............
CEB
Lake Clarke Shores..
CEB
Lake Worth .............
CEB
Royal Palm Beach...
CEB
West Palm Beach... Special Master
Lakeland .................Special Master
Tampa.........
CEB /Special Master
Boynton Beach.........
CEB
Jupiter .................. CEB
Juno Beach ..............
Special Master
Lake Park ...............
CEB
North Palm Beach...... CEB
Tequesta .................
Special Master
Council previously directed staff at the May 21, 1998 meeting upon review of this option
to discern the level of satisfaction with the program by consulting with other local
government s. (letter attached ) Staff received responses at that time from 7 of the 8 local
governments. Polk County did not reply. The majority of the responses were positive.
The remaining responses were description of the process or procedures offered on their
behalf.
RECOMMENDATION:
Staff recommends that Council approve Ordinance 12,2000 on first reading. Staff
anticipates it will take approximately 1 month to phase in the program with the Special
Master upon Council approval starting to hear cases in the beginning of May 2000.
REVIEW:
USE OF SPECIAL MASTER PROCESS:
Four of the 18 local governments contacted by staff use a Special Master for all cases .
Four use a Special Master and Code Board. Ten use only a Code Enforcement Board. It
is important to note that the Special Master concept is being used on an increasing basis
by local governments as knowledge of the process is distributed.
COST:
The cost of a Special Master ranges from $110 -$130 per hour. However it is important to
note that the eight entities utilizing a Special Master, four obtain the services on a
volunteer basis at no cost. If the City utilizes a Special Master three hours a month the
cost will range between $3960 -$4680 per year. However, the City can also seek
volunteer services.
"' -1 81
•
Options fora -Special Master
in the Code Enforcement Process.
City Council Regular Meetinv_
October 2,1998
BACKGROUND:
City Council •11 .M e• / • ' X11 Manag=cnt =ff to .s r:1 1 options for the use Of
Special
Master in &c Code Enforcement •1 • es part of IIIA rescarc14 smff contacted • •,:
Governments 1 • / •11 tdili 1 •. Master II W= II M• • 1 II or 11 +1 • \ •
W14 : r: • • t•t M:A: ffloo, . • • .It Mme: • -.1 :
1.11••: �M1M: •.M :�• �
: • 111•:1 : r: • M•�:
111 • • r M• • .«• .�•Ir
• 1
At the May 21, 1998 Council meeting, City Council reviewed the Special master program and
indicated the strongest level of interest in Option #1, Special Master only. A review of th+cse
Options is included in this report
• 11. �• •// .« .• •v. i • .• Ilv..v // • •�•: • • / • I/ •• • . :A•trw 1•
•/ .• t / • level of satisfaction. v4th It• program .•• w .1 /Y. 1 •• btall reccritd F • • // • /• • ✓. • • rr/111 r1t • • • 111 /1 • t •• • 1 - Ilr.l • • •/ M • • • 1• •111 •1111 1 • .� • • 1w w •.•... M ••• • / • il. i• • •r.\ • • • /r.• 1
received • . negative n r, o ..
RECOMMENDATION:
Staff recommends that Council approve Ordinance 6, 1998, on first readino_. This will enact
Option 91 and allow staff to proceed with implementation of the Special Master program. Sta ff
anticipates that it will take approximately 2 months to phase into this program; with the Special
Master bezinninQ woik in December, 1998.
REVIEW:
USE Of SPECIAL rri'A.STER PROCESS:
Four of the IS local governments contacted by staff use a Spacial Master for all cases. Four use
Ten use only Code 111• •..r .r• . • •• :•
It is important to now t• f the Special .MI- concept is • r1{ • used an an blareas14SW. • ?�j_w�..a'...�.
local governments as knowledge of the process is distrilmted.
The cost fora Special Master ranges from $110 - S130 per hour. However it is important to note
that of the eight entities ufinli7ino a Special Master, four obtain the service on a volunt= basis at
no cost If the City utili.2ns a Special Maser throe hours a month the cost will range between
53960 - 54680 per year. However, the City can also seek volunteer services.
••r :1 r • • • • • fis-RIEV, • r1• ;111:1 • • • -« • r i. ••1 - 11 • . •• 111•• h1 • • -• •.Iw
1) Sotcisl Mzster_Only; In this option, a Special Master would be used for all code
cases.. _
Pohl Advantages:
• Greater conSlSLeticy in decisions.
- Faster and more efficient hearings.
• Extensive Imowiedge of the law.
• Less adminizaiz— a workload due to a sztnnler process..
• Additionally, it may be less intimidating For a citiun to face a Special Master than a
Potential Disadvantages: -i
• Additional cost to city, unless services can be obtained on a voh�±tier-r- basis.
• No eidz= on the CEB means a lower level of community involvement.
2) Soeciil Master and Code Enforcement Board: There are several piziions for this
option. For example: a Special Masten' may be used for routine cases while the Code
Enforcement Board is used for more complex cases. Or the City may choose to use the Special
Master for the controversia_i cases such as industrial or commercial violations and the Board for
the residential_ violations.
