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HomeMy WebLinkAboutAgenda Council Agenda 111899All 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 WORKSHOP MEETING NOVEMBER 18,1999 6:00 p.m. I. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark and Councilman Sabatello. II. ITEM FOR DISCUSSION: 1. Discussion with Municipal Art Task Force re: New Municipal Complex Art Program III. ADJOURNMENT. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: Friday, 11/19/99, 9:00 a.m. - 4:00 p.m. - City Council Workshop Tuesday, 11/23/99, 6:30 p.m. - Planning & Zoning Commission Thursday & Friday, 11/25 &11/26/99 - Administrative Offices Closed for Thanksgiving Holiday Thursday, 12/2/99, 7:00 p.m. - City Council Regular Meeting Thursday, 12/9/99, 7:30 p.m. - City Council Special Regular Meeting IV. PRESENTATIONS: 1. Advisory Board Presentations 2. PGA Boulevard Flyover (Alternate Traffic Routes & Construction Schedule) V. CITY MANAGER REPORT: 3. Construction Manager Report 4. Grand Opening/Anniversary Celebration VI. AWARDING OF BIDS: 1. Awarding of Bid for Interior Sign Installation for Municipal Complex 2. Awarding of Bid for Fire Station Bay Floor Coating 3. Awarding of Bid for Asbestos Abatement for Existing Municipal Complex VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: 1. Proclaiming November 24, 1999, as Arbor Day. IX. PUBLIC HEARINGS: 1. Notice of Proposed Change - Regional Center DRI Use Conversion. (Public Hearing, adv. 6/2/99; Postponed from Regular Meetings of 6/17/99, 7/15/99 and 10/21/99) 2. Ordinance 28, 1999 - Providing for Approval of Catalina Lakes Townhomes PUD (Public Hearing, adv. 11/3/99; Consideration of Second and Final Reading and Adoption) X. RESOLUTIONS: 1. Resolution 124, 1999 - Consideration of Approval of Concurrent Processing of the Golf Digest Project. 2. Resolution 144, 1999 - Consideration of Approval for Amendment to Resolution 96, 1999, the Consolidated and Amended Development of Regional Impact and Planned Community District Development Order for The Regional Center; Providing for Amendment of the Master Development Plan. 3. Resolution 145, 1999 - Consideration of Approval to Amend Resolution 93, 1979, By Amending the Site Plan for the PGA of America Headquarters. 4. Resolution 146, 1999 - Consideration of Approval of Appointments to the Planning and Zoning Commission 5. Resolution 147, 1999 - Consideration of Approval for Authorization to Apply for FEC Crossing at Kyoto Gardens Drive. 6. Resolution 148, 1999 - Consideration of Approval of an Extension of Cable Franchise Agreement with Adelphia Communications. 7. Resolution 149, 1999 - Consideration of Approval of IAFF Contract. XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 47, 1999 - Providing for Expansion of P.ublix at Oakbrook Square. (Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL• XV. CITY ATTORNEY REPORT: 2. Gardens vs. Vavrus XVI. 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) 775 -8255 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. From: David Porter To: Bahareh Keshavarz Date: 5/27/99 Time: 2:26:20 PM Page 1 of 1 CITY OF PALM BEACH GARDENS ART ADVISORY COABUTTEE (AAC) May 1999 Proposed FY 2000 expenditures from the accumulated funds is the account known as the "Art Fund." EXPENDITURES: Our total expenditures from the Art Fund are summarized as follows: • The approximate amount of money presently in the Art Fund $440,000 • Cost for Outdoor Art at City Hall, including competition costs & installation ($300,000) • Cost for first - year's Art Fund contribution to Indoor Art at City Hall ($25,000) • Cost for other miscellaneous art to be purchased by the AAC for other areas of ($30,000) the City • Total proposed expenses by AAC for FY 2000 ($355,000) • Balance Remaining In The Art Fund at end of FY 2000 $85,000 Please note that no proposed e- vpenditures are intended to come from taxpayer dollars or supported programs. All FY 2000 AAC expenditures are to be drawn from the Art Fund account which has no ties to tax dollars. Proposal for Art in Public Places and Spaces at our new City Hall Complex By the Art Advisory Committee (AAC) GOAL: We propose to manage and fund the integration of art into our new city hall complex. And, the good news is that it will require the expenditure of zero dollars of our taxpayer's money. HISTORY: As you may or may not be aware, the Art account, comprised of money contributed by commercial development projects which chose to contribute to this fund in lieu of selecting and installing art at their projects, has grown to approximately $440,000 since 1988. This fund will presumably continue to grow considering the amount of development about to take place in our city in the upcoming years. Since the inception of the AAC, also in 1988, it has not made a recommendation to city council to spend a penny of this accumulated money on art for our fair city. Periodically, we have researched various parcels of land on which to locate a publicly visible piece or arrangement of art and at each search we come up dry on suitable city-owned sites. The lands around most of our city for the location of public art are mostly on state -owned road right -of -ways. Obtaining approvals to use such DOT lands for the display of public art is a daunting task that we have considered too bureaucratic to battle. MISSION: It is the opinion of the AAC that we now have the ideal opportunity to invest a substantial portion of the accumulated Art fund back into our own investment, our new city hall complex. We won't find a more public space for the display and focus of public art than our new city hall complex. We have developed a proposal for both exterior public art and public art for our indoors public spaces. Please read on to learn more. PUBLIC ART AT CITY HALL ON THE OUTSIDE: In order to provide for a substantial art piece, pieces, arrangements, themes, concepts, and/or other types of outdoor public art, we propose to conceive, manage, and fund an international art competition for designing, developing, and installing outdoor art at city hall. We have the budget to draw worldwide interest for such a competition. We will first prepare a set of goals for the art, restrictions, and a budget. We plan to work with a public art consultant who has experience at organizing and managing major art competitions such as this. We have already done some preliminary research on finding consultants. Our first step is to identify the services of this public art consultant and to go through the necessary advertising for services. Upon selection of the public art consultant, we will engage his or her expertise to help us refine our outdoor art request for proposals (RFP). The consultant will be in charge of the necessary advertising of the competition to the state, national, and international art community. The consultant will also be in charge of responding to phone inquiries from competitors, receive and organize the proposals, weed out those not meeting the RFP criteria, and to then present the proposals to the AAC. The AAC, with the consultant's assistance, will then serve as the art jury and select a "short- list" of proposals, of a quantity not yet determined. From this short-list, a series of refinements to the RFP will be requested and an updated submission sent back to the AAC through the consultant. A second round of critique by the AAC and the consultant will commence and a final short-list of a pre - determined number of contestants will be chosen (maybe, five). From these finalists, actual moquettes, models, drawings, renderings, and sketches will be prepared and submitted to the AAC. A nominal monetary stipend may be offered to these finalists to help defray their costs, as is traditionally done for finalists in art and architecture competitions. The AAC, along with the input and approval from city council, will then serve as the final art jury to select the winning entry for the new outdoor public art at city hall. As far as the AAC is concerned all monies to compensate the public art consultant, to fund the competition process, and all the way through to the contracting and installation of the chosen outdoor artwork, will be funded by the Art fund. There is no intention on the part of the AAC to use any of the city's revenues contributed by taxpayers. The AAC has discussed some parameters regarding location(s) for the outdoor art at city hall. At this point in time, our intention is to not force blinders onto the subject of art placement but to just define areas of possible art placement. Through the creative process of design, it is hoped that the interested artists in this competition will help us formulate more specific siting parameters for the art. We don't want to strap an artist into single - vision thinking by telling them that'X' marks the spot and all they have to do is design a piece to "plop" down on that spot. The creative process of design may bring about a more dramatic series of art pieces scattered around the bounded parts of the site and to serve as multiple focal points to tie the public portions of the site together. We have attached a partial site plan of the new city hall complex showing our suggested site borders for the outdoor art. Our budget 'guestimates' at this point in time are as noted below. Until we seek out a public art consultant and define his or her scope of services, the amount we have budgeted for this person is a conservative estimate on our part. • Artist's and art cost: Design and installation $250,000 • Public Art Consultant's fee, including consultant's travel expenses, & misc. $25,000 • Advertising costs (for both the consultants' RFP and the competition RFP), $10,000 copying, postage, printing, photography, PR, etc. • Stipends to five finalists ($2,000 each) $10,000 • Misc. contingency expenses $5,000 • TOTAL ESTIMATED COST FOR OUTDOOR ART AT CITY HALL $300,000 We would like to once again emphasize that this entire expenditure will be paid out of the existing Art fund and not from any taxpayer supported programs or budgeted line items supported by tax dollars. The use of the Art fund monies in the way we have outlined falls completely within the purview of our Art in Public Places ordinance, but we urge you to confirm this with the city attorney. We believe that the ordinance mandates that the AAC advise the city council on the use of the Art funds for the purchase and installation of public art for the betterment of the citizens of our fair city. We think that our proposal supports this cause and hope that you concur. PUBLIC ART AT CITY HALL ON THE INSIDE: To further promote public art and various art media, other than three- dimensional sculpture and items too large to fit indoors, we propose starting a program to purchase a permanent, indoor art collection. In discussions with various parties at city hall, we have discovered that the city hall development budget did not include monies for indoor works of art. At least we think this is the correct information. We have also been in touch with Sue Bardin of Peacock and Lewis, the interior designer hired by the city, to see if any of the "interiors" budget includes artwork. We were told the answer to this question is also a "no." Therefore, here is our two -fold proposal for an ongoing indoor art program at our new city hall complex. Foremost to consider, is that this will require no taxpayer dollars. First, we think that the Gardens' Art Program has provided a very strong art program of revolving art exhibits to our city. It has provided city hall and the council chambers with many styles of art and has livened up the spaces and lives that visit the building. Consider how the walls look when the art is taken down; pretty boring. Many of the artists who have exhibited their works in the council chambers have been top- notch, local artists. We would like to find a space or spaces in the new city hall interior, preferably the main lobby space and/or the council chambers, to allow the Gardens' Art Program to flourish with their rotating exhibits. This provides "free" art to the building's interior at all times and local artists acquire an outlet to exhibit their work. We would like to work with Ms. Bardin to refine the area where this program will be permanently housed and have the proper mounting materials and lighting provided to highlight the artwork displayed by this program. Secondly, we would like to start, initially fund, and continue to fund a permanent art collection - purchasing program for our city. We propose to use some of the remaining Art fund to purchase artworks from local artists and to permanently display them throughout city hall. In our opinion, the Art in Public Places ordinance allows the AAC and city council to purchase works of art where the public can view them. If there is any one building in our city that will be visited at some point in time by the majority of city residents, it will be our city hall complex. We don't consider the placement of art on the inside of city hall to be the same as "public" art on the interior of a private club or a commercial facility that may be frequented by only a small percentage of residents, as is not permitted by the ordinance. We have invited Ms. Bardin to our June meeting to coordinate how her interior design and indoor art may harmoniously merge. This will probably translate into providing this permanent art collection on most of the public corridors of the building and not within private offices. For the first year's purchase of art, to be implemented just prior to the completion of the new complex and so that it can be installed as the interiors are being fitted out before move -in, we propose spending $25,000 of the remaining Art fund. This will buy probably between 10 to 20 pieces of original artwork for the walls of the new complex. This should dramatically help liven up the interiors and at no cost to the building's development or interiors' budget. You have free art expertise in your AAC members, so why not take advantage of this vessel of experience and knowledge. Should the police and fire buildings be included in this overall expenditure and placement of public art? We propose to establish an RFP for local artists (limited to just Palm Beach County artists) to submit slides to the AAC of their selections that meet our RFP criteria. We will establish the submission criteria. At this point in time, the general feeling of the AAC is to select local themes. The only restriction will be that it must be capable of hanging on a wall or from a ceiling (think hanging mobile sculpture). The Gardens' Art program has an impressive resume of local artists who have exhibited works at city hall. You have seen their work on the council chambers' walls during each council meeting. We would use this list as a good starting point for our search. This initial influx from the Art fund should get the permanent art collection off to an invigorating start and give the new city hall that "lived in" feeling. In each subsequent year, as funds in the Art fund permit, we suggest offering $10,000 per year toward annual art purchases. This should buy between 5 to 10 new pieces each year. We think we will run out of wall space before we will exhaust the Art fund. At this point in time, our purchase budget figures are open for discussion and refinement but it gets the thought process in gear. The selection process for the subsequent annual purchases would continue along the same lines as the original purchase. This annual event could continue as long as there is a blank wall someplace, the Art fund can support it, and there is interest through future city councils to continue the pursuit and support of excellence in local art. As a footnote to our proposal for providing art at city hall, we have discussed putting together a simple brochure that will be available just inside the door at city hall. It would provide a self - guided tour of the complex and show and describe the on -site art, similar to how we composed our recently printed "Public Art in Palm Beach Gardens" brochure. The brochure will be the unifying factor tying the art together with the buildings and grounds. We will have transformed a simple city hall administrative complex into something more dynamic than just a building in which people work. It will become a secondary public art museum to our fair city, open and available for all residents and visitors to enjoy. BOTTOM LINE: Our total expenditures on costs from the Art fund are summarized as follows: • The approximate amount of money presently in the Art fund $440,000 • Cost for Outdoor Art including competition & installation ($300,000) • Cost for first- year's Art fund contribution to Indoor Art ($25,000) • Balance Remaining In The Art Fund After City Hall Art is Completed $115,000 CONCLUSION: We hope that you will concur with our plans and visions for providing the experience of art into our new city hall complex. As your Art Advisory Committee, we have a rare opportunity to bring the life of the arts to all of our residents and at the unconscionable price of $0. Please review this proposal and reply back to our Committee with your thoughts and comments. With your approval of our proposed city hall art program, we can get started right away on its implementation. Thank you from the members of your Art Advisory Committee. i . - — —■ I� 1 . - IM757 r li uus „_ i757 � rwoc J TOWN SOUAF 'y 6757 W �I i I I i . v 4 _ Kim t lo-W e Y1 b JOHNSON DAIRY RD. --sea -sru_'E W924• _ _ — i n Q \ LL BASER FIELD 05 \ b BASEBALL A (1 r — 1 I 11-7S Bow- II o W-1 57— 11 o I I 1 BASEBALL I I o III I I �I 1 I I� I e I 1 EXISTING 1 FIRE STATION i I I j \ III I \ \� I � t27211• . 17 MIND --- L— - -- O In e �A ALL FIELD 46 I ?pi I 7AI� FIELD -1 r ° ,�•� ZWD7 in II iA L FIELD U 02 ----------- i � 1 i .1' BURNS ROAD *4 Pr #T Al 11 Molo. PGA FLYOVER Schedule: MOT last reported to the City Council that the project was programmed for FY00 /O1. The schedule is to have design/construction plans 100% complete by June so that the project can go to bid and the contract be awarded in the Fall of 2000. It is expected to be a 36 -month project. Routing: As MOT reported last year, the phasing plans provide for the construction to begin with the southerly lanes and bridge structure. These are located south of the current right -of -way line. After construction of the southerly portion is complete, both east - and west -bound traffic will be routed onto the newly finished structure while the northerly lanes and bridge structure are constructed. Architecture: Ed Oliver, OG &P, will present the finalized concept designs for the project. With Council's agreement, these designs will be provided to FDOT to include in the project plans. MEMO PARKS AND RECREATION TO: Carol Post, Interim City Manager Q FROM: Sue Miller, Director, Parks & Recreation DATE: November 8, 1999 RE: Anniversary Party/Open House ........ ........................................... ............................... Staff proposes that the Anniversary Parry /Open House be held on Saturday, March 4`h, from 11:00am until 3 :00pm. In order that staff may make arrangements with prospective vendors, entertainers, etc., I would like to have council firm up this proposed date at their earliest convenience. Activities slated for the event would include free lunch, entertainment and tours of the new facilities. Although baseball will be in full swing at that time, staff believes that the parking lots around city hall, the athletic fields and the Bums Road center should accommodate all visitors. If you would like to further discuss this recommendation, I am available at your convenience. CC: Richard Diamond, Assistant City Manager CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Date Prepared: November 10, 1999 Subject/Agenda Item Purchase of Epoxy Floor Coating for the Central Fire Station Apparatus Bay floor. Recommendation/Motion: Approval of piggyback bid from Dade County in the amount of $16,360.00 Reviewed by: Originating Dept.: Costs: $16,360.00 Council Action: City Attorney Fire Rescue Department Total [ ] Approved Finance Kb F\(� U $ 16,360.00 [ ] Approved w/ Current FY conditions ACM ` P__ [ ]Denied Advertised: Human Res. Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Other: Letter extending square Bond Proceeds footage price to the City. Submitted by: [ X ] Not Required Contract Department Head Affected parties [ ] Notified Budget Acct. #:: 23- 0900 - 519.6200 Boca Raton P.O. [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: Non -slip flooring was not included in the present contract for the renovation of the Central Fire Station. Non -slip flooring is required as a safety item for the fire station. Memorandum Date: November 1, 1999 To: Carol Post, Interim City Manager From: Scott Fetterman, Asst. Chief / Fire Marshal 1�61' RE: Purchase of epoxy flooring for Fire Apparatus Bay floor. The Fire Rescue Department is requesting City Council approval to purchase non- slip epoxy floor coating for the apparatus bay at the newly renovated fire station. BACKGROUND The Fire Rescue Department has always in the past had a non -slip epoxy floor coating installed in the apparatus bays to reduce slip and fall injuries and aid in keeping the floors clean. This feature is present in Stations 2 & 4 and was present in the Central Fire Station prior to renovation. Unfortunately Architects Design Group neglected to include this safety feature in the specifications for the renovation of the Central Fire Station and was not included in the present contract with the contractor. Further, the National Pollution Discharge Elimination System requires Fire Rescue to wash vehicles inside of the building so that an oil water separator can collect water runoff. Therefore, the need for the non -slip epoxy floor coating is extremely important safety item and needs to be installed to provide a safe and clean work environment. DISCUSSION When Fire Rescue became aware that the floor coating was not included in the contract, we contacted Ray Casto and advised him of the need for the coating. Ray Casto obtained a quote from Suffolk Construction that was in excess of $20,000. Fire Rescue then decided to try to obtain quotes ourselves in an effort to save money. Fire Rescue checked with several Fire Departi-nents in the area and found that Boca Raton had recently contracted with the Dura Bond Company to refinish the apparatus bay floors at its stations 4 & 5. The City of Boca Raton piggybacked on a Dade County bid, (bid number 106- 410), that was awarded to the Dura Bond Company through a competitive bid process. (cont) DISCUSSION (Cont) We contacted the Dura Bond Company and they agreed to extend the same price per square foot for the epoxy floor coating to us at the Dade County Bid Price. The square footage price based on the Dade County bid from the Dura Bond Company for the Central Fire Station totals $16,360.00. This includes approximately 6,000 square feet for the apparatus bay, and an additional 680 square feet for the adjacent rooms. ( Decon Room and Storage Rooms) Fire Rescue further checked with other fire depaii- inents that have used the Dura Bond Company and found that all were extremely pleased and happy with the quality and workmanship of the company. RECOMMENDATION The Fire Rescue Department recommends the approval of a piggyback bid from Dade County for the installation of Epoxy Floor Coating in the amount of $16,360.00. Sbny 3y: uuraoonct �.o.; 3U5 576 U70U; ucr -4 -9y 15:;Jb' 011RO Rol-III (All -IPOn4 O,_tober 4, 1999 ATTN: Scott Fotterman OFF: 561 775 -8%50 Pam Beach Gardens Fire Dept. FAX: 561 775 -8263 10500 North Military Trail REF: New Fire StaLiu:� . Palm Beach Gardens, Florida 3340 -4698 We hereby submit the following estimate: Materials and labor to prepare new concrete using Steel Shot. 51ast- Preparation and install Dura Flex Shop Floor 45 Mil, Epoxy /.irctiane Coating on Apparatus Stay, Halls and Decon Room. Apprvx. 6,000 square feet. $1 `, 011 p. 00 Extra for adjacent rooms, 680 SF $ 1,360.00 Striping would be extra, if required. Color: %i %e .Pe c1 Pr'.ce 1s based on one mctv.l 1 iza-, ion du -ring i:Cliittdl bUS.li 'CO t ours Dura Bond Company guarantees the zr.aterial and lab(:)L for ti:i.s cb for one year. WE PROPOSE hereby to furnish rnat.eri a1 and labor - complete in accordance with a:ove specifications, for the sum of: TOTAL PRICE: $ 16� 3 & 0. ° ° The Undersigned agrees to Terms and Conditions on Page 2 of Contract. 35% Deposit at acceptance. Balance due upon completion, 1.5% per month Finance Charge after 30 days. Dura Floor Inc. d /5 /a Dura Bond Co. J tee M. Canar Vice President Extension 12 Farc-d: Page i of 2 Palm Beach Gardens Fire Authorizod Signature Print Name and Title 142 NW 29th Street. tniami. Florida 33127 + Dade (3Q5) 5 7 ,6 6533 • Fax (.305) 576 -0107 DARN ROAD COPIPHIIII October 20, 1999 Scott Fetterman Palm Beach Gardens Fire Departinent 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 Mr. Fetterman: Dura Bond will extend the same square foot cost for the installation of our Shop floor Epoxy /Urethane System as those installed on the Boca Raton Fire 'Station,,. Sincerely, ames A Cai 6 L- Vice President WCr1:me. 142 N.W. 29th Street, Miami. Florida 33127 • Dada (305) .576 -6533 . Fax (305) 576 - (.11017 PURCHASE ORDER CITY OF BOCA RATON 201 W, PALMETTO PARK. RD, BOCA RATON, FLORIDA 33432 -3795 PHONE: (561)'391-7871 1=AK: (561) 393 -7983 1995 SHIP TO: DORA BOND COMPANY 142 Ai.W. 29TH ST12L• I�. i' 'lU: MW .MI, P'L. 33127 1 /U4 w - -� 003471 ! t nlut; NUM.RFR MUST 10 {PEAR ON N_L INVOV'M, PACKING LIM.. LAIM L5, 81315 Oh LADING k L'ClRR FFDfINrlru!'t•' CITY OF BOCA RATON iv1UiNIC'IPAL SVC S Cy-WFL OC FACRM MA1NT, BLDG. A 2500 NW ISTAVE HUCA RATON, FL 33431 CONTRACT NO ORDER DATE: 03118/9Y PROJECT NO.: F.O.B.: f) STINATION ACCOUNT NO, : 001- 0000 - 142.42 -00 TERviS: NUT .. DELIVER BY DATE: 09[099 (I _ F p �y•�{� x :t ; >'£ r 1 FACILITY MAINTENANCE CONTRACTOR SERVICES 11300.00 JOB 1.0000 11300.00 RESURFACE APPARATUS BAYS AT FIRE STATIONS 4 & 5 TOTAL 11300.00 RED'IA(t&S ALL TERMS, CONDITIONS, TERMS AND EPECYFICATIONS OF DADE COUNTY 1311 NUM_BHR 106 -VVIO SHALL APPLY PL8ASE SCHEDUL2 'WORK WITH BOB VAN HOUDT AT 561 -91b -3419 COUNCIL ACTION WTMBER -3 -C -6 DATED 3116199 I A(l'THOR I ZED BY /U1tCl,;tlE•� ;�iia H1,:F':N'1" • BOB BC7—INSKI F.NVOICE TO: '7f itw3u pwiba3cd are dataified as toxic or hazardous rubdanc a under Chapter ,442- (FaiAre w mferenee P.O. No, may rerun us deday�a PAYUENT1 Ftoridt SuUcs, vendor must Rub:ttit cupief.. of MSDS tot oroh substance to the dtimery Cay Of&x:a Raton, Financial RQ ioua Dem tmerd location ut time of shipment. Products mutt ba idartiflod and It+x1ed in accordance with 201 W. Palmetto Park Road OSHA /urdtrds. Failuea to —1)P3Y with 1,660 wquir -47" wiU roault iu delay ut .. _. n...- w... - -_ . ,. r. v r..• - -- - - -r .,,.41 ,... ».I;,.v... t. —..A6 All r —.. ..A .... ," 1... -V -4- - -I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/12/99 Meeting Date: 11/18/99 Subject/Agenda Item Award of contract for the removal of asbestos from the existing Police Station and City Hall. Recommendation /Motion: Staff recommends awarding a contract to DPC General Contractors in the amount of $36,200 for the removal of asbestos at the existing Police Station and City Hall. Reviewed by: Originating Dept.: Costs: $ 36,200 Council Action: (Total) City Attorney Finance [ ] Approved $ 36,500 [ ] Approved w/ Finance ao Current FY conditions [ ]Denied Advertised: ACM Funding ource: g [ ]Continued to: Attachments: Other Date: September 26, [ ] Operating 1999 ( X] Other - Bond Paper: Palm Beach Post [ ] Not Required Proceeds Memorandum Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #: 23- 0900 - 519.3150 [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. MEMORANDUM TO Carole W. Post, Interim City Manager FROM Kent R. Olson, Finance Director Kko SUBJECT : Asbestos Abatement at existing Police Station and City Hall DATE November 12, 1999 BACKGROUND The City advertised for proposals on September 26 to remove the asbestos from the existing Police Station and City Hall. The City received a total of seven (7) proposals which were opened on October 28. DISCUSSION The City's asbestos abatement consultant, Robert Gaudet of Gaudet and Associates, has reviewed the proposals as indicated on the attached letter. The firms and their proposed costs are shown below. Company DPC General Contractors Project Development Group American Environmental Sal's Abatement Decon Environmental Allied Environmental Florida Minority Builders Fee $ 36,200 $ 39,000 $ 73,000 $ 73,664 $ 76,500 $ 84,800 $ 98,723 Mr. Gaudet recommends the City accept the proposal from DPC General Contractors to remove the asbestos from the existing Police Station and City Hall. RECOMMENDATION Staff recommends awarding a contract to DPC General Contractors in the amount of $36,200 for the removal of asbestos at the existing Police Station and City Hall and authorizing the Mayor to sign a contract with same. att. GAUDETASSOCIATES, INC. Mr. Jack Hanson City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Asbestos Abatement Bids City Hall/Police Station Dear Mr. Hanson: November 4, 1999 Gaudet Associates, Inc. has reviewed the bids which were submitted for the asbestos abatement project at the City Hall/Police Station in Palm Beach Gardens, Florida. It appears that DPC General Contractors, Inc. was the responsible low bidder at a price of Thirty -Six Thousand Two Hundred ($36,200.00) dollars. A copy of their cost proposal package is enclosed for your reference. If you have any questions or require any additional information, please feel free to call. Sincerely, cwat� Robert S. Gaudet Vice President of Operations RSG /pmp Enclosure /cost proposal 420 Clematis Street ■ West Palm Beach, FL 33401 ■ Phone: 561- 659 -5604 a Fax: 561- 832 -6075 Miami, Florida ■ Phone: 305 - 717 -3234 ■ Fax: 305 - 717 -3475 San Juan, Puerto Rico ■ Phone: 787 - 721 -5035 ■ Fax: 787 - 722 -0252 PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; WHEREAS, Arbor Day is now observed throughout the nation and world; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, do hereby declare November 24, 1999 as: "ARBOR DAY" in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the hearts and promote the well -being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed, on this 4th day of November in the Year of our Lord, Nineteen Hundred and Ninety -Nine. Mayor Joseph R. Russo Attest: Linda V. Kosier, City Clerk CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (Conversion of Office /Research to Commercial Use) Recommendation /Motion: Staff recommends that the City Council finds that the proposal does not constitute a substantial deviation to the DRI. Reviewed by- Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Q Planning Div. [ ] Approved Other N/A $ 0 [ l Approved w / conditions Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating June 2, 1999 staff report [ 1 Other N/A location map revised DRI /PCD Master Plan (Exhibit H) table from Exhibit H Paper: Palm Beach Post [ ] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: surrounding property owners City Manager [ ] Not required I. BACKGROUND Consideration of the Notice of Proposed Change was advertised for the June 17`h City Council meeting to comply with the maximum 90 -day review period established by state law. Due to unresolved issues, this public hearing had been continued to July 15 ", then again to the August 5th meeting, then again to the September 2n1 meeting, then again to this meeting (November 18 "') IL REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate AIA, and west of Prosperity Farms Road. (5, 6- 42S -43E) III. PROPOSED CHANGE The petitioner has acquired vacant parcels as a result of the Foundation land sales and desires to construct/locate additional commercial uses within the project. Currently, the Gardens Mall has utilized the entire 1,390,000 s.f. of commercial use approved by the development order. The applicant is proposing to convert 164,800 s.f. of approved office /research use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office /research use from 400,000 to 235,200 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally located along the PGA Boulevard corridor. The applicant is also clarifying the master plan by denoting the approved neighborhood commercial and cultural arts uses within the tabular data. IV. STAFF CONSIDERATIONS The proposed change is presumed to constitute a substantial deviation to the DRI. The applicant has effectively rebutted this presumption through a traffic analysis which demonstrates that the simultaneous increase and decrease in approved uses is equivalent (from a traffic impact perspective). FDOT, DCA, and TCRPC concur with the City's findings of equivalency and no new or additional regional impact. V. RECOMMENDATIONS Staff and the Planning & Zoning Commission recommend that the proposal be determined not to constitute a substantial deviation to the development of regional impact. P*EPARED BY- AND THE OANKER $ L COMPANY THE E Gj,,D,., U.-A 4 MVi6n i I L ERc FLORA ^:, EXHIBIT GENERAL LOCATION A REV lz L- L a2 .-,Lv V • Lt- uj -cr cr Cr cr tr cr C) U) 0) N cto ti) U) 4c::cC) c� C) C) --o CD b C) C) C) C) C) Cl CL C-) Ci. C=) N (D cn c) Lo C) (D ce) (.0 C=) T7 T- 10 0 OJ U. ui U) w .0 _i Z to �7 � �. o MEMO . cn U) (D 0 ui H Z O 0 z U) LU 0 (D -Z m Z' m 0 UJ W o < U) LL LL (n 0 -D . w 0 W�.Ww.-Ll- LL .. cz:3 loom clo X ;LLJ C\j C\l Z (L w cD c CY) C Z a 0 0 CN o � 0 cA 01 0 0 fq O O O ^ I� � O M m l O! r Y O; O m. Y O ' !1 O T N E7 ED M h N N N O O M G O N N p l0 o v m N a O h in N m ► n w V q� OC a a �l « W N W 0 a a �� _�` �°' O OF Q m w t- o O M CCU J J O <UW m µ <µ11 yU. µy< a \ ZN LLyyJ a o W F m d �... N a XI W W n0 N "l1 E 9 O w O� d¢ <a- D a> o > O W KS Ou W. z W O o¢ W OIL 00 No m mu) 0 O a a Z Cc _aaQ_ aaa oa ® ©a � no C a E s 0 Z - Q - a. - W < H W = O = a _ I l- i �a�` pr V U o W a g �u 0 u< E? <$ o o0 ' <o �u on o <� j x Q L 0 J M z - W UZ W 0 ix J Q Q" Z a OW all W2 F� Q F a CL 0 U 0 z J Z O n 'Q w O z o IL uI n F X yxj N O 1W 70 W o z_ g c� s u a s p 7 0 m O ° Cf o� �a�` pr V U o W a g �u 0 u< E? <$ o o0 ' <o �u on o <� j x Q L 0 J M z - W UZ W 0 ix J Q Q" Z a OW all W2 F� Q F a CL 0 U 0 z J Z O n 'Q w O z o IL EXHIBIT B CSI Prospective Tenants for New Rochelle Center and Proposed Lawton - Huguenot Street Development Anchor Bradlees Caidor JC Penney Kmart Sears Target F-vultip'lex Loew's /Sony Cineplex Odeon Crown National Amuse. United Artists 125,000 125,000 125,000 115,000 150,000 120,000 let 1 Drug Blockbuster [ Electronics �STscovery fine ; CVS 12,000 Circuit City x,000 Revco 12.Q00 ill -wiz- - 59;000 v�lalorpen. 12.u00 Incredible Univ. 160,000 uenovese 10,0D0 Media Play 50,000 Filene's Basement 35,000 Tops Appliance 60,000 Entertainment Blockbuster 10OQG �STscovery fine ; 15,Ofl0 Tower Records 25,000 HMV Records 25,000 Sam Goody 50,000 Trans World 25,000 Books Bames &. Noble 35,000, Birders 25,000 En6ore 15,000 Fabric JoAnn's 15,000 Fabric Bonanza 10,000 Cloth World 10,000 Office Supply Office Max 25,000 Office Depot 25,000 Staples 20,000 Home Furnishings ' Bed Bath Beyond 60,000 - Unens'N Things 25,000. Hier i -- OT~m Lechters- -1A -0 Seivtc erch._ 50,000 Homebase 5x;006 Children's To s -mss Noodle Kidoodle Kay Bee Toys Zany Brainy I Sports ports Unlimited Oshman's Modells Computer USA City ,45,000 15,0(]0• 10,000 7,500 10,000 .1 45,000 45,60b 40,000 20,000 I off Apparel Bob's -50,000 Macsnall's_' 10,000 T J.-Ma)a 10,000 tie! Uhildd 15,060 Fashion Bug 15,000 Annie Sez 15,000 Mandees tZidK 1 n i 0 0l ,a ivap pfd- Na y 15,000 Sym's 50,000 Today's Man 30,000 Filene's Basement 35,000 Saks Clearance 40,000 Nordstrbm Rack 40,000 Petrie , , 10,000 Nrl2.ral��s 1 -2 -�-5 IShoes Parade of Shoes 10,000 Foot Locker 10,000 Nine West 7,500 Nike 29,000 [Restaurants TGIF 10,000 Olive Garden 10,000 Red Lobster 10,000 Bennigans 10,000 -Legal Seafood 10,000 'Call[ Pizza Kitchen 10,000 •� - ,no CEN ERSERViCL•S.iNC• 30 Glenn Sircct ,WhIMP121M.Ncw York 10603- (914)949-1196- Fix(914)949 -8866 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. LIL 0 CONSULTING ENGINEERS, SURVEYORS &MAPPERS MEMORANDUM TO: Kim Glas FROM: Sean C. Donahue DATE: October 21, 1999 SUBJECT: The Regional Center -DRI LBFH File No. 994060 Conversion of Office to Retail On October 21, 1999, we received MTP Group's comments pertaining to their review of the traffic analysis prepared by Kimley -Horn and Associates, Inc. for the referenced project. The MTP Group has determined that the proposed change does not constitute a substantial deviation to the approved DRI. A copy of MTP Group's memorandum is attached. SCD/ cc: Roxanne Manning Steve Cramer P:\PROJECTS\PBGMEMO \4060 \4060L - Q `c Ch of PD.& of 25 1999 PLANNING ZONING k\ 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE 10-21 -1999 12:47PM FROM MTP GROUP INC WPB FL +1 561 7950230 MTP Group, Inc. 12798 Forest Hill Bouievaxt4 Suite 303 Wesr Pj /m Seach, FL 33414 Phone: (56 1) 795 -0678 Tdefax: Me 7) 795 -0230 MEMORANDUM To: Sean C. Donahue, P.E. '° 4 Lindahl, Browning, Ferrari & Hellstrom, Inc. Cfty From: Maria T. Palombo, P.E. OCT m � � N 1999 Date: October 21, 1999 S� CONING Subject: The Regional Center - DRI 99-02 E Conversion of Office to Commercial We have reviewed the traffic analysis prepared by Kimley Horn and Associates.for a notice of proposed change (NOPC) to the previously approved development order for the development of regional impact (DRI) referenced above. We concur with the analysis that the proposed 50,000 square feet increase in commercial development and the proposed 164,800 square feet decrease in research and development office do not create additional traffic impact. Therefore, the simultaneous -increase and decrease does not- constitute a substantial deviation to the approved DRI. The following is a summary of the land.uses requested with the proposed NOPC: 1,440,000 Square Feet Regional Commercial 26,000 Square Feet Neighborhood Commercial 1,210,000 Square Feet Business Office 235,200 Square Feet Research and Development Office 600 Rooms Hotel 1,600 Multi - Family Dwelling Units 36,400 Square Feet Cultural Arts Please give us a call at (561) 795 -0678 should you have any questions or need additional information about this project. C P_ 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 18, 1999 Date Prepared: November 12, 1999 Subject /Agenda Item Second Reading: Ordinance 28, 1999 — Catalina Lakes Townhomes. Proposal to rezone 44.54 acres from Planned Development Area to Planned Unit Development. Recommendation/Motion: Staff recommends approval of the Second Reading of Ordinance 28, 1999 Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ) Finance NA ACM $ Current FY [ ] Approved w/ conditions ]Denied Advertised: Human Res. NA Funding Source: [ ] Continued to: Other NA Attachments: Date: 11/3/99 [ ] Operating Paper: Palm Beach [ ] Other Ordinance 28, 1999 Post Applicant letter; 9/24/99 Sign Detail Site Plan Landscape Plans [ ] Not Required Elevations Submitted by: 2C/h n t Affected parties Budget Acct. #:: Director [ x] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST Petition PUD- 98 -09, a request by Cotleur & Hearing, agent for DiVosta & Company, for Planned Unit Development (PUD) approval for 256 townhome units on a 44.54 -acre parcel of land located at the northeast corner of Alternate A I A and Burns Road. (07- 42E -43S) LOCATION MAP CATALINA LAKES N Agenda Cover Memorandum Page 2 BACKGROUND November 18, 1999 This parcel was cleared prior to 1965 as a pasture for a dairy operation. This dairy operation has been abandoned and the parcel has re- vegetated with invasive exotic vegetation. The site has not been disturbed since then. REVIEW PROCESS This is a request for re- zoning and PUD approval. The PUD request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. After review of the proposed PUD at a workshop meeting, the Planning and Zoning Commission shall schedule a public hearing for which the applicant shall provide proper notice to surrounding property owners. At this meeting, the Planning and Zoning Commission shall prepare a record of the proceedings and transmit them to the City Council, along with their recommendation. A First Reading is held, then the City Council shall hold a public hearing after giving due public notice. The City Council reviews the request for PUD approval for consideration of approval, approval with conditions, or denial. The City's Development Review Committee (DRC) discussed the request at their January 14, 1999 meeting. A listing of the various departmental comments is attached for your review. LAND USE AND ZONING The current land use designation for the parcel is Residential Medium (RM). The subject property is zoned as a Planned Development Area (PDA). For a complete list of adjacent existing uses, land use designations and zoning districts, please see Table 1 on page 12. PROJECT DETAILS Concurrency The City Engineer has confirmed that this project has received concurrency. Road access will be provided along Alternate A 1 A at the main entrance. In addition, the applicant has provided an emergency access point along Burns Road, as requested by staff. Site Location & Density The subject property is 44.54 acres and is located at the northeast corner of Alternate AlA and Burns Road. The proposed density for this project is 5.7 dwelling units per acre (du/ac), which is GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum November 18, 1999 Page 3 Entry Feature The applicant is proposing an entry feature with a ground sign and a roundabout with a fountain in the center. The ground sign, which is 7' high and 12.75' long, is located in the entry median. The sign face area has 39 square feet on each face and contains the name of the project "Catalina Lakes ". The proposed sign complies with the sign code. Townhomes One unit type is proposed for this project (see attached elevations for architectural details). The townhomes are proposed to have the following features: • Two -story buildings with approximately 1,528 square feet in each unit. • Each unit will have three bedrooms, two and one -half bathrooms and a 234 - square foot, one - car garage. • Options include a six -foot privacy wall, a picket fence, a pool and two different screen enclosure options. • Units are connected by a decorative portico, which leads to the side entry doorway. • Garage entry located on front elevations. • All units are to be landscaped with various shrubs, ground cover and trees such as Hibiscus, Live Oaks and Palms (see the Typical Unit Landscaping Plan) Pedestrian Connections The applicant has provided sidewalks on both sides of the proposed streets throughout the development, as requested by staff. The applicant has also proposed a pedestrian connection from the parcel to Oaks Park, which is east of this site. Two additional pedestrian connections, one onto RCA Boulevard and the other onto Burns Road, have been provided in response to staff requests. These connections will be accessed by self - latching gates. Recreation Center The applicant has proposed a recreation center, which will include a 26' x 52' community swimming pool and two tennis courts. There will also be a 700 square -foot building with restrooms and storage facilities for residents of Catalina Lakes. Temporary Sales Center The applicant is proposing a temporary sales trailer, which will be located at the entrance to the site. The applicant has provided details of this trailer, including elevations, as requested by staff. The City Engineer does not have any concerns about the configuration of the temporary entrance. Water Retention/Open Space The South Florida Water Management District requires substantial water retention for storm water runoff and aquifer recharge for this parcel. Therefore, the applicant has proposed four GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum November 18, 1999 Page 4 Water Retention/Open Space The South Florida Water Management District requires substantial water retention for storm water runoff and aquifer recharge for this parcel. Therefore, the applicant has proposed four lakes for a total of 6.13 acres. The applicant has also provided a 55 -foot landscape buffer along Alternate A IA. Environmental Assessment The applicant conducted an environmental survey of the parcel, which was subsequently reviewed by the City Environmental Consultant James Schnelle. The applicant is working with the South Florida Water Management District and the Corps of Engineers to provide wetland mitigation. The permits from these entities will be provided to the City prior to final construction plan approval. Drainage The applicant has submitted a revised conceptual drainage plan, which has been reviewed by the City Engineer and has been given conditional approval (see attached LBF &H letter dated 8/18/99). Waivers from Code The following is a list of requested waivers from code which have been requested by the applicant: 1. The setbacks for the project are indicated in Table 2 on page 13. The proposed setbacks are consistent with other townhouse developments (The Commons: side setbacks are between 5 and 6 feet, rear setbacks are between 10 and 15 feet). 2. The building lot coverage per unit is 39 %, which is higher than the maximum allowed 35 %. In this type of development, it is common to find lot coverages that exceed the 35 %. For example, in Bent Tree the building lot coverage is 45% 3. The applicant is not proposing littoral zones in the proposed lakes. The applicant has indicated that it is difficult and costly to maintain small littoral zones in the long term. The applicant feels that this presents a burden to future homeowner associations of the community. The applicant is planting water tolerant trees along the lake banks. City Forester Mark Hendrickson approves of this waiver. 4. There is a point along an internal roadway where the corner of the property line and the edge of the proposed right -of -way meet. (See attached Exhibit B.) Adjacent to this point is the Bell South property. Due to the configuration of the site, the applicant is requesting a waiver from the 8 -foot landscape buffer in this area. The applicant proposes to build a 6 foot concrete wall with a ficus pumila vine to provide additional buffering. GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum Page 5 November 18, 1999 5. The applicant is not proposing curbing around the planting areas in the driveways of the townhouse lots. The applicant believes that since the townhomes will be sold in a fee simple form of ownership, the residents will take greater care in maintaining their property values and thus will not destroy their own landscaping. In a Planned Unit Development, strict adherence to the code is often relaxed in exchange for other benefits. In LDR Section 118 - 2130), PUD Districts — Waivers, it states: "A waiver is considered for innovative design whereby other minimum standards are exceeded." The applicant has exceeded the open space requirements of the entire site by 18.5% (35% required, 53.5% provided). They have provided a well - landscaped entrance to the site, which exceeds the required 55' buffer along Alternate AIA. There are multiple pedestrian connections throughout the site including sidewalks on both sides of the internal roadways. The applicant has also provided a sidewalk connection to nearby Oaks Park. Finally, they have provided more than the required number of guest parking spaces throughout the site. Staff has worked closely with the applicant to ensure that the site is functional and aesthetically pleasing. Staff recommends approval of these waiver requests so that the applicant is able to develop their product on the given site. PLANNING & ZONING COMMISSION MEETINGS January 26, 1999 On January 26, 1999, this petition was before the Planning & Zoning Commission for a workshop meeting. Overall, the members felt that the site plan needed to be drastically redesigned and that the townhomes needed additional architectural elements. The applicant responded to the Commission member's concerns and provided revisions on April 6, 1999. Staff reviewed the revised plans and subsequently requested additional revisions. The applicant responded with revisions on May 12, 1999. These revisions included: a) changing the configuration of the roadways and relocating the recreation facility to the center of the community; b) changing the facades of the townhomes with different colors and three designs; c) reducing the number of units; d) increasing the width of roadway right -of -ways from 45' to 50' in most areas of the site plan; e) providing additional landscaping in each lot May 25, 1999 This petition came before the Planning & Zoning Commission as a workshop item due to the extensive changes that were made. The Commission members discussed the elevations of the GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum Page 6 November 18,1999 townhomes. They were concerned that the facades did not contain enough variety. The applicant proposed three different elevation types with three different portico design options. To break up the potential uniformity of the facades, the Commission members requested that a condition be added that no two adjacent homes have the same color combinations. July 13, 1999 At this Public Hearing, the Planning & Zoning Commission recommended this petition to City Council by a vote of 7 -0 with the following conditions: Prior to scheduling this petition for consideration by the City Council, the applicant shall meet all the requirements set forth by the City Engineer with respect to drainage issues. (City Engineer) SA'T'ISFIED 2. Prior to scheduling this petition for City Council, the applicant shall provide a landscape plan for Alternate A I A and Burns Road. (City Forester) SATISFIED 3. Prior to the issuance of the first building permit, the applicant shall provide a revised site plan that demonstrates a 55' Alt. AlA buffer at the narrowest point of the right turn lane right -of -way. (Planning & Zoning) SATISFIED 4. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Southern Bell amends their site and landscape plan. (Planning & Zoning) 5. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 6. Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 7. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever comes first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) 8. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) 9. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum Page 7 schedule: (Building Division) November 18, 1999 A. First stage shall include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. B. Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. C. Housing constriction shall start with the building of the entry feature and the townhomes in the northern section of the parcel. D. After this, the construction shall proceed southward until total build -out. E. The recreation center shall be constructed after at least 50% of the development is completed. 11. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate A 1 A for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the site. Said maintenance shall be in accordance with City maintenance standards. In the alternative, the applicant, or its successors, including a property owners' association shall remit to the City the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing on November 1 following installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and/or assigns. (City Forester) 12. The Alt. AIA, Burns Road, and perimeter landscape buffers shall be installed concurrent with the construction of the adjacent interior roadways or townhouses, whichever occurs first. (City Forester) 13. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) NOTE: Condition Numbers 1, 2 and 3 have been satisfied and so have been deleted. Also, Planning & Zoning Commission members recommended approval of the 5 requested waivers. GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum November 18, 1999 Page 8 CITY COUNCIL MEETINGS August 19, 1999 This petition was before the City Council on August 19, 1999 for a First Reading. At this meeting, the following concerns were expressed: 1. Create a meandering sidewalk along Alternate A IA. 2. Concerned with the density of the site and suggested breaking up the long rows of houses. 3. Include more guest parking. 4. The choice of one unit type is monotonous. 5. Need more offsetting benefits to grant waivers. 6. Should stagger the A/C units between buildings. 7. Increase landscapingibuffering in AIA buffer south of entrance. 8. Show detail of the fountain in the main entrance. 9. Need more green areas, especially on individual lots. 10. Improve the aesthetics of the mailboxes. 11. Show how the access road for the temporary sales center works. 12. Setbacks too small, especially side setbacks. 13. How is access to rear of lots to be achieved after construction? 14. Shortage of areas for children to play. The Council members postponed approval of the first reading until their concerns had been met. The applicant responded by revising the plans. The changes made include: • Creating a meandering sidewalk along Alternate A 1 A • Decreasing the number of units from 262 to 256 • Increasing the amount of landscaping and lengthening the berm at the entrance to the site, improve the design of the mailbox units (see attached) • Added more guest parking spaces (from 49 to 62) • Created four more breaks between buildings • Added a double Fox Tail palm in between each of the unit driveways The applicant has also provided a detail of the fountain, which will be located at the entrance of the site. For a complete explanation of the changes made, see the attached letter from Cotleur & Hearing, dated September 24, 1999. GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum November 18, 1999 Page 9 October 21, 1999 The applicant came before the Council for approval of the First Reading of Ordinance 28, 1999 on October 21, 1999. The members discussed the sidewalks along Alternate AlA and the setbacks of the screen enclosures. Overall, the members felt that the revisions were a "big improvement" over the previous plans. The First Reading was approved by a 5 -0 vote. GROWTH MANAGEMENT STAFF COMMENTS Alternate A]A & Burns Road Landscape Plans As requested, the applicant has submitted Landscape Plans for the medians along Alternate A I A and Burns Road. Staff has added a condition of approval requiring that these medians and perimeter landscape buffers be installed concurrent with the construction of the adjacent interior roadways. City Forester Mark Hendrickson has reviewed these plans and recommends approval. RECOMMENDATION Staff recommends approval with the following conditions: 1. The applicant shall work with staff and Bell South to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Bell South amends their site and landscape plan. (Planning & Zoning) 2. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 3. Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 4. Prior to the issuance of the first building permit, the applicant shall submit the parks and recreation impact fee in lieu of dedicating recreation land to the City. This amount shall be determined by the City. (Parks and Recreation) 5. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever comes first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) 6. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum November 18, 1999 Page 10 7. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) 8. The construction of this project shall be in accordance with the following phasing schedule: (Building Division) A. First stage shall include clearing of the land, earthwork, water management/retention Iakes and road and utilities infrastructure. B. Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. C. Housing construction shall start with the building of the entry feature and the townhomes in the northern section of the parcel. D. After this, the construction shall proceed southward until total build -out. E. The recreation center shall be constructed after at least 50% of the development is completed. 9. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate A I A for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the site. Said maintenance shall be in accordance with City maintenance standards. An alternative to the applicant's requirement to maintain the landscaping shall allow the applicant or its successors, including a Property Owners Association, to reimburse the City for the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing immediately following complete installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and /or assigns. (City Forester) 10. The Alt. AIA, Burns Road, and perimeter landscape buffers shall be installed concurrent with the construction of the adjacent interior roadways or townhouses, whichever occurs first. (City Forester) 11. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 12. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) GAShort Range \PUD9809.cc4.doc Agenda Cover Memorandum Page 11 November 18, 1999 13. The drainage facilities abutting RCA Boulevard shall be platted and dedicated subject to City approval. (City Engineer) NOTE: Condition Number 9 was changed slightly for clarity at the suggestion of the City Attorney. Condition Number 11 was added after the July 13'h meeting. This condition is necessary to ensure that this development will comply with the anticipated revised landscape codes. Condition 13 was added at the suggestion of the City Engineer. DEPARTMENTAL COMMENTS Planning & Zoning_ Division See above. Seacoast Utility Authority See attached letter dated June 8, 1999 City Engineer See conditions of approval City Forester See conditions of approval Police Department No further concerns Fire Department No further concerns Building Division No concerns. GAShort Range \PUD9809.cc4.doc TABLE 1 EXISTING LAND USES AND ZONING DISTRICTS EXISTING; USE,. ZONING`. LAND: USE Subject Property: Planned Development Area Residential Medium Vacant (PDA) (RM) Proposed: Planned Unit Development (PUD) North: General Commercial Commercial Seacoast Utility Authority (CGI) (C) South: Planned Community Development Residential Medium Gardens East Apartments (PCD) (RM) East: Residential Medium Residential Medium The Oaks & St. Marks (RM) (RM) Episcopal Church West: Planned Community Development Industrial South Park Center (PCD) (I) GAShort Range \PUD9809.cc4.doc Yarkmg 3 Bedrooms x 256 units = TABLE 2 Yes Spaces CODE COMPLIANCE: Ki SITE ANALYSIS: PETITION.- 9`8 -09 Cate° o g: Required/ Proposed Compliance Allowed TOTAL = 814 �Handicap� Parkin 2 spaces 4 spaces Land Use Residential Medium Residential Medium (RM) Yes Waiver requested (RM) All water bodies require Water tolerant trees in lieu of Zoning Planned Development Planned Unit Development Re- zoning Area (PDA) (PUD) proposed ront Setback ' 30' Front Yard to Garage: 20' Front Yard to Portico: 14' Waiver requested Side Setback.x �,.., 10' S' w1 a 10' separation between Waiver requested buildings Side Setback 10' With optional pool: 3' Waiver Requested �wfpoots, & =' With screen or patio: 0' screens Rear. Setback 20' 30' Yes Rear Setback. w /pools & 20' With Optional Pool: 3' Waiver requested screens With Screen or Patio: 0' Building :' 36' 27' Yes Yarkmg 3 Bedrooms x 256 units = 845 Spaces Yes Spaces 768 Ki add 5% guest =38 add Recreation =8 „s TOTAL = 814 �Handicap� Parkin 2 spaces 4 spaces Yes Ba�ldmg Lots ?: Coverage 35 %Maximum 39% Waiver requested Littoral Zones All water bodies require Water tolerant trees in lieu of Waiver requested m littoral plantings littoral plantings Open Space el 35% Minimum 53.7% Yes GAShort Range \PUD9809.cc4.doc August 9, 1999 October 4, 1999 October 27, 1999 ORDINANCE 28, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF DIVOSTA & COMPANY FOR REZONING OF 44.54 ACRES LOCATED AT THE NORTHEAST CORNER OF ALTERNATE AlA AND BURNS ROAD, FROM PLANNED DEVELOPMENT AREA TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS "CATALINA LAKES ", IN ORDER TO CONSTRUCT 256 TOWNHOME UNITS; 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 DiVosta & Company for rezoning 44.54 acres of land located at the northeast corner of Alternate AlA and Burns Road, more particularly described in Exhibit A attached hereto, from Planned Development Area to Residential Planned Unit Development; WHEREAS, the subject parcel is presently zoned as Planned Development Area with a land use designation of Residential Medium (RM); WHEREAS, the City's Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City's Planning and Zoning Commission has reviewed and recommended approval of Catalina Lakes. 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 application of DiVosta & Company for rezoning 44.54 acres of land located at the northeast corner of Alternate A 1 A and Burns Road, more particularly described in Exhibit A attached hereto, from Planned Development Area to Residential Planned Unit Development, to construct 256 townhome units. SECTION 2. The following waivers are hereby granted with this approval: A) Waiver from LDR Section 118- 201(g) "RM residential medium density districts — minimum building setbacks required', which requires a 30' front setback, a 10' side setback and a 20' rear setback to allow: 1) a 20' front setback to the garage and a 14' front setback to the portico; 2) a 5' side setback with a 10' separation between buildings; 3) a 3' side setback if a pool is installed and a 0' side setback if a screen or patio is installed; and 4) a 30' rear setback with a 3' rear setback if a pool is installed and a 0' rear setback if a screen or patio is installed. B) Waiver from LDR Section 118- 201(g) "RM residential medium density districts - Building lot coverage ", which requires that the maximum building lot coverage not exceed 35 %, to allow a maximum building lot coverage of 39 %. C) Waiver from LDR Section 98 -106 "Littoral planting zones" which requires littoral plantings on lakes whose water surface is larger than one acre in size, to allow substitute plantings as exhibited in the Landscape Plans by Cotleur & Hearing dated June 6, 1999, Sheets 1 -6. D) Waiver from LDR Section 98 -72(a) "Planting ", which requires a minimum 8 foot perimeter landscape buffer, to allow a reduction of the buffer at one point (where the property line and the edge of the proposed right of way meet). (Exhibit B) E) Waiver from LDR Section 98 -68(c) "Parking areas ", which requires all landscape areas to be protected from vehicular encroachment, to allow unit driveways to have planting areas without curbing. This waiver does not apply to any other parking area within the site. SECTION 3. 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 applicant shall work with staff and Bell South to move the Catalina Lakes buffer wall and landscaping out of the Santa Barbara Drive right -of way when Bell South amends their site and landscape plan. (Planning & Zoning) 2. Prior to the adoption of the Property Owner Association documents or the issuance of the first Certificate of Occupancy, whichever comes first, the applicant shall submit these documents to the City, which shall be subject to review and approval by the City. (Legal) 3. Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utilities allowing landscaping and paving within the utility easements. (City Engineer) 2 4. Prior to the issuance of the, first building permit, the applicant shall submit monies in lieu of land dedication to fulfill the project's recreation impact fee. This fee shall be determined by the City. (Parks & Recreation) 5. Within 8 months of construction plan approval, or within 30 days of the issuance of the Certificate of Occupancy of the model unit, whichever occurs first, the temporary sales center and its associated paving and landscaping shall be removed. (Planning & Zoning) 6. The buildout date for the project shall be December 31, 2002. (Development Compliance Officer) 7. No two adjacent homes shall have the same color combinations. (Development Compliance Officer /Code Enforcement) 8. The construction of this project shall be in accordance with the following schedule: (Building Division) a) First stage shall include clearing of the land, earthwork, water management/retention lakes and road and utilities infrastructure. b) Landscaping shall be installed as the townhomes are constructed; all buffer walls shall be in place prior to housing construction. c) Housing construction shall start with the building of ,the entry feature and the townhomes in the northern section of the parcel. d) After this, the construction shall proceed southward until total build -out. e) The recreation center shall be constructed after at least 50% of the development is completed. 9. The applicant shall install and maintain the landscaping to be located (a) in the median of Alternate A 1 A for the length of the median located directly adjacent to the site; and (b) in the median of Burns Road for the length of the median located directly adjacent to the site. Said maintenance shall be in accordance with City maintenance standards. An alternative to the applicant's requirement to maintain the landscaping shall allow the applicant or its successors, including a Property Owners Association, to reimburse the City for the total cost associated with said maintenance. A reasonable fee shall be determined annually, to be paid quarterly commencing immediately following complete installation. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and applicant, his successors and/or assigns. (City Forester) 10. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping;, when said standards are approved by the City. (City Forester) 3 11. Landscaping to be located in the median of Alt. A I A or Burns Road, and within the perimeter landscape buffer areas shall be installed concurrently with the construction of the respective adjacent interior roadways or townhouses. (City Forester) 12. All exterior buffer walls shall be maintained in a consistent manner, and repainting shall be provided on both sides of the wall at the same time when repainting occurs. (Code Enforcement) 13. The drainage facilities abutting RCA Boulevard shall be platted and dedicated subject to City approval. (City Engineer) SECTION 4. Constriction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. August 23, 1999 Overall Site Plan by Cotleur & Hearing, Sheet 1. 2. August 23, 1999 Site Plan by Cotleur & Hearing, Sheet SP -1, SP -2 3. September 23, 1999 Landscape Plan by Cotleur & Hearing, Sheet 1 -6. 4. September 23, 1999 Planting Details and Calculations, Sheet 1. 5. June 4, 1999 Lighting Details & Calculations by Cotleur & Hearing, Sheet 1. 6. September 23, 1999 Typical Unit Landscape Plan by Cotleur & Hearing, Sheet 1. 7. July 2, 1999 Alternate AIA Project Layout, Landscape Plan and Planting Details by Cotleur & Hearing, 4 Sheets. 8. July 2, 1999 Burns Road Project Layout, Landscape Plan and Planting Details by Cotleur & Hearing, 3 Sheets. 9. September 23, 1999 Site Plan — Temporary Sales Trailer by Cotleur & Hearing, Sheet 1. 10. June 7, 1999 Sales Trailer Elevations by Sunco Building Corp., Sheet A -1. H. October 29, 1998 Boundary Survey by Lawson, Noble & Webb, Inc., Sheet 1 -3. 12. April 13, 1999 Site Lighting Plan by Cotleur & Hearing, Sheets 1 -3. 13. April 7, 1999 Model Site Plan by Sunco Building Corp., 1 Sheet. 14. April 7, 1999 Floor Plans and Elevations by Sunco Building Corp. 3 Sheets. 15. April 7, 1999 Poolhouse Floor Plan by Sunco Building Corp., Sheet A -1. 16. April 13, 1999 Building Color Samples and Materials. SECTION 5. This Ordinance shall be effective upon adoption. 4 PLACED ON FIRST READING THIS 21st DAY OF October , 1999. PLACED ON SECOND READING THIS DAY OF , 1999. PASSED AND ADOPTED THIS DAY OF , 1999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort RangeTUD9809.orldoc 5 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF THE PLAT OF THE OAKS — SUN TERRACE PLAT 3, AS RECORDED IN PLAT BOOK 68, PAGES 70 THROUGH 73, PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, THENCE NORTH 88 034'14" WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 257.45 FEET; THENCE TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 380.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15 041'19', A DISTANCE OF 104.05 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01 °35'39" WEST, A DISTANCE OF 126.71 FEET TO THE NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 259.57 FEET TO A POINT ON THE NORTT LINE OF BURNS ROAD, AS RECORDED IN OFFICIAL RECORD BOOK 6438, PAGES 668 THROUGH 671, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87 158'53" WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 4.43 FEET; THENCE NORTH 83 051'24' WEST, CONTINUING ALONG SAID NORTT RIGHT -OF -WAY LINE, A DISTANCE OF 151.37 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 01 °01'28" EAST) HAVING A RADIUS OF 1912.85 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 031'37", A DISTANCE OF 151.13 FEET; THENCE SOUTH 86029'51' WEST, A DISTANCE OF 53.74 FEET; THENCE NORTH 52 043'35' WEST, A DISTANCE OF 51.60 FEET TO THE EAST RIGHT -OF -WAY LINE OF ALTERNATE A- 1-A; THENCE NORTH 15 01611" WEST. DEPARTING SAID NORTH LINE AND ALONG SAID EAST LINE, A DISTANCE OF 163.76 FEET TO THE EAST RIGHT -OF -WAY LINE OF ALTERNATE A -1 -A, AS DESCRIBED IN OFFICIAL RECORD BOOK 3578, AT PAGE 1026, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 14 005'26" WEST, CONTINUING ALONG SAID EAST RIGHT -OF - WAY LINE, A DISTANCE OF 2396.87 FEET TO THE SOUTH LINE OF R.C.A. BOULEVARD (FORMERLY KNOWN AS MONET ROAD) AS DESCRIBED IN OFFICIAL RECORD BOOK 3578, AT PAGE 1026, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 40 040'02" EAST, DEPARTING SAID EAST LINE AND ALONG SAID SOUTH LINE, A DISTANCE OF 47.61 FEET; THENCE SOUTH 88 034'17" EAST, A DISTANCE OF 167.96 FEET; THENCE NORTH 01125'43" EAST, A DISTANCE OF 20.00 FEET TO THE NORTH LINE OF THE NORTHWEST ONE - QUARTER (NW %) OF SAID SECTION 7; THENCE SOUTH 88 °34'17" EAST, CONTINUING ALONG SAID SOUTH RIGHT -OF -WAY LINE AND SAID NORTH LINE, A DISTANCE OF 84.02 FEET TO THE WEST LINE OF THAT CERTAIN SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL AS RECORDED IN OFFICIAL RECORD BOOK 1767, AT PAGES 126 AND 127, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 01025'43' WEST, DEPARTING SAID SOUTH RIGHT -OF -WAY LINE AND SAID NORTH LINE, A DISTANCE OF 340.00 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL; THENCE SOUTH 88 °34'17" EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 200.00 FEET TO A POINT IN THE WEST LINE OF THAT CERTAIN AMARA TEMPLE HOLDING CORPORATION, INC. PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 2628, AT PAGES 1186 AND 1187, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PARCEL; THENCE SOUTH 01025'43" WEST, DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE, A DISTANCE OF 377.50 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN AMARA TEMPLE HOLDING CORPORATION, INC. PARCEL, AS RECORDED IN OFFICIAL RECORD BOOK 8239. AT PAGE 558, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 034'17' EAST ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 660.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 0102543' EAST, ALONG THE EAST LINE OF SAID PARCEL, A DISTANCE OF 2.50 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 7527, AT PAGE 1642, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88 034'17' EAST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 305.97 FEET TO THE WEST LINE OF THE PLAT OF SAID OAKS — SUN TERRACE PLAT 3; THENCE SOUTH 01 035'32" WEST, ALONG SAID WEST LINE, A DISTANCE OF 1075.00 FEET TO THE POINT OF BEGINNING. CONTAINING 44.54 ACRES, MORE OR LESS. LOCATION The subject property is located approximately 0.00 miles from the intersection of Bums Road and Alternate A -1 A, on the the north side of Bums Road and the east side of Alternate A -1 -A. Property Control No. of the subject property. 52 43 42 07 00 000 3120 Nol. 2 43r? AN! ACA " ��20 n. EXHIBIT B w Cotleum Hearing Landscape Architects Land Planners Environmental Consultants September 24, 1999 City of Palm Beach Gardens Jim Norquist, Principal Planner 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Catalina Lakes Planned Unit Development Dear Jim: On behalf of DiVosta and Company we are pleased to submit revised plans for the Catalina Lakes Planned Unit Development. Following the August 19, 1999 City Council workshop our offices worked closely with the DiVosta organization to address the concerns raised by the City Council. We are pleased to inform you that the revised plans substantially address the City's concerns. Please find below a summary of the modifications that have been made to the plans. 1. As requested by councilmen Sabatello, the applicant proposes to remove the existing sidewalk/bike path along Alternate A -I -A and to construct a new curval - linear sidewalk/bike path within the 55 ft landscape buffer along Alternate A -1 -A. This modification creates a more pedestrian friendly environment and is consistent with the treatment along other city thoroughfares. 2. Mayor Russo requested that the applicant consider breaking up the long rows of housing units to provide greater diversity and to allow for additional guest parking. To address this concern, the applicant has reduced the total number of dwelling units from 262 dwelling units to 256 dwelling units. Open space tracts were strategically located to provide a visual break between clusters of townhomes. The reduction of dwelling units also created the opportunity to create additional guest parking spaces more evenly distributed throughout the community. 3.-� The City Council requested that the applicant consider staggering the air conditioning condensers between units. The revisions that have been made to the site plan provide greater opportunity for access to the rear yards of the townhomes for the purposes of fire protection and/or the construction of swimming pools. Additionally, the applicant has met with Assistant Fire Chief Scott Fetterman. The Fire Department has indicated that they do not have a concern with the placement of the air Maplewood Professional Center .Ay of PB. Gardens 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 k2SEP 27 ' 99 lic.# LC -0000239 GROWTH 561 - 747 -6336 FAX 561- 747 -1377 MANAGEMENT http: /www.cotieur- hearing.com DEPARTMENT conditioning condensers as proposed. A copy of Scott Fetterman's correspondence is enclosed herein. 4. Councilman Sabatello requested that the applicant re- evaluate the landscaping proposal at the project entranceway. To address this concern, the applicant has revised the entrance landscaping by extending the earth berm up to and along the entrance throat. Additional landscape plantings including a large grove of coconuts has been provided on either side of the entrance road. 5. As requested a detail of the fountain to be located in the center of the roundabout has been provided as a separate attachment to this letter. 6. Several council members requested that the applicant evaluate the potential for improving the aesthetics of the proposed combination mailbox units that are distributed throughout the community. To address this concern the applicant has prepared a decorative mailbox detail. Which is enclosed as an attachment to this correspondence. 7. The typical townhome landscape plans have been modified to include a larger palm species within the landscape island between respective townhome driveways. The applicant proposes to utilize a double Fox Tail palm in addition to Alexander palms and Christmas palms. The Fox Tail palm will provide greater variety and will be a substantial element which will assist in breaking up the elevation of the townhomes. 8. The City Council requested that the applicant insure that the access road for the temporary sales center would properly function. There may have been some confusion concerning this matter. The temporary sales center will only exist for a short time as codified in the conditions of approval. The temporary sales center will not be operational once the main entrance road is open to the public. The applicant has, however, discussed this matter with the City Engineer's office. It is our understanding the City Engineer is comfortable with the vehicular circulation associated with the temporary sales center with the understanding that the facility will not be open to the public once residents are living within the community. Please find enclosed 8 - 24" x 36" sets of revised plans for your review. Should you have any questions or need additional information please don't hesitate to contact me. Cc: Rick Greene Waiver Justification C "►hI P.B. Gardens Section 98 -72 (a) Plantings SUN 7 1999 The applicant is requesting approval for providing a 0' buffer at a single point, whOINI, s at; the southwest corner of the Bell South property. At this one point, the corner and thPedge of the internal road ROW become cotangent. This condition is necessary due to the unique and narrow configuration of the property in this location and the constraints imposed by the 'Lbad Development Regulations to provide a 55' Buffer along Alternate A1A.. The applicant proposes to construct a 6' concrete wall, which will be planted withficus pumila vine to create a green wall. Dense plantings of sabal palms and cocoplum are provided throughout out the buffer with the exception of this one point. Additionally, large live oak street trees are to be planted within the tree land area adjacent to the street. A tree has been strategically placed at the subject corner to assist in mitigating this condition. Section 98 -72 (a) of the LDR's and Landscape Code establishes a minimum of 8' perimeter buffer around properties except where commercial or industrial properties abut residential or less intense uses, where a 20' buffer is required. The subject project is a Planned Unit Development and, as such, all setbacks are established by the City Council. LDR Section 118- 213 (PUD Districts) (h) "Setbacks Required" states that the City Council shall impose appropriate setbacks along the external boundaries of the PUD to buffer the adjacent land uses... ". The 8' perimeter buffer requirement of the Landscape Code serves as a guideline for establishing PUD buffers. The primary intent of this code provision is to buffer adjacent properties from the proposed PUD. In the case of the subject waiver request, the reduction in buffer will not adversely impact the adjacent Bell South Facility, which is considered a light industrial use. The site design for this area has been carefully considered. Nohomes back up to the subject area, and a road right of way separates the homes located on the opposite side of the street. A 6' concrete wall is provided in this area. Furthermore, the reduction of buffer occurs at a single point. Considering the uniqueness of this condition, the constraints imposed by providing by other LDR provisions, that fact that no homes front on the subject buffer and other measures proposed by the applicant, we believe this request is justified. Section 98-68 Parking Areas (c.) The City Forester has requested the applicant seek a waiver from this provision of the LDR's. Section 98-68 (c.) (" Parking ") relates to parking areas, and we believe is intended to regulate parking lots and not residential driveways on fee simple lots. Nonetheless, the City Forester has requested the applicant request a wavier from the requirements for providing protective curbing around landscape areas separating residential driveways between individual townhome units. The applicant is seeking the City's consideration of this request due to the fact that thetownhomes will be sold in a fee simple form of ownership and the landscaping will be maintained by the homeowners association. The applicant has extensive experience developing similar product types throughout Palm Beach County. It is the applicants experience when residents own their dwelling, greater care and concern is given to protecting and maintain their property and, consequently, their property values. The applicant has not experienced the concems expressed by the City Forester to the landscape areas between driveways. The applicant would encourage the Staff to evaluate other successful communities completed by the applicant with similar conditions. These include thetownhomes at Riverwalk, Charleston Court at Abaooa, Newhaven at Abacoa and Tequesta Oaks. Seacoast Utility Authority XECUTIVE OFFICE: June 8, 1999 VIA FAX: 775 -1014 Ms. Angela Csinsi Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Catalina Lakes Dear Ms. Csinsi: Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 We offer the following comments on your transmittal dated June 7, 1999 concerning the referenced project. 