Potential Advantages:
• Lower cost than Special Master only option.
• More flexibility in how hearincm are handled.
Potential Disadvantages:
• Some additional cost to the City.
•
Greater administrative workload due to handling two pcoci
3) Cods Enforcement Board only In this option, the Code Enforcement Board handles all
rases.
Potential AArtatspa:: - --
:I OWW coat lo,Ci yt m 8POCW maw qpd=
uning cc &C cm F'ov& it kM of oaf► imroivrmeat, ...- >:.::..
Poteaw DissAV►�aa�e
-
Greater venbz'lity in moons•
l
l
•
MI • Ii 1 • • •.Ih 1• w • .r1 IA's• •• ��r.�1•i /• Y • r•It11. r /IA �1•• /i1 • t1 1 • t. •,1 h
•IY • �• • / •.• • • •i /•.•.•r• 11 • r•1 �• 1 •r•1• 1
.•Ir •;• 1 • • •a /U• ti o••i w•.•1 .w •i.Y t •' /.•UI•.1 I�t -r•11 /11•.1.1 11 t1
.Y•, •.1 1T 11
.j
May 26,1998
CITY .OF PALei - ABE-ACH GARDENS
JWW H. I MffARY T"X - PALM NEACH 4ARDCXS. !'WPUD ► 2if1 "W
Mr. Sam Halter
Chief AAm;n ;ttr='w Office'
City o£Tampa
315 East Kennedy Boulevard
Tampa. Florida 33602
Dear Mr. Halter:
/ • •I..r •1 •• 1 •1 1.1. • =-7. . .:
•. • •_♦• r+•1 •• • •1 ♦• • _. ..• • r•.• ••• • •• • 1.• .r ,..1/ r. it ..• ..• . _♦ • •.1 • .•. •1 • •
' • 1 •• �1,� ..• • _•+• ...r •• ••fir • 11. •• �• •1 r••.•j r1 • / 1.1 • • •r.�
The Council will be making s final determination, on this meta in June or July. Thus a quick response would be
Post helpful. At your earliest convenience, please send a Ica= describing your experience, via fax (775 - 1014). ac
mail to:
Ro a=e M. Manning
City of Palm Beach Gardens
Growth Management Deparmaent
10500 N. Military Tail =-
Palm Beach Gardens, Florida 33410
We appreciate you cooperation in this salter. If you have questions, please call 775 -8295.
Sincerely.
Roxanne M Manning. AICP'
Growth Management Director
CC. Bobbie Herakovich, CM
Greg Dunham, ACM
Council members
['FR members
CE staff
*MWjh/G:\SpceM2-"7 _
� J
•
May 26,19"
Jun e:4Z NO
CITY OF PALM .BEACH - GARDENS
14M K. K. NVAM 7WA& • ..u. MACH 4AJMXCW P.00MA 32410 -04" 4'
W Eta ms S. Skioi3ROd
d
2 N r i !. wob A vs
LaloPU" Picot not -3Qi6
U the of Special htsstic ivt Gods Enfoccon" Cases
Dear Mr. Sttickkad.
The City C.oata ottm City of lsim Boa Car&= is cani3ociag tbs w" of a Special for oar Crode
Z:* w agent cases. As pact o[this ooasidrestica. our Co=ciil hss trgvestsd dw VVo oopd= &sacvsy cnooal -
sov"Wbe "wko vdliae iproial UA@tm to ascassia their level of sidsioaioa with *kpmows. -�
Mw C=w4 wiU be aa1.-:—q a lis�l dJMc�uastios oa ttirc avatar is Joss ac Jul :'Cb�us a gtticic twv- -w kovld be
most hslp�t. At � etsfie�t ca�waieoos. plesse send a istxa< $ � s�eciaaoa, reslbc �T?S- IOI4)„ oc
by aadt tx
City otpaba Bach aud.ot d.m
losm � 1 -
1's4m BeachbfLftry Tiat+dae�. rwi& 33410
We oa is 9 is mac if UVC
Y'� coopecstx Y'� a
«•
1
oc, Bobbie Halkovioh, Cori
Creg Dunham. ACM
Council m emba %
CE staff ..
B.M"W". poo=a
.VA
•
•
5615756214
TEDJE3TA -
City ofpsimaOwdum
14500 X ildimy T=A
PaimBee& G dws„ Fbcida 33410
wrnamom &... u immmift
Dsw M& Iw mmicV
PAGE
I�
O-
!i•
Jv�e 5,1991
In vagm sc to yaw bow "s MW 26.19M *W is to ' i I 7m diet t5s VMW of
Tegum a srf *t MprcLtnr Wo m be oar coda ccbr= w cases. We bm Aod *at
v6m a omtmed afte y is and, as oar acdimcs nsgai vk dead va Lmd kem is am*
w�ior. Ws bm abo tad dot the cants PC +dens is sped up WI& deci:ioas no& im a i01a1,
and sp•et sic ac. The rawk of tb's is dbat ooaw6iacr, vd 's tt� mom► psi, is . i3.�ea
s000cr. We dd bm a code ea1ot�aoatira ( board stem time. bnt it was very coafnist aad wn mt
very ol5ci=
If Iran nm d =*thieg f■Ktbcr pksse foci 4ec to coataa mc.