1. Due to the limited green areas available in this project, we are not able to comment on the conceptual landscape plans at this time. Each area with water meters, backflow preventers and the like will have to be reviewed on a case -by -case basis to determine what landscaping will be acceptable in that area. 2. Once detailed water and sewer plans are submitted, we will be able to provide further input on the landscape plans. Please call if you require additional information. Sincerely, COAST UTIL J AUTHORITY -. Bruce Gregg Director of Operations ad cc: Rim Bishop Jim Lance Scott Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 ZJ /,/ AC kb mf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPE =S MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: August 18, 1999 SUBJECT: Catalina Lakes (LBFH File No 98 -4022) We have reviewed the revised Conceptual Drainage Plan prepared by Lawson, Noble & Webb, Inc. received on August 13, 1999. We offer the following comments: 1) Satisfied. The applicant has rerouted the drainage system and shown a positive outfall into the RCA drainage basin. During the Construction Plan and Plat review, the applicant will need to demonstrate drainage compliance for the upstream runoff from St. Marks Episcopal Recreation Fields, which will be accepted and passed through the Catalina property to discharge into the RCA basin. Land rights for the 25 -foot drainage easement and the adjacent property down stream will be examined during the Construction Plan and Plat review and approval. 2) Previously Satisfied. 3) Satisfied. We will examine the boundary and backyard drainage issues in detail during the construction review process. 4) Previously Satisfied. 5) Previously Satisfied. 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. C,� I j� 9) Conditionally Satisfied. The entrance has been revised to provide 2 -12.5' ingress lanes and 2 -10' egress lanes. However, prior to scheduling the first City Council meeting, the ingress 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE Ca I)— (LB File No 98 -4022) C LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS lanes will need to be properly striped to narrow the two egress lanes to one egress lane as the round a bout is approached. 10) Previously Satisfied. 11) Previously Satisfied. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Conditionally Satisfied. Prior to scheduling the first City Council meeting, the City requests that a site inspection be arranged with the applicant to view established neighborhoods utilizing unrestrained paver blocks within the residential areas. We have concerns that the unrestrained paver blocks will be not provide longevity and pose a maintenance problem. 16) Previously Satisfied. 17) Previously Satisfied. 18) Conditionally Satisfied. Prior to construction plan approval the applicant will need to provide a letter of authorization from the appropriate utilities allowing landscaping and paving with the utility easements. 19) Previously Satisfied. 20) Previously Satisfied. 21) Previously Satisfied. The applicant is requested to return a copy of our comments with the applicant's acknowledgment of each comment and the response. Compliance will expedite the subsequent review. TJ /ms cc: Roxanne Manning PAPBGMEM0\4022s.doc 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE � � IT 0 p 0 0 � 2 w � � � o CD 00 � � 2 CD CD � � E ƒ § 2 § � § § }� \ $ § § k f/ m {{. } �( { 86 E �( { E 1 § 0 [ 8 ¢ k k f b } k ! !- k { a � � � + | l m � | K � K � § k § | § I � ! ■ � ) § % { � { -!t \�\ °! }� f * » E &�� - ( S-P s E {�� k \ { ( ( 7■! � |\ !{ {� �) ƒ( E� & -•* ��E ]\ ; )� It E �� E (|! � � IT 0 p 0 0 � 2 w � � � o CD 00 � � 2 CD CD � � E ƒ § 2 § � § § }� \ $ § § k f/ m {{. } �( { 86 E �( { E 1 § 0 [ 8 ¢ k k f b } k ! !- k { a � � � + | l m � | K � K � § k § | § I � ! ■ � ) § % { � oa �7 n S �y 0 AP 0?� 0 f� U' 0 T m O z D z 0 m D r c� C-3 �n 4 o v3 o 0 o v o D yA r,—j m o 0 4 0 m m s m S o Q �� ca a CO CO m y I r to N a II� 0_ N 0 Z w N rI r x rn z 0 N C ro rn 4 o 0 0 0 o v o o m o 0 4 0 0 0 s o o Q 0 0 0 d rI r x rn z 0 N C ro rn W - w tT► J rI r x rn z 0 N C ro rn t is N O m m m a l° oo❑ z iy VM 9 IO 0 �4 y H 0 i mulellm a goo N mm r m < �a z s o z a M v 0 i mulellm a goo m m . a m r m �a zz err_ • IRMINY-1 1-0. FORM uu �3 blddddddd••ddddddo t R 3Z f s ............ ; Typical Unit Plant List SYAI BOTANICAL NAME COMMON NAME SIZE SPACING REMARKS CANOPY I ORNAMENTAL TREES HRS HIBISCUS STANDARD HIBISCUS TREE 3.4' AS, FULL. 3' C.T. IC ILEX CASSINE DAHOON HOLLY 10.17, 2 -CAL AS FULL CANOPY JA JATROPHA STANDARD JATROPHA S X 4' A5. FULL, 2.5 C.T. U LIGUSTRUM LUCIDUM LIGUSTRUM TREE FORM 6'OAAi SPRO. A.S. FULL CANOPY, UMB UP 4', MULTI-STEM MLG MAGNOLIA GRANDIFLORA 'LITTLE GEM' LITTLE GEM MAGNOLIA 6 - C OA A.S. FULL CANOPY, SOUTH GROWN MC MYRICA CERIFERA WAX MYRTLE 6.615 OA AS, FULL CANOPY, LIMB -UP 4' MIN., MULTI OV OUERCUS VIRGINIANA LIVE OAK 15- 150A,4'CALAS. FULL CANOPY, S C.T. MIN. SM SMETENIA MAHOGANY MAHOGANY 1216,TCAL AS. FULL CANOPY SB SAUX BABYLONICA WEEPING WILLOW 17x5,TCAL A.S. FULL TA TABEBUTA ARGENTEA YELLOW TABEBUTA 10.12'x6'.3-CAL AS. FULL CANOPY, CHARACTER TREE PALMS AR ARECASTRUM ROMANZOFFIAHUM QUEEN PALM 12 -15 C.T. AS. FULL CANOPY SP SABAL PALMETTO SABAL PALMS 6, iC 14' C.T. AS HURRICANE CUT CH CHAMAEROPS HUMIUS EUROPEAN FAN PALM S X Y OA MULTI AS. MULTI CH COCUS NUCIFERA'GREEN MALAYAN GREEN MALAYAN COCONUT PALM X-C C.T. AS. CURVED TRUCKS, FULL CANOPY PEA PTYCHOSPERMA ELEGANS ALEXANDER PALM 12. If OA A.S. FULL d THICK 2 STEM MIN. VM VEITCHIA MERRILUPADONIDIA CHRISTMAS PALM I0-170A AS. FULL CANOPY, 2 STEM MIN. WB WODYEiIA BIRFURCATA FOX TAIL PALM 12 -IC OA AS. FULL CANOPY, DOUBLE WR WASHINGTONIA ROBUSTA WASHINGTONIA PALM 6.1l C.T. AS. FULL CANOPY LARGE SHRUBS I ACCENTS CI CHRYSOBALANUS 1CACO COCOPLUM f3,1.VxI.S 7 O.C. FULL & THICK CR CYCAS REVOLUTA KING SAGO — 377 4' O.C. FULL CV CODIAEUM VARIEGATUM'PETRA' CROTON 93,7x7 YO.C. FULL IX IXORA'NORA GRANT' PINK MORA 93, 7x 7 7 D.C. FULL & THICK MP MURRAYA PANICULATA ORANGE JASMINE = *31.S'AI.5' 70.C. FULL SAV SCHEFFLERA ARBORICOLA VARIEGATX DWARF VARIEGATED SCHEFELERA '93 1.5X1.5' 2.51 D.C. FULL VS VIBURNUM SUSP£NSUM SANDANKWA VIBURNUMA *3, 7x 7 7 D.C. FULL & THICK SS EUGENIA FOETIDA SPANISH STOPPER 93 1.5'X1.5' 70.C. FULL & THICK SA SCHEFFLERAARBORICOLA SCHEFFLEERA 93 1.5'X1.5' 2.5'O.C. FULL &THICK MED. SHRUBS I GROUNDCOVERS I VINES ANN ANNUALS SEASONALANNUALS 4'POTS C'O.C. FULL & FLOWERING CID CHRYSOBAIANUS ICACO'HORIZONTAL' HOSE SOUND COCO PLUM 93.1.5'0.5' 70.C. FULL & THICK EU EUPHORBIA MILII'ROSY'(PINK) DWF. CROWN OF THORNS /I, tY X 17 12'O.C. FULL,'EXCELSA' IV ILEX VOMITORIA DWARF YAUPON HOLLY 93, 1'x17 7 O.C. FULL & THICK JP JUNIPERUS PARSONII PARSONS JUNIPER 93, 1Yx17 70.C. FULL &THICK JS JASMINUM SIMPUCIFODUMNOLUBILE WAX JASMINE 93.1,.510.5 70.C. FULL & THICK LM URIOPE MUSCARVEV. GIANT' URIOPE Bt, i2'X 12' 180.C. FULL & THICK LV URIOPE MUSCARI'AZTEC VARIEGATED LIRIOPE t1, 0.1P OA 12' O.C. FULL & THICK PP PODOCARPUS TJWARF PRINGLES' POOOCARPUS PRINGLES 93, 127ct7 7 D.C. FULL & THICK PX PHILODENDRON%ANADIf PHILODENDRON - XANADU 93,1X1.5 2.5'O.C. FULL RI RAPHIOLEPIS INDICA INDIAN HAWTHORNE 93.12-x iC 7 O.C. FULL & THICK SOD (S.F.) STENOTAPHRUM SECUNDATUS S.F. ST. AUGUSTINE SOD SEE SPECS Planting Details And C tl . rL r c �p t � r r r r- 1 f i l�E� Catalina Lakes r Palm Beach Gardens, Florida I �C R d P� Q a a CD 0- 'c i i a' tt t, r:r• � sa t fri N Matchline See Sheet SP -1 Of 2 Catalina Lakes Palm Beach Gardens, Florida 7 Y �I °ock� i o� �a CD �a �y K 6 f"d f Y 4 6 ~ O `4 *?: �1 Catalina Lakes Palm Beach Gardens, Florida A q }.r� (D o Yf {� CD 7Ii N a. 4 6 ~ O `4 *?: �1 Catalina Lakes Palm Beach Gardens, Florida A q }.r� (D o Yf {� CD o� a 5 8dO Q F �9paa gayw'¢ �: O 'mor, s E p v XYF X golf. k P8 0 { IV y X� _ — � 99 - CC3• 1 44 'oa y. li F E fit Or .E,.ei' 177 4`7 AN5 O �ppR / ra Id /x;gii /T.rr/ s..tif = b r , .{ I� 43! x a � r� �i 3 r ` Catalina Lakes ���x ���� `�° Palm Beach Gardens, Florida F 7 O�Q . o I 1\ l 1 s..tif = b r , .{ I� 43! x a � r� �i 3 r ` Catalina Lakes ���x ���� `�° Palm Beach Gardens, Florida F 7 O�Q r Z T� T r tt y r c y COO f I I I FT I I I 1 i i I I i I I I I I�I rA I I I I i I I i I I I I I I I I I mr_3 h. R!� v g� A� I1 I � r 94 2 �A 0 T 3 L X 7-m- :"3 o� a �1 m e r v U� I I i f I I f I Ii I � I � o a I m , rn ' I o ;I Z I I l-- I I I i I ,I I I I i I I I I I I I I e 94 n�- a RIC T Co "Ila ,._Z. N P _ 3� a_ 0 -t g - rr gam I U� I I i f I I f I Ii I � I � o a I m , rn ' I o ;I Z I I l-- I I I i I ,I I I I i I I I I I I I I e 94 n�- a RIC T Co "Ila ,._Z. N P _ 3� a_ 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Subject/Agenda Item: Resolution 124, 1999: Approval of Concurrent Processing: Golf Digest PCD Recommendation /Motion: Staff recommends approval of Resolution 124, 1999. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Of Planning Division Total [ ] Approved ACME/ $ 0 [ ] Approved W/ conditions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other N/A Resolution 124, 1999 Location Map Not Required Growth Mgt. Directo Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ x ] Not required BACKGROUND: Anne Booth, agent, is requesting approval for the concurrent processing of Amendments to the Golf Digest Planned Community District and individual parcel site plan applications. The subject site is located north of PGA Boulevard and west of Florida's Turnpike. The proposed planned community district amendments reconfigure the master plan to incorporate a private golf amenity into the southwestern residential community. As the surface water management system modifications are reviewed, the petitioner would like the ability to start the site plan review process for individual parcels within the project. §118 -38 (d) of the City's Land Development Regulations requires that the City shall accept concurrent processing of the above mentioned applications only if they: Agenda Cover Memorandum Page 2 November 18, 1999 (1) Not result in an incompatible land use with surrounding areas, (2) No objection has been raised through the Interlocal plan amendment review committee (IPARC), (3) Furthers the goals set forth in the "Vision" document, (4) No objections have been raised by the Development Review Committee, (5) Proposed use meets all Level of Services and Concurrency standards. Staff has reviewed this petition and has determined that it meets all the requirements set forth in § 118 -38 (d). Staff is recommending approval of the concurrent processing petition. GAlong Rangekpcd9901 .concurrent.ccform.wpd September 27, 1999 RESOLUTION 124, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF AMENDMENTS TO A PLANNED COMMUNITY DISTRICT APPLICATION AND APPLICATIONS FOR SITE PLAN APPROVAL FOR THE PROPERTY COMMONLY REFERRED TO AS GOLF DIGEST, LOCATED NORTH OF PGA BOULEVARD AND WEST OF FLORIDA'S TURNPIKE; PROVIDING FOR AUTHORIZATION TO EXECUTE A CONCURRENT PROCESSING AGREEMENT; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from JCB Golf Ventures, Inc., General Partner of TWC /Golf Digest, Ltd. for approval of concurrent processing of Amendment to a Planned Community District and individual site plans within said Planned Community District; WHEREAS, § 118 -38 (d) prohibits the Growth Management Department from accepting or processing applications for site plan concurrent with or prior to an amendment to an approved Planned Community District; WHEREAS,§ 118 -38 (d) also provides an exception whereby City Council may approve the acceptance and processing of such applications according to the conditions of § 118 -38 (d); WHEREAS, the City Council has determined that the concurrent review of site plan applications and the amendment to the Planned Community District will result in a more comprehensively planned project in this instance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review of amendments to a Planned Community District and applications for site plan approval by JCB Golf Ventures, Inc., General Partner of TWC /Golf Digest, Ltd. Section 2. Approval of concurrent processing is based on the following condition being met failure of which shall result in automatic revocation of this Resolution. (1) A Concurrent Processing Agreement shall be submitted to the City within 30 days of approval of this resolution, for approval by the Growth Management Director and City Attorney. Section 3. The City Manager is hereby authorized and directed to execute said Concurrent Processing Agreement on behalf of the City of Palm Beach Gardens. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. It-NA CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO G: \Long Range \pcd9901.concurrent.wpd Resolution 124, 1999 Page 2 tz 01 ------- tLwtn v3 I vil r Oki I WU VA ALIN 3d■Odd 17, T- cB I a.,-- v5Z 3 —11-Mna ------ N <2 it v 10 oo - ------------ CL .1 -Z -C QWE c do U 21 w M "--Ad0HU3AlF- .ns rz to ;; Z.. ": ,No u gad A. tlG 23twNn co U") ZZ a i N.. oaf Y lu Ps --- ------ ------ If AIMIDWA VrH-13eVZi13N j LN ii .Ni Nz, 37aud i,vno IL E r --a Ila W el r x -jL- all =L .,-nIHU3AVf % S SNidNUn.L s oggs -4 UO ij zoni �, u �_V Em-mi 00. C. A cr- ow- LA-A a 0 J 0 � Ylll�u.ruu.0 4 o z ����� aA1i111 IIII�'��{!1}.111 �—�• rn•�i1111111Y���� y�. >'��::� MA, � .fie••, t,il l .. ���I ` d �Ir�r ,11II ��� iii � ;, �, ►�.�. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... .......... ......... ................... ... ........................ Q $ a naaa F ECgB Y6 fill R z a `aYYYYY Y YYYYYYY y � y yY � c YYY���` � y1Raa�a 1 it ww lion 8 od8$oo $ Rpm Ze$$$$$ O.Lu maw <� leg p=jsy° 1 3 11 lo F U) j xx � i 40 J Q 0 a z y�. �Ir�r ,11II ��� iii � ;, �, ►�.�. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... .......... ......... ................... ... ........................ Q $ a naaa F ECgB Y6 fill R z a `aYYYYY Y YYYYYYY y � y yY � c YYY���` � y1Raa�a 1 it ww lion 8 od8$oo $ Rpm Ze$$$$$ O.Lu maw <� leg p=jsy° 1 3 11 lo F U) j xx � i 40 J Q 0 a z CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Subject/Agenda Item: Resolution 144, 1999: Proposed Amendment to the Regional Center Development of Regional Impact (Conversion of Office /Research to Commercial Use) Recommendation /Motion: Staff recommends approval of Resolution 144, 1999. (The Planning & Zoning Commission recommends denial (4 -2 vote) unless /until a site plan can be reviewed concurrently which remedies concerns.) Reviewed by` 8 Originating Dept.: Costs: $_0 Council Action: Total City Attorney r�, Planning Div. [ ] Approved Other N/A $ 0 [ ] Approved w /conditions Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating June 2, 1999 staff report [ ] Other N/A location map revised DRI /PCD Master Plan (Exhibit H) table from Exhibit H Paper: Palm Beach Post [ ] Not Required Submitted b Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: surrounding property owners City Manager (] Not required I. BACKGROUND Consideration of the substantial deviation matter was held earlier on the agenda. This agenda item assumes that the Council determined that the proposal does not constitute a substantial deviation to the Development of Regional Impact. This agenda item is the consideration of the proposed amendment to the development order. The prior determination for the substantial deviation does not have any bearing on the decisions for this agenda item. This is primarily a local matter - the State and Region have no comments on the proposed amendment. II. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate AIA, and west of Prosperity Farms Road. (5, 6- 42S -43E) III. PROPOSED CHANGE The petitioner has acquired vacant parcels as a result of the Foundation land sales and desires to construct/locate additional commercial uses within the project. Currently, the Gardens Mall has utilized the entire 1,390,000 s.f. of commercial use approved by the development order. The applicant is proposing to convert 164,800 s.f. of approved office /research use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office /research use from 400,000 to 235,200 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally located along the PGA Boulevard corridor. The applicant is also clarifying the master plan by denoting the approved neighborhood commercial and cultural arts uses within the tabular data. IV. STAFF CONSIDERATIONS Staff is concerned that new commercial uses will change the character of the Regional Center. The City has made an effort over the years to keep the project from becoming similar to other malls in the area which are lined with outparcels containing restaurants and "big box" or discount retailers. While the provisions of the PGA Overlay will apply, this amendment to the DRI makes the code applicable to the project, staff is not confident that those provisions alone will maintain the integrity of the Regional Center project and keep it consistent with the City's vision for PGA Boulevard. One consideration to help alleviate this concern is a proposed condition for the Regional Center development order which will require that new commercial uses be located in a building of no less than 20,000 square feet. This would prevent a string of individual small retail uses but still provide for some small retail operations to be incorporated into an office or hotel building. V. RECOMMENDATIONS Staff recommends approval of the amendment with the addition of three new conditions to the development order: Commercial use(s) shall be located in buildings of not less than 20,000 square feet. All utility lines, adjacent and/or internal to this Planned Community District, shall be located or relocated underground. Maintenance of adjacent public roadway landscaping such as PGA Boulevard, Alternate AIA, Prosperity Farms Road, and all internal roadways shall be the responsibility of the Master Property Owners Association, until other provisions for maintenance are established by the City. The Planning & Zoning Commission recommended denial in a 4 -2 vote. The Commission indicated that their concerns may be able to be remedied through the site design. Review of the site plan is the only means for them to determine this however. The Commission indicated that if the City Council withheld a final decision on the proposal until the site plan has been reviewed, that they may be in a position to reverse their recommendation. In an earlier meeting, the Planning & Zoning Commission admonished staff for raising a concern (regarding changing the character of the project by the introduction of new commercial parcels) and then not carrying that concern forward in its recommendation. The Commission expressed strong concern about the potential for commercial outparcels which would change the character of the PGA Corridor. The consensus of the Commission was that the proposal is not consistent with the City's Vision, nor the Comprehensive Plan's "main street" concept for PGA Boulevard. PREPARED BY- LAND THEBANKER S COMPANY THE FLORDW, EXHIBIT GENERAL LOCATION A pac FEB. "al :.�__. +.. ._ .. .. .. .._ ....... ._�.� +�G._....., ,r., :S�.XJ �V.a.K.NA�S..'R6.��F � .- '- '��'^N_ac.:.J:G. .:.Y � t ♦ � , ... $ LV Lt I- • • . .. �.... . : i .. : . �.. C) c$ o .., o� o 0 0. o 0 o Q O Q. o t p N co e3 LO CD X . N I— cr) M O N N cD O w Lo 0 0 w U) M O W o Cf) CD slow" 10 C/) o o Qv. w 0 C Z m. = w W C� cnn ' LL LL J cry IQ- w Ci! w U- LL 0. w 0 �C-1 � z � N V � O � V/ N Za L U, O CD a co T Q) C r T M ._ r C Z a O O N T o � 0 cA O Z Q IL cc I— U) Q M W N O IL 0 ri _JLJLJI j C I Od swnvdlei�nt aasoue — —� L M O 0 O 0 O m aQ n x w ^ w 1 M o u Jc � h 0 h A O M �no�LL m m a z Q C O O 2 U C. n N a m a m M h N N ci r N �- O O M g i N ' W C CO) C� ` O O M N O r N M h l'1 r M m N N Qi 0) h N. ^ O m "� O N 0, N m -0 O O N N O m q a Go u M �W W 9) 0 W W Q p� LU _ 1- a a L J O Q � �W p 7 J <U. Vl <�, ZN U d3 ix �� M F 2 0 W <� U i W> Y -¢ 1 Q. o N �-i m zw wW o� <m o� M 4N E v E_ O G2 W OU G40 z = O W D: Ua N 00 iN m aw U o oH_o.oa..aaa oaR CL a� no �a ri Z Q IL cc I— U) Q M W N O IL 0 ri _JLJLJI j C I Od swnvdlei�nt aasoue — —� L 'prciY moo€ I m¢o 0 V, 0 00 w< W_ H _r �a aS' 00 Up ��J < i0 pA < O 00 O �o s< Qw GN z o<_ W 0 J LL Z- W Z u W 0 J Q Q � Z U O W 61, W2 d } z a 0 0 z Q J O f D z O U- a� Y Y 0 u oo § A i & I E m aQ n x w w 1 o u Jc � z �o � S �0 i g � � O 'z'S 1( cram §< j N �no�LL z Q C O O 2 U C. O 7 �Ev 0 m 0 0 M t 0< O Sh =�o00 'prciY moo€ I m¢o 0 V, 0 00 w< W_ H _r �a aS' 00 Up ��J < i0 pA < O 00 O �o s< Qw GN z o<_ W 0 J LL Z- W Z u W 0 J Q Q � Z U O W 61, W2 d } z a 0 0 z Q J O f D z O U- EXHIBIT B FW QUM[ Prospective Tenants for New Rochelle Center and Proposed Lawton - Huguenot Street Development Anchor Bradlees Caidor JC Penney • Kmart Seam Target F."Itiplex Loew's /Sony Clneplex Odeon Crown National Amuse. United Artists Entertainment Blockbuster tMcovd one Tower Records HMV Records Sam Goody Trans World [ Books Bames & Noble Bfirdets Encare I Fabric JoAnn's Fabric Bonanza Cloth World 125,000 125,000 125,000 118,000 150,000 120,000 nee I off • I IM its 10_ u!) 15,ue0 ,25,000 25,000 5(7,000 25,000 yDrug I ` Electronics CVS 12,000 Circuit City Revr o . 12000 TtiE-Wiz- vYalgrepr s 12•u00 Incredible Univ. uenovese 10,M0 Media Play ,I 35,000, 25,000 15,000 15,000 10,000 10,000 Office Supply Office Max 25,000 Office Depot 25,000 Staples 20,000 Home Fumishings I Bed Bath Beyond 60,000 Unens 'N Things 25,000_ t ter . - 10,M Lechtem 4-UQfl S e ivt c� Lvi e 1 Ch. 50,000 Homebase - 50;000, Children's I To s- - 4,000 tfs 1 V,OOG- Noodle Kldoodle 10,000 Kay Bee Toys 7,500 Zany Brainy . 10,000 ISports I Marsnall's 45,000 ports Unlimited �oIed 45,6615 Oshman's 40,000 Modells 20,000 IComputer 1 Cog USA 30,000 .Computer City -2�;f96U Tops Appliance Apparel .I S0,000 58;000 160,000 50,000 60,000 Bob's - 90,000 Marsnall's 10,000 T.J; -Maxx SFrOII _ The - Smiled ' 15,000 Fashion Eug 15,000 Annie Sez 15,000 tyiandees tZids_ 1f?OD0 10 !l� -appivap Otd, Navy , 5,0 Sym's 50,000 Today's Man 30,000 Fiene's Easement 35,000 Saks Clearance 40,000 Nordstrom Rack 40,000 Petrie 10,000 V�er�l�h s ;a -ZS IL Shoes Parade of Shoes 10,000 Foot Locker 10,000 Nine West 7,500 Nike 29,000 LRestaurants TGIF 10,000 Olive Garden 10,000 Red. Lobster 10,000 Bennigans 10,000 'Legal Seafood 10,000 'Cafif Pizza Kitchen 10,000 a ME CENTER SERVICES, INC-- 30 Glenn Strtmt. White PI Mmi. New York 10603 - (91 -0) 9'19-5196 - Rax ( 914) 94- 066, LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. umr 0 CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Sean C. Donahue DATE: October 21, 1999 SUBJECT: The Regional Center -DRI LBFH File No. 994060 Conversion of Office to Retail On October 21, 1999, we received MTP Group's comments pertaining to their review of the traffic analysis prepared by Kimley -Horn and Associates, Inc. for the referenced project. The MTP Group has determined that the proposed change does not constitute a substantial deviation to the approved DRI. A copy of MTP Group's memorandum is attached. SCD/ cc: Roxanne Manning Steve Cramer P:\PROJECTS\PBGMEMO \4060 \4060L Ch or P.m Off 25 1999 PLANNING ZONING 3550 S.W. CORPORATE PARKWAY - PALM CITY, FLORIDA 34990 - (561) 286 -3883 - FAX: (561) 286 -3925 http: / /www.lbfh.com - e -mail: info ®Ibfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE 10 -21 -1999 12_d7PM FROM MTP GROUP INC WPB FL +1 561 7950230 M7P Group, Inc. 12798 Foresr H7// 8ou/evaod, Suire 303 West PRIM Beach, FL 33414 Phone: (561) 795 -0678 Telefax_ (561) 795 -0230 MEMORANDUM To: Sean C. Donahue, P-E. CFnLAN1VJJYG Lindahl, Browning, Ferrari & Hellstrom, Inc. From: Maria T. Palombo, P.E. Date: October 21, 1999 Subject: The Regional Center - DRI 99 -02 Conversion of Office to Commercial We have reviewed the traffic analysis prepared by Kimley Horn and Associates.for a notice of proposed change (NOPC) to the previously approved development order for the development of regional impact (DRI) referenced above. We concur with the analysis that the proposed 50,000 square feet increase in commercial development and the proposed 164,800 square feet decrease in research and development office do not create additional traffic impact. Therefore, the simultaneous -increase and decrease does not. constitute a substantial deviation to the approved DRI. The following is a summary of the land.uses requested with the proposed NOPC: 1,440,000 Square Feet Regional Commercial 26,000 Square Feet Neighborhood Commercial 1,210,000 Square Feet Business Office 235,200 Square Feet Research and Development Office 600 Rooms Hotel 1,600 Multi- Family Dwelling Units 36,400 Square Feet Cultural Arts Please give us a call at (561) 795 -0678 should you have any questions or need additional information about this project. c. lU -W 2Mcmos.v,pd M November 1, 1999 RESOLUTION 144, 1999 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT DEVELOPMENT ORDER FOR THE REGIONAL CENTER; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO CONVERT OFFICE/RESEARCH TO COMMERCIAL USE TO DEPICT THE PARCELS WHICH ARE ELIGIBLE FOR COMMERCIAL USE AND TO CLARIFY THE MASTER PLAN BY DENOTING THE APPROVED NEIGHBORHOOD COMMERCIAL AND CULTURAL ARTS USES WITHIN THE TABULAR DATA; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A DELAWARE CORPORATION AND A WHOLLY OWNED SUBSIDIARY OF WATERMARK COMMUNTIES, INC., A DELAWARE CORPORATION AND MALL PROPERTIES, LTD.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999 thereby approving an amended and consolidated development order for the Regional Center Development of Regional Impact ( "DRI ") and Planned Community District ( "PCD "); and WHEREAS, the City Council has received an application from Mall Properties, Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • that these proposed amendments to the PCD, Development Order and Master Plan are consistent with the Comprehensive Plan of the State of Florida; • that these proposed amendments and additions to the PCD, Development Order and Master Plan do not unreasonably interfere with achievement of the objectives of the adopted Land Development Plan of the State of Florida; • that these proposed amendments to the Development Order and .the Master Plan do not, either individually or cumulatively, constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes; and that therefore, this application does Resolution 144, 1999 Page 1 The Regional Center DRI /PCD Development Order not require further development of regional impact review; and • that the amendment to the PCD, Development Order and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. AMENDED PCD and DRI DEVELOPMENT ORDER. A. Resolution 96, 1999 is hereby amended to reflect the conversion of 164,800 s.f. of approved office /research use to 50,000 s.f. of commercial use, thereby increasing the total amount of regional commercial use within the project from 1,390,000 to 1,440,000 s.f. and reducing the total amount of office /research use from 400,000 to 235,200 s.f. Further, the master plan is being revised to depict the specific parcels which may be considered for commercial use. These parcels are generally located along the PGA Boulevard corridor. The master plan is also amended by denoting the approved neighborhood commercial and cultural arts uses within the tabular data. B. Conditions #1 and #30 of Exhibit 1 (Resolution 96, 1999) are hereby amended as follows: 1. The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B, and C, dated September 1983, revised and submitted October 14, 1983; Exhibit "H" as revised and dated june 290ctober 12, 1999 is incorporated hereto and made a part of this Development Order. Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA ") including but not limited to, Exhibit H and the tabulations, notations, labels and designations thereon, nothing in the ADA shall be interpreted to constitute a constraint on the physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office /Hotel (1), Office /Hotel /Community uses (2), or Research/Office /Service Community uses (3); provided the total square footages for uses in the Maximum Floor Space allocations on Exhibit H are not exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H. Commercial use(s) along the PGA Corridor shall be located within buildings of no less than 20,000 square feet in size. Resolution 144, 1999 Page 2 The Regional Center DRI /PCD Development Order 30. All major streets shown on the Master Plan (Exhibit "H" of the ADA) shall be public streets dedicated to the City of Palm Beach Gardens. Any private streets within individual Planned Unit Developments shall be subject to approval by the City Council. Maintenance of adjacent public roadway landscaping such as PGA Boulevard, Alternate A 1 A, Prosperity Farms Road, and all internal roadways shall be the responsibility the Master Property Owners Association, until other provisions for maintenance are established by the City. All utility lines, adjacent and/or internal to this project, shall be located or relocated underground. C. The revised Master Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Plan for the Regional Center: October 12, 1999 Exhibit H - The Regional Center, Urban Design Studio, 1 Sheet. SECTION 2. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, COMMUNITIES FINANCE COMPANY, A DELEWARE CORPORATION AND A WHOLLY OWNED SUBSIDIARY OF WATERMARK COMMUNTIES, INC., A DELAWARE CORPORATION AND MALL PROPERTIES, LTD. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Communities Finance Company, a Delaware Corporation and a wholly owned subsidiary of Watermark Communities, Inc., a Delaware Corporation, and Mall Properties, Ltd. SECTION 3. REPEALER All Ordinances or Resolutions in conflict herewith are hereby repealed. SECTION 4. EFFEC'T'IVE DATE. This Resolution shall become effective upon adoption. Resolution 144, 1999 Page 3 The Regional Center DRI /PCD Development Order PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER, CMC, CITY CLERK * VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO , 1999. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Resolution 144, 1999 Page 4 The Regional Center DRI /PCD Development Order EXHIBIT 1. November 2, 1999 CONSOLIDATED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT The following shall constitute the Development Order for the Regional Center Development of Regional Impact and Planned Community District This Development Order consolidates and restates the terms of the following Resolutions of the City of Palm Beach Gardens, Florida. All terms and conditions of these resolutions and ordinances which remain effective on this date shall remain in full force and effect, and are incorporated into this consolidated and restated Development Order as provided below: Resolution 9, 1984 (February 16, 1984); Ordinance 5, 1984 (February 16, 1984); Resolution 23, 1984 (March 15, 1984); Ordinance 9, 1984 (March 15, 1984); Resolution 16, 1986 (May 15, 1986); Ordinance 10, 1986 (May 15, 1986); Resolution 96, 1994 (July 21, 1994); Resolution 36, 1999 (August 5, 1999); Resolution 144, 1999 (November 4, 1999) LEGAL DESCRIPTION OF THE PROPERTY. This Development Order shall apply to the real property described in Exhibit La.. CONDITIONS OF APPROVAL Application for Development Approval: The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. Resolution 144, 1999 Page 5 The Regional Center DRI /PCD Development Order For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes I and II and Appendixes A, B, and C, dated September 1983, revised and submitted October 14, 1983; Exhibit "H" as revised and dated October 12, 1999 is incorporated hereto and made a part of this Development Order. Notwithstanding anything to the contrary in the Application for Development Approval ( "ADA ") including but not limited to, Exhibit H and the tabulations, notations, labels and designations thereon, nothing in the ADA shall be interpreted to constitute a constraint on the physical location(s) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail /Office /Hotel (1), Office/Hotel /Community uses (2), or Research/Office /Service Community uses (3); provided the total square footages for uses in the Maximum Floor Space allocations on Exhibit H are not exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H. Commercial use(s) along the PGA Corridor shall be located within a building of no less than 20,000 square feet in size. Commencement of Development: 2. In the event the Developer fails to commence significant physical development within three (3) years from the effective date of the Development Order, development approval shall terminate and the Development shall be subject to further consideration pursuant to §380.06, Florida Statutes. Significant physical development shall mean site preparation work for any portion of the Project. Historic and Archaeological Sites: 3. In the event of discovery of archaeological artifacts during project construction, the Applicant shall stop construction in that area and notify the Bureau of Historic Sites and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the Applicant. Vegetation Applicant shall preserve, remove and locate vegetation on site of the Regional Center subject to the following terms and conditions: 4. A minimum of twenty -five percent (25 %) (8 acres) of all Oak Hammock that occurs on the property shall be preserved with intact canopy, understory and ground cover. During construction, all Melaleuca, Brazilian Pepper and Australian Pines which occur in the construction area or any adjacent preserve areas shall be removed. Removal shall be in a Resolution 144, 1999 Page 6 The Regional Center DRI /PCD Development Order manner that avoids seed dispersal by any of these species. Within each phase, complete removal of each of these species shall be accomplished by the completion of development of the phase. 6. The Applicant shall provide and maintain a buffer zone of native upland edge vegetation around all wetland and deep water habitats (e.g. the Surface Water Management System) whichate preserved or constructed on -site. The buffer zone may consist of preserved or planted vegetation but shall include canopy, understory and ground cover which consist of species of native origin only. The edge habit, shall begin at the upland limit of any wetland or deepwater habitat and shall include a total area of at least ten (10) square feet per linear foot of wetland or deepwater habitat perimeter. This upland edge habitat shall be located such that no less than fifty percent (50 %) of the total shoreline is buffered by a minimum width of ten (10) feet of this habitat type. Wildlife: The Applicant shall provide protection to the wildlife found on site of the Regional Center as follows: 7. The Applicant shall provide protection of the Gopher Tortoise population that occurs on the site. Protection may be by preservation of existing on -site habitat, by transfer of individuals to a suitable preserve area offsite, or by combination of these techniques. If any portion of the Gopher Tortoise population is to be moved, the Developer shall prepare, prior to commencement of any clearing or land preparation activities, a plan for the safe transfer to an appropriate preservation area of the tortoises, aswell as any populations of the following species: Florida Mouse (Peromyscus floridanus), Gopher Frog (Rana areolata), and Eastern Indigo Snake (Drymarchon corais). The plan shall include: (1) a description of the area proposed to receive these species and the reasons the area is appropriate for such a purpose; (2) a description of methods to be used to locate, capture and transfer individuals; and (3) a description of methods to be used in monitoring the success of the transfer; relocation effort. Monitoring shall be carried out and reported for a minimum of two (2) years after the transfer is complete. The plan shall be approved by the City of Palm Beach Gardens in consultation with the Florida Game and Freshwater Fish Commission and the Treasure Coast Regional Planning Council. Any transfer of animals proposed shall occur within eighteen (18) months after commencement of development and shall be carried out in the manner specified in the approved plan. Drainage: The Applicant shall design and construct a drainage system in compliance with the Pallas Beach Gardens Code, the requirements of other required permitting agencies and the following requirements: Resolution 144, 1999 Page 7 The Regional Center DRI /PCD Development Order 8. The Applicant shall establish a planted littoral zone as part of the Surface Water Management System. Prior to construction of Surface Water Management System, the Applicant shall prepare a design and management plan for a wetland/ littoral zone that shall be a part of this system. The plan shall: (1) include a topographic map of the zone showing the control elevation contour and the -3 foot contour; (2) specify how vegetation is to be established, including the extent, method, type and timing of any planting provided; and (3) provide a description of any water management procedures to be followed in order to assure the continued viability and health of the littoral zone. The established littoral zone shall consist entirely of native vegetation and shall be maintained permanently as part of the water management system. As a minimum, a total of twelve (12) square feet of vegetated littoral zone shall be established for each linear foot of shoreline occurring within the Development. The plan for the littoral zone shall be subject to approval by the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council prior to beginning any excavation activity. The plan shall be implemented and work inspected no later than eighteen (18) months after the beginning of each phase of construction. 9. The Applicant shall design and construct the Surface Water Management System to retain or detain with filtration, as a minimum, the first one -inch of stormwater runoff. The first one -inch of stormwater runoff from all parking areas and roads must be retained or detained with filtration within the vicinity of the parking area or roads and separate from the Surface Water Management System. In order to assure that all necessary management procedures are incorporated within the storm and Surface Water Management Systems, the final plans and designs for these systems must be approved by the City of Palm Beach Gardens in consultation with South Florida Water Management District and the Treasure Coast Regional Planning Council. Water Supply: 10. In an effort to limit irrigation water demand, the Applicant shall implement either of the two following procedures: (1) The Applicant shall use treated wastewater effluent or a gray water system as the source of all irrigation water; or (2) The Applicant shall minimize potential demand on surficial aquifer water by designing the Surface Water Management System to fully provide for irrigation demand in average rainfall years. If this alternative is elected, the design must provide for irrigation demand without Resolution 144, 1999 Page 8 The Regional Center DRI /PCD Development Order lowering the water table below seasonal levels existing prior to development. In no case shall irrigation water be withdrawn from the Surface Water Management System to the extent that seasonal water tables are lowered below predevelopment levels. 11. The Applicant shall use treated wastewater effluent for irrigation purposes at such time as the dispersal line becomes available within the vicinity of the site. 12. In an effort to decrease potable water supply demand, the Applicant shall require the installation of the following water saving fixtures except where prohibited by any code or Ordinance: three gallon toilets, shower head flow restrictors, and water tap aerators. Transportation: 13. The Applicant shall be responsible for providing the following roadway improvements or contributions for improvements according to the timetable specified: (A) Within eighteen (18) months of issuance of any building permit that would result in total development exceeding 300,000 square feet, the Developer shall: (1) Widen PGA Boulevard to six lanes between SR 811 (Alternate AIA) and Prosperity Farms Road; (2) Construct a fourth lane westbound on PGA Boulevard from driveway intersection 4 (as indicated on Exhibits J -3 through J -6 in The Regional Center Application for Development Approval) to the 1 -95 flyover ramp serving the west to south movement. If construction of the 1 -95 ramp has not commenced by the time specified above, the fourth westbound lane west of SR 811 shall be constructed and opened to traffic at the time the 1 -95 ramp is opened to traffic; and (3) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound — one right -turn, two left -turn ad three through lanes; (b) Westbound — one right -turn, one left -turn, and four through lanes with transition to three lanes west of SR 811 if the I -95 flyover ramp is not under construction); (c) Northbound - one right -turn, two left -turn, and two through lanes; (d) Southbound - two right -turn, two left -turn, and two through lanes. (B) Within 12 months of issuance of any building permit that would result in total development exceeding 300,000 square feet, the Developer shall construct the intersection of PGA Boulevard Resolution 144, 1999 Page 9 The Regional Center DRI /PCD Development Order and Military Trail to the following configuration (Stage I): (1) Eastbound - one left -turn, one right -turn, and three through lanes; (2) Westbound - one left -turn, one right -turn, and two through lanes; (3) Southbound - two left -turn, and two through lanes; (4) Northbound - one left -turn, one right -turn and two through lanes. (C) Upon issuance of any building permit that would result in total development in excess of 300,000 square feet, the Developer shall be responsible to provide all improvements, up to the configuration specified, which are necessary to provide Level of Service C operation at the following intersections. Unless otherwise specified below, the improvements shall be completed within twelve (12) months of the identification of the need for them by the traffic monitoring program: (1) Construct the intersection of PGA Boulevard and Military Trail to the following configuration (Stage II). This condition shall not become effective until 1 -95 has been opened for travel between Indiantown Road and PGA Boulevard. In conjunction with these improvements, the landscaping within associated medians will be preserved. (a) Eastbound - one right -turn, one left -turn, and three through lanes; (b) Westbound - one right -turn, two left -turn, and three through lanes; (c) Northbound - one right -turn, one left -turn, and three through lanes; (d) Southbound - one right - turn/through lane, two left -turn lanes, and one through lane. (2) Construct the intersection of PGA Boulevard and SR 811 to the following configuration: (a) Eastbound - one right -turn, two left -turn and three through lanes; (b) Westbound - one right -turn, two left -turn and four through lanes; (c) Northbound - one right -turn, two left -turn, and three through lanes; (d) Southbound - two right -turn, two left -turn and two through lanes. (3) Construct the third southbound through lane at the intersection of PGA Boulevard and SR 811 within eighteen (18) months of the time that the intersection is identified in the Traffic Moni- Resolution 144, 1999 Page 10 The Regional Center DRI /PCD Development Order toring Program to be below Level of Service C and after all other PGA Boulevard and SR 811 improvements described herein have been completed. (4) Improve the intersection of RCA Boulevard and Prosperity Farms Road with a separate left -turn lane northbound, a separate right -turn lane eastbound, and signalization. The separate turn lanes shall be installed when the intersection is signalized if they have not been previously provided. (5) Improve the intersection of RCA Boulevard and Campus Drive with a westbound right -turn lane and signalization. The separate turn lane shall be installed at the time of signalization if it has not been previously provided. (D) Upon issuance of any building permit, that would result in more than 300,000 square feet of any single use, except retail, or more than 300,000 square feet of any combination of uses, or more than 1.2 million square feet of retail, whichever occurs first, the developer shall be responsible to: (1). Widen SR 811 to six (6) lanes between PGA Boulevard and Hood Road within eighteen (18) months of the determination in the annual traffic monitoring program that the average daily traffic volume for that section of roadway exceeds 30,700. (2) Widen SR 811 to six (6) lanes between Hood Road and Donald Ross Road within eighteen (18) months of the determination in the annual traffic monitoring program that the average daily volume for that section of roadway exceeds 30,700. (3) Construct the intersection of PGA Boulevard and Prosperity Farms Road to the following configurations: Improvements will be constructed to provide this configuration as needed to provide Level of Service C. (a) Eastbound - two left -turn, one right -turn, and three through lanes; (b) Westbound - two left -turn, one right -turn, and three through lanes; (c) Southbound - one right -turn, two left - turns, and one through lane; (d) Northbound - one right -turn, one left -turn and one through lane. (E) The Developer shall widen Prosperity Farms Road to four through lanes between PGA Boulevard and the project entrance in conjunction with the construction of the project.entrance (driveway intersection number 10). No Certificates of Occupancy shall be issued when peak hour trips for the Development exceed 5,800 unless this entrance is open. (F) All driveway intersections shall initially be constructed to a minimum of single separate left and Resolution 144, 1999 Page 11 The Regional Center DRI /PCD Development Order right -turn inbound lanes and separate left and right turn outbound lanes with traffic separators. Each driveway intersection shall be improved with additional lanes up to the configuration described below and with signalization as needed to provide Level of Service C operations: SR 811 Driveways: ➢Northbound single right -turn lane. ➢ Southbound double left -turn lanes. ➢ Westbound double left -turn lanes and double right -turn lanes PGA Boulevard Driveways (from west to east as identified on Exhibit J -3 of the Regional Center Application for Development Approval) #4 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound double left -turn lanes, single through/right -lane and single right -turn lane. #5 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound single left -turn, single through lane, double right -turn lanes. #6 ➢ Eastbound double left -turn lane. ➢ Westbound single right -turn lane. ➢ Southbound single through/left -turn lane and double right -turn lanes. #7 ➢ Eastbound double left -turn lane. Resolution 144, 1999 Page 12 The Regional Center DRI /PCD Development Order ➢ Westbound single right -turn lane. ➢ Southbound double left -turn lanes, single through lane and double right -turn lanes. #8 ➢ Eastbound single left -turn ➢ Westbound single right -turn lane. ➢ Southbound single through/left -turn land and single right -turn lane. Prosperity Farms Road Driveway: #10 ➢ Northbound single left -turn lane. ➢ Southbound single right -turn lane. ➢ Eastbound single left -turn lane and single right -turn lane. (G) Provide a $200,000 clean irrevocable Letter of Credit to the City of Palm Beach Gardens providing therein contribution for roadway improvements. The Letter of Credit shall be obtained by Applicant and delivered to the City at the time of approval of the first Planned Unit Development contained within the Regional Center Project. Funds may be drawn down under said Letter of Credit no sooner than the issuance by the City of its approval of the second Planned Unit Development to be contained within the Regional Center Project. Said draw down shall be with the joint approval of the City of Palm Beach Garden and the County of Palm Beach. After issuance, the Letter of Credit shall be adjusted on an annual basis by the change in the Engineering News Record Construction Cost Index as promulgated by the Engineering News Record from the base period which shall begin upon issuance, by the City of final approval for the first Planned Unit Development to be contained within the Regional Center Project. In the event said Index shall be discontinued and there shall be no successor thereto, then the Consumer Price Index (all items, U.S. City Average (1967 = 100) for all urban consumers are promulgated by the U.S. Department of Labor). The funds drawn may only be used for roadway related improvements available to and substantially benefiting property owners and occupants of property within the Regional Center. Developer may, at any time, in lieu of said Letter of Credit, deposit the sum of $200,000 or the sum remaining under the Letter of Credit together with the accrued additional sum resulting from the annual adjustment in a joint account in the names of the City of Palm Beach Gardens and Palm Beach County. . Resolution 144, 1999 Page 13 The Regional Center DRI /PCD Development Order 14. In the event that any of the improvements specified in Condition 13 above are provided by another public or private entity prior to the Developer meeting the obligations therein, the Developer shall provide a monetary contribution in lieu of the actual improvement. The amount of the contribution shall be based on the cost estimates set forth below as adjusted by the change in the Engineering News Record Construction Cost Index from the base period of October 1983 to the index value current at the time of the contribution. All contributions shall be made in cash to the City of Palm Beach Gardens and Palm Beach County jointly at the time a determination is made through the annual traffic monitoring program that the Developer would be required to make the respective improvements according to the requirements of Condition 13 above. PGA Boulevard Improvements Driveway intersection #5 to 1 -95 $600,000 Driveway intersection #5 to west of Prosperity Farms Road $550,000 SR 811 PGA Boulevard to Hood Road $694,000 Hood Road to Donald Ross Road $586,000 Prosperity Farms Road $175,000 PGA Boulevard and Prosperity Farms Road $123,000 PGA Boulevard and Military Stage I $ 50,000 Stage II $ 70,000 PGA Boulevard and SR 811 (Third southbound through lane) $120,000 RCA Boulevard and Prosperity Farms Road $ 80,000 RCA Boulevard and Campus Drive $ 35,000 Conveyance of Right -of -Ways: 15. Prior to the issuance of final approval for the first Planned Unit Development to be contained within the Regional Center Project, or within eighteen (18) months after the effective date of the Development Order, whichever comes first, the Developer shall convey to the applicable governmental entity all rights -of -way which are needed for the improvements specified in Condition No. 13 other than the rights -of -way related to the improvement of the intersection of Prosperity Fauns Road and PGA Boule- vard. The rights -of -way shall be conveyed free and clear of all liens and encumbrances and shall not be Resolution 144, 1999 Page 14 The Regional Center DRI /PCD Development Order subject to any restrictions or limitations which would interfere with their intended use as public road right -of -way. Further, the Developer shall also provide a contribution equivalent to the fair market value of right -of -ways which are necessary for the improvement specified above for the intersection of Prosperity Farms Road and PGA Boulevard. This contribution shall be made in sufficient time so that the improvements for which it is being required can be made at the time the improvements are required under Condition No. 13. This contribution shall be made to the applicable governmental authority. The funds shall be held in escrow and expended for the purpose of acquiring the rights -of -way necessary for the improvement of the intersection of Prosperity Farms Road and PGA Boulevard. 16. All improvements shall be designed and built to meet appropriate Florida Department of Transportation, Palm Beach County and City of Palm Beach Gardens standards. The Developer shall provide all improvements such as signal installation, signal upgrading, signal progression, lane marking, signing (including overhead signs) and lighting needed in conjunction with the required improvements. Lighting, as used herein, refers to any modifications to existing street lighting required by roadway improvements as specified in Condition No. 13. All roadway widenings shall be constructed to join with existing comparable cross- sections or shall be carried a sufficient distance through and beyond the intersections to allow for safe and efficient transition to smaller cross - sections. 17. The specific improvements required in Condition 13 above may be modified based on the results of the annual traffic monitoring program. However, in no case shall the Developer be liable for improvements more extensive than those specified above, except as provided in Condition 19 below. 18. All improvements specified in Condition 13, except 13(C)(3) shall be completed prior to issuance of the last Planned Unit Development, plat, or site plan approval for the Development. 19. In the event that the peak hour traffic produced by The Regional Center exceeds 8,900 trips and Certificates of occupancy have been issued for less than ninety -five percent (95 %) of the maximum floor space listed in Exhibit "H" of the Regional Center Application for Development Approval, the City shall impose, in consultation with the Treasure Coast Regional Planning Council, any additional traffic requirements, including, but not limited to, intersection improvements, roadway widenings, or transportation system management measures that may be necessary to mitigate the impact of the additional traffic which is in excess of that originally projected for the Development. Further, the City of Palm Beach Gardens shall review the transportation system in the area of the Regional Center during each Planned Unit Development application. At each Planned Unit Development application, a review of non - municipal public transportation improvements assumed in the ADA will be completed and a traffic impact report shall be prepared. Based on these reports, the City of Palm Beach Gardens shall report annually to the Metropolitan Planning Organization regarding the Regional Center's progress in relation to needed non - municipal transportation improvements assumed in the ADA. Resolution 144, 1999 Page 15 The Regional Center DRI /PCD Development Order Additionally, every five (5) years after the effective date of the Development Order, the City of Palm Beach Gardens shall review the transportation system outlined in the ADA and issue a report to the Treasure Coast Regional Planning Council regarding needed non - municipal public transportation improvements assumed in the ADA. If it is determined that the needed transportation improvements have not been constructed and that provision has not been made for funding the needed improvements in the Palm Beach County Five Year Transportation Improvement Plan or by a commitment from private or public sources, the City of Palm Beach Gardens in consultation with the Treasure Coast Regional Planning Council shall modify the traffic requirements as necessary to minimize adverse impacts on traffic conditions. The Developer shall have the option of accepting the modified traffic requirements or delaying further development of the Regional Center until funding of the needed improvements has been provided as set forth above. "Except as otherwise provided in this paragraph, the Developer shall not be subject to obligations, regulations, or restrictions which are not generally imposed on other developments in the area." Further, issuance of building permits and Certificates of Occupancy for a Planned Unit Development in the Regional Center shall not be suspended or withheld as a result of additional traffic conditions after the City of Palm Beach Gardens has approved that Planned Unit Development. The Regional Center shall not be developed in one Planned Unit Development, but shall be developed in not less than four (4) Planned Unit Developments and the City of Palm Beach Gardens shall establish reasonable completion times for each Planned Unit Development, depending upon the size of each such Planned Unit Development. 20. In the event that any impact fee is imposed by any governmental authority upon the Development for the purpose of funding non -site related roadway improvements, the Developer shall receive a credit against such fee for any sums expended pursuant to Condition 13 above or the Developer's obligations contained in Condition 13 above shall be reduced by an amount equivalent to the fee paid. Non -site related improvements are defined as everything offsite except turn lanes, signalization, and driveway construction at points of access. 21. Commencing the first winter season (January- March) after issuance of the first Certificate of Occupancy, and continuing each winter season thereafter, the Developer shall undertake a traffic monitoring program. The traffic monitoring program shall be conducted by a traffic engineering firm that is qualified by the Florida Department of Transportation in 3.05 - Traffic Operation Studies and 3.06 - Traffic Operation Design or an equivalent. The program shall consist of the following activities: (A) Conduct a two -day, mid -week, twenty -four hour (hourly recording) count at all Regional Center driveways and on the following roadway segments: ➢ PGA Boulevard east of SR 811; ➢ SR 811 between the northernmost development entrance and Hood Road; and ➢ SR 811 between Hood Road and Donald Ross Road. (B) Conduct AM and PM peak hour turning movement counts for or hundred twenty (120) minutes Resolution 144, 1999 Page 16 The Regional Center DRI /PCD Development Order to capture the maximum sixty (60) minutes at all Regional Center driveways and at the following intersections: ➢ SR 811 and PGA Boulevard. ➢ PGA Boulevard and Military Trail. ➢ PGA Boulevard and Prosperity Farms Road. ➢ RCA Boulevard and Prosperity Farms Road. ➢ RCA Boulevard and Campus Drive. (C) Perform critical movement capacity analysis unsignalized and signalized using the AM and PM peak hour traffic counts and using existing lane configuration at the intersections noted in 21(B) above. The analysis shall be based upon criteria relating to Operations and Design as set forth in Transportation Research Circular No. 212, "Interim Materials on Highway Capacity" January 1980 (or its successor). Signal warrant studies shall also be conducted at all driveway intersections and unsignalized intersections as required. (D) Determine current level of service for each Regional Center driveway and the intersections identified in 21(B) above and identify any intersection improvements needed to provide Level of Service C. Also, determine current twenty -four hour traffic volume relative to threshold volumes set in Conditions 13(D)(1) and 13(D)(2)above (E) Prepare a report presenting existing counts and traffic conditions, including all analysis, specifying any improvements necessary to provide Level of Service C operation, and outlining the schedule for construction of the improvements identified. This report shall be submitted to the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, Palm Beach County Traffic Engineering, and the Florida Department of Transportation on or before May 1 st of each year. (F) Monitoring of each roadway segment and intersection specified in 21(A) and 21(B) above may cease whenever all related improvements have been completed as outlined in Condition 13 above. 22. Prior to the issuance of Certificates of Occupancy for each Planned Unit Development, Applicant shall submit and implement a directional signage plan for vehicles and pedestrians. Housing: 23. The Applicant shall, on or before January 1, 1989, developor cause to be developed, within five miles of The Regional Center, a minimum of five hundred (500) housing units priced at or below $60,000.00 per Resolution 144, 1999 Page 17 The Regional Center DRI /PCD Development Order unit, such price to be subject to change based on the housing element of the Consumer Price Index, Bureau of Labor Statistics, Southeastern Region. The Applicant shall receive credit towards the satisfaction ofthis condition equal to the number of housing units constructed by the Applicant or any other entity witivnfiw miles of The Regional Center between January 1, 1984 and January 1, 1989 at or below the price specified above. Energy: 24. In the Final Site Plans, the Developer shall incorporate those energy conservation measures identified on Pages 25 -9 through 25 -16 of The Regional Center Application for Development Approval and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. 25. The Property Owners Association Architectural Review Board (hereafter referred to as the "Board ") shall develop and implement, with the assistance of its energy consultants, an energy plan for each project phase, covering all aspects of the Development (e.g., site planning, building design, equipment selection and operational procedures). The energy plans shall be submitted to the Treasure Coast Regional Planning Council and the City of Palm Beach Gardens for their review and comment. Copies of the energy plans should also be provided to Florida Power & Light Company and the Seacoast Gas Corporation. The Treasure Coast Regional Planning council and the City shall have a maximum of sixty (60) days to review the plans and comment before any final Board action and Site Plan approval are made concerning the particular development phase. The Board shall consider those comments in making its development decisions. If the Board is unable to comply with this condition, it shall be the responsibility of the Developer to have the energy plans approved and submitted in accordance with the procedures set out above. 26. Heated swimming pools built on -site shall only be heated by a renewable energy source (e.g., solar energy, waste heat recovery). 27. The Applicant shall consult with Florida Power & Light Company representatives and other energy experts in designing, operating, and maintaining an energy - efficient street lighting system for streets and parking lots. Additionally, the Applicant shall consult with Florida Power & Light Company and Seacoast Gas Corporation representatives to consider the installation of a full line of energy- efficient appliances and equipment, including, but not limited to, energy - efficient heat pumps, waste heat recovery systems, and domestic solar water heaters. Provisions shall be made to offer such energy- efficient appliances and devices (including heating and cooling systems) as options to prospective homebuyers. Atlantic Boulevard /Screening and Right -of -Way 28. The Applicant shall provide screening of and additional right -of -way for Atlantic Boulevard under the following terms and conditions: Resolution 144, 1999 Page 18 The Regional Center DRI /PCD Development Order (A) Within two (2) months from the date that Applicant receives the first Certificate of Occupancy, for any phase of a PUD adjacent to Atlantic Boulevard, a meandering and undulating berm, an average of three (3) feet in height above the crown of Atlantic Boulevard and a six foot (6') high chain link fence will be constructed along Atlantic Boulevard right -of -way in such portion of the PUD. Additional visual screening will be provided by a hedge and trees. Applicant or the Property Owners Association shall maintain the fence and landscaping located on Applicant's Property. (B) If Palm Beach County provides funding for the widening of Atlantic Boulevard prior to Applicant filing a plat adjacent to Atlantic Boulevard, then Applicant shall provide, to Palm Beach County without charge, a right -of -way of up to forty feet (40') in width at such time as Applicant files the first plat adjacent to Atlantic Boulevard. Public Safety Building: 29. Within 2 -1/2 years after final approval of the Development Order and after exhaustion of all administrative appeals provided by law, Applicant shall provide the City, without charge, a 5 -1/2 acre site, located on Campus Drive, and a public safety building located on that site. The Applicant's obligation shall be to provide to the City of Palm Beach Gardens a public safety building containing 3,900 square feet which shall be a "turnkey" fire station facility. Prior to construction thereof, plans and specifications therefor shall be delivered and approved by the City manager, which approval shall not be unreasonably withheld. The Deed of Conveyance shall contain a restriction providing that the property shall be used by the City for public purposes only. Major Streets: 30. All major streets shown on the Master Plan (Exhibit "H" of the ADA) shall be public streets dedicated to the City of Palm Beach Gardens. Any private streets within individual Planned Unit Developments shall be subject to approval by the City Council. Maintenance of adjacent public roadway landscaping such as PGA Boulevard, Alternate AIA, Prosperity Farms Road, and all internal roadways shall be the responsibility of the Master Property Owners Association, until other provisions for maintenance are established by the City. All utility lines, adjacent and/or internal to this project, shall be located or relocated underground. Drainage: 31. The maintenance and operation of all drainage facilities shall be the responsibility of a property owners associations, taxing district, or water control district. However, this shall not preclude the jurisdiction of the City of Palm Beach Gardens in the event of default or inaction by any of the above entities. Resolution 144, 1999 Page 19 The Regional Center DRI /PCD Development Order Parks: 32. The Applicant shall provide adequate neighborhood park sites and equipment for same to serve residents of Residential Planned Unit Developments, especially children. These requirements shall be determined by the City in its approval of Residential Planned Unit Developments. 33. Parks in the Development shall be operated and maintained by a property owners association or other entity and the City of Palm Beach Gardens shall have no responsibility for the operation or maintenance of the parks. The requirements of the Ordinances of the City of Palm Beach Gardens, providing that the City may require the dedication of public parks, shall be satisfied by such parks even in the event they are not dedicated to the City of Palm Beach Gardens. 34. The 20 -acre park and lake depicted in Exhibit "H" of the ADA shall be improved as required by the South Florida Water Management District (SFWMD) during the permitting process. Initial improvements may include the excavation of portions of the lake and planting of attendant littoral and upland buffer zones. The 20 -acre park site shall be completed as the major roadways depicted on Exhibit "H" of the ADA, abutting the park on the west and south side are constructed. Local Considerations 35.That this Resolution shall constitute the Development Order of this City Council issued in response to the Development of Regional Impact Application for Development Approval filed by BANKERS LAND COMPANY. 36. That the definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 37. That the following are hereby incorporated by reference and made a part of this Development Order: Application for Development Approval (ADA) consisting of Volumes I and II, and appendixes A, B, and C, dated September, 1983 revised and submitted to Treasure Coast Regional Planning Council on October 14, 1983. 38. That the following is hereby incorporated into this Development Order for purposes of legislative reference: All materials contained in the assessment report of Treasure Coast Regional Planning Council. 39. That this Development Order shall be binding upon the Developer and its assignees or successors in interest; and, the term "Developer" and "Applicant" as used interchangeably herein shall mean Communities Finance Company, a Delaware Corporation. It is understood that any reference herein to any governmental Resolution 144, 1999 Page 20 The Regional Center DRI /PCD Development Order agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. 40. That in the event that any portion or section of this Development Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 41. That the approval granted by this Development Order is conditional; and, such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 42. That subsequent requests for development permits shall not require further review pursuant to §380.06, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that one or more of the following is present: (a) A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved Development Plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Treasure Coast Regional Planning Council, or (b) An expiration of the period of effectiveness of this Development Order as provided herein. Substantial deviation shall be as defined in Chapter 380, Florida Statutes. Upon a finding that any of the above is present, the City Council shall order termination of all development activity until further review in accordance with §380.06(17)(a), Florida Statutes, 43. That this Development Order shall remain in effect for a period of twenty (20) years from the date of its rendition (February 16, 1984), provided that this effective period may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the Development. 44. During the period of effectiveness of this Development Order, the Developer shall annually provide the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, and Department of Community Affairs with a summary of completed construction and a schedule of proposed construction over the remaining life of the Development Order. This summary shall be in the form designated by the Treasure Coast Regional Planning Council. 45. The Developer shall, six (6) months from the date of this Order (February 16, 1984) and every six (6) months thereafter, meet with the City Manager and any other governmental agency so designated by the City Council, for the purpose of informing the City of the present status and updated growth projections of the Development. Resolution 144, 1999 Page 21 The Regional Center DRI /PCD Development Order GALong Range \resl44.wpd Resolution 144, 1999 Page 22 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 18, 1999 Date Prepared: November 12, 1999 Subject /Agenda Item Workshop: Resolution 145, 1999 — PGA of America Headquarters (SP- 99 -10). Proposal 'to amend the existing site plan, to build an additional 60,000 s.f. office building and to remove the existing 5,495 s.f. sales center. Recommendation /Motion: Staff recommends approval of Resolution 145, 1999 Reviewed by: Originating Dept.: Costs: $ City Attorney Growth Management I Total Finance ACM Human Res. NA Other NA Approved by: City Manager REQUEST M Advertised Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Current FY Funding Source: [ ] Operating [ )Other Budget Acct. #:: Council Action: I[] [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 145, 1999 Engineer Letter Applicant letter POA letters Buffer Elevations [ ] None Alan Strassler, agent for PGA of America, is seeking to amend the existing site plan, to build an additional 60,000 square -foot office building and to remove an existing 5,495 square -foot sales center. The subject site is 10.11 acres and is located on the west side of Avenue of the Champions, approximately t/4 mile south of its intersection with PGA Boulevard (10-42S -42E). LOCATION MAP Agenda Cover Memorandum November 18, 1999 Page 2 of 9 BACKGROUND In 1979, this parcel was developed as the PGA of America's Headquarters. It was one of the first sites to be developed in PGA National. PGA of America currently occupies the 44,000 square foot office building on the northern half of the property. A section of the southern half of the site is the PGA National Sales Center, which is 5,495 square feet. The Sales Center will be demolished in order to construct the 60,000 square foot building., Below is a listing of resolutions passed regarding this site: • Resolution 93, 1979 — Original approval for PGA of America Headquarters • Resolution 33, 1986 — Abandonment of PGA of America "Hall of Fame" (future site of Sales Center) • Resolution 67, 1989 — Approval for Sales Center PROCEDURE This is a request for an amendment to a site plan within a PCD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval for consideration of approval, approval with conditions, or denial. LAND USE AND ZONING The current land use designation for this site is Professional Office (PO). The subject property is zoned Planned Community District (PCD). For a complete list of adjacent existing uses, land use designations and zoning districts, please see Table 2. PROJECT DETAILS Site Location The subject site is 10.11 acres and is located on the west side of Avenue of the Champions, approximately 1/4 mile south of its intersection with PGA Boulevard. The site is surrounded by a lake tract which abuts PGA Boulevard to the north; Avenue of the Champions traffic circle on the east; another lake tract to the west; and by a golf course to the south. Concurrency The applicant has submitted a traffic statement, which indicates the peak hour traffic volumes generated by the project. The City's Traffic Consultant has issued comments (see attached letter from Maria Palombo). Agenda Cover Memorandum November 18, 1999 Page 3 of 9 Notice of Proposed Chang_ e (NOPC) On October 7, 1999, the PGA National DRI was given approval for an NOPC by City Council. The owners have increased the Office Use intensity in the DRI from 581,710 square feet to 602,890 square feet. There will be a corresponding decrease of 78,296 square feet in the Light Industrial Use category. (The NOPC included an increase in the Hotel Land Use category as well.) This change in use does not include medical office. Therefore, a condition of approval will be included in the authorizing resolution that will prohibit medical uses. The subject request is consistent with the land use changes in the NOPC. Proposed Building The new office building proposed will be a 2- story, 60,000 square foot building. Approximately half of the space in the new building will be occupied by PGA of America with the balance made available to general commercial office tenants. The architecture proposed is similar to that of the existing PGA of America Office Building, with shared elements such as stucco finish, base building color and vertical fins. The walls will consist of Sherwin Williams Orange Blossom and off -white (color samples will be available at the meeting). All mechanical equipment will be rooftop mounted and screened by a 5'6" high parapet. The applicant is also proposing a sculpture at the entrance plaza of the new building. This site and sculpture must be reviewed by the Art Advisory Board, especially the proposed location, prior to final approval from City Council. In the rear of the proposed building, the applicant has designed a plaza area with trees and benches. A sample of the bench type is included in this report. Signs The applicant has shown two ground signs on the site plan. These will require approval from City Council at a later date since details are unknown at this time. Also, any signs on the proposed building will require separate approval from City Council. Details and sign locations for the building have not been provided. Landscaping The proposed landscape plan shows 66% of the landscape area as sod, which requires a waiver (40% is the limit). City Forester Mark Hendrickson recommends approval of the sod waiver. Mr. Hendrickson has reviewed the revised plans and has offered three conditions of approval. These conditions involve obtaining approval of the landscaping plan from the POA before the first C.O., installing the berm and buffer landscaping prior to construction of the 2 -story building, and ensuring that the proposed sidewalk out to PGA Blvd is built in conformance with engineering and FDOT standards. Agenda Cover Memorandum November 18, 1999 Page 4 of 9 Surrounding Neighbors Two citizens from the Thurston Homeowners Association were concerned with the proposed landscape buffer along the western boundary of the site. They have requested 100% screening of the proposed two -story building. The applicant believes that adequate screening has been provided. The berm is a 3:1 ratio and is continuous along the boundary. The proposed Oak trees in the buffer have also been increased in height from the 14' to 16' range to the 16' to 18' range. Engineering The Assistant City Engineer has reviewed the revised plans and has no further concerns (see LBF &H letter dated October 29, 1999) Parking Currently, the site has a parking shortage. There are 133 spaces on site while the code requires 165 spaces. The applicant is proposing to add 214 new spaces (for a total of 347) to coincide with the increase in square footage of the proposed 60,000 square foot building. The site will then meet the code requirements for parking spaces. The applicant is proposing to keep the existing offices open during construction. A narrative and detail plan has been provided to explain the parking phasing plan. Agenda Cover Memorandum Page 5 of 9 Review of Changes from Approved Site Plan TABLE 1 November 18, 1999 Lot Area -: 10.11 acres 10.11 acres - -- Gross Floor Area ' Headquarters: 44,000 s.f 104,000 s.f. + 54,505 s.f (52.4 %) Sales Center: 5,495 s.f. Total: 49,495 s.f. Bu�ldmg Lot ` Headquarters: 21,914 s.f. 51,914 s.f. + 24,505 s.f. (46.2 %) Coverage Sales Center: 5,495 s.f ' Total: 27,409 s.f. 162,313 s.f. (37 %) 229,459 s.f. (52 %) + 67,146 s.f. (22.9 %) 278,107 s.f. (63 %) 1 210,960 s.f. (48 %) I - 67,147 s.f. (- 24.1 %) Total - arking 133 spaces 347 spaces + 124 spaces (32.9 %) Spaces + 90 reserve spaces 223 spaces Loading Spaces 2 4 +2 Bicycle Spaces' 0 18 +18 CODE COMPLIANCE The applicant is requesting three waivers from the Land Development Regulations. These include: 1. Waiver from the number of loading spaces required. The code requires three loading spaces for the proposed 60,000 square foot building, while the applicant is proposing two. Two other loading spaces exist at the current PGA Headquarters building (as required by code). Based on the applicant's experience with office complexes and observation of the existing building, the applicant feels that four loading spaces will be sufficient. 2. Waiver from the number of flags located on site. The code only allows three flags on any site. The applicant wishes to retain the five poles and the logo in their present configuration. They also would like to retain the Agenda Cover Memorandum November 18, 1999 Page 6 of 9 two flags located in front of the current Headquarters (these will be slightly relocated). The applicant points out that the letter from the PGA Property Owners Association expressed a strong interest in the flagpoles remaining where they are. (See attached letter dated 11/6/98) 3. Waiver from Section 153.07(A), which requires that no more than 40% of the landscapeable area of commercial projects remain in sod. The applicant has indicated that because they have provided more than three times the required open space and due to the "golf course type" design of the site, this waiver should be considered for approval. Please see the attached waiver requests. Staff recommends approval of these requested waivers. SITE PLAN & APPEARANCE REVIEW COMMITTEE September 28, 1999 At the September 28, 1999 meeting, the Committee members discussed the following items: - The landscape buffer along the western property boundary should be more continuous and the slope of the proposed berm should be increased. - Consider including directional signage in the Avenue of the Champions traffic circle. - A credible effort towards providing a 100% landscape buffer along the western boundary should be made. - Consider toning down the proposed color Majorca Melon - The proposed sidewalk on Avenue of the Champions should extend out to PGA Blvd. - More internal sidewalks should be provided - Neighbors discussed the impact of the proposed building - All roof top equipment shall be screened. The applicant responded positively to a number of these concerns such as providing a continuous landscape buffer along the western property line, providing the requesting sidewalk connections and agreeing to screen all roof top equipment. October 26, 1999 At this meeting, the Committee members recommended approval with the following conditions: Prior to scheduling this petition before City Council, the applicant shall revise the landscape plan to show the light pole at the eastern end of the landscape island located to the west of the circular island. (City Engineer) SATISFIED 2. Prior to scheduling this petition before City Council, the applicant needs to demonstrate how the open space /landscape area will be drained (near the existing flagpoles). (City Engineer) SATISFIED Agenda Cover Memorandum November 18, 1999 Page 7 of 9 3. Prior to scheduling this petition before City Council, the applicant shall revise the proposed color "Majorca Melon" (SW2323) to "Orange Blossom" (SW2324). (Planning & Zoning) SATISFIED 4. Prior to scheduling this petition before City Council, the applicant shall provide a graphic depicting the construction parking plan. The graphic shall illustrate how the site will accommodate adequate parking spaces throughout the construction process. (Planning & Zoning) SATISFIED 5. Prior to scheduling this petition before City Council, the applicant shall revise the landscape plan to show Oak trees within the proposed berm on the west side of the site at a height of 16' to 18'. (Planning & Zoning) SATISFIED 6. Prior to constriction plan approval, the applicant shall submit a letter of authorization from the utility owner allowing landscaping and paving over existing utility easements. (City Engineer, City Forester) 7. Prior to construction of the vertical building structure, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. (City Forester) 8. The applicant shall ensure that adequate parking will be available for all employees during construction of the proposed office building. (Code Enforcement) 9. All roof -top mounted equipment shall be fully screened from the view of all public rights -of -way. (Code Enforcement) 10. The sidewalk along the west side of the Avenue of the Champions shall be extended to PGA Boulevard in conformance with engineering and FDOT standards. (City Engineer) 11. 