saw" Joba hamdo
Code Enboc Ol5m
$61•S75 -6213
561 -575 -6212 (Fix)
i
4e�°°s�
BOX 3273 357 Tcgws r Ddv<,Tegncse, Mcida 33469 -M
Ju" -045-96 11:49A
".OIL
-010 so-
0 •
• � • • . ,.• 1 • •. •, . fl, �,• •'J re,
f►•f•f # ••'1 • .•w 4 .• •
Jum 9, 1991
ROXXMC 1R. uUnling
City offtlm Beach Gad=
10500 N.WMkwy Trait
Pain Beech Gwdm FL 334104699
Re,: Use of Special l IMer for Cod* EFANCOMM Cana
: Dear ML MtaaimW
' In z wpn ew c to y= togtw%t, in our sxpaia+oa with the Special Muster hub= so poskive ti c
no bas bon 3iv= so So bw* to having a board. VAwn the board was bearing the
cases the time, sad cispusse vmm much morn time cow mcag. ilat is also a c cdmencyst is the
bass that are impose& B*Eow k a bat of attotnays with contact twmb .—.
>zady S.idon Glen & Pmlatt* Tocavia .
1501 Cocpomte Dci" Ste 290 One Ckadatce Ceaur
Boynton Bich FL 334n S(41504
(561) 732 -9004 250 Aususfia n Avmw South
Wtst Pala Beach, FF. 33401
(561) 932 -0644
If there is any guesdon pkast do not Mirwe to contact me at (561) 653 -3560.
may.
Sgt Robert Olsen
F"gd1
IC6;�r
C
C) 01 3
Depactnmt of lia ukg.
z4glag a" aftudi*g
Code Evdor
1irisioc
too Ausmdisn Avcacac
West Palm Beach. FL 33406
(561) 233.55M
FAX (561) 233 -3517
■
rahn so*& Carsgr
Dow e[ caesq
Ca.Eba66OWS
Bast Aarvasoo. Chsirmw
�+ndc Ford Loc, Vice Clsirman
Karen T. Mw==
Car*L A. Roberts
Wit. ta K Ncwrcn
Mary Ma=ny
Kea L Foster
C.eWq AdaniarWr*ftc
Robert Wcisrma. P.E.
•
-An Equal Opponlaw4y,
Affa wsa iw Action Ea plo>vr"
June 8, 1998
Y
toxanne M. Manning, A1CP
;rowth Management Director
Nty of Palm Beach Gardens
10500 N. Military Trail
'alm Beach Gardens, Fl. 33410 -4698
le: Use of Special Master for Code Enforcement Cases
Dear Roxanne:
7
This letter is in response to your request for infomtation regarTKV the
County's use of the Special Master for Code Enforcement cases.
Palm Beach County currently uses two forms of Special Masters for
Code Enforcement cases. On the one hand, the Board of County
Commissioners has appointed an individual to sit as a Special Master
to hear all requests for modification of fines. These requests are -
made after violations have been corrected, and fines are accrued.
Currently, the County does not allow a request for modification once k
Code Enforcement lien has b,---n referred for collection purposes.
In addition, the Code Enforcement Board, which consists of 7
members plus 2 alternates, has appointed one of their members to sit
as a `Special Master". This individual hears all those cases where the
violator's admit to the violation and have little, if any, evidence to
present These cases typically involve the County reading the
charges, the individual admitting to the violation and requesting a
reasonable time to correct This Special Master, what we cal! the
Code Enforcement Board Special Master, hears these cases
concurrently while the full Code Enforcement Board is hearing the
cases for those individuals who contest the violation. The CEB
Special Master also will hear those cases where individuals were
served and have not appeared.
-2-
..-
Tarty VWWI - .
Code
WSW
h3=L tr
U•I (W I S67 -8=
•
C7
June 16,1998
BOARD OF COUNTY COMMISSIONERS
1840 25th saws, VaV Z..ch FSwj & 92}60
Roxanne M. Manning
City of Palm Beach Gardens
Growth Maaagcmcat Dopartmcat
10500 N. Military Tram
Palm Beach Gardens, Florida 33410
RE: Use of Special Mister for Code Enforcement Case:
�� \! t_ \, .•1111/
.. •'..
i67 ;F1.. .I (Z -/ 1r_• .. /.. ...•.. • .111 -49-/!& . .. • • • 1• . •, /•
II/I111 • .1 • .111 w Ike :16,61 •
Please be • .• that • • :t1 River Iadopted the Special Mister ..•/ t e:•
ago. • • .t1 River County I w Special • • ram • c•►: •,1 • /sMore spedfically, the • •.
i • .1 • «1 : 1 II •/• serves as Special • ../ • is able to hear code t•: • mica Cases It then event
of i lack of quorum. at a regular i • .1 • meeting. Od=wisc, the Special Master may be used 1•
•.• • • Notices to • • e/ for the next scheduled Board •• x..•11 • .1w 929 •:1 one • •.1►:1.1 •n1
the Special • w heard • case that wan-.t11.• consideration 1 I lII and
waiting for the next rcV11nr monthly Code i • ./ I meeting.