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) 12. No medical uses shall be permitted on this site (Planning & Zoning, Code Enforcement) 13. No exterior building lighting shall be used on the west side of the proposed building. (Code Enforcement) The Site Plan & Appearance Review Committee also recommended approval of the requested waivers. Agenda Cover Memorandum November 18, 1999 Page 8 of 9 IV. RECOMMENDATION Staff recommends approval with the following conditions: 1. Prior to construction plan approval, the applicant shall submit a letter of authorization from the utility owner allowing landscaping and paving over existing utility easements. (City Engineer, City Forester) 2. Prior to construction plan approval, the applicant shall revise the site plan to include 8 (eight) handicapped parking spaces. (Development Compliance Officer) 3. Prior to construction of the vertical building structure, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. (City Forester) 4. The applicant shall ensure that adequate parking will be available for all employees during construction of the proposed office building. (Code Enforcement) 5. All roof -top mounted equipment shall be fully screened from the view of all public rights -of -way. (Code Enforcement) 6. The sidewalk along the west side of the Avenue of the Champions shall be extended to PGA Boulevard in conformance with engineering and FDOT standards. (City Engineer) 7. 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) 8. No medical uses shall be permitted on this site (Planning & Zoning, Code Enforcement) 9. No exterior building lighting shall be used on the west side of the proposed building. (Code Enforcement) Agenda Cover Memorandum Page 9 of 9 November 18, 1999 TABLE 2 EXISTING ZONING AND LAND USE DESIGNATIONS AND SITE ANALYSIS - PETITION SP -99 -10 EXISTING USE ZONING;: LAND USE Subject Property : Planned Community District Professional Office PGA of America Headquarers (PCD) (PO) & PGA National Sales Center Side Setback: 15' Yes North : Planned Community District Golf Lake tract abutting PGA Blvd (PCD) (G) South : Planned Community District Golf Golf Course (PCD) (G) East : Planned Community District Commercial Avenue of the Champions (PCD) (C) Traffic Circle West: Planned Community District Golf Lake tract & Golf Course (PCD) (G) CONSISTENCY WITH THE CODE & DEVELOPMENT ORDER Proposed Plan Code Requirement Consistent? Professional Office Professional Office Yes Front Setback: 140' Front Setback: 25' Yes Side Setback: 143' Side Setback: 15' Yes Rear Setback: 58' Rear Setback: 10' Yes Parking Spaces: 347 spaces Parking Spaces: 1 per 300 s.f. 104,000 s.f. / 300 s.f. = 347 spaces Yes Parking Dimensions: 10' x 18.5' Parking Dimensions: 10' x 18.5' Min. Yes Handicap Parking Req.: 8 Handicap Parking Provided: 7 No, applicant needs to revise site plan Building Height: 29'3" Building Height: 36' Max. Yes Building Lot Coverage: 20% Building Lot Coverage: 35% Max. Yes Open Space: 47.8% Open Space Required: 15% Yes Loading Spaces: 4 spaces Loading Spaces Required: 5 spaces Waiver requested Flags: 7 flags Limited to 3 flags per site Waiver requested 66% of landscaping is sod Landscaping limited to max 40% sod Waiver requested 11/12/99 RESOLUTION 145, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO RESOLUTION 93, 1979 BY AMENDING THE SITE PLAN TO ALLOW FOR THE ADDITION OF A 60,000 SQUARE FOOT OFFICE BUILDING AND THE DEMOLITION OF THE 5,495 SQUARE FOOT SALES CENTER, GENERALLY LOCATED WITHIN PGA NATIONAL ON THE WEST SIDE OF AVENUE OF THE CHAMPIONS, APPROXIMATELY '/4 MILE SOUTH OF ITS INTERSECTION WITH PGA BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, PGA Headquarters was originally approved pursuant to Resolution 93, 1979 as a Planned Unit Development; and WHEREAS, PGA Headquarters was subsequently amended by Resolution 67, 1989 and Resolution 33, 1986 which approved the sales center and abandoned the requirement for a PGA Hall of Fame; and WHEREAS, the City has received a petition from PGA of America to approve a site plan amendment to allow for the addition of a 60,000 square foot office building and the demolition of the existing sales center; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Land Development Regulations and consistent with the City's Comprehensive Plan; and WHEREAS, the City's Site Plan Appearance and Review Committee has recommended approval of the PGA Headquarters site plan amendment with several conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 93, 1979 amending the site plan for the addition of a 60,000 square foot office building at the PGA of America Headquarters Resolution 145, 1999 Page 2 of 4 located within PGA National on the west side of Avenue of the Champions, approximately'/ mile south of its intersection with PGA Boulevard. SECTION 2. Approval of the site plan amendment is based upon compliance with the following conditions of approval: 1. Prior to construction plan approval, the applicant shall submit a letter of authorization from the utility owner allowing landscaping and paving over existing utility easements. (City Engineer, City Forester) 2. Prior to construction plan approval, the applicant shall revise the site plan to include 8 (eight) handicapped parking spaces. (Development Compliance Officer) 3. Prior to issuance of first building permit, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. (City Forester) 4. The applicant shall submit a parking phasing schedule for staff approval, to ensure that adequate parking will be available for all employees during construction of the proposed office building. (Code Enforcement) 5. All roof -top mounted equipment shall be fully screened from the view of all public rights -of -way. (Code Enforcement) 6. The sidewalk along the west side of the Avenue of the Champions shall be extended to PGA Boulevard in conformance with engineering and FDOT standards. (City Engineer) 7. 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) 8. No medical uses shall be permitted on this site (Planning & Zoning, Code Enforcement) 9. No exterior building lighting shall be used on the west side of the proposed building. (Code Enforcement) Resolution 145, 1999 Page 3 of 4 SECTION 3. The following waivers are approved: 1. Waiver from Section 118 -569 "Number of loading spaces required ", which requires 3 loading spaces for businesses between 50,000 s.f. and 100,000, to allow 2 loading spaces for the proposed 60,000 s.f. building. 2. Waiver from Section 110 -2 "General regulations and restrictions and prohibitions ", which limits the number of flags and flag poles to three per site, to allow a total of seven flags. 3. Waiver from Section 98 -66 "Non- residential districts ", which limits the amount of sod in nonresidential districts to no more than 40% of the landscape area, to permit 66% of the landscape area to be sod. SECTION 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 1, 1999 Site Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.1. 2. November 1, 1999 Site Lighting Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.2. 3. November 1, 1999 Phasing Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 2.3. 4. November 1, 1999 First and Second Floor Plan by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 5. November 1, 1999 Exterior Elevations by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 4.1. 6. November 1, 1999 Roof Plan by by Alan Strassler Architects, Inc. and Ronald D. Schwab Design Architect, Sheet 3.1, 3.2. 7. May 25, 1999 Boundary Survey by Messier & Associates, Sheet 1. 8. October 29, 1999 Landscape Plan by Cotleur & Hearing, Sheets 1 & 2. SECTION 5. This Resolution shall be effective upon adoption. Resolution 145, 1999 Page 4 of 4 INTRODUCED, PASSED AND ADOPTED THIS 18'h DAY OF NOVEMBER 1999. ATTESTED BY: LINDA V. KOSIER, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK gAshort range\.sp9910.re2.doc ac/l JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ANDREW PINEIRO, CITY ATTORNEY AYE NAY ABSENT al ALAN STRASSLER ARCHITECTS;:. INC. LICENSE NUMBER AA0002432 8895 NORTH MILITARY TRAIL, SUITE 201 -D PALM BEACH GARDENS, FLORIDA 33410 561 - 627 -0336 FAX #561 -624 -0720 PGA National Headquarters Waiver Requests August 25, 1999 The applicant wishes to request waivers for the following items: 1. Loading spaces: Code requires three (3) loading spaces for the proposed building. Two (2) have been provided. The existing building has two (2) loading spaces and is in compliance with code. Based on our experience with office complexes and observation of the existing building we believe that the four (4) loading spaces, evenly distributed between the buildings, will be sufficient. 2. Flagpoles: Currently on site there are five (5) flagpoles adjacent to the PGA logo and two (2) flagpoles adjacent to the existing PGA Headquarters Building. These poles have been in place for approximately twenty (20) years. The applicant wishes to retain the five poles and logo in their present configuration. The two (2) poles at the Headquarters Building will remain_ substantially in their present position but will be slightly relocated to accommodate the new parking and vehicular circulation .layout. No new flagpoles are requested Attached is the conceptual approval letter from the PGA Property Owners Association dated November 6, 1998. Please note that item 5 expresses a strong interest in the PGA logo and flagpoles remaining undisturbed. We believe that granting these waivers will not in any way compromise the high aesthetic standards of PGA and the City of Palm Beach Gardens. 9040825.,02 PGA National Headquarters Waiver Request The applicant is request consideration for a waiver from Section 153.07 (A.) of the Land Development Regulations (LDR's). This provision of the "Landscape Code" Requires that no more than 40% of the landscapeable area of commercial projectsxemain in sod. The applicant believes that a waiver request is justified for the subject project based on the following factors. 1. Increased Open Space: The proposed project provides 47.8% open space, which is more than 3 times the minimum requirement of the code (15 %). The code would require a minimum of 1.5 acres of open space while the proposed plan supports 4.8 acres. The proposed plan provides more than 100% of the required opens pace in planting area. 2. Design Intent: The original design intent for the PGA Headquarters Building was for the to be building integrated into the site. The existing building was designed integral with the earth forms of the site creating a wonderful vista of the building, which represents the image "PGA ". The building from PGA Boulevard is viewed across a lake body and large expanse of lawn, which slopes gently up to the vertical architecture expression. Likewise in the front, along the Avenue of the Masters a large lawn area, back dropped with landscaping, sets the stage for the project signage, which is expressed in the form of landscaping. In conclusion we believe that allowing the applicant to provide greater than 40% sod results in a superior project consistent with the vision of the City of Palm Beach Gardens. �y of 4 B. Ga�ens X116 2� 1999 6RU`�N DEPARTMEtn Thurston Homeowners Association, Inc. 300 Avenue of the Champions Palm Beach Gardens, Fl. 33418 (561)625 -8588 October 24, 1999 Palm Beach Gardens Planning & Zoning Commission Re: P.G.A. of American/P.G.A. National Office Center Dear Commission Members: We have reviewed the revised proposed Landscaping Plan in connection with the P.G.A. National Office Center. Although we appreciate your concern for our residents, we feel that due to the impact of this project on our community, the proposed plan does not go far enough. We request that the height of the berm be increased and that more extensive landscaping be required in order to screen the view of the upper half of the proposed building. Thank you for your consideration. Very truly yours, Joseph Carbone-,President Board of Directors 41 PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEPHONE (561) 627 -2800 October 26, 1999 Roxanne Manning, Growth Management Director City Of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: City #99 -10 PGA of American Headquarters Dear Ms. Manning: In my absence for tonight's Planning and Zoning Meeting, I offer the following comments regarding the above referenced development application. FACSIMILE (561) 622 -6324 The PGA National Architectural Review Committee has met with the agent, Mr. Andrew Dietz, regarding the proposed site for PGA of America. While we are still reviewing their plans, it appears that they are attempting to meet our stated requirements. With emphasis on the Landscaping plan, it is our concern that these plans address to the highest extent engineeringly possible, the berm which will buffer the residents to the West and Southwest from the property line. This berm and related plantings should be constructed to the absolute maximum designable height. I've enclosed a copy of our letter dated September 23, 1999, to Mr. Andrew Dietz for your review. Please also review item #6 of that letter which references our desire not to have a sidewalk on the West side of Avenue of the Champions. A sidewalk would seriously disturb already existing landscaping. I Would- your sharing this letter with - members of °the- Planning-and Zoning Commission. Respectfully, Siro DeGasperis, President PGA Property Owners Association, Inc. Board of Governors SDG:las Enclosure PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEPHONE FACSIM (561) 627.2800 (S61) 622 September 23, 1999 Mr. Andrew Dietz 1555 Palm Beach Lakes Blvd #1100 West Palm Beach, FL 33401 RE: PGA POA ARCHITECTURAL REVIEW CITY #99 -10 PGA HEADQUARTERS Dear Mr. Dietz: The Architectural Review Committee of PGA Property Owners Association reviewed the above referenced Architectural plans on September 13, 1999 and have given conditional approval of the ARCHITECTURAL AND SITE PLAN submittal, provided that the following items are addressed: 1. Provide sample of "Majorca Yellow and Off White" colors specified for building exterior_ It should be understood that colors are not approved until the ARC has reviewed the color chips. 2. Application to City indicates a 4'6" parapet and the drawing shows 6' parapet wall. The POA ARC has requested that the parapet be Six Feet (69 or as necessary to screen all equipment from roads, golf courses and surrounding residences, primarily those to the west of the building. Upon construction of the building, if any roof top equipment is visible from these areas, the developer will be required to increase the parapet height to screen all equipment. 3. Please explain where personnel from the existing PGA National building will park during construction and how the view of the temporary parking areas will be screened from other residences and roads. 4. Easement to PGA POA for PGA Logo on berm and flagpoles to be prepared, granted and shown on Civil plans. 5. Dumpster Enclosure must be eight feet (8') tall and no chain link with slats is permitted. Chain Link fencing may be used, but must be camouflaged (with cedar or other planks). Landscaping to buffer dumpster is required. The ARC then met on September 23, 1999 to review the LANDSCAPE PLANS and have provided Conditional Performance Based Approval subject to the following: 1. Revise plans to show berm along western and southwestern boundary at maximum designable and maintainable height. 2. Plants on top of berm must include substantial number of "canopy" trees, in addition to specified palms, to adequately screen the upper portions of the building from residences to the west and southwest. Understory plantings shall be planted with enough density that within six (6) months of planting, building will be screened from view. 3_ All "gaps" in planting along western perimeter must be filled in so that there are no voids or gaps in the landscaping along the berm. Final design of the western perimeter must reflect the style and density at PGA of America's 'temporary parking lot' (ie: where no cars can be seen behind the landscaping). 4. PGA POA ARC must be contacted for approval upon completion of installation of the berm before commencement of any planting. Before refund of Landscape Deposit, POA ARC has the right for final inspection and approval of landscaping to ensure that the building is adequately screened from view along the western and southwestern perimeters, both upper and lower portions of the building. POA ARC shall have the right to require additional plantings along the west and southwest parts of the site, after all designed landscaping is installed, in order to provide thorough overall screening of the building and parking. 5. For the retaining wall at the northeast comer, provide one cross section at the narrowest point to insure. that no cars in parking lot are visible from Avenue of the Champions and PGA Blvd —6. POA ARC is opposed to sidewalks along Avenue of the Champions, both north and south of the entry to PGA Headquarters. 7. Add one additional tree per island (for a total of six trees in each separating island) to each of the three longitudinal parking islands at the parking lot in the southeast comer of the site. 8. Increase height of coco plums to a minimum height of thirty six inches (36 ") to screen the view of cars in the parking lots. 9. Redraw correct building footprint size on landscape plan. Presently, footprint appears to be eight feet (8') too small along some walls. It is understood that the above approvals are conditional and subject to PGA ARC's approval of the berm installation, adequate planting along the western and southwestern boundaries to obscure the building, as well as landscaping to hide cars in the northeast comer of the parking lot with the grade for the retaining wall in this area to be even with the top of the wall. Note: No signs have been reviewed or approved as part of this project. Any signage planned must be submitted to PGA ARC for approval of both location and style. Si re , J hn Metten, Director of Architectural Review and Compliance PGA Property Owners Association, Inc. JM /dl Cc: E. Llwyd Ecclestone Don Hearing, Cotleur & Hearing Angela Csini, City Planner Mark Hendrickson, City Forester David Porter, PGA POA AIA Consultant Buzz Jaskela, PGA POA Architectural Consultant FILE: PGAHdgtApprvl Cotleum Hearing Land Fionws Environmental Conwltonth October 14, 1999 Mr. Andrew Dietz ficclestone Organization Suite 1100 155 Palm Beach Lakes Boulevard West Palm Beach, FL 33401 Re: PGA Property Owners Association Architectural Review City Petition #99 -10 PGA Headquarters C of P.B. CH Project #99 -0205 Gardens OCT 18 1999 GROWTff Dear Andrew: MANAG MENT DEPARTMENT Pursuant to your request I have provided draft responses to the lands ated comments as stated in the POA's September 23, 1999 letter in connection referenced project. Please find below our response to each of the landscape ar tec fi tux-al items. Architectural and Site Plan: 5b) Additional landscape screening around the dumpster area has been provided. Landscape Plans: 1) As requested, the landscape development plans have been revised to provide a continuous berm along the west and southwest property boundary. The berm has been designed at a 3:1 slope to achieve the maximum sustainable height. The contour elevations as referenced to NGVD has been provided on the landscape plans, The landscaping plan has been coordinated with the project engineers to ensure that the appropriate drainage can be accommodated. 2) As requested, the landscape plans have been revised to provide additional canopy trees, subcanopy trees and upperstory palm trees to buffer the residents to the west and southwest. Additionally, the understory plantings have been modified to Maplewood. P o�css 00911 Gent 1934 Co nmefop,loft - $uily i Jt,p'�ier, E�orido 33,458 Uc.* IP C000239 561.7d7.6336 FAX 561,70 -1377 Mr. Andrew Dietz PGA National Headquarters October 14, 1999 Page 2 ensure that the appropriate density is installed at the initial planting to substantially screen out the first floor elevation of the building within one growing season. 3) As requested, the gaps in the planting area and berm have been modified to provide a continuous bean and planting area along the west and southwestern perimeter of the property. The density of the landscaping will meet and exceed the density of plantings at the existing PGA of America temporary parking lot. 4) Andrew Dietz to respond 5) As requested, a cross section of the northeast corner of the parking lot along the Avenue of the Masters has been provided. The cross section clearly depicts that no cars within the parkin_ g lot will be visible from the Avenue of the Champions an PGA Boulevard- 6) The applicant appreciates the Property Owners Association support in opposing the sidewalk along the Avenue of the Champions extending to PGA Boulevard. Due to the emphasis currently being placed on completing the pedestrian conductivity and the comments of the Planning and Zoning Board, the applicant has agreed to provide additional sidewalks throughout the project and extending to PGA Boulevard along the Avenue of the Masters. 7) As requested, additional shade trees have been provided within the parking area at the southeast comer of the site. 8) As requested, the height of the Cocoplum hedge serving as a backdrop to the existing PGA landscape sign and flags has been increased to a minimum of 36 inches at the time of planting. 9) The building footprint for the proposed building has been modified to be consistent with the site, architectural and engineering plans. in ly s, onal ca ing 10- 1.1 r °� DK:nt CO3 City of P.B. Gardens OCT 18 Im C GROWTVI MANAGEMENT DEPARTMENT PGA PRvrERTY OWNERS ASSOCUi SUN, INC. Shoppea On The Omen 7100 Fai -Mar Drive, Suite 29 Palm Beach Gardena, Florida 33418 res tolaE FAC3A KE 361) 627-M (561) 61-6314 November 6, 1998 Mr. Ronald Schwab ; 225 Southern Blvd., Suite 102 West Palm Beach, FL 33405 Re: Architectural Review — PGA Office Center Dear Mr. Schwab: The PGA Architectural Review Committee, at its meeting of November 5, 1998, reviewed the referenced request. It is the decision of the Coma_ ttee to conceptually approve the request with the following conditions: 1. The existing landscaping that buffers the parking lots from Avenue of the Champion must remain. 2. In the area where existing landscaping is to be remove to make PGA of America building more visible, continue the berm and add a low hedge in order to screen the parking lot, (see marked up drawings returned to you). 3. Need clarification of proposed parking area in the north east corner of the existing PGA of America building.. Committee recommends cutting into existing grade and installing a retaining wall (see drawings returned to you). 4. Committee will require a wall of vegetation on the western perimeter of the property to screen the building and parking from Thurston homes. 5. Developer will need to provide an easement to the PGA POA where PGA logo and flagpoles are located so they remain intact. Sincerely, Hat Beard Director of Architectural Review & Compliance &bfh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM Of P.B.G. TO: Angela Csinsi NOV 1 1999 F`I_ANNING FROM: Sean C. Donahue�c.✓� & 1o!�ING DATE: October 29, 1999 SUBJECT: PGA National Office Center LBFH File No. 994074 PBG File No. SP -99 -10 We have reviewed the 8.5 "xl 1" revisions to the Site Plan and Elevations sheet by Alan Strassler Architects, Inc., and the revisions to the Landscape Plans by Cotleur & Hearing received October 27, 1999. We offer the following comments: 1. Previously Satisfied. 2. Previously Satisfied. 3. Previously Satisfied. 4. Conditionally Satisfied. A waiver to allow two loading spaces instead of three has been submitted to the City by the applicant for approval. 5. Previously Satisfied. 6. Previously Satisfied. 7. Previously Satisfied. 8. Previously Satisfied. 9. Previously Satisfied. 10. Satisfied. A light pole was added to the eastern end of the landscape island located to the west of the circular island on the landscape plan. 11. Previously Satisfied. 12. Previously Satisfied. 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE PGA National Office Center Page 2 13. Previously Satisfied. 14. Previously Satisfied. 15. Previously Satisfied. 16. Satisfied. The applicant has shown how the open space/landscape area will be drained (near the existing flagpoles): 17. Previously Satisfied. 18. Satisfied. Per telephone conversations, the Seacoast Utility Authority will issue the letter of authorization prior to the Certificate of Occupancy. 19. Previously Satisfied. 20. Previously Satisfied. 21. Previously Satisfied. We have no further engineering concerns. SCD /sl cc: Jack Hanson Roxanne Manning Bahareh Keshavarz P:\PRO)ECrS\PBGMEMO \4074 \4074i.doc ALAN STRASSLER ARCHITECTS, INC. LICENSE NUMBER AA0002432 8895 NORTH MILITARY TRAIL, SUITE 201 -D PALM BEACH GARDENS, FLORIDA 33410 561 - 627 -0336 FAX #561 - 624 -0720 CONSTRUCTION SEQUENCE SP -99 -10 -PGA HEADQUARTERS October 26, 1999 Construct majority of berm and install landscaping along western and southwestern perimeter of the site. 2. Locate construction trailers in existing temporary gravel surface parking area. Approximately 12 employee spaces will be displaced and relocated to locations noted in paragraphs 3 and 4 below. Contractor parking will be confined to this area and to area adjacent to new building construction site noted in paragraph 5 below. On busiest days this area is never more than half full. Construct 10 temporary employee spaces at northeast corner of site. Retaining wall will be required. 4. Construct 35 temporary employee spaces around existing Sales Center Building. Including existing 42 spaces currently serving Sales Center, 77 spaces will be located in this area. 5. Build new 60,000 square foot building. 6. Relocate tenants from Sales Center to new building and demolish Sales Center. 7. Build new parking areas to the east, north and northwest of the new building in several phases maintaining a minimum of 77 spaces in operation at all times. 189 spaces will result. At this stage, new building is occupied only by tenants of the former Sales Center. Relocate all employee parking from existing spaces to 189 new spaces. 9. Construct remainder of 347 proposed spaces. 10. Occupy new building. 9041026.N01 Memo to File From: Mark Hendrickson, City Forester /yj /1,v1 Subject: SP- 99 -10, PGA Headquarters Office Building Date: October 21, 1999 I have reviewed the revised plans submitted October 13, 1999, based on the comments from the pervious SP &ARC meeting, and have the following comments for the October 26 1999 SP &ARC meeting: All of the SP &ARC landscape issues have addressed. It is my opinion that the new building will substantially be screened from the western residential community, but will not be 100% screen at planting. Based on the September 23, 1999 PGA POA letter from Mr. John Metten, I recommend the following condition of approval: 1. The City shall require of the petitioner additional plantings, if necessary, along the western and southwestern perimeters, with the cooperation of the PGA POA ARC, in order to provide thorough overall screening of the building and parking from the residential homes. 2. Prior to construction of the vertical building structure, the berm and buffer landscaping associated with the western and southwestern perimeters shall be installed. 3. The sidewalk along west side of the Avenue of the Champions shall be extended to PGA Boulevard acceptable to the City. RIB PATTERN BENCH The wide, coated bands of the rib pattern with the overall contour Md-M shape make sitting pleasant This fashionable design is sure to satisfy bench. Add to that I- r -'r yl those looking for both comfort and style in the same r•7r r•nur the virtually maintenance-free use of the cast aluminum frames (legs COare both portable and surface mountable). Showcasing our new vast ''�ttaatl�'I���itaatt�"I aaaaarrraarrrararr��rrar ahuminum frames Is aadting. These castings provide not only an Aaftne (9) level of corrosion resistance but also the strength to endure any type of use. All slaw are available with or without backs and with add-on lengths. The colors on page 158 enhance the appearance of this bend. Model Description Wgt. Price Model Description Wgt. Price 814520 4' Bench 140 lbs. $480.00 814525 6' Bench 186 lbs. $589.00 814521 4 Add-On Bench 120 Dr. 360.00 814526 6' A dd-On Bench 166 lbs. 469.00 8MW 4' Bench w/o back 117 lbs. ' 435.00 — >ffA527 6' Bench w/o back 157 tbs. 535.00 099 4' Add-On Bench w/o bade 102 lbs. 328.00 ER4528 6' Add-On Bench w/o bade 142 lbs. 427.00 When connecting add-on benches you cannot use benches with back and ' When connecting add -one benches you cannot use benches with back and connect to benches without backs. connect to tenches without backs. r -Shur _ Md-M I- r -'r yl r -41 IX _ r•7r r•nur �!'IIII�I�il`l!�IIIIII''1 ''�ttaatl�'I���itaatt�"I aaaaarrraarrrararr��rrar fiR�} U3 0 z 8 4 03 " a o IAA a m s m 0 z co `.1 M-7 1i. , v� r i Co o � all !/ \ Q p i r \ r `\ runt 1 \\ �° - -- , p• -- — , \\ it 9.<<``• \ Vr \ 111 V'w � o 0 i I \ \I \ o i \ /' I� o U) a z per z� �14 03 co 00 as gut 2R Zz z Q Q F- U CO oe rr7 0-1 1; SS Ijii�iEE Af 91 '� m mm4 ° � / D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 1999 Date Prepared:. November 18, 1999 Appointment of one (1) Regular Member and one (1) Alternate Member to the Planning and Zoning Commission Subject /Agenda Item Consider a motion to approve Resolution 146,1999, inserting the name Dorothy_ Williams in Section 1 and inserting the name Barry Present in Section 2. Recommendation/Motion: Reviewed by: Originating Dept.: Administration City Attorney Finance ACM Human Res. Other Advertised: Date: Costs: S Paper: [ X 1 Not Required Affected parties [ X J Notified f 1 Not required Submitted by /—J' Approved by: City Manager Costs: S Council Action: Total ( J Approved S Current FY [ ] Approved w /conditions [ ] Denied Funding Source: Continued to: Attachments: [ ] Operating Resolution 146, 1999 [ ] Other List of Current Members Resignation Letters List of Applicants Copies of Applications Budget Acct. #:: ( ) None BACKGROUND: Two members on the Planning and Zoning Commission have resigned: Joseph B. Love and Diane Carlino. Council Liaison Carl Sabatello, Chairperson Joel Channing and Staff Liaison Roxanne Manning have reviewed the applications on file in the City Clerk's office, and recommend that the City Council approve the appointment of Dorothy Williams as a regular member and Barry Present as an alternate member. Staff recommends that the City Council approve Resolution 146, 1999, inserting the name Dorothy Williams in Section 1, which term of office shall expire February 1, 2000 and Barry Present in Section 2, which term of office shall expire February 1, 2001. November 1, 1999 RESOLUTION 146, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) REGULAR MEMBER AND ONE (1) ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -157 of the Palm Beach Gardens Code of Ordinances provides for appointment of members to the Planning and Zoning Commission, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 2 -157 of the Palm Beach Gardens Code, is hereby appointed as a regular member of the Planning and Zoning Commission to fill the unexpired term of Diane Carlino, which shall expire on February 1, 2000. Section 2. Pursuant to Section 2 -157 of the Palm Beach Gardens Code, is hereby appointed as an alternate member of the Planning and Zoning Commission to fill the unexpired term of Joseph Love, which shall expired on February 1, 2001. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER 1999. JOSEPH R. RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT yq" 4016Ad CURRENT MEMBERS PLANNING & ZONING COMMISSION (7 Regular Members — 2 Year Terms) (2 Alternate Members — 2 Year Terms) MEMBERS PHONE NUMBERS TERM EXPIRES DATE APPOINTED Joel Channing, Chair H: 691 -9933 2/1/2000 3/20/97 59 St. George Place 33418 W: 630 -8630 Diane M. Carlino H: 627 -4824 2/1/2000 4/2/92 9230 Cypress Hollow Drive 33418 John Glidden, Pro Tent H: 627 -4455 2/1/2000 9/1/94 8 Huntly Circle 33418 W: 684 -6841 John F. Nedvins, Vice Chair H: 627 -4942 2/1/2001 7/18/96 10266 Allamanda Circle 33410 W: 655 -4441 Dennis M. Solomon H: 626 -7218 2/1/2001 1/8/98 217 Old Meadow Way 33418 W: 687 -3177 Ted Rauch, Alternate H: 775 -1782 2/1/2001 123/3/98 1097 Roble Way 33410 W: 684 -3700 Daniel Lee Cruz H: 776 -1542 2/1/2001 12/3/98 11622 Hackberry Street 33410 W: 233 -0258 Craig Kunkle, Jr. H: 622 -0154 2/1/2001 5/6/99 27 Cambria Road West 33418 W: 575 -7792 Joseph B. Love, Jr., Alternate H: 627 -5359 2/1/2001 5/6/99 2615 Prosperity Oaks Court 33410 W: t t - /30 Carl Sabatello, Council Liaison Roxanne Manning, Staff Liaison p &zmembers.doc 05/11/99 AUi; 6 August 4, 1999 Cindy Harvey, Administrative Assistant to City Manager City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 Dear Cindy: After speaking with Carl Sabatello and Roxanne Manning, I have come to the decision that I need to resign from the Palm Beach Gardens Planning and Zoning Board. Over the last month I have been unable to attend two of the meetings due to conflicting business schedules, and it appears that this could be the normal routine for me. Over the last month my job has changed due to the sale of the Palm Beach Jai Alai, and it has required me to be out of town more frequently. This was not the case when I first took the appointment, so with reluctance I ask that you please except my resignation from the board. I appreciate all the help that the staff and the other council board members have given me during my tenure, which was short. I feel that this is the right decision considering the meetings that I would miss, and the resulting interruption it could cause to the board and staff. Again, I thank you for all your assistance. Joseph B. Love, Jr. Director, Governmental Affairs JBUItc cc: Carl Sabatello Roxanne Manning Investment Corporation of Palm Beach 1111 North Congress Avenue • West Palm Beach, Florida 33409 • (561) 683 -2222 • Fax (561) 471 -9114 hi to-22-99POI'l:06 Post Office Box 30536, Palm Beach Gardens, Florida 33420 -0536 (561)6264D676 (800)454-0676 Fox(561)626MM achievement @adelphia.net October 22, 1999 Roxanne M. Manning, Growth Management Director City of Palm Beach Gardens Planning & Zoning Department 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Dear Roxanne: I regret I must resign my position on the Palm Beach Gardens Planning and Zoning Board. My business is demanding more travel out of town and I am no longer able to consistently make the Tuesday night meetings. It has been a pleasure working with the staff these past seven years and I thank you for all the support and assistance you and they have provided. Please extend my appreciation to them. Sincerely, Diane Carlino cc: Joseph Russo, Mayor Carl Sabatello, Councilman, P &Z Board Liaison Joel Channing, P &Z Chairman City of Palm Beach Gardens PLANNING & ZONING COMMISSION APPLICANTS Date ,Application Applicant Phone Occupation/Background Applied Exp. Date Numbers 5/21/98 5/21/2000 David M. Shaw H: 694 -0134 Attorney p&z- app.lst 10/20/99 Tax Reduction Consultant Associate Planner, Broward County Government Owner, Baron Signs Mfg Retired Attorney Attorney (Also applied to Code Enforcement Board) Attorney Assistant Director, Solid Waste Authority Attorney Mortgage Loan Officer Attorney 8792 Citation Drive W: 833 -5600 Palm Beach Gardens 33418 9/16/98 9/16/2000 Edward A. Kearney H: 775 -9185 11 St. Giles Road W: 625 -1006 Palm Beach Gardens 33418 9/17/98 9/17/2000 John A. Ramos H: 622 -9139 4445 Hickory Drive W: 954-357 - Palm Beach Gardens 33418 6657 9/17/98 9/17/2000 Gerald Foland H: 627 -3643 5631 Whirlaway Road W: 863 -7446 Palm Beach Gardens 33418 10/14/98 10/14/2000 Martin Becker H: 624 -7134 5002 Lake Catherine Drive Palm Beach Gardens 33403 10/15/98 10/15/2000 Patricia Ann Ash H: 625 -0377 145 Monterey Pointe Drive W: 625 -0377 Palm Beach Gardens 33418 11/4/98 11/4/2000 Michael Winston H: 630 -6341 10245 Hunt Club Lane W: 659 -7070 Palm Beach Gardens 33418 11/5/98 11/5/2000 Brigham McCown H: 691 -0964 718 7th Lane Palm Beach Gardens 33418 11/6/98 11/6/2000 Patrick D. Carroll H: 630 -7525 49 Admirals Court W: 615 -4578 Palm Beach Gardens 33418 11/9/98 11/9/2000 Irwin R. Gilbert H: 625 -1905 205 Eagleton Lakes Blvd W: 655 -6022 Palm Beach Gardens 33418 11/9/98 11/9/2000 Sharon Deen H: 776 -3186 10240 Seagrape Way W: 842 -2277 Palm Beach Gardens 33418 11/12/98 11/12/98 Leonard G. Rubin H: 694 -2771 38 Princewood Lane W: 655 -0620 Palm Beach Gardens 33410 p&z- app.lst 10/20/99 Tax Reduction Consultant Associate Planner, Broward County Government Owner, Baron Signs Mfg Retired Attorney Attorney (Also applied to Code Enforcement Board) Attorney Assistant Director, Solid Waste Authority Attorney Mortgage Loan Officer Attorney 11/15/98 11/15/2000 Barry Present H: 630 -8171 Real Estate Specialist 372 -1 Prestwick Circle W. 682 -6845 Palm Beach Gardens 33418 11/21/98 11/21/2000 Anthony M. Ziaja H: 626 -1497 Architectural 4375 Daffodil Circle North W: 624 -0395 Palm Beach Gardens 33410 3/1/99 3/1/2001 Dorothy D. Williams H: 776 -8186 Administrator of BallenIsles 721 7th Terrace W: 625 -5720 Development Company Palm Beach Gardens 33418 6/7/99 6/7/2001 N. Lee Jebb H: 622 -2486 Background in law, real estate 11811 Avenue of PGA 1 -1 -D & property management Palm Beach Gardens 33418 6/9/99 6/9/2001 Richard Orman H: 775 -1952 Professor (Public 4203 Oak Street W: 622 -9300 Administration) Palm Beach Gardens 33418 8/31/99 8/31/2001 Jonathan D. Gerber H: 625 -8961 Attorney (Associate) 310 Timberwood Court W: 650 -8550 Palm Beach Gardens 33418 10/19/99 10/19/2001 Joseph Gallucci H: 561 -799- Chief Financial Officer 321 Eagleton Golf Drive 0670 (Retired) 33418 10/19/99 10/19/2000 Gerald R. Lilore H: 691 -9609 Teacher 1 Balfour Court 33418 p &z- app.lst !0/20/99 Mar -03 -99 01:30P BallenIsles Convn Assoc-## 5616252621 P_02 CITY OF PALM BEACH GARDENS APPLICATION FOR POSULONS ON ADVISORY BOARD(S) 'The City of Palm beach Gardens has several advisory/autonomous boards residents serve on ss volunteers. The following is a list afthe boards and a very brief synopsis of their responsibilities: Art Advisory Committee: Meets as needed (minimum once per month) to review planned projects and submittals of Art to determine compliance with the Arts in Public Places Ordinance. Beautification die Environmental Committee. Meets at 7:30 p.m. an the 2nd Wednesday of each month. This board makes recommendations to the City Council regarding the beautification of City property and the status of the environment throughout the City. Code Enforcement Bonr,d: Meets at 7 p=L on Mondays, when deemed necessary. This quasi-judicial board issues findings of fact and conclusions of law to bring certain violations to the City's Code in compliance. Education Advisory Board: Meets at 730 p-m. on the 2nd Wednesday ofeach month. This board makes rccorncnA -+*ens to the City Council conceming the needs and recommended steps to be taken to improve relationships and perfom ance of local schools. Planning & Zoning Board: Meets regularly a t 730 p.m- on the 2nd and 4th T ucsdays of each month This board is vested with the jurisdiction of making formal recommendations to the City Council on matters pertaining to land u!-gr- and is responsible for considering all site and appearance plans for new projects within the City. Recreation Advisory Board: Meets at 730 p.m. on the 1st Tuesday of each month. This board makes recommendations to the Council concerning the development, operation, maintenance. financing, etc_ of recreational acneniticslprograms. . Pension Bonds: Police, Firemen's and General Employees. These boards meet at various times, usually once a month or oacc every 3 months, and make decisions regarding pension fund investment portfolios and other pension management issues. If you arc willing to serve as a regular or alternate member of one or more of these boards., please complete the following application form and forward it to the City Cleric's Office, 10500 N. Military Trail. Palm Beach Gardens, Florida 33410. Please Print in Black In City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD(S) Board(s) Applied for_ Planning and Zoning Date: March 1, 1999 Narrte: Dorothv D. Williams Phone: H 776 -8186 W 695 -5790 Address: 721 7th Terrace Palm Beach GnvdPns _ vi Sri da 11A I R How long have you been a resident of Palm Beach Gardens? 2. years Palm Beach County 13 yrs Employer.Ballenlsles Dev. Company Position: Administrator o£ How Loner 9yrs New Construction and Modifications Please attach a resume to your application or use space below to surnmarize qualifications and experience acquired that wou be helpful to the Board(s) for which you are applying (ix, education, employment, participation in service organizations , clubs): Please see attached Signatttre Oct -26 -99 12:46P BallenIsles Cotioii Assoc ## 5616252621 P. 02 DOROTHY D. WILLLkmS 721 7di !erracx • Palm Beach Gardens, Florida 33418 561- 776 -8186. EXPERIENCE BALLENISL1:S DEVELOPMENT COMPANY Palm Beach Gardens, Florida Administrator New Construction and Modilicadons January 1995 - Present A voting member of the arrhil.CCLural review hoards for Ballerilsles Counlry Club. Assist in the development of final decisions of the Ardtitectural Review Board, Review all applications for [he review of plans for lot development., additions and/or alterations, and accept. or reject such.applications based on dic Guidelines and conditions. Personally responsible: for reviewing and approving all landscape plans, hardscape, pool, fence, screen enclosure, site plans, surveys, ciiLry features, all exterior colors (roof, wall aiui tXIFYI) as related to the specific neighborhoods. Meet with homeowlicrs with regard to exterior modifications. Work closely with the builders. City agencies, constiluutts, arcliitecm plaruters, stilxxx ► tractors, stiperintenclents for the deVelopment and also including the llallctticics Community Association, Sales and Construction Deparuncnt. Brief owners. contractors, design and architect personriel or% procedures, review process, sit<- developmr.nt.:uul construction requircments. Liaison between Corruruttees, builders, homeowners and subcontractors. Administer they daily operations and ntaiittain all records and plans for all horvies tieing built. Responsible for any changes to the guidclilte requirements. Administer the Covenants and Architectural Guidelines_ Supervise and cc mlinate all construction dc:parttriertt. site inspectiuits. BALLI'NISLES 1. EVELOPMENI' COMPANY Patna Beach Gardens, Florida Atlutin i st rativc Assistant September 1989 - January 1995 ltrsporlsibtlittc,- Included the dally operaLlons of lite dove. .l()f)II1CIttk.orlstxtlCtton office. Met. with City agencies regardii-Ig the o.x-)rdhtation of dic tiling of all PUD's for twcnly- five neighborhoods N011 approxitru Lcly sixt.eert hundred 11<.me - -s at. build riti1.- Worked. closely with several consultants, architects, builders and interior designers for the project. C oordinatcd all mect.ings, prepared contracts, budgets, c•tr.. C;Ausi CROUP - Ma»c.hester, Vermont executive Assistant September 1979- Atil;usL 1986 Responsibilities included office. ritanaferricnt, supervision of constntctie)rt l)?rsottncl, interior design. and markoldilg for the lilst.uric renovation of t.lte 1r.<1ttirtox Hotel. This also included the casing of several retail and office fac:ililie.s. Worked closely with dic City, County and StaLC agene:ics including they gyve.rnor's office. 0ct -26 -99 12:46P BallenIsles Coiiuii Assoc ## 5616252621 P_03 EDUCATION • ML. Saint. Joseph Academy Rutland, Vermont 19613 • RUTLAND BUSINESS C01.1-WE 1970 • COMP- USA Computer "braining • Couu�uu�ily�sociati�rt 111stiLtjEC , Gold Coast Chapter of Ccmtinuing Education • Scheduled for the Florida Real Estate Sales artd Property Management Class in September 1999 Other work related experience: • A judge for the past. three years for the Sales and Markeiing (:o until of Collier Building Industry Association in Naples Florida, fur the annual Sand L)011ar Awards. 'nie'se ceme.te..d awards recognize cxeellonre in the building, development, landscape, interior design and rttarkrting in the building industry • .Assist.ed Lite Ballenlsics Sales 1.)eparunctit and fiallenlsles Buildnrs as a Hostess for ocighborhood and model openings • GuesL C Qlumnlst. for the Palm Beach Past. Real Lstatc. Section • Have «Titten articles for the BallcrtISles C'Onunurtity Association Nrwslat.er and Club Newsletter • Raised several diumand dollars for Junior Achievement. and Vnit.ed Way Interests and Hobbies: Volunteer work, tennis, skiing, golf References upon reclucsL CITY OF PALM BEACH GARDENS APPLICATION FOR POSITIONS ON ADVISORY BOARD(S) The City of Palm Bah Gardens has several advisory/autonomous boards residents serve on as volunteers. The following is a list of th boards and a very brief synopsis of their responsibilities: e Art Advisory Committee: Meets as needed (minimum once per month) to review planned projects and submittals of Art to determine compliance with the Arts in Public Places Ordinance. Beautification & Environmental Committee: Meets at 730 p.m. on the 2nd Wednesday of each month. This board makes recommendations to the City Council regarding the beautification of City property and the status of the environment throughout the City. Code Enforcement Board: Meets at 7 p.m. on Mondays, when deemed necessary. This quasi-judicial board issues findings of fact and conclusions of law to bring certain violations to the City's Code in compliance. Education Advisory Board: Meets at 730 p.m. on the 2nd Wednesday of each month. This board makes recomendations to the City Council concerning the needs and recommended steps to be taken to improve relationships and performance of local schools. Planning & Zoning Board: Meets regularly at 730 p.m. on the 2nd and 4th Tuesdays of each month. This board is vested with the jurisdiction of making formal recommendations to the City Council on matters pertaining to land usage, and is responsible for considering all site and appearance plans for new projects within the City. Recreation Advisory Board: Meets at 730 p.m. on the 1st Tuesday of each month. This board makes recommendations to the Council concerning the development, operation, maintenance, financing, etc. of recreational amenities /programs. Pension Boards: Police, Firemen's and General Employees. These boards meet at various times, usually once a month or once every 3 months, and make decisions regarding pension fund investment portfolios and other pension management issues. If you are willing to serve as a regular or alternate member of one or more of these boards, please complete the following application form and forward it to the City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Please Print in Black Ink City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD(S) Board(s) Applied for. P1_,g1v")/446 9t. zO W) N G Date: /VOI/. /.S /99 $ Name: RA RR t4 PR i-5 EN ?" Phone: H430-P7/ W ,GAR, 4? P S' Address: a 7,2—/ DYA,,J egA('ti m51 FL 33 V./P " How long have you been a resident of Palm Beach Gardens? /D c�J Palm Beach County?�9t4Pq. Employer �5lsr FLorzip,A 6V.4-FM i11 � asfai osition: /PM2, s-rA1-t �p�u,e Ls- How Long ? 3-ceS Please attach a.resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying (i.e., education, employment, participation in service organizations or clubs): Se.-- Arr.AL la s n Signature . &X444 tit/ on— V Barry I. Present 372 -1 Prestwick Circle Palm Beach Gardens, FL 33418 (561) 630 -8171 Executive experienced in sales and marketing management, strategic business planning and negotiating who secured a $21 million contract, purchasing over 36,000 acres — one of the largest transactions in District's history. Negotiated and closed deal, overcoming local barriers and identifying `common ground." Industry leader with a history of versatile real estate and land development management experience. II Divested $50 million varied real estate portfolio. rl Led 6-9 month government process for land purchases including survey, environmental and appraisal. II Improved bottom line by quickly evaluating and divesting foreclosure property. II Built reputation in industry by activating stagnant projects or developing solutions at problem stages. Simultaneously manages various stages of several deals ranging in acreage and transaction value. II Generated $25+ million in,apnual sales as key member of 3- person sales force. 11 Managed sale of 20+ troubled properties monthly in 30 states including single - family homes, apartments and retail centers. Natural communicator and motivator skilled in leading multi - disciplinary teams toward common goals. IT Skilled in governmental practices and presenting to local councils and commissioners. n Unites disparate groups including engineers, surveyors, title examiners, appraisers and brokers. II BS, Business Administration, Florida Atlantic University, 1971. rl Florida Real Estate Broker since 1977 • Graduate, Realtors Institute(GRI), 1985. II Continued education by completing numerous high-quality courses through CCIM and AIREA. n Membership Chairman/Director, Business Development Board of Palm Beach County, 1988 to 1991. Professional Experience SOUTH FLORIDA WATER MANAGEMENT DISTRICT, West Palm Beach, FL 1995 to Present Senior Professional - Acquisitions • Manages purchase of property primarily for state's land preservation and/or restoration purposes. • Directs/closes large deals based on extensive industry experience and proven negotiating abilities. ❑ Consistently identifies, evaluates, values and negotiates cost - effective contracts and terms. BERKELEY FEDERAL BANK AND TRUST, West Palm Beach, FL 1994 to 1995 Senior Real Estate Owned (REO) Sales Manager ❑ Divested foreclosure real estate, working with brokers nationwide to prepare property for market. ❑ Monitored and attended a 100+ properties in remote locations nationwide. ATLANTIC GULF COMMUNITIES CORPORATION, Miami, FL 1991 to 1993 Director of Commerical Operations, Atlantic Gulf Realty, Inc./Vice President, Broker ❑ Designed/implemented aggressive sales and marketing program for diversture of selected assets. JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION, Palm Beach Gardens, FL 1973 to 1991 Positions included Director of Real Estate Sales, Sales/Marketing Manager, Project Director ❑ Designed 5 -year program to divest $50 million real estate portfolio with 130+ individual transactions consisting of a wide range of properties. ❑ Experienced all facets of real estate through various management/marketing positions. ❑ Led project dividing a 500 -acre property into 324 1-acre home sites. Managed project, developed marketing plan and led 1981 Parade of Homes. 11 Developed marketing plan resulting in sale of 75 luxury condominium units. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Subject/Agenda Item: Consent Agenda - Resolution 147, 1999 Authorization to Submit an Application for an FEC Railroad Crossing at Kyoto Gardens Drive Recommendation /Motion: Staff recommends approval of Resolution 147, 1999. 'Ravle%"4 by, Q�Q Originating Dept.: Costs: $_0 Council Action: CI Attome ! L .. tY Y Planning and Zoning Total [ ] Approved Division Other_ NIA $ 0 [ ] Approved w /conditions ___ __._ Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Submitted by: b� x� Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The `PGA Flyover' project includes the re- location of the current at -grade rail crossing from PGA Boulevard to Kyoto Gardens Drive. FDOT now states that the railroad crossing is not a component of the flyover project and that it will be a city /developer improvement, if desired. While staff works with FDOT to get the crossing included in the flyover project, we are desiring to move ahead with an alternative - seeking approval of the railroad crossing and moving forward with the improvement, ahead of the flyover construction. Municipalities must request approval of a railroad crossing, a developer alone cannot undertake the initiative. Therefore, staff recommends that the City, in conjunction with Catalfumo Construction Company, submit an application for consideration by FDOT and FEC. Proposal: A railroad crossing at Kyoto Gardens Drive is consistent with the City Center Overlay 'Linkages' and the proposed modification to the Conceptual Thoroughfare Plan. The crossing will allow east -west travel without the need to utilize the PGA Flyover. By requesting the crossing at this stage in the flyover's schedule, it is hoped that approval can be gained, construction completed, and the new east - west local roadway opened to provide a means to avoid the flyover construction. Staff will still be seeking the inclusion of this crossing as a component of the flyover project, however, the adjacent property owner - PGA North, Ltd - who is seeking development approval on Parcel 5A (the property at the northwest quadrant of PGA/SR811), desires the City's assistance in assuring that the crossing will be permitted and available to serve the proposed development. Desired Action: Staff desires Council's authorization to submit a railroad crossing application to FDOT /FEC for consideration and approval. November 8, 1999 RESOLUTION 147, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING A RAILROAD CROSSING AT KYOTO GARDENS DRIVE/ STATE ROAD 811; AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR SAID FLORIDA EAST COAST RAILROAD CROSSING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the PGA Boulevard/Alternate AIA (State Road 811) urban interchange design provides for a re- located railroad crossing at Kyoto Gardens Drive; and WHEREAS, the City desires said railroad crossing to replace the PGA Boulevard at- grade crossing; and WHEREAS, said crossing is necessary to implement the City's `linkages' plan and conceptual thoroughfare plan; and WHEREAS, the current property owner and proposed developer, PGA North, Ltd., has expressed the desire for said crossing and will assist the City in the permitting and construction processes. 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 supports the railroad crossing at Kyoto Gardens Drive /State Road 811 and authorizes the Interim City Manager to submit an application to the :Florida Department of Transportation. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF .1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BOW MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Resolution 147, 1999 Page 2 GAjwENS AVE Abyy MHO bib O it 11 d hl ------------------------------------ ld. - - - - - - - - - - - - - - - - -- - - - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 7 .0-0 RAILROAD GRADE CROSSING APPLICATION RAIL _ 09-93 Pa9c I of z RAIL JOB NUMBER ROAD NAME OR NUMBER COUNTY NAINIE PARCEL & R/W NUMBER DOCKET NUMBER Kyoto CardpnR A. IDENTIFICATION: 1: AGENCY NAME: Submitted By: City Of Palm Beach Gardens Agent Title Telephone Address Application For: 1 n5nn n,. iur; i nary Tr( X ) Palm Beach Cardpns, FL 33410 -4693 CROSSING LOCATION: Closing a public at -grade rail /highway crossing by: ( ) roadway removal Opening a public at -grade rail/highway crossing by: ( ) new rail line construction ( X ) new roadway construction Jurisdiction for Street or Roadway by Authority of: (X ) City ( ) County ( ) State Local Popular Name of Street or Roadway: Kyoto Gardens Drive Railroad Company: Florida East Coast Railwav ('mmnanv Railroad Mile Post (Distance & Direction): 289 & 3172 Nearest Existing Grade Crossings - Each Direction: (1) 'o be closed (2) South Map ( X ) Attached Direction Distance FDOT /AAR Crossing Number North Fi ?71 Hg9d -Road "„ �oo� a ,�.. •aa 288 u 4LJV, GIZ_- )UV —lJ North 1181 PGA Blvd MP289 & 4353, 272381 -R 3413 RCA Blvd MP290 & 1305, 272382 -X ( ) Mailed Separate C. CROSSING SURFACE INSTALLATION: Roadway Traffic Volume (ADT): ( ) Existing (-x ) Proposed 1 o : n n n _ Type Roadway: ( ) Existing (X ) Proposed A T anc Urban- Type Rail Line: ( ) Existing ( X ) Proposed - Number of Trains Per Day -.Passenger: Freight: 2 4 Speed of Trains - Pas: _ Fr: CQ_ Cost Estimate to Install Crossing: $ 11 n n n nn - Cost of Installation Charge to: (X ) Applicant ( ) Other Cost Estimate for Annual Maintenance: $ * - Cost of Annual Maintenance Charge to: ( ) Applicant ( ) Other * Crossing reconstruction every 5 to 7 years (Estimate) 1101000 = $22,000 5 1 1 0 000 =$1 5, 71 5 7 D. CROSSING SIGNAL INSTALLATION: Type: ( ) Flashing Lights ( x ) Cantilever Installation Performed by: ( ) Applicant Cost Estimate to Install Signals: $ a 9 1 a' n n n_ nn Cost of Installation Charge to: ( x ) Applicant Cost Estimate for Annual Maintenance:$ 2.4 F R nn Cost of Annual Maintenance Charge to: ( x ) Applicant E. PUBLIC HEARING: FORM 725-090 -66 RAIL. - 09.99 Page 2 d 2 ( x) Gates ( x ) Other p,.,i r,at ( ) Railroad ( ) Other ( ) Other ( ) Other Prior to the adoption of any rule or regulation for opening or closing at -grade public rail1highway crossings, if requested a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act. Will Applicant be Represented by Counsel at the Public Hearing? ( ) Yes (Complete Following) - ( ) No Attorney Name Attorney Telephone Attorney Address Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions, agreements, documents, etc.) SUBMITTED FOR THE AGENCY BY: Title - APPLICATION APPROVED FOR THE DEPARTMENT BY: Title - DATE: DATE: ATTACHMENTS: (List) REFERENCES: (Specific Legal Authority) 334.044 F.S., 120.57 F.S. (Law Implemented) 335.141 F.S. (Administrative Rule) 14- 46.003 D.O.T. (Procedure) 725- 080 -050 RECYCLED PAPER CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 8, 1999 Meeting Date: November 18, 1999 Subject/Agenda Item: Resolution 148, 1999, extending the existing franchise agreement with Adelphia Cable Communications. Recommendation/Motion: Staff recommends approval of Resolution 148, 1999. Reviewed by: Originating Dept.: Costs: $ NA Council Action: City Attorney Administration Dept. ( Total) [ ] Approved Finance $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Advertised: Other Funding Source: [ ] Continued to: Date: [ ] General Fund Submitted by: Paper: I [ ] Other I Attachments: Department Director [ X ] Not Required Affected parties Budget Acct. #: Approved by: [ ] Notified City Manager [ ] Not required [ ] None BACKGROUND: Negotiations of a new franchise agreement with Adelphia Cable Communications have been delayed while the City worked to update its cable regulations to meet the requirements of the Telecommunications Act of 1996. Although the original franchise agreement expired in 1997, it has been extended by the City Council under its existing terms. After some delays to work on an interlocal agreement with Palm Beach County, the City has now drafted a revised cable ordinance. This draft has been reviewed by staff and is now being reviewed by Adelphia. Once adopted by the City, this ordinance will become the basis for negotiating a franchise agreement. The latest extension is due to expire on December 21, 1999, therefore, it must again be extended. Resolution 148, 1999 proposes to extend the franchise agreement for an additional six -month period. Memorandum To: Carole Post Interim City Manager n �-� From: Richard Diamond, Assistant City Manager _S Subject: Resolution 148, 1999 -- Extending the Cable Television Franchise with Adelphia Communications. Date: November 8, 1999 As you know, staff has been working for some time to provide for a new franchise agreement with Adelphia Communications. The original cable franchise granted in 1967 expired in October 1997. Since that time, the franchise with Adelphia has been extended by the City Council under its existing terms while the City's consultants, Leibowitz & Associates, prepared draft regulations intended to meet the requirements of the Telecommunications Act of 1996. In addition, in an attempt to resolve a conflict over the use of rights -of -way, the City worked on an interlocal agreement with Palm Beach County until it was determined that an interlocal agreement could not address the conflict. The City has now completed the draft revisions to our cable regulations. This ordinance is intended to set out uniform terms and conditions under which franchise agreements with cable providers will be entered. The draft has been reviewed by city staff and is now being reviewed by Adelphia. Since the last extension approved by the City Council expires on December 21, 1999, it is again necessary to extend the existing franchise agreement. Resolution 148, 1999 proposes to extend the agreement for an additional six -month period to June 21, 2000. Staff recommends approval of Resolution 148,1999. RESOLUTION 148, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN EXTENSION OF THE CABLE FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS GRANTED PURSUANT TO RESOLUTION 22, 1967, AND EXTENDED BY RESOLUTION 110, 1997, RESOLUTION 9, 1998, RESOLUTION 70, 1998, RESOLUTION 143, 1998 AND RESOLUTION 64, 1999 PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the License Agreement entered into October 23, 1967, between Centel Cable and the City of Palm Beach Gardens, Florida, (hereinafter "CITY ") and amendments thereto, Adelphia Cable Communications (hereinafter "ADELPHIA ") currently operates a cable television system in the City of Palm Beach Gardens, Florida; WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. Section 521, et. Seq., the City may grant or renew a franchise to construct, operate and maintain a cable television system; WHEREAS, the existing franchise agreement between the City and Adelphia adopted pursuant to Resolution 22, 1967, expired as of October 23, 1997; WHEREAS, Resolution 110, 1997, Resolution 9, 1998, Resolution 70, 1998 and Resolution 143, 1998, and Resolution 64, 1999 extended the existing franchise agreement between the City and Adelphia until December 21, 1999. WHEREAS, the City will negotiate with Adelphia for renewal of its cable franchise agreement; however both parties agree that the renewal agreement will not be completed prior to December 21, 1999; and WHEREAS, in light of recent changes to the federal communications laws, the anticipated entry of competitive providers into the City, and rapid advances in technology, it is in the best interest of the citizens of Palm Beach Gardens, Florida, to extend the existing cable franchise agreement to provide additional time for negotiation of a renewal agreement with Adelphia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1, The above recitals are true and correct and incorporated herein by reference. RD002 11/10/99 Section 2, The Cable Franchise Agreement entered into on October 23, 1967, together with any approved amendments thereto, and the extensions provided for in Resolution 110, 1997, Resolution 8, 1998, Resolution 70, 1998, Resolution 143, 1998, and Resolution 64, 1999 is hereby amended to extend the current cable television franchise agreement to June 21, 2000. Section 3, All terms and conditions of the Adelphia cable television franchise renewal agreement, as finally adopted by the City, shall be deemed effective as of the date of expiration of the existing agreement. Section 4, This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DATE OF NOVEMBER, 1999. JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT RD002 11/10/99 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 18, 1999 Date Prepared:November 8, 1999 Subject /Agenda Item Employment Agreement between the City and Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Recommendation/Motion: Staff recommends ratification of Agreement between the City and Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. Reviewed by- Originating Dept.: Costs: $ Council Action: City Attorney U v s\ A Fire- Rescue Total [ ] Approved Finance $ [ ] Approved w/ ACM Current FY conditions [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] Operating Paper: [ ] Other Staff Report Submitted by: [ X ] Not Required Collective Bargaining Agreement Peter T. Bbrgel Department Head Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached Staff Report. OFFICE OF THE FIRE CHIEF INTER OFFICE MEMO DATE: November 8, 1999 TO: Carole Post, Interim City Manager FROM: Peter T. Bergel, Fire Chi RE: Ratification of Collective Bargaining Agreement Background Fire Rescue began negotiations with the IAFF in March 1999 for a new three- (3) year Collective Bargaining Agreement that expired on September 30, 1999. Historically, negotiations between the City and the IAFF have been conducted in the collective bargaining format. Contract negotiations began this year in the collective format and moved to the Interest Based or "Win -Win" format. Early on in negotiations both labor and management realized the process was not working and the bargaining environment was moving towards being hostile. It was at this time that we mutually agreed to receive training from the Federal Mediation and Conciliation Service (FMCS) in the Interest Based Bargaining format and try to resolve the conflict in a win -win environment. On June 30'h and July 1" FMCS conducted the interest based bargaining Training and we proceeded with bargaining in the new format. In the three (3) months that followed both labor and management worked cooperatively to negotiate a new agreement that benefited both sides. On October 7, 1999, the Council went into Executive Session to discuss the new Salary article, which deals with not only salaries but career development as well. Ultimately the Council approved the article and negotiations resumed to complete the contract. Subsequently additional bargaining sessions have been conducted to complete contract negotiations to address language concerns that existed in the prior contract. On November 5, 1999 contract negotiations were concluded and the contract has been provided to both sides for ratification. Discussion Staff has participated in this process from the very beginning and is confident that the interests of the City and the Department will be met by this contract. The major changes to the contract are in Salaries and the negotiation of the new Career Development Policy, which rewards education achievement with pay. There have been many language clarification changes that will eliminate contract interpretation Staff Report Page 2 issues that have arisen in the past. Additionally, both sides have negotiated more stringent requirements for promotions, the development of a random drug testing policy and the development of a Wellness Program that will ensure the highest quality of service delivery. Recommendation Staff recommends ratification of the Employment Agreement between the City and the Professional Firefighters /Paramedics of Palm Beach County, Local 2928, I.AFF, Inc. enc. cc: file RESOLUTION 149, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RATIFYING AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, IAFF, INC. EFFECTIVE 10/1/99 TO 9/30/02, INCLUSIVE; PROVIDING FOR AUTHORIZATION TO EXECUTE SAID AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Professional Firefighters/Paramedics of Palm Beach County, Inc., Local 2928, has ratified the attached employment agreement; and WHEREAS, the majority of members of the IAFF have voted in favor of ratification of the attached employment agreement. 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 ratifies, confirms and approves the Employment Agreement with the Professional Firefighters/Paramedics of Palm Beach County, Inc., Local 2928 as the bargaining unit and agent for certain firefighters employed by the City for the 1999/2000, 2000/2001, and 2001/2002 Fiscal Years; a copy of said Agreement is attached hereto as Exhibit A and made a part hereof as if fully set out herein. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said Employment Agreement. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall be effective October 1, 1999 through September 30, 2002. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1999. MAYOR JOSEPH R. RUSSO RESOLUTION 149, 1999 PAGE 2 OF 2 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT fl l COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS PROFESSIONAL FIRE FIGHTERS /PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928, IAFF, INC. OCTOBER 1, 1999 TO SEPTEMBER 30, 2002 ii TABLE OF CONTENTS Page ARTICLE 1 PREAMBLE .... ............................... 1 ARTICLE 2 RECOGNITION . ............................... 2 ARTICLE 3 DUES CHECKOFF .............................. 3 ARTICLE 4 LABOR MANAGEMENT COMMITTEE ................. 5 ARTICLE 5 DISCIPLINE AND DISCHARGE ................... 6- ARTICLE 6 GRIEVANCE AND ARBITRATION PROCEDURE........ 9 ARTICLE 7 MANAGEMENT RIGHTS AND PREROGATIVES......... 14 ARTICLE 8 UNION BUSINESS ............................. 15 ARTICLE 9 BULLETIN BOARDS ............................ 16 ARTICLE 10 STAFFING .... ............................... 17 ARTICLE 11 RULES AND REGULATIONS ...................... 19 ARTICLE 12 DOCUMENTS ... ............................... 20 ARTICLE 13 NO STRIKES .. ............................... 21 ARTICLE 14 PERSONNEL REDUCTION ........................ 22 ARTICLE 15 SENIORITY ... ............................... 23 ARTICLE 16 CALL BACK ... ............................... 25 ARTICLE 17 INSURANCE .. ............................... 26 ARTICLE 18 PROMOTIONS .. ............................... 28 ARTICLE 19 OVERTIME .... ............................... 36 ARTICLE 20 COLLEGE TUITION REIMBURSEMENT .............. 38 ARTICLE 21 TRAINING .... ............................... 44 ARTICLE 22 UNIFORMS .... ............................... 45 ARTICLE 23 DISABILITY LEAVE ........................... 46 ii ARTICLE 24 COMMUNICABLE DISEASES ...................... 50 ARTICLE 25 SAVINGS CLAUSE ..................... ...... 51 ARTICLE 26 SMOKE FREE FIRE SERVICE .................... 52 ARTICLE 27 VACATIONS ... ............................... 53 ARTICLE 28 SICK LEAVE .. ............................... 58 ARTICLE 29 EMERGENCY RELEASE .......................... 62 ARTICLE 30 HOLIDAYS .... ............................... 63 ARTICLE 31 BEREAVEMENT LEAVE .......................... 65 ARTICLE 32 LEAVE OF ABSENCE .......................... 66 ARTICLE 33 COURT LEAVE . ............................... 68 ARTICLE 34 EMPLOYEES BILL OF RIGHTS ................... 69 ARTICLE 35 STATION CONDITIONS ......................... 70 ARTICLE 36 LEGAL BENEFITS ............................. 71 ARTICLE 37 VOTING ...... ............................... 73 ARTICLE 38 DAMAGED EQUIPMENT .......................... 74 ARTICLE 39 PERSONNEL RECORDS .......................... 75 ARTICLE 40 SALARIES .... ............................... 76 ARTICLE 41 OUTSIDE ACTIVITIES ......................... 87 ARTICLE 42 WORK WEEK ... ............................... 89 ARTICLE 43 EXCHANGE OF TIME ........................... 90 ARTICLE 44 MEETING ROOMS ............................. 91 ARTICLE 45 ACCESS TO PREMISES ......................... 92 ARTICLE 46 JURY DUTY ... ............................... 93 ARTICLE 47 MILITARY RESERVE LEAVE ..................... 94 ARTICLE 48 PROBATIONARY PERIOD ........................ 97 iii ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY......... 98 ARTICLE 50 DURATION OF AGREEMENT ...................... 102 SIGNATURE PAGE ............................. 103 APPENDIX .... ............................... 104 iv ART I CT.F 1 PPY ABLE Section 1: This Agreement is entered into by and between the CITY OF PALM BEACH GARDENS, hereinafter referred to as the City, and the PROFESSIONAL FIREFIGHTERS /PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. (hereinafter referred to as the Union) . Section 2• It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union, to provide for equitable and peaceful adjustment of grievances which may arise, and to establish fair standards of wages, hours, and other terms and conditions of employment. Section 3: It is contemplated that this Agreement will serve the public interest by keeping costs at a reasonable level while maintaining the highest level of service, and a safe work environment by ensuring that members of the bargaining unit will, while on duty, make every reasonable effort to carry forward the department's legitimate activities and functions with alacrity and dispatch, and will accept and execute promptly all reasonable, lawful instructions given to them. 1 c ARTICLE 2 RECOGNITION The City recognizes the Union as the exclusive collective bargaining agent with respect to wages, hours and other terms or conditions of employment, for those employees included in the bargaining unit as agreed to by the parties as follows: INCLUDED: All certified and probationary Firefighters, Fire Inspectors,-Firemedics /Paramedics, Fire Lieutenants, Fire Captains and EMS Captains. EXCLUDED: Fire Chief, Deputy Fire Chief, Assistant Fire Chief /Fire Marshal, Commanders, Volunteers, Clerical employees, and all other employees of the City of Palm Beach Gardens. 2 Section 1• ARTICLE 3 DUES CHECKOFF Subject to the restrictions set forth in SS447.303, Florida Statutes, the Employer agrees to deduct from the pay of the employees in the bargaining unit who authorize such deduction by way of a written wage assignment, properly written and executed and delivered to the Employer, and to transmit to the Union, the amount of the union dues and assessments which are uniformly charged by the Union to all members of the unit. Section 2: The Employer shall be obliged to make no more than one deduction from any employee's pay with respect to any single calendar month. Section 3: The Employer shall deduct dues from the second check of the month. If the employee involved has insufficient pay coming to him /her with respect to that pay period to cover the full amount of dues and /or assessments charged, the Employer shall have no obligation with respect to that employee. Section 4: The Union agrees to indemnify the Employer, and hold it harmless, from and against any liability, real or asserted, of any kind of nature whatsoever, to any person or party, on account of the Employer's compliance or efforts to comply with this Article. Section 5: It shall be the Union's obligation to keep the Employer at all times informed, by certification of a responsible official of the Union, of the amount of the uniform dues and /or 3 assessments deductible from employee's pay, and the Employer will accept such certification and be entitled to rely upon its accuracy. Section 6: The Employer's monthly transmission of dues and assessments money to the Union will be accompanied by a list of names of employees affected, and the amount transmitted with regard to each, based on authorizations which continue in effect and are in the Employer's file. Section 7: The Employer will not deduct or transmit to the Union at any time any monies representing fines, fees or penalties. Section 8: The obligation to commence making deductions on account of any particular authorization shall become effective with respect to the calendar month following the month in which the authorization is received by the Employer. Section 9: The union agrees to pay up to $100.00 /yearly to the City for administrative costs to include changes which shall be offset during the first dues check in January of each year. 4 ARTICLE 4 LABOR MANAGEMENT COMMITTEE Section 1: There shall be a Labor Management Committee established to consist of: the Fire Chief and the Deputy Chief; two (2) members and one (1) alternate appointed by the IAFF; and the City Manager or his /her designee. The purpose of this committee shall be to meet and confer on health and safety issues and other concerns of a general nature and to make recommendations to the Chief concerning resolutions of such problems. The Committee shall determine its own rules of operation. Should the meeting occur during a participant's tour of duty, there shall be no loss of pay or benefits. Section 2: Committee meetings shall be held the second (2nd) Thursday of every month, excluding holidays. 5 ARTICT -V 5 DISCIPLINE AND DISCHARGE Section 1: During the first twelve (12) months of their employment with the City, all employees are considered to be probationary, meaning in part that they are subject to discipline, up to and including dismissal, without recourse to the grievance procedure. Section 2: The City recognizes the following types of disciplinary actions: a. Verbal warning b. Written reprimand C. Suspension without pay d. Demotion e. Combination of the above f. Discharge It is recognized that the type of discipline utilized may vary in each case depending on the employee's past work record, seniority, the severity of the conduct and other operational factors. Section 3: Employees who have successfully completed their initial probationary period may be disciplined or discharged for any of the following reasons. 1. Incompetency or inefficiency in the performance of duties. 2. Insubordination P 3. Refusal to fully and truthfully cooperate in an investigation related to the operation of the City conducted by or at the direction of the City. 4. Refusal to perform assigned work. S. Excessive absenteeism or tardiness. 6. Carelessness and /or negligence in the handling or control of City property, or the misappropriation of City property. 7. Discourteous, insulting, abusive or inflammatory language or conduct toward the public or a supervisor. 8. Absence from duty without authority, including refusal to report to duty on time. 9. Acceptance of a gift under circumstances from which it could reasonably be inferred that the employee had knowledge that the giver expected or hoped for preferred or favored treatment in an official or departmental /agency matter. 10. Unauthorized personal possession of firearms or possession of explosives while on duty on City property. 11. Improper racial or sexual comments, harassment or acts. 7 12. Loss or suspension of driver's license where driving is part of the employee's job. 13. Abuse of sick leave, or false claim of eligibility for such leave. Disciplinary action may be taken for just cause. Section 4: Any employee disciplined or discharged will be notified of the discipline or discharge in writing within ten (10) calendar days of the incident which prompted the action. Failure of management to inform the employee of impending discipline or discharge within the stipulated time frame may be_a factor in any just cause determination by an arbitrator. 