For your information, attached is a copy of the County Code relating to the Special Master
alternative. If you have any questions, please feel free to contact me at (561) 567 -8000, c= 258.
Sincerely,
Roland DeBlois, AICP
Chief; Environmental Planning
and Code Fnforcement
cc: Robert Keating
James Chandler
TM98 -496
1 y i
QY of �w�wEE
JI; 2W
M��)nIMG
� ONNG
V /
F-- -I
L
a
TH TOWN OF JUNO BEACH
340 OCEAN DRIVE
PHONE (361) 626 -IIM • FAX (561) 775-0412
PAI W REACH COUNW
Roxanne M Miming
Growth Ummaec eat Duver-t-oc
City of Patin Beach C U&W
10500 N. M airy TOR
Palm Beach Gardens, FL 33410
I9�.
FLORIDA 33404
June 26, 1999
The Town of Juno Beach ha been very pleased with the use of a specW masw
for code Bcauie wee are daag with a tntinod pc 6 d, the
banffag of casts is fir mode cven4andod. In ad&tioa, there is less staff time
invotved in preparing cases for the special m=er than free a 1and ofhy Peeple-
Anodx r big advantsge is that you can set the tone for these lx-- cd'mis. by the
person you line. we wanted to bead over badmards oa the side ofthe rc6dent cc
busimm so we bired an amomey as our special m:stcr who we k w would do
that. Our cvcrimcc has beea so posnt m I would not even di* of going ba * to
a code cafe board.
Call me if you need any furtba ivformatiom
S'mce ray,
1f1�'6
Gad F. Nelson
Town Manager
n
0192
aa
W- 4
CmvdnbWWft
A29 =
an=
MOM=
eef�
•
CI*LL 6UT i i .
July 27, 1998
Yur Faa hail a (561) 775 -1014 & U.S. _Mail
fell VMV a.
.. 11 -0.14
m� is$
fall n rmr
•
to ...-0. • ... . •
-lei to
Dear Ms. Manning:
AUMIZCY
OQfoe of the Ctty
James D. Palero
MY Attmuq
4
JllCkrOf r-U
30
I am the Assistant City Attorney who represenft the City of Tama Division off,
Neighborhood Improvement before fire Municipal Code Enforcement Board. As such, I have .
been asked by Mr. Sam Halter to reply to your correspondence of May 26, 1998, concerning
the use of Special Masters in Code Enforcement Board scamp. The City of Tampa uses both
Special Mnstcrs and a full seven member Code Enforcement Board. The Special Masters have
all of the powers that a member of the Code Enforcement Board enjoys. However, the Special
Masters officiate only at initial hearings which are in the nature of case management
couferences. These he:aarinp are held during, the first two Wednesdays of the each month. Tba
Special Masters hear pleas from the alleged violators and proceed only in cases where an alleged
violator has pleaded guilty or has faded to appear afar being duly noticed. In the latter
instance, the Special. Master hears evidence from the inspectors or other witnesses and then
determines whether a violation exists, orders correction and sets fines. Alleged violators who
plead not guilty before the Special Masters, are referred to a full board hearing which is held
on the third week of each month.
0193
•
City of Palm Bcach.Gardcns
Page TWO
Duty 27, 1998
hope this infOrMItiOn Will assist you 11 the operation • your 1
Feet free to cantwt me should you have any questions Code 11 • Y.Ill..nli Board.
rIIIt1• 11 of .1111••:
procedures-
P) . •
x�'�*�eac.u.•�
Sincerely,
Jorge L ]
A�
315 East Kennedy Blvd., 5th Floor - Tampa, Florida 33602
813/27448996 • Fan: 813/274 -8809
0 M E M O R A N D U M
WATTERSON, HYLAND & KLET, P.A.
•
To: Paul Friedman, Code Enforcement Administrator
cc: Roxanne Manning, Growth Management Director
From: Leonard G. Rubin, City Attorney (!F
Subject: Ordinance 23, 2000 (Special Master)
File No: 319.057
Date: April 10, 2000
Attached please find a revised version of Ordinance 12, 2000. I have reformatted the
ordinance to show all additions and deletions from the current language. Please note the
following additional changes to the ordinance originally drafted by Carole Post:
Section 2 -188 has been amended to allow the special master to hear cases involving
violations of development order conditions.
Section 2 -211 has been amended to provide that the City Council may remove the
special master with or without cause.
Section 2 -33 has been amended to include fine amounts within the purview of
matters that may be included within a stipulation.
Section 2 -238 has been amended to reflect changes in statutory language relative to
the execution of judgments. This section has also been amended to allow the City to
execute upon any real or personal property owned by the violator irrespective of whether
the violator owns the land upon which the violation exists.