0 ARTICLE 6 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: Grievances A grievance under this contract is any dispute, claim, or complaint concerning the interpretation or application of the terms of this Agreement. Every effort will be made by the parties to settle all grievances as soon as possible. Time limits set forth shall be strictly complied with, and can only be waived by written agreement of the parties (Union official, Chief, City Manager, or their designee). Step 1. All grievances should first be raised orally with the shift officer. Step 2. If the grievance is not resolved as a result of this oral communication, then the employee must take the grievance to the Chief, or Deputy Chief, in writing, within fourteen (14) calendar days of the event leading to the grievance, or when the employee knew or should have known of the occurrence leading to the grievance. The written grievance shall state the act or acts complained of, when the act or acts occurred, the identity of the employee or employees who claim to be aggrieved, the specific article(s)of the Agreement claimed to have been violated, and the remedy sought. The Chief or Deputy Chief shall meet with the employee and Union representative and thereafter provide an answer in writing to the employee and Union within seven (7)calendar days of receipt of the written grievance by the Chief or Deputy Chief. Step 3. Any grievance which cannot be resolved in Step 2 shall be taken up with the City Manager or his /her designee. Grievances shall be presented in writing to the City Manager within seven (7) calendar days of receipt of the Step 2 answer. After receiving the Step 3 appeal, the City Manager shall have seven (7) calendar days to provide an answer in writing to the employee and Union representative. Step 4. A grievance denied in Step 3 may proceed to final and binding arbitration. PC Mediation and Conciliation Service (FMCS) for a list of seven (7) qualified arbitrators, and from this list one shall be selected by process of elimination. The parties shall alternately strike names from the list. The moving party shall strike first. The arbitrator remaining after each party has three (3) strikes shall be named the arbitrator for the grievance. When a panel is received from the FMCS, either party may reject one complete panel of arbitrators provided the rejection is received by the FMCS and the other party within ten (10) days from the date on the FMCS panel. Section 6: Expedited Arbitration All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the Employer and the Union agree upon the following procedures for expedited cases. 1. The selection of an arbitrator must be completed within fourteen (14) calendar days of receipt of the list of arbitrators from FMCS. Failure to do so will bar the untimely party from submitting its preference or choice of an arbitrator. Each party shall be allowed to unilaterally reject one panel of arbitrators provided that the rejection of such a panel must be completed within five (5) calendar days of the receipt of the list by the rejecting party. 2. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) calendar days 11 thereafter, unless the arbitrator is unavailable within this thirty (30) day period. 3. Briefs, if any, must be filed with the arbitrator no later than fifteen (15) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. 4. The arbitrator must render an opinion within twenty (20) calendar days of receipt of the briefs. Section 7: Arbitration Hearing The party referring a grievance to arbitration shall have the obligation of going forward with its case before the other party shall be required to present its case except that in case of discharge or discipline, the Employer shall first present its case and carry the burden of proof. In the event that either party claims that a dispute is non - arbitrable, the arbitrator will rule on that issue and also on the merits of the grievance if it is determined to be arbitrable. Section 8: Power of Arbitration The arbitrator shall have no power to add to, subtract from, or modify in any way the terms of the Agreement. Section 9: Cost of Arbitration The cost of the arbitration shall be borne equally by the parties, except that each party shall pay the full cost of its own witness and investigation. Arbitration proceedings shall be reported by an official court reporter at the request of either party. The party requesting 12 the reporter shall pay the cost of same, or the parties may agree to split the cost. Section 10: Non- Mpmhers The Union reserves the right not to represent employees who are not members of the Union. Section 11: Notice to Union in Other Cases If an employee elects not to have Union representation, or if the Union elects not to represent an employee, the Employer shall, upon request, provide the Union with copies of all written documents pertaining to the proceedings and the Employer shall advise the Union of the final meeting to resolve the grievance and allow the Union to attend as a non - participatory member. 13 ARTICLE 7 MANAGEMENT RIGHTS AND PREROGATIVES Section 1• Employer expressly reserves and retains all rights and prerogatives it enjoyed prior to the execution of this contract, except that the exercise of such right shall not be in conflict with other provisions of this agreement. Section 2: Without limiting the general reservation of rights in Section 1, the Employer exclusively retains and reserves the rights to: exercise all rights normally exercised by employers and not expressly limited herein; select employees for hire; determine the duties required by employees in any classification; subcontract all or a part of its work or functions subject to the restrictions of Chapter 447.F.S; transfer, lay off, recall, and put employees on leave of absence status; determine the nature and extent of services that are to be performed; regulate the use of equipment and facilities; make and enforce reasonable work rules; discontinue.operations; and take such measures as management may consider to be reasonably necessary to the orderly, efficient and economical operation of the Department. 14 Section 1• ARTIGT.F 8 UNION BUSINESS The Employer will consider requests from bargaining unit members for time off to engage in Union business or activities on an individual basis, subject to the Employer's operating needs. Time off granted for such purposes shall be without pay; however, employees may utilize vacation, compensation time, or Union pool time for purposes of this section. Such permission shall not be unreasonably withheld. Section 2: It is expected that the investigation and processing of grievances, by the Union or steward, to the extent that the time of unit employees is required, will not occur during the work time of those involved. ( "Work time" is any time, exclusive of breaks or meal time, during the eight (8) hours for inspectors or twenty -four (24) hours for firefighters in a shift.) Section 3: The Employer will make its negotiators available to engage in any contract negotiations or bargaining sessions which relate to wages hours or terms or conditions of employment, which are mutually convenient to them and to the union's non - employee negotiators. The Employer will take into consideration, in responding to requests from negotiations, the work obligations of any employees whom the Union may wish to have present, and endeavor to agree to meetings during their off duty time. Employee's attendance at negotiating meetings during work time will be subject to the restrictions of Section 1. 15 ARTICLE 9 BULLETIN BOARDS The Employer agrees to set aside space in each station for a bulletin board to be provided by the Union for its use in informing its membership as to Union business. It is, however, agreed and understood that materials to be posted will be submitted to the Fire Chief for his review, and that materials which are not related to Union business, or which are factually inaccurate, may not be posted. 16 ARTICLE 10 STAFFING Section 1: Mini-11- Staffing - Staffing shall consist of a minimum of five (5) personnel per station, one of which will be the minimum rank of Fire Lieutenant or a qualified step -up and shall serve as the station officer. At no time shall the minimum number of officers on shift, excluding step -ups, be less than three (3) . A) No advanced life support engine shall go on an emergency response with less than two(2) state certified firefighter /EMT and one (1) state certified paramedic. B) No advanced life support rescue unit shall go on an emergency response with less than one (1) state certified firefighter /EMT and one (1) state certified paramedic. However, it is understood that under extraordinary circumstances, the Commanding Officer may order a vehicle out with one qualified operator assigned. Section 2: Working out of classification - All employees covered by this Collective Bargaining Agreement assigned to work in a higher classification shall receive assignment pay of five percent (5 %) of his /her base rate of pay for all hours worked in each assignment. The City shall not alter assignments to avoid out -of -class pay and the following guidelines shall apply: 1. In order to step into a higher classification the employee must be on the eligibility list for the position to which they are being temporarily assigned. 17 2. No employee shall be stepped up more than one position above their "current rank. 3. An employee working out of classification shall not serve in a dual role capacity on a fire suppression unit unless that unit is functioning in a non - emergency mode. (i.e., Driver and Officer at same time) This article shall not apply to any employee on light duty status. Section 3: The City and the Union agree to.form a committee to establish a Lead Medic Assignment Policy in which the goal will be to implement in January 2000. Until this policy is implemented the status quo will be maintained. Section 4: Non - paramedic employees assigned to work on an ALS Transport unit shall receive assignment pay of five percent (5°s) of his /her base rate of pay for all hours worked in that assignment. W ARTICLE 11 RULES AND REGULATIONS Section 1: The Employer retains its rights to make and enforce all reasonable rules and regulations concerning all aspects of employment relationship, so long as such rules and regulations do not conflict with some express provisions of this Agreement. Section 2: The City agrees to provide the Union with copies of revised and newly promulgated rules and regulations at least thirty (30) days prior to implementation unless both parties agree to an earlier implementation. 19 ARTICLE 12 DOCUMENTS The City agrees to provide one (1) copy of each of the following documents to the Union without charge: a) Administrative orders, regulations and personnel policies relating to bargaining unit employees. b) Revisions to the rules and regulations. 20 ARTICLE 13 NO STRIKES Section 1: The Union does not advocate any right of unit employees to strike, slowdown or otherwise hinder the Employer's operations, and agrees that such actions should be discouraged by strong contract language. Section 2: The parties are cognizant of all laws, regulations, directives and rules directed to the prevention of work stoppage or slowdowns by public employees in Florida. Section 3: The Employer shall have all rights and remedies provided to it in this Agreement and this Article, in addition to, and not in lieu of, all other rights and remedies injuring to its benefit from any source whatsoever. Section 4: The Union agrees that there shall not at any time be any strike, slowdown, work stoppage, hindrance or interface with work or operations, or any form of concerted refusal to work or cessation of work, by the Union or any employee in the bargaining unit, for any reason whatsoever, including but not limited to, violations or claimed violations of this Agreement, or unfair labor practices, claimed or actual. Section 5: The Employer will not engage in any lockout of employees, meaning a refusal to permit the unit employees as a group to work in aid of a bargaining position or in support of any Employer position as to wages, hours and working conditions. 21 ARTICLE 14 PERSONNEL REDUCTION Section 1: In the case of a personnel reduction in a classification, the employee with the least departmental seniority shall be laid off first. The employee may bump to another classification by departmental seniority. Section 2: Employees who are laid off shall be recalled in the reverse order in which they were laid off (last laid off, first recalled). Employees on layoff shall be offered recall before new employees are hired. Section 3: Employees who are laid off shall, at the employee's option, be paid for all accrued leaves as if he /she had resigned or retired in good standing. 22 ARTICLE 15 SENIORITY Section 1: Seniority shall be defined as Departmental Seniority and Seniority by position. A) H Departmental Seniority is defined as the total length of continuous service in the City's Fire Rescue Department computed from the date of last hire. Employees with the same date of hire shall have their seniority determined by their date of application with the Fire Rescue Department. If the date of hire and application date is the same for employees, then seniority will be determined by alphabetical order of the employee's last name. Seniority by position is defined as the total length of time in a given position, which is based on the date the employee is protocol certified and /or promoted into a given position as set forth on the employee's Personnel Action Form (PAF). Employees who are promoted to the same position at the same time will have seniority by position determined by departmental seniority. Section 2: Probationary Period New employees and those hired after a break in service shall, for the first twelve (12) months, be regarded as probationary employees.. Employees remaining in the employ of the City after completing probation will receive seniority from the date of hire. Section 3: Termination of Seniority All seniority shall terminate if an employee: 23 ARTICLE 16 CALL BACK Section 1: Any employee called back to work shall be paid for the actual time worked at a rate of time and one half (1 -1/2) the employee's straight time rate of pay in one quarter (1/4) hour increments. An employee shall receive a minimum of three (3) hours call back pay. Section 2: It shall be the sole responsibility of the City to maintain the overtime records; and such records shall be made available for review upon request. 25 Section 1• ARTICLE 17 INSURANCE The City shall continue providing insurance coverage at no cost to employees. Section 2: Employees who elect to maintain dependent coverage will contribute a portion of the actual cost of said coverage, not to exceed the maximum of $140.00 /month for Fiscal Year 1999/2000; the maximum of $160.00 /month for Fiscal year 2000/2001; the maximum of $180.00 /month for the Fiscal year 2001/2002. The unit employees will contribute the same percentage toward the cost of dependent coverage that other non= management City employees are required to pay. Section 3: If any other non - management City employees are not required to pay the dependent coverage referred to in Section 2, then the bargaining unit employees shall not pay for such coverage and shall be reimbursed for any such payments made if it is determined that other non - management City employees have not been required to pay for dependent coverage or have paid a lesser amount. Section 4: In the event of a possible reduction in benefits, the City shall immediately give the Union notice and an opportunity to re -open the Article for negotiations prior to implementation of any changes resulting in a reduction in benefits. MP Section 5: The City agrees to provide the Union with the following: 1) A copy of RFP's 2) Response to RFP's 3) Price quotes 4) Analysis of responses to RFP's 27 ARTICLE 18 PROMOTIONS Section 1: Filling of Vacancies A) In the filling of vacancies, which involve hiring new employees, the Employer shall contract to an outside agency to give a general education written test and a physical agility test to all qualified applicants. A roster of prospective employees shall be made based on the results of the tests. This roster shall be maintained for one (1) year or until the list is exhausted. Once the decision to hire an applicant has been made, all pertinent information supplied on the application should be- verified and a background check should be completed. B) It is agreed by the parties that a position in the Fire Rescue Department is a position of vital importance to the citizens of the City and shall, therefore, be filled within ninety (90) days from the date that it would be declared vacant by the City due to expansion, termination or any other reason except where there is no eligible list, in which case the City shall promptly initiate the promotional and /or hiring process. Section 2: Filling of Position A) It is the policy of the Employer to promote from within; however, the Employer is not obligated to do so for Fire Lieutenant, Fire Captain, EMS Captain and Fire Inspector. B) Promotions will be made as provided in this Article. Section 3: Notification of Examination Employees will be given written notice at least ninety (90) days in advance of a IM promotional examination date. The written examination will be held no sooner than ninety (90) days after the notice, nor later than one hundred five (105) days after the notice. Test materials will be taken from the following: 1. No more than four (4) specified IFSTA Manuals 2. Department implemented S.O.P.'s 3. No more than four(4) specified NFPA Manuals 4. Information specifically related to the position being tested for. 5. Materials shall be available at each work location. Section 4: Application for Examination No employee shall be permitted to apply for a promotional examination after the announced closing date. The closing date will take effect thirty (30) days prior to the date of the examination. Section 5: Eligibility for Promotional Examination Employees who apply for a promotion must have the following qualifications at the time the written examination is given: DRIVER ENGINEER: a) Current employment with the City as a Fire Fighter or Fire Medic. b) Two (2) years continuous service with the City as a Fire Fighter or Fire Medic and has taken and passed pump apparatus operator and hydraulics. 29 FIRE LIEUTENANT: a) Five (5) continuous years service as a Fire Fighter, Fire Medic, Driver Engineer, or any combination of the three(3); and Three (3) years service as a City assigned Driver Engineer or having been on the City Driver Engineer Promotional list for the last three (3) years continuously; and Current EMT or Paramedic Certification. or b) Five (5) continuous years service with the City as a Fire Fighter, Fire Medic, Driver Engineer, or any combination of the three(3); and City assigned Driver Engineer or having been on the City Driver Engineer Promotional list within the last two (2) years; and Has taken and passed Pump Apparatus Operator and Fire Hydraulics; and Current EMT or Paramedic Certification; and Has taken and passed the Company Officer curriculum which includes: Company Officer Methods & Techniques of Instruction Tactics & Strategies I Hazardous Materials I & II 30 Fire Inspection Practices Fire Protection Systems FIRE CAPTAIN: a) Two (2) years service as a Lieutenant; and Current EMT or Paramedic Certification. or b) Two (2) years service as a Fire Lieutenant, and; Current EMT or Paramedic Certification, and; Has taken and passed the Company Officer curriculum which includes: Company Officer Methods & Techniques of Instruction Tactics & Strategies I Hazardous Materials I & II Fire Inspection Practices Fire Protection Systems EMS CAPTAIN: Same requirements as set forth in Fire Captain above with the exception that the EMS Captain must be a State certified paramedic. Employees may meet either the eligibility requirements as set forth in "a" or "b" above for Fire Lieutenant, Fire Captain and EMS Captain promotions until 10/01/02 at which time the requirements as set forth in "b" above shall be mandatory. 31 Section 6: Selection Procedures The selection procedure shall include a written examination and an oral review board for Fire Lieutenants, Fire Captains and EMS Captains and a written examination and practical examination for Driver Engineers. Written exams and oral review boards for Fire Lieutenants, Fire Captains and EMS Captains shall be developed and administered by an outside agency hired by the City. The written and practical exam for Driver Engineers shall be developed and administered by an outside agency hired by the City. The practical exam shall be developed by a joint committee having two (2) members appointed by the Union and two (2) members appointed by management. The selection procedures shall take into consideration factors such as but not limited to education, experience, knowledge and physical fitness (all of which shall relate to the job being sought). Except as noted above for Driver Engineer Practical, no employee of Palm Beach Gardens Fire Rescue Department shall develop any part of any promotional exams. Section 7: Written Examination Eligible, qualified applicants shall take a written examination, which shall be graded. The cutoff score for further consideration in the process for each written examination shall be seventy percent (70 %). Separate written examinations shall be given for each classification (DE, Fire Lt., Fire /EMS Capt.)in the Fire Department and Fire Prevention Department. 32 Section 8: Adjustment of Written Examination Scores for Driver Engineers A) Applicants who have scored above the cutoff score on the written examination shall have their scores adjusted for seniority, as provided in this Section. B) Applicants shall have their scores adjusted upwards based on their continuous service (as defined in Article 16 Seniority) by one half of one percent (0.50) for each full year of continuous service (0.04167% per month of continuous service), subject to a maximum adjustment of five percent (5 %) after ten (10) years of continuous service. Section 9: Posting of Written, Oral and Practical Examination Score A list of applicants' scores on the written oral, and practical (where applicable) examination shall be posted at each fire station in order of highest to lowest score, using social security numbers. Section 10: Ranking of Positions The following testing criteria will be used to Fire Lt. Fire Capt. Written Oral Chief's Opinion Section 11: Awardi rank all candidates: and EMS Capt. Driver 60% Written 50% 20% Practical 50% 20% aq of Positions 33 c a) Driver Engineer Upon competition of the weighting of the written and practical in Section 10, a promotional register shall be created and vacancies filled by selecting from the top candidate on the register (rule of one (1)). The register shall remain in effect for a period of one (1) year from date the register is established or if no candidates exist on register the City shall immediately commence the process of establishing a new register, in accordance with Section 3. b) Fire Lieutenant, Fire Captain and EMS Captain Upon completion of the weighting of the oral, written, and chief's opinion in Section 10, a promotional register shall be created and vacancies filled by selecting from the top three (3) candidates on the register (rule of three (3)). The register shall remain in effect for a period of two (2) years from date the register is established. If fewer than three (3) persons exist on the register, the City shall immediately commence the process of establishing a new register in accordance with Section 3; however, if more than one (1) promotional opening exists within ninety (90) days of each other and fewer than three (3) candidates are on the register, the City shall promote from that list which is still in effect from the remaining candidates. c) In order to maintain continuous promotional registers, the City shall produce a new promotional register in advance of 34 the expiring date of the current register, replacing register on date of expiration. Section 12: Probation Any time an employee accepts a promotion to Inspector, Driver Engineer, Fire Lieutenant, Fire Captain, or EMS Captain the employee shall be on probation for the first Six (6) months in the new position. At any time during this six (6) month period, should the employee fail to complete the probation, the employee shall be rolled back without recourse to the grievance and arbitration procedures provided that the employee is returned to his /her prior job classification without probation and without loss of seniority. A rolled back employee will be paid at the current rate in effect for the job classification, which the employee held prior to his /her promotion. Section 13: Upon promotion, employees will receive the minimum pay for the position to which they are promoted or a five (5 %) percent increase in pay, whichever is greater. 35 ARTICLE 19 OVERTIME Section 1: Employees shall be paid at the rate of time and one half (1 1/2) their regular hourly rate for all time worked outside their regular work week or regular work day. Section 2: Any sick leave taken during a pay period within forty -eight (48) hours of the overtime shall be offset against overtime for that pay period. All other leave shall be counted as time worked for purposes of overtime. Section 3: The Shift Commanders or the Step -up Commanders shall distribute overtime. Section 4: Overtime shall be distributed on a rotational basis according to the following process: 1) Initially, the existing order of the current overtime list shall apply. 2) Categories shall be as follows: Firefighter, Firemedic/ Paramedic, Driver Engineer, Fire Inspector, Fire Lieutenant, Fire Captain and EMS Captain. 3) Overtime shall be offered to the off going shift whose category created the overtime, first by unit, second by station, third by shift and fourth by the overtime list. 4) If at any time there is more than one employee eligible for overtime in the category that created the overtime, then the overtime shall be given to the employee by order of the overtime list. 36 5) Scheduled overtime shall be distributed by the overtime desk, on a rotational basis, in the category that created the overtime. 6) If at any time overtime is unable to be filled from the category that created the overtime, then overtime shall be distributed on a rotational basis to employees who have the minimum qualifications for the category that created the overtime, by order of the overtime list. Section 5: Employees refusing overtime for any reason shall remain on the overtime list in their current position. Section 6: Employees accepting overtime shall be moved to the bottom of the overtime list regardless of hours worked. Section 7: In the event that no employee can be found to work overtime or until such employees can report to duty, the City may hold employees on mandatory overtime, which shall be on a rotational basis. Employees who work mandatory overtime, shall not be moved down on the overtime list, regardless of the hours worked. Section 8: A separate list shall be maintained for special events, the foregoing procedure shall apply. Section 9: No new hire employee may be eligible for overtime until successful completion of the first six (6) months of probation, except in the case of emergencies. 37 ARTICLE 20 COLLEGE TUITION REIMBURSEMENT Section 1: The City of Palm Beach Gardens may provide tuition reimbursement to full time employees. The purpose of this program is to broaden the employee's knowledge of their chosen field and /or provide an avenue of preparation for career development. All non - probationary bargaining unit members (including Promotional probationary employees) shall be eligible to apply for participation in the College Tuition Reimbursement Program as provided for in the following sections. Section 2: Applicability. This program applies to any employee who wishes to voluntarily pursue educational advancement or training. This program does not apply to courses or training that are required by the City and does not cover professional licensing and professional development seminars. (a) All full time employees who have been employed by the City for at least twelve (12) months and not on probationary status are eligible for education reimbursement. (b) Employees must attain a course grade equivalent to a "C" or better in each course to be eligible for reimbursement. In circumstances where pass /fail is the only grading system used, a pass grade must be earned to be eligible for reimbursement. (c) Any employee who has not yet received an Associate's Degree shall participate in course work at the community college level if the community college offers the necessary classes to achieve the approved degree. The City understands that there may be instances where an employee may need to attend, or it may be financially beneficial to attend a private university. In such cases, the employee must have approval of the City Manager or designee prior to enrolling in the program. In such an instance, an employee will be reimbursed only to the amount as set forth by the State Board of Regents, unless agreed to by the City Manager. Section 3: Reimhursement. 1. This section defines the categories eligible for the educational reimbursement program. a) College Tuition Degrees - This category includes all levels of college work in pursuit of a degree. i) Associate's Degree - Any major generally applicable to City use will be accepted. ii) Bachelor's Degree and Graduate Degree - The degree must be specifically applicable to City use. Graduate Degree assistance shall only be awarded if it is listed as a preferred degree for the position or for the next promotional opportunity. This must be recommended by the Fire Chief and approved by the City Manager. 2. Reimbursements shall be limited to two(2) courses per semester per employee and shall be contingent upon: 39 a) Prior written approval of the degree as outlined below; and b) the employee receiving a grade of "C" or better in the course; and c) Funds approved and budgeted by the City Council. If and when allocated funding is nearing consumption, the Deputy Chief shall communicate the status of funding to all employees; and d) Request for this benefit being submitted to the Deputy Chief by June 1 for the next fiscal year beginning October 1; and e) Only tuition costs shall be reimbursed. 3. If an employee terminates employment within one (1) year of receiving tuition reimbursement, the employee shall reimburse the City for one hundred (100 %) percent through deduction from any final pay to which the employee is entitled, or by such other means as may be necessary to recover the sum. 4. Employees who attend college classes shall do so at their own travel expense and during off -duty hours, vacation leave, or shift exchange. S. The City shall pay the costs of Paramedic school at Palm Beach Community College or up to two thousand five hundred ($2,500) dollars at another accredited institution of the employees choice. There shall be a limit of four (4) new 40 students each budget year. Such payment shall be in advance of the course, payable directly to the school. Employees who do not pass the course and the State examination shall be required to reimburse these costs over the next twelve (12) months by payroll deduction. Any employee who exercises these benefits must remain employed with the City as a paramedic for at least twenty -four (24) months from the date the employee becomes state certified. Any employee terminating their employment before the end of the twenty - four (24) month period shall reimburse the City for one hundred (100 %) percent through deduction from any final pay to which the employee is entitled, or by such other means as may be necessary to recover the sum. Section 4: Process for Approval. 1. The requesting employee shall submit a memo of intent to the Deputy Chief advising that application and counseling is being sought. 2. A counseling appointment will be scheduled with the Deputy Chief. 3. The applicant will be sent to a chosen accredited institution for academic counseling and registration. Section 5: Procedure 1. The memo of intent submitted shall serve as notice that the employee is applying for acceptance into the higher education program. The process shall not proceed until the 41 applicant receives return receipt from the Deputy Chief indicating the availability of funds. 2. The applicant will have in his /her possession a copy of the returned memo and an up to date transcript upon arrival at the Deputy Chief's Office. The counseling session shall consist of the following: a) Identification of both short and long term goals. b) Choosing of a minor /major area of study, utilizing transcripts and goals. C) Selection of an accredited institution best suited for the individual. d) Review of policy and procedure guidelines. e) A discussion of adult versus traditional programs. f) The direct billing authorization, grade report release waiver and enrollment request form will be signed. 3. The Deputy Chief shall notify the applicant when the enrollment request form will be signed. 4. Once notification has been received, an appointment can be made with an approved institution for academic counseling and registration. The grade report waiver and direct billing authorization will be turned over to the registrar's office at that time. 5. Once registration is complete, the applicant shall bring a copy of the registration to the Deputy Chief. At that time a Request for Disbursement form will be issued for that 42 semester. This form is to be completed and returned at the end of the semester showing grades received and cost of classes. 6. At the completion of each semester, it is the responsibility of the student to assure the Deputy Chief receives a completed Request for Disbursement form so the appropriate funds can be disbursed. 7. It is the responsibility of the Deputy Chief to ensure that accounts are paid in a timely fashion and the necessary paperwork is on file for efficient operation of the program. 43 ARTICLE 21 TRAINING Section 1: The City will pay registration fees for employees who are required by the Department to attend educational or training programs. The City shall retain full discretion to select courses or seminars and select attendees. Employees required to attend such programs will be reimbursed travel expenses (if incurred) according to the City's travel policy. Section 2: Employees who are required to attend training programs shall be compensated at the appropriate rate for the time spent attending such programs. Section 3: Any employee who wishes to attend a non - required training program or seminar shall make an advance written request for program approval and payment of registration fees. Upon approval of the Fire Chief and subject to budgetary restraints, the City may pay required registration fees. Employees attending non - required training programs shall do so at their own travel expense and during off -duty hours. Employees may use accrued vacation time or arrange for shift exchanges. Section 4• If, for any reason, an employee does not satisfactorily complete a training program, any moneys provided by the City for that program will be repaid by the employee, unless an emergency prevents completion of the program. 44 ARTICT•F' 22 UNIFORMS The City shall maintain the status quo with respect to the provision and maintenance of uniforms. New employees shall be provided with complete uniforms on or before their effective Date of Hire whenever possible. In addition, the City shall provide one sweatshirt with department emblem to each employee once every two years. Replaced on an as needed basis to maintain the following inventory: Firefighters Inspectors 1 pair blue gym shorts 5 T- shirts 5 work shirts 5 shirts 2 blue trousers 5 blue trousers 5 FDI T- shirts 1 black tie 1 Class A white shirt 1 FDI ball -cap 1 FDI jump suit 1 black leather belt 1 pair black boots (plain toe) 1 pair black shoes (Inspectors only) Replacement items to be within ten(10) days of the request for said items. Provided as soon as possible: Bunker gear to include coats, pants, suspenders, fire helmet, boots, and SCBA mask, last resort belt, individual personal safety rope. 45 ARTICLE 23 DISABILITY LEAVE Section 1: Job - Related Injury A. The City will carry Worker's Compensation coverage for all employees covered by this Agreement. The City agrees to pay the premium for said coverage. B. An employee absent from duty because of an injury sustained in a numbered alarmed incident or authorized department training and which is determined to be compensable under the provision of the Worker's Compensation Act, shall be entitled to full pay and benefits less any benefit received under the Worker's Compensation Act for up to one year following the date of injury. After one year, he /she shall continue to receive benefits available under the Florida Worker's Compensation Act. C. Any employee absent from duty because of an injury sustained which is not defined in section B and which is determined to be compensable under the provision of the Worker's Compensation Act shall be entitled to full pay and benefits less any benefit under the Worker's Compensation Act for up to thirteen (13) weeks following the date of injury. After 13 weeks, he /she shall continue to receive benefits available under the Florida Worker's Compensation Act. Section 2: Non -Job Related Illness or Injury A. Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each 46 separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 600 of base salary for a period of up to and not to exceed twenty -six (26) weeks. No more than twenty -six (26) weeks' disability will be paid for any one illness or injury within a two (2) year period following the date the disability began. The employee must exhaust all sick leave before applying for disability pay. B. Upon request of the City Manager, a doctor's certification must be submitted to the City every two weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or injury cannot be in connection with worker's compensation, self - inflicted injury, nor related to off -duty employment. C. An individual requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. D. Any member receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician's written diagnosis, prognosis, approximate date of recovery, and statement that the employee is physically fit to perform the job duties required in the capacity for which he /she is currently employed. Based on the information received 47 from the physician, or failure to provide requested information may result in reclassification as to duty status. Section 3: When so directed by the City, any employee out of work under the provision of this article shall present himself for a medical examination. The City will bear the full expense of said examination. The failure of such employee to present himself for an examination as directed will operate to automatically terminate any payments under this Article. Section 4: Whenever an employee, out of work due to an illness or injury, becomes physically able to perform some useful light duty work for the City, he /she may be required to do so as a condition to receiving benefits under this Article. Section 5: Any employee who is able to work after an illness or injury shall be reinstated to their former job, provided that the employee is physically qualified to perform all of the duties and responsibilities of the employee's previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If the employee is unable to assume his /her former responsibilities, the employee shall have first preference to fill another City position, if a vacancy occurs, and the employee qualifies for such position. If any employee refuses a job offer from the City, disability payments will be terminated. Section 6: The employee shall be subject to termination after completion of 26 weeks of non -job related disability or M. after one year of Worker's Compensation disability. The determination shall be at the discretion of the Fire Chief and confirmed by the City Manager. 49 ARTICLE 24 COMMUNICABLE DISEASES Section 1: T—unization a) The City shall provide immunization for all employees who want to be immunized, as follows: Tetanus - every five (5) years Hepatitis -B - every five (5) years (Hepta -vac) Rubella for females of childbearing age Section 2: TB Screening The City shall provide a tuberculosis screening annually for all bargaining unit employees. Section 3: The parties agree that there shall be a joint committee made up of two (2) members appointed by the Union and two (2) members appointed by the City to evaluate and institute an infectious disease prevention program. 50 ARTICLE 25 SAVINGS CLAUSE If any provisions of this Agreement, or part of a provision, shall be declared or rendered null, void, or invalid through court action or by reason of legislation, the Agreement shall otherwise remain in full force and effect. If such action occurs, the parties will meet as soon as possible to negotiate a replacement article. 