Section 2 -240 has been amended to provide that an appeal should be considered
timely if filed within thirty (30) days of the written order, rather than within thirty (30)
days of an oral pronouncement. Procedurally, it would be very difficult to appeal an oral
ruling.
�_r
. Paul Friedman, Code Enforcement Administrator
April 10, 2000
Page 2
Section 2 -241 has been amended to reflect new statutory changes. One change of
note is that it is no longer necessary to post a property for ten (10) continuous days
provided that the notice was posted at least ten (10) days prior to the hearing.
Section 2 -242 has been amended to provide that lien reduction requests be filed in
writing with the special master. I have also added language to clarify that the decision on
whether to reduce a fine or lien is discretionary with the special master and may not be
appealed to circuit court.
Should you have any questions relative to these latest revisions, please do not
hesitate to contact me. If not, please forward to the City Clerk for placement on the next
available agenda and consideration by the City Council.
0
P: \CPWin \History\000328A \1 11.lA(scw) (319.057)
•
r" 0 11> G
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 OFTHE 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:
0 Ordinance 12, 2000
Page 2
Sec. 2 -187. Declaration of icgisiativeiIntent.
A JtQtGV 1111 r.V. � 1 VL.VL, :It is the intent of this ui;;isior, 1 article to promote, protect,
and improve the health, safety, and welfare of the citizens of the city by authorizing the
creation 11 cf all lir listrative Uoaru; 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 aii%l— i� auoj�t�u j.�u.... --t L— ti � riyiw, No'vJcr3,
and..I „I..a :..,. a t....aL. • r n L. a cn
UUIIGJ JGL IVI L I I1, 1 .J. lit 1. I VG.
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 cone er lforcel � ter It board special master shall have the jurisdiction and
authority to hear and decide alleyeu V IUICILMA lIs of tI G VVUGJ QI IU VI U11 IQI II.GJ GI IC21 -,L iU UY t fe
viA. L..._. J: a...J I .a: a:_... -- a,.
l where G Q racliUll ly of I GPU43LUU V IU10LIVl 1 l.or I1111UU0 w UA16L. cases involving alleged
violations of:
1 an codes ordinances or resolutions of t
(_� y he city,
(2) 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
(3) any statute, code, rule or regulation incorporated into the city's code of
ordinance by reference.
(L.) Ill t.. _.... ...,. .... a L....._.J I.. ..II L. .. .._ ..... .,1 .J ....:.J ....:..I.. a:...,.... F ........ .J :L:.. ... C .. .....
UU I IIG GIIIVIVGIIIGIII UVQIU JI all 1L QIIU UGVIVG VIVIQ lIV11J VI Qlly 1�V11UILIV11 VI QI1�/
A .. 1 ..a _a _ raL. .:a.• :1 ._r._..1 a taL. .:a...1 .. .-1 .. __.. ....,: ..
UGV GI opIIIGIR VI UGI VI 111G VIL court ,ll VI IIIIQI QV11V11 VI Ll lu 01 L Via C31 IU Q'./` dal QI IVG IVVlVVV
•aa.... .J aL..�_ ..:.....:1.._ a. .... .. t .J .... ...L.:.. L. L... :J., _.a.. .J L... aL... •a.. :..
VVr11111111GG QIIU ally Vl11Gl JIIIIIIQI lYP'-- VI \+VUGJ VVIIIVII 111Cly LJU CIUU LK-,U LJY UIU Vlly 111 1116
t..a. ._.. .. .L.:.. L.. .,.. .I.. a.. ,. aesthetics, L. ..a:..,. a_. ...a:.. ... F..1.. t ... ,, ..a.. 1.. .... a:.. .. ..t ......,
future VVIIIVII regWates aesthetics, cons ruction, solely/, ldJe VI �.JI V'.1G11�/, VI IVI�Q IIVII VI Qlly
structure or, GQl. I propelty Jr. `ll � Ic tl'al y 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 provisions of this a :ic;e are si i ,el; er ltal authority ranted herein is not
exclusive and shall not prohibit the city from enforcing its codes by other legal means.
Is 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 followin
n
0 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 th°
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:
(1) 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.
(2) 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.
n 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 3. nROC`DURLS ;1X viw`rviEivT mil' T11 HE CODE ENFORCEMENT
"^ ^ ^^ PROCEDURES
Sec. 2 -231. Initiation.
(a) An alleged violation of any of those cones or oruir la; Ices oft ;e city 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 ;;arioos cone; or oruil 101 ces it I force [I II t ;e c;ty such codes, ordinances,
resolutions or formal actions.
(b) It shall be the duty of the code inspector to initiate enforcement proceedings_
of U16 VCIIIVUJ l..ouGJ. 114V IIIGIIIUC.I VI CVUG GIIIVIl.G111G11t vvard shall 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
eedes 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 enforce) Ie� It board special master and request a hearing. The
coin ri11IVItiGment boar:; special master, through its city clerical staff, shall schedule a
hearing, and written notice of such hearing shall be hand delivered or mailed as provided
` -" ^ ^"^ herein to the violator. At the option of the cone GIIIVIcernGI1t board
111 JC'i liUVl l G-LYL
special master, notice may additionally be served by publication or posting as provided its
Se%tioi G'LYL 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 coin GIIIVIcernGl1t board 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 enlforcel 1en It board special
master and request a hearing. The code er lforcel n lent board special master, through ft
P
Ordinance 12, 2000
Page 5
city clerical staff, shall schedule a hearing and shall provide notice as provided herein. The
case may be presented to the e 11 Orce rn erlt goal u 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 er IftJrce � ler It boai u special
master and request a hearing.