51 ARTICLE 26 SMOKE FREE FIRE SERVICE Section 1: The Union and the City agree to the concept of a smoke free fire service. To that extent there shall be no smoking allowed in any work area. No smoking is allowed in any vehicle. Section 2: Employees will be permitted to attend, at no cost, any smoking cessation class held as a part of the City's wellness program. 52 ARTICLE 27 VACATIONS Section 1: Vacation leave is a benefit, the sole purpose of which is to grant the employee time off with pay. Section 2: Shift employees shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0 - 1 years continuous service 9 hours per month 1 - 4 years continuous service 11 hours per month 4 - 8 years continuous service 13 hours per month 8 - 12 years continuous service 14 hours per month 12 - 16 years continuous service 16 hours per month 16 - 20 years continuous service 18 hours per month Over 20 years continuous service 20 hours per month Section 3: Inspectors shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0 - 4 years continuous service 8 hours per month 4 - 8 years continuous service 10 hours per month 8 - 12 years continuous service 12 hours per month 12 - 16 years continuous service 14hours per month 16 - 20 years continuous service 16 hours per month Over 20 years continuous service 20 hours per month Section 4: Vacation time will be credited to the employee's account, effective the first day of each month for the preceding month. New -hire probationary employees shall not receive vacation 53 leave; having satisfactorily completed the probationary period, employees shall be credited with retroactive vacation time for that period. A probationary employee who does not satisfactorily complete probation is not eligible to receive payment for accrued leave. Section 5: For the month of January, six (6) hours of time shall be credited to the Union Time Pool from each union member's accrued vacation leave with the balance credited to the employees bank in accordance with this article. Section 6: Vacation leave time may be accrued to a maximum of 288 hours for fiscal year 99/00; a maximum of 312 hours for fiscal year 00/01; a maximum of 336 hours for fiscal year 01/02. Section 7: Vacation scheduling: A) Twenty -Four (24) Hour Shift Employees: 1) Vacations shall be scheduled from January 1 through December 31. The City shall determine the number of employees who can be off on vacation at any time throughout the year. 2) In October of each year, the City will advise how many shift employees may be scheduled off for vacation during the next year beginning January 1 per shift by Driver Engineer, Fire Fighters, Paramedics and Officers. 3) During the month of November, shift employees shall select vacation periods by departmental seniority on a per 54 shift basis, in the following order and groupings: Driver Engineers, Firefighters, Paramedics and Officers as set forth herein: Vacation selection during the month of November shall be made in two (2) rounds: (a) Employees choosing three (3) or more consecutive shifts (which may include Kelly Days) shall make the first selections. (b) Employees wishing to pre- schedule another group of one (1) or more consecutive shifts of time shall choose during the second selection. (c) The commander or his /her designee shall notify in writing to the employee his /her scheduled vacation by December 1. 4) On December 15th, the Commander or their designee will begin to accept applications for remaining open days for vacation scheduling for the up coming year, which shall be on a first come, first serve basis. If two (2) or more requests for the same day are received on the same day, then the employee with the most departmental seniority will receive the requested day. Such approval shall be based on staffing only and shall not be unreasonably denied. Employees shall be notified no later than the end of their shift following the shift in which 55 their request was made.as to whether their request has been approved or denied. 5) Once approved, vacation time shall not be rescinded by management except in the event of a serious hardship (major emergency i.e.: earthquake, tropical storm, hurricane, or civil emergency). The payment of overtime shall not constitute a serious hardship. 6) Employees may cancel their vacation time only if requested by at least forty -eight (48) hours from the start of the leave period including Kelly Days. Cancellations, if requested less than forty -eight (48) hours prior to the start of the leave period, may be granted at the discretion of the Commander. B) Inspectors - In October of each year, the City will advise how many Inspectors may be scheduled off for vacation during the next year beginning on January 1. During the month of November, these employees shall select vacation periods by departmental seniority. When selecting vacation periods during November, these employees may not select more than twenty (20) consecutive working days during the vacation year, which may be waived with the approval of the immediate non - bargaining unit supervisor in charge of scheduling, but such approval shall not be unreasonably denied. Section 8: Kelly Day Selection - Before the time vacation selections are made, the selection of Kelly Days shall be W determined by shift, within rank, based on seniority by position as defined in the current Collective Bargaining Agreement. Kelly Days shall be selected annually regardless of transfers, promotions, etc. Section 9: A bargaining unit member on leave without pay for more than fifteen (15) calendar days shall not be credited with vacation leave for that period. Section 10: If the day on which an official holiday is observed, as designated in Article 34 - Holidays, of this contract, shall fall within the period of vacation leave being taken by an employee, it shall not be charged to their vacation leave. Section 11: Vacation leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. Section 12: Pay in lieu of vacation leave granted shall not be authorized except under emergency conditions as to the health, safety, or welfare of the City or the employee. Such authorization shall be at the discretion of the City Manager. Section 13: Vacation time must be taken in increments of no less than one -half shift. 57 ARTICLE 28 SICK LEAVE Section 1: During the first six (6) months of employment, an employee accumulates sick leave at the rate of three and one - half (3 1/2) hours per month, but cannot take sick leave until after the employee has been employed six months. After six months, an employee shall accumulate sick leave at the rate of ten (10) hours per month for fiscal year 99/00; eleven (11) hours per month for fiscal year 00/01; twelve (12) hours per month for fiscal year 01/02. Forty hour employees shall accumulate sick leave at a rate of eight (8) hours per month. Sick leave is credited the first day of each month following the month in which it is earned. An employee on unpaid leave or not on the payroll for more than fifteen (15) calendar days in any calendar month shall not be credited with sick leave for that month. Section 2: The City has the right to expect regular and dependable attendance from its employees. Sick leave is provided by the City as a form of economic security, and is not to be considered a right. Any employee who is unable to work due to sickness or non - service connected disability shall receive sick leave with full pay and benefits to the extent of the then accrued amount. Sick leave may be used in hourly increments for illness of an immediate family member living in the employee's household, or for maternity, child delivery or paternity purposes. ,: Section 3: Sick leave may be used for medical or dental appointments. Section 4: Upon exhaustion of sick leave, an employee shall use other accrued leave time for any purpose specified in this Article. Section 5: A maximum-of eight- hundred (800) hours sick leave time may be accumulated and maintained. After the 800 -hour maximum has been reached, sick leave will not again accumulate until the employee has been charged with sick leave. Section 6: Separation from employment of the City shall cancel all accumulated sick leave, except by retirement or resignation in good standing after completion of five (5) years of continuous service. A retiring employee or an employee resigning in good standing after the completion of five (5) years of continuous service, shall be entitled to compensation for accumulated sick leave at the rate of one (1) hour's pay, at the employee's current rate of pay, for each two (2) hours accumulated; or computation of retirement date reduced eight (8) hours per each eight (8) hours sick leave earned, but not taken, the choice to be that of the employee. Section 7: A) Sick leave of more than twenty -four (24) consecutive regular working hours shall require a physician's certificate if deemed necessary by the Fire Chief and /or City Manager. 59 B) An employee may be granted sick leave beyond that which he /she has accumulated at the discretion of, and with the approval of the City Manager. Section 8: Abuse of sick leave shall result in: First Offense: Written warning. Second Offense: Suspension of up to ten (10) regular work week days without pay for non - twenty -four (24) hour shift employees and up to three (3) shifts without pay for twenty -four (24) hour shift employees . Third Offense: Dismissal. If the employee has not been disciplined for abuse of sick leave for a three year period, any further abuse of such leave shall be treated as the first offense. Section 9: An employee absent on sick leave, shall inform an on -duty supervisor at least one -half (1/2) hour prior to his /her regularly scheduled reporting time of his /her absence, the specific reason therefor, and where (phone number and address) he /she will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay for the period of absence and other disciplinary action. Section 10: Any employee with a sick leave balance in excess of eighty -four (84) hours as of December 1 of each year has the option of being reimbursed for such hours in excess of eighty -four (84) at fifty (500) percent of his /her base hourly rate. The employee may select the number of hours in excess of .e eighty -four (84) for which he /she desires compensation; provided, no employee may be paid at the fifty (50a) percent rate for over eighty -four (84) hours in one (1) year. Section 11: Sick leave shall not be considered as hours worked in the computation of overtime. Section 12: Sick leave shall be used in minimum increments of twelve (12) hours for personal illness /injury and in minimum hourly increments for all other reasons. Section 13: An employee on sick leave who contacts the supervisor by 3:00 P.M. may request permission to begin work at_ 7:00 P.M. that evening. Abuse of this privilege by any member of the bargaining unit, as determined solely by the Fire Chief, shall result in a revocation of this privilege for that employee. 61 ARTICLE 29 EMERGENCY RELEASE An employee shall be released on an emergency basis subject to the approval of the immediate supervisor. Such time shall be deducted from the appropriate accrued leave. 62 ARTICLE 30 HOLIDAYS Section l: The official holidays to be observed by bargaining unit members shall be: New Year's Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Washington's Birthday (January 1) (last Monday in May) (Fourth of July) (1st Monday in September) (November 11) (3rd Monday in February) Section 2: Each bargaining unit member shall also receive one personal holiday per contract year, which shall be requested in advance and approved in the same manner as vacation leave. Section 3: For shift personnel, a holiday which falls on a Saturday or Sunday will be observed on that day rather than the day designated by the City. Section 4: Forty -hour employees working on a holiday will receive, in addition to their regular pay, eight (8) hours holiday pay at one and one half (1 1/2) times the regular rate of pay. Section 5: All twenty four (24) hour shift employees shall receive nine (9) hours of pay whether or not they work the holiday; for each of the above named holidays. Holiday pay shall be in the paycheck following the Holiday. 63 Section 6: The employee must have worked on the last scheduled work day prior to the holiday and the next scheduled work day after the holiday to receive pay for the holiday. Section 7: The following categories of employees specifically do not qualify to receive compensation, compensation at a premium rate, or compensatory time off for the day on which the holiday falls: A. Part -time or temporary employees, with or without regularly scheduled hours and /or days of work. B. Employees on a non -paid leave of absence. 64 ARTICLE 31 BEREAVEMENT LEAVE Section l: Twenty -Four (24) Hour Shift Employees In the case of a death in the family, an employee shall be entitled to be off for the next five (5) calendar days and be paid for up to two (2) scheduled shifts during that five day period. If the death occurs while the employee is on duty, the employee shall be entitled to the rest of the shift off with pay. Section 2: Non- Twenty -Four (24) Hour Shift Employees In case of a death in the immediate family, an employee shall be entitled to be off for the next five (5) calendar days and to be paid for up to five (5) regularly scheduled working days, which fall within that five (5) day period. If the death occurs while the employee is on duty, the employee shall be entitled to the rest of the shift off with pay. Section 3: I—ediate Fa-ily The immediate family consists of the employee's child (step or adopted included), Spouse, parent (step or adopted included), brother, sister, grandparent (both sides), grandparents in -law and parents -in -law. Section 4: With the Chief's approval, an employee may extend funeral leave by using accrued vacation leave, sick leave, or comp time regardless of staffing. Section 5: The City may require documentation to support the employee's use of Bereavement Leave. 65 ARTICT.F• 32 LEAVE OF ABSENCE Section 1: Leave of absence, without pay, is authorized absence from work for a definite period of time. Section 2: Only a qualified employee is eligible for a Leave of Absence. Section 3• A. A written request for a leave of absence shall be supplied to the Chief by the employee, giving the reason(s) for such request and the period of the leave time sought. B. Such request shall be supplied at least ten (10) working days before the requested beginning date for such leave, unless the Chief shall, because of extenuating circumstances, agree to permit a shorter period of notice. C. The Chief shall furnish a written request to the City Manager together with his /her recommendation. Section 4: A. Approval of a leave of absence shall be at the discretion of the City Manager for such reason(s) as he /she may find to be valid and for such period of time as he /she may find proper for the integrity of the City. B. In considering a request for a leave of absence the following items will be taken into account: (1) Length of service with the City (2) Employee's experience and employment record (3) Departmental requirements for the time in question I.M. C. No leave of absence shall be granted for a period of more than three (3) calendar months, provided that a leave of absence, or an extension of a leave of absence for a longer period of time may be granted by the City Manager, at his /her discretion. Section 5: Any employee, while on a leave of absence, who shall engage in any other gainful employment shall be deemed to have resigned without notice, and the employee shall be terminated unless the City Manager shall determine that such other gainful employment shall be permitted, due to extenuating circumstances. Section 6: Any employee who shall fail to return to work from a leave of absence on or before the expiration date thereof without notifying the Chief and making satisfactory arrangements, or without reasons acceptable to the City Manager, shall be deemed to have resigned, without notice, and the employee shall be terminated. Section 7: Upon the expiration of a leave of absence, the employee shall be restored to the position held at the time said leave was granted. 67 ARTICLE 33 COURT LEAVE Section 1: The Employer shall grant leave with pay to an employee for the period of time for which the employee is subpoenaed to appear before a court, judge, justice or magistrate or at a deposition for.any matter arising directly out of his /her employment or in a circumstance where the employee is subpoenaed by the State's Attorney in -a criminal matter arising out of the employee's employment or anytime he /she is subpoenaed by the Employer. Off -duty employees called in pursuant to this Article shall be compensated at time and one -half for a minimum of two (2) hours. Section 2: Leave with pay or call -in pay will not be granted for any proceeding involving employee discipline, arbitration cases, and PERC cases, or any other case when subpoenaed by a unit employee or the Union. .: ARTICLE 34 EMPLOYEES BILL OF RIGHTS All bargaining unit employees shall be afforded the protection spelled out in the Fire Fighter's Bill of Rights, Florida Statutes. . ARTICLE 35 STATION CONDITIONS Section 1: Furnishings The City shall continue to supply all stations with suitable furnishings for healthy living conditions. Section 2: The City shall provide a commercial washer and dryer at the main station, and laundry detergent, suitable to clean and disinfect bunker gear. 70 ARTICLE 36 LEGAL BENEFITS Section 1: The City shall, upon timely notice by an employee, undertake the defense of any employee covered by this agreement against civil damage suits arising from and in connection with his /her employment. The City will not cover an employee for litigation brought against the City by the employee. Legal defense of this type will be paid solely by the employee. Section 2: The City shall indemnify all employees against judgments for compensatory damages rendered against an employee in a civil damage suit arising from and in connection with duties performed by the employee in the scope of his /her employment for the City provided that the employee has not acted grossly negligent or with malice. The City shall not indemnify any employee against judgments rendered in civil suits, which the City has not been given notice of and an opportunity to defend. Section 3: The employee shall give notice to the City within forty -eight (48) hours of all injuries or damage to persons or property, including the employee him /herself, incurred by or witnessed by the employee while the employee is on duty. Section 4: It shall be the duty of the employee to notify the City Attorney at first reasonable opportunity of being served with any civil action. Section 5: Failure to provide the notices required in Section 3 and 4 shall result in disciplinary action, but shall not limit the City's obligation to provide defense and 71 indemnification, provided reasonable notice is given and the City's opportunity to defend is not adversely affected. Section 6: The employee has the right to retain legal counsel of his /her choice at his /her own option and expense. The City shall make copies of discovery documents available to the employee at no cost to the employee, provided there is no disputed issue of liability between the City and the employee involved in the suit. 72 ARTICLE 37 VOTING Employees are expected to vote on their own time; however, if scheduling or unusual circumstances prevent an employee from voting on his /her own time, the Chief (or his designee) may grant time off up to one (1)'hour with pay for the employee to vote. 73 ARTICT.R. 38 DAMAGED EQUIPMENT The City agrees to reimburse the full cost for prescription eyeglasses, contact lenses and watches damaged in the line of duty, not due to employee's own negligence, not to exceed one hundred fifty dollars ($150.00) per item. Replacement will be of a like kind. Department issued safety /sunglasses shall be replaced if lost or damaged. 74 ARTICLE 39 PERSONNEL RECORDS Section 1: The City agrees that all official personnel records shall be kept confidential to the extent provided by law. Section 2: The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service. Section 3: The City agrees that upon request, a bargaining unit employee shall have the right to inspect all his /her official personnel records during normal business hours. The employee shall have prior permission and such permission shall not be unreasonably denied. No record(s) shall be hidden from a member's inspection. Section 4: The City agrees that a member shall have the right to include in his /her official personnel record a written and signed refutation (including signed witness statements) of any material the employee considers to be detrimental. Section 5: All such insertions will remain a permanent part of the member's official personnel records. 75 ARTICLE 40 SALARIES Section l: Salary Range: a) The salary schedule providing base salary compensation for employees in the following bargaining unit classifications for fiscal year 1999/2000 shall be as follows: Title Minimum Maximum Firefighter /EMT $27,639 $46,661 Firefighter /EMT -P $27,639 $46,661 Driver Engineer $32,703 $48,879 Fire Inspector $36,062 $51,670 Fire Lieutenants $41,663 $57,923 Fire /EMS Captains $47,114 $64,801 On October 1, 1999 and for each fiscal year thereafter, all employees whose base salary compensation is below the minimum range for the pertinent job classification as set forth herein will have their base salary adjusted upwards to satisfy the minimum salary range compensation for the employee's job classification. The salary adjustment will occur prior to any applicable base salary increases (i.e., merit increases, other salary adjustments, applicable longevity increases, career development compensation, or any other remuneration or emoluments not specified herein) for fiscal year 1999/2000 and for each fiscal year thereafter. b) On October 1, 2000 and on October 1 for each fiscal year thereafter, the job classification minimums shall be 76 adjusted upwards $1,000 and the job classification maximums shall be adjusted upwards $2,000 for each fiscal year. At no time shall an employee's salary be below the minimum salary schedule range for any fiscal year. c) If an employee receives wage increases which otherwise are calculated or added to the base salary that results in the wage increase exceeding the maximum salary schedule for the employee classification, then the amount exceeding the maximum rate of pay for that particular classification will be paid to the employee in a lump sum payment. d) Certification pay, investigator on -call compensation and. longevity pay for employees hired after September 30,1991 shall not be calculated or added to the employee's base salary compensation as described above. The payment of these benefits will have no effect whatsoever on the determination of the minimum and /or maximum salary ranges. e) Longevity pay increases which are added to the base salary for those employees hired before October 1, 1991 can exceed and will not be capped by the maximum salary range for a particular job classification for any fiscal year as set forth in this section. Section 2: Performance Evaluations a) Effective October 1, 1999, employees shall be evaluated October of each year, using the departmental performance evaluation process. Based on the evaluation received, a 77 merit increase shall be made to the employee's base pay on October 1 of each year. The merit increase will be made to the employee's base salary only after all other applicable October 1 wage increases have been added to the base salary for each fiscal year. b) Whenever possible, evaluations shall be made by the immediate supervisor. If an employee was assigned to more than one supervisor during a rating period, then the evaluation shall be a collaborative process. C) Merit increases shall be determined by the evaluation level as follows: Outstanding 40 Above Satisfactory 30 Satisfactory 20 Needs Improvement to Unsatisfactory 0% Ratings of outstanding or unsatisfactory shall be substantiated by comments, examples and documentation. d) An employee who is on new hire probation will be entitled and eligible for an applicable merit increase based on performance only upon completion of six (6) months of employment from the date of hire. If, during the aforementioned six (6) months, an October 1 merit increase is given to other employees; then the new hire will receive WE the October 1 increase prospectively upon completion of the first six (6) months of employment from the date of hire. e) An employee who does not agree with his /her rating and wishes to appeal, may request in writing a meeting with the Fire Chief or designee within ten (10) days of receiving their evaluation. An employee may include any information in their personnel file to rebut the evaluation. The Fire Chief or designee must respond in writing to the initial appeal within twenty one (21) days of the meeting with the employee. If the Fire Chief or designee's response is unsatisfactory, the employee will have the right to grieve the performance evaluation only for the reasons in section AN f." f) No employee shall be disciplined solely on the basis of the performance evaluation. Performance evaluations shall not be subject to arbitration except when an evaluation with an overall rating of needs improvement or unsatisfactory shall be subject to grievance arbitration procedures. Section 3: Salary Adjustment Bargaining unit members shall have their base salaries adjusted as set forth in Appendix A. The salary adjustment will be effective as of October 1 of each fiscal year of this collective bargaining agreement. This salary adjustment will occur prior to and in addition to merit raises, career development objectives, certification pay or 79 longevity pay, on -call investigator pay, or any other remuneration or emoluments not specifically specified herein for each fiscal year. Section 4: Career Development a) Effective October 1, 1999, career development will consist of educational objectives. An employee who completes the educational objectives during each time frame listed below shall receive a base salary increase as follows: 1) October 1, 1999 - September 30, 2000 - $1,500.00 added to base salary on October 1, 2000.(To be added to base prior to October 1, 2000 merit increase.) 2) October 1, 2000 - March.31, 2001 - $1,500.00 added to base salary on April 1, 2001. 3) April 1, 2001 - March 31, 2002 0 $1,500.00 added to base salary on April 1, 2002. In order to receive the $1,500.00 base salary increase(s), the employee must separately complete the educational objectives for each time frame listed above. b) In order to qualify for the educational objectives to be added to the base salary, the employee must complete the new hire probation. c) Educational objectives shall be achieved by any of the following: AM 1} Any two (2) credited courses from a credited College or university identified in Section 633.382, Florida Statutes. Any courses not identified in Section 633.382, Florida Statutes may still qualify towards the annual objectives, provided pre - approval is granted by the Educational Committee. 2) Eighty (80) CEU's /contact hours from the Florida State Fire College, National Fire Academy or Fire Training Center. 3) Pre - approved classes or seminar by the Educational Committee not described above. These pre - approved classes or seminars may not exceed a combined total of forty (40) CEU's or contact hours. In addition the employee must have at least one (1) credited course from a credited College or University identified in Section 633.382, Florida Statutes, or forty (40) CEU's /contact hours from the Florida State Fire College, National Fire Academy or Fire Training Center. 4) Any newly promoted probationary employee shall be credited with forty (40) hours of CEU's for successful completion of probation. This employee will have the discretion to elect which time frame that the forty (40) hours of CEU's will be credited if the probationary period extends through any of the dates set forth above for the $1,500.00 base salary increase. MW The employee's election will be only credited towards one (1) base salary increase of $1,500.00. The newly promoted employee who elects credit for the forty (40) hours of CEU's must still complete an additional forty (40) hours of CEU's through any other means described herein. d) The Educational Committee shall consist of the following: Two (2) members from labor, Two (2) members from management, and one (1) appointment agreed by both parties. In lieu of obtaining the requisite CEU's, the Educational Committee may pre- approve independent seminars, classes or instructionals, which can be substituted for the requirements set forth above. The Educational Committee will determine the amount of credit, which will be given to the employee towards career development educational objectives. Section 5: Certification Pay a) Employees who pass both the State Paramedic exam and become protocol certified shall receive in addition to their base salary a certification pay of $5,000.00 annually, to be paid monthly. b) City employees who become protocol certified paramedics, upon the employee's election, may go back to their prior position with the City but will lose their $5,000.00 certification pay. c) Newly hired Paramedics shall be allowed to take the first protocol test after sixty (60) days from date of hire and have one (1) year in which to pass the protocol examination. City employees who become newly certified Paramedics shall be allowed to take the first protocol test after sixty (60) days from date of certification and have one (1) year in which to pass the protocol examination. No Paramedic shall be required to ride as the primary Paramedic until they have successfully completed their protocol test and have been released by the City Medical Director. d) Employees shall receive $500.00 annually, paid monthly for the following certifications, so long as the certifications are not a requirement of their job classification. • Florida State Fire Inspector • NREMT or NREMT -P • Fire Officer I • Any one (1) of the following Florida State certified instructors. (Basic, Inspector, or Fire Officer) • Advanced Rescue Technician, which consists of the following: • Rope Rescue FFP 2660 • Hazmat Technician FFP 2500 -02 • Confined Space Rescue FFP 0211 • Vehicle Extrication FFP 0205 or Dive Rescue I, as defined by Dive Rescue International, Inc. ME Section 6: On -Call Investigator a) All Fire Inspectors will be assigned as on -call investigators for the City. The Fire Inspectors will rotate amongst each other as the assigned on -call investigator in two week intervals. b) During this two week interval, the Fire Inspector who is also the on -call investigator shall be provided with a City vehicle while on call. c) The Fire Inspector will receive an incentive compensation for this additional work responsibility in the amount of $3,000.00 in the manner described herein unless an alternative rate and /or manner of compensation for the on- call status would otherwise be required by applicable federal, state or local law. d) The annual compensation of $3,000.00 will be paid to the Fire Inspectors in a monthly incentive payment of $250.00 per month, which will not be added to the base salary of the Fire Inspector. e) During the on -call rotation, the Fire Inspector will also receive call back pay if required to return to work by the City in order to conduct a fire investigation as the on -call investigator. In addition to the incentive payment referenced above, the Fire Inspector will receive payment for the actual time worked at a rate of time and one -half (11-�) the Fire Inspector's straight time rate in quarter hour ., (1/4) hour increments. Each Fire Inspector shall receive a minimum of three (3) hours call back pay. f) If the assigned on -call investigator is contacted by the City to return to work in order to conduct a fire investigation but is unable to do so,.then the assigned on -call investigator shall be responsible to request a Fire Inspector who is not on- call to cover the call back assignment. The City recognizes and acknowledges that the assigned on -call investigator may request another Fire Inspector to cover a call -back assignment. Any Fire Inspector who responds to a fire investigation, either the assigned on -call investigator or another Fire Inspector covering the assignment, will be considered an employee of the City of Palm Beach Gardens who is working in the scope and course of his /her employment. Section 7: Longevity a) All bargaining unit members hired before October 1, 1991, when they have complete their required years of service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service Percentage Increase in Salary 4 Years 7 Years 11 Years 15 Years 20 Years 2° 0 4% 0 6% 0 8° 0 100 85 b) Said percentage increases shall be added to salary. c) Continuous service for purposes of this section shall be defined as employment in the City services without a break or interruption. Layoffs not exceeding one (1) year, authorized military leave, educational leave, vacation leave or lawful extension thereof, or reinstatement in accordance with this agreement, shall not affect continuity of service. d) Longevity allowances for employees hired after September 30, 1991 shall be as follows: 1) After completion 2) After completion 3) After completion 4) After completion 5) After completion Longevity shall not salary, but will be only on achievement Longevity payment s period during which Section 8: of four (4) years of service - $300 of seven (7) years of service - $600 of eleven (11) years of service - $900 of fifteen (15) years of service - $1200 of twenty (20) years of service - $1500 be calculated with the employee's base maintained as a separate benefit payable of specified anniversary date. tall be made at the end of the payroll the anniversary date falls. For the purposes of any construction of the intent of Article 40 - Salaries, Section 1 -6, the parties intend that no party be deemed or characterized as the drafter and that construction occur without regard to any canons of construction concerning the drafter. :. ARTICT.F• 41 OUTSIDE ACTIVITIES Section 1: Employees shall at all times bear in mind that they are seen by the general public, while off -duty as well as on -duty, as personnel of the City of Palm Beach Gardens, Florida, and its Fire Rescue Department. Employees shall at all times conduct themselves in such a manner as to bring no discredit, directly or by association, upon the City or the Department. Nothing herein shall be construed to inhibit the freedom of speech or right of any other freedom guaranteed citizens under the Constitution and its amendments of employees and Union representatives. Section 2: Employees accepting employment with any other employer while employed by the City shall do so only so long as the employment does not conflict with the employee's performance of duties for the City. In such instances, the employee's primary obligation shall continue to be to the City, and the employee shall arrange his or her affairs accordingly. Section 3: Employees shall at all times keep the City advised as to any outside employment by submitting a "Notification for Outside Employment ". M. NOTIFICATION FOR OUTSIDE EMPLOYMENT EMPLOYEE: POSITION: I hereby notify the City of my intent to work another job in addition to my full -time position with the City of Palm Beach Gardens: COMPANY NAME: ADDRESS: WORKING HOURS: SUPERVISOR'S NAME: PHONE: NATURE OF WORK: The outside work present position performance with eligible for cit injury sustained SIGNED: RESTRICTIONS: # HOURS PER WEEK: I will be performing is not in and that it will not interfere the City. I understand that I y workers compensation or disab in this outside employment. Employee THIS PERMIT IS IN EFFECT UNTIL: APPROVED: APPROVED: Department Head City Manager :: conflict with my with my job will not be ility pay for any DATE: DATE: DATE: ARTICLE 42 WORK WEEK Section 1: The work cycle shall be twenty -one (21) consecutive days. The work week shall be an average of forty - eight (48) hours based on a three (3) shift system of twenty -four (24) hours on duty and forty -eight (48) hours off duty with an additional shift off (Kelly Day) every seventh (7th) shift. The 24 -hour shifts shall commence at 0700 hours and continue through 0700 hours the following day. Section 2: The Fire Inspector shall work a forty (40) hour work week, which may be comprised of four (4) ten (10) hour days or five (5) eight (8) hour days. The City will establish the hours of work best suited to meet the needs of the department to provide superior service to the community. Section 3: It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes. Section 4: For all employees the work hour shall be broken down into four (4) fifteen (15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight (8) minutes or more after starting time, the employee shall be docked in major segments of one - quarter (1/4) hour. :• ARTICLE 43 EXCHANGE OF TIME Section 1: Employees may exchange shifts, or parts of shifts, with another employee with prior approval of the Chief or his designee, but such approval shall not be unreasonably denied. Section 2: When an employee, who is scheduled to exchange time for another employee,.does not report for duty, that employee will be the one who shall be subject to the appropriate discipline. Section 3: All pay -backs for exchange of time are the responsibility of the employees involved in the exchange. M ARTICLE 44 MEETING ROOMS The City agrees to grant the Union permission to use the City Council Chambers and Fire Rescue Department meeting rooms for its meetings, provided that the facility will not be utilized for press conferences. 91 ARTICLE 45 ACCESS TO PREMISES The Union and its representatives, attorneys, agents and persons acting in its behalf shall have access to the City's premises and work locations and property, real and personal, in accordance with State taw. 92 ARTICLE 46 JURY DUTY Section 1: Employees required to serve on jury duty will be paid at their regular rate of pay for time served which would otherwise be scheduled work time. Employees must turn over to the City any monies received by the courts for serving on jury duty. Section 2: Employees must promptly report back to work any time they are released from jury duty on a daily basis, if otherwise scheduled to work that shift except non -shift personnel need return to work only if at least four (4) hours remain in their normal work day when released. 93 ARTICLE 47 MILITARY RESERVE T.FAVE Section 1: Annual Active Duty Training for Reservists A. A qualified employee who is a member of any military reserve unit of the United States, or any National Guard Unit, and must have received- "Active Duty Training Order" shall be granted Military Leave with differential pay for up to seventeen (17) calendar days per calendar year. Additional leaves of absence for military training shall be without pay. B. Such leave shall be granted by the City Manager after he /she is presented with written military orders. C. Notification of such Military Leave shall be made to the City Manager on the form provided. D. Compensation of such employee shall be at his /her regular rate of pay for the period concerned, less any payments he /she receives from the military for such period. Section 2: Pre - Induction Physical Examinations A. A qualified employee ordered for pre- induction physical examination shall be given up to two (2) scheduled working days off, with pay, for this purpose by the Chief on the basis of written military orders. This section is applicable only during a military draft implementation. Section 3: Active Military Duty A. In accordance with the Veterans Reemployment Rights Act, a reservist who is voluntarily or involuntarily called to active 94 duty shall be placed of time not to exceei B. An employee all accrued vacation shall be included in C. An employee on leave of absence without pay for a period J four ( 4 ) years. called to active duty may request to be paid leave and compensatory time. Such payment the next scheduled payroll. called to active duty shall be paid up to and not to exceed eight (8