Sec. 2 -233. Procedure Conduct of hearing.
(a) Upon request of the code inspector, or at such other times as may be
necessary, the chair of t e G,u2 GIIIVIceiment board special master may call a hearing.
Minutes shall be kept of all hearings by the er IfVI ce I e Il board city staff, and all hearings
and proceedings shall be open to the public. The city shall provide clerical and
administrative personnel as maybe reasonably required by the e lfvi ce � er it Li aru 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. Any part of the evidence may be
received in written form.
(f) 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:
(1) That the alleged violator has, in fact, committed a violation or that a violation
has occurred on the property at issue. 0 _
Ordinance 12, 2000
Page 6
(2) 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 tho
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.
a J 1C-- L- . ILI -,— .J:..:-
At a code enforcement hearing p rovIdUed I%JI L,y LI11J UIVIJIUII conducted pursuant to
this article, the burden of proof shall be upon the cVude Inspector ector city 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 UVaIU ulidel'
this division special 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 tamer
herein.
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C) C21;J2
Ordinance 12, 2000
Page 7
VV IGL IGI VI I IVl JUli111 GVIUGI IUG VVVUIU UG QU1111JJ IUIG 111 Q 111Q1 111 JL IG l.VUI LJ. 1111�/',JgI l of lle
GVIUG11GU 111cly Ulu IGL 11 iGIVGU I YVIILter, IV1111. T IG V IQ11PUIJVII Ql IIIJ/ IGI %JI0\i1GLIV11 May
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;VIUGIIUG, VI V111G1 IIIQIIGIJ IGIQtGU tV QII GIIIVIL�GIIIGIIt �.JI VI�G;U II1 .
Sec. 2 -237-6. Findings; order.
(a) At the conclusion of the hearing, the code GI I1FOrce111Gl it board 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 erlfvr �1ant board's 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
G1VIcerriG111 board
11 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 coda GIIIVILiC'i111Gl11 UVQIU'J 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 er ifuorce m e It board 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 er l uorce1 � 11ent board special master
may consider the following factors:
P, C? ? 1. 3
•
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 code enfu-rcei� e It board 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 cone erlfVr n, a It Board 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 e0de
e rduIliGment Voard 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 cone ei Iluorce111G1 It Lboa d 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;Jf Niaru m ig arid zorling code inspector or the direet0r'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 .f the violatvi uU-Ves rlvt ovi l the lar d, and upon any other real or personal
property owned by the violator. Upon petition to the circuit court, such order may shall be
enforced 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 -rd G11IVIcerrierit VVQIU special master may authorize the city attorney to foreclose on the lien.
No lien created pursuant to the provisions of this section may be foreclosed on real
property which is a homestead under section 4, Art. X of the state constitution. P. Y. x
C?
SOrdinance 12, 2000
Page 9
(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 lien is commenced in a court of competent jurisdiction.
In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fee, that it incurs in the foreclosure. 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 lis pendens is recorded.
Sec. 2-24% Appeal.
Any aggrieved party, including the city, may appeal a final administrative order of
the code e 1 lJr oe m ent board 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 haariily at vVhiGh t IU %JIUUI VVOO e;ally
pronounced 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 premises, by leaving the notice with the manager or other person
na: .. ...............,. A ...L.... -. a:... [..:..I..a :-- L..... L....... :1..d a.. aL...
in charge. I roper rotS%-G IJ PIGJUIIIGU VVIIGIQ 0 IIVLII,G VI VIVIQLIVII IIQJ UUMI IIIQIIGU IV LIIG
last n1.lVVVI, CluurGss of ti 1G alleged viViQiVi, Vr LIIU 1iICMiiIy QuuicJJ US ais Ni0p&1iy ail1UyUu
tV UG 1111 viviQiiVi 1, by ivliiliGd 1 i IG7ii, Qi 1.0 U ie alleged violatV1 , i ISO QyGi 1.i, Vi other F./Gi JVi I
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QUUIGJJ VI IIVUJGIIVIU.
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 unclgrimv qr�`
• Ordinance 12, 2000
Page 10
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 (coal 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 enfOrcerrient board 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 uor 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.
aProof 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 coda e nfu- roe r ent board special master during which time the alleged violator is
required to appear; the name and address of the alleged violator, the address or legal
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.
0 Sec. 2 -242. Procedure for reduction of fines and liens.
0 02kiC
Ordinance 12, 2000
Page 11
(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:
(1) All ad valorem property taxes, special assessments, city utility charges and
other government- 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 orquasi - 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 :,ioUe enfuorce� m e� �t
u0aru 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.
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 pect* IT$ �r
ko (y :f A
. Ordinance 12, 2000
Page 12
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 , 2000.
PLACED ON SECOND READING THIS DAY OF , 2000.
PASSED AND ADOPTED THIS DAY OF , 2000.
SIGNED:
0 MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
ATTESTED BY:
CITY CLERK
r]
COUNCILMAN CARL SABATELLO
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
�; -4. J
•
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
AYE NAY ABSENT
PACPWin \H I STORY\000328A \43F.18(319.053)
Ir
•
Ordinance 12, 2000
Page 13
TO:
APPROVED:
FROM:
SUBJECT:
eatlo
CITY OF PALM BEACH GARDENS IU 6,g, `} &
MEMORANDUM da - 4 dtd ptt4-VC
Mayor and Council DATE: April 16, 2000
Nabar Enrique Martinez, City Manager/ t
Beth Ingold -Love, Assistant to the City Manager 0-
Liaison Appointments to Advisory Boards
In response to your request for the current listing of Council Liaison appointments to
advisory boards, task forces or intergovernmental agencies, we are requesting your
assistance in completing the attached table of current appointments. We are unable to
locate in the City Clerk's office the current list of appointments and are therefore
attempting to reconstruct the list.
We are hoping to complete the list and include in the May 4, 2000 Council Agenda the
items of liaison appointments for the 2000 -2001 year.
Thank you.
BIL:bil
•
•
CITY OF P °` '.. a�:. GARDENS
COUNCIL —TO BOARDS
TASK FORCE or =OO I 2000 -2001
BOARDS APP APPOINTMF.NTc
Art Advisory Committee
Eric Jablit�~
Art Task Force (Municipal
Complex)
Eric Jablin
Beautification & Environmental
Dave Clark
Code Enforcement Board
Carl Sabatello
Education Advisory Group
Eric Jablin
Equestri Task Fo
ve Clark
Loxahatchee Council of
Governemnts
Dave Clark
Municipal League
Joe Russo
NAMAC
Northlake Boulevard
Task Force
Lauren Furtado
North County Economic
Advisory Board
Joe Russo
North County Planning Forum
PB County Metropolitan
Planning
Lauren Furtado
Planning and Zoning
Commission
Carl Sabatello
Recreation Advisory Board
Lauren Furtado
r7 ,;
Memo
From: Eric Jablin
To: Mayor and Council
Re: Draft of proposed letter to Governor Bush
from Education Advisory Board
Dear Governor Bush:
This letter is written on behalf of the City of Palm Beach Gardens in response to the
Governors A+ Education Plan. Although the concept of rewarding schools that are
performing well is commendable, the obvious negative affect, which the plan has on low
achieving schools we feel is counterproductive.
We believe that schools thay are not achieving at the appropriate level should be given
greater assistance in order to close the gap of achievement. The labeling of low
performing schools as failures creates an atmosphere of low moral and poor self - concept.
Every educator knows that a plan which dose not take into consideration the needs and
self - esteem of each pupil is flawed.
We feel the plan should be revised to address the real issues of raising achievement
without demoralization and punishment. Low performing schools need help, the kind of
help for instance that is given to low performing schools in North Carolina. In that state
these schools are sent teams of top educators who specialize in turning around failing
schools. They help to identify problems and introduce strategies to solve them. It is
working in North Carolina, why not let it work for us in Florida. We would love to see
an A+ Plan in Florida but one that will work for all the schools.
Respectfully Submitted,
The Education Advisory Board
The City of Palm Beach Gardens
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2.i.2
MEMORANDUM
WAITERSON, HYLAND & KLE-IT, P.A.
To: Mayor and City Council
From: Andrew A. Pineiro, City Attorney CIK
Subject: Governmental Risk Insurance Trust
(Settlement of Claim of Lois Donaldson)
Date: April 10, 2000
The City insured its employees for workers' compensation coverage with the
Governmental Risk Insurance Trust (GRIT) for the 1994 -1995 fiscal year. GRIT is not a
standard insurance carrier; rather, GRIT is a group self insurance fund and is classified as
such under Florida law.
The claim of Lois Donaldson, a former City employee, arose during the time in which
the City was a member of GRIT. Once GRIT began to experience financial difficulties,
GRIT hired a claims handling company named The Zenith to administer all of its claims.
The Zenith, in turn, retained the law firm of Conroy, Simberg & Ganon to defend Ms.
Donaldson's claim. GRIT, through its handling company and attorneys, attempted to settle
the claim and reached a figure of $180,000. The City acquiesced to the "settlement in
principal" because it believed GRIT was responsible for payment. However, due to its
financial position, GRIT refused to finalize the settlement unless the City guaranteed
payment of the settlement amount.
While GRIT claimed that the City was required to guarantee the claim pursuant to
the Interlocal Agreement governing the relationship between the City and GRIT, the City
argued that the intent of the Agreement was to apportion risk among all of the members
of the pool and that GRIT was obligated to the pay the settlement. GRIT refused to pay
because it claimed it lacked sufficient resources, i.e., its liabilities greatly exceeded its cash
and investments. On March 17, 2000, before this issue could be resolved, GRIT filed for
Chapter 11 bankruptcy protection. As a result, GRIT is no longer making the court ordered
bi- weekly indemnity payments to Ms. Donaldson. These bi- weekly payments will continue
for the span of Ms. Donaldson's life unless a lump sum settlement is reached. In an effort
to speed up the pending settlement, the Ms. Donaldson's attorney threatened to bring
proceedings to enforce the order granting the indemnity payments.
Because GRIT is defined as a self- insurance fund (meaning that the City was
actually self- insured during the 1994 -1995 fiscal year if GRIT became insolvent), there is
a strong likelihood that the City will be held responsible forthe payments to Ms. Donaldson.
To that end, this office has retained Brian Huott, Esquire, a workers' compensation
0 specialist, to: (1) determine the value of Ms. Donaldson's claim, and (2) act as counsel for
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0213
the City for all dealings with her attorney. After viewing Ms. Donaldson's file at Conroy,
Simberg & Ganon, Mr. Huott determined that $180,000 was a fair settlement. We have
attached a copy of Mr. Huott's letter for your review and consideration. In consultation with
City staff, we agree with Mr. Huott's determination and recommend settlement of the claim.
This office is still researching the issue of whether the City can seek indemnification
from GRIT during the course of the bankruptcy proceedings, and we are conferring with
a bankruptcy specialist to determine the City's indemnification rights. Should you have any
questions relative to the foregoing, please do not hesitate to contact this office.
P: \CP W in \H I STORY\000328A \F5C.OA(bh)(5 )(319.087)
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Andrew Piniero, Esquire
April 6, 2000
Page 2
this figure should be multiplied by the claimant's life expectancy of 26.6 years. Using the
more conservative value, we come to a total of $199,500.00. It should be noted that in the
original yearly figure, we have assumed that the claimant would be successful in obtaining
aid and attendant care benefits. Obviously, this may also bring up issues with respect to
attorney's fees and costs being owed if that benefit is obtained by the claimant's counsel.
This figure is of course dependant on the number of hours the claimant's attorney has
expended along with his billable hourly rate. Without any doubt, the settlement of
$180,000.00 inclusive of fees and costs seems to be just in that the total exposure the
emp!oyer /carrier would face with respect to indemnity and medical only, is significantly
higher than the settlement amount even when reduced to present value.
Having determined that the claim was valued at $180,000.00, we did attend a
conference at your law firm on April 5, 2000, where the City's finance director was also
present. At that conference, some of the issues discussed were the necessity for a public
hearing prior to paying the settlement, bankruptcy issues, and possible future exposure
which the City may face with respect to this workers' compensation claim. As discussed,
I was directed to offer the claimant's attorney payment of the indemnity benefits in an
attempt to avert a Rule Nisi hearing in Circuit Court. Although in the long run, I feel that
the City may face exposure with respect to arguments such as estoppel and waiver if the
settlement is not executed. For example, it is possible that the claimant' attorney could
argue that since the City undertook payment of indemnity benefits now they must also
assume payment of medical benefits. Since these dollar amounts could be significantly
high over the claimants lifetime, it became even more apparent to those in attendance at
the conference that the settlement should go through on an expedited basis.
Having said that, I did have an opportunity to talk to Joe Vassallo, Esquire regarding
postponement of any Rule Nisi action in Circuit Court. During our conversation, Mr.
Vassallo indicated that if the City undertook payment of the claimant's indemnity, he would
not fide a Ruie Nisi Petition. Furthermore, Mr. Vassailo has tentatively agreed to the
biweekly payment of $887.68 which includes supplemental benefits. I do expect that Mr.
Vassallo will be sending a correspondence confirming that dollar amount. In the
meantime, it is my understanding that the City will conduct a public hearing with respect
to payment of this settlement in this very serious claim on an expedited basis in an attempt
to avert certain exposure in the future with respect to payment of the claimant's permanent
total disability benefits and medical benefits which will most certainly be very costly.
Lastly, although my evaluation did not include an estimation of defense costs, the City
could expect those also to be relatively high given the fact that the claimant's attorney is
very aggressive and will most assuredly pursue each and every avenue available with
respect to this workers' compensation claim.
02 J
LAW OFF;CES GEORGE. HARTZ, L'JNpE -N 8. =ULMER
,;1 71 FM4T, , STREET . ANTHONY BUILDING S-11 �ni . WEST .Pa_u _EACH - _ORIDA
Andrew Piniero, Esquire
April 6, 2000
Page 3
In the meantime, if you have any questions regarding this or any other matter,
please do not hesitate to call.
Imm
cc: Kent Olson, Finance Director
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Sincerely,
BRIAN J. HUOTT
0 P� G -)
LAW OFFICES GEORGE. HARTZ. LUNDEEN & FULMER
-1; CM 111 1-11T . ANT4I'lNV -11 nine_ 11-1 . !-- one .. 1 _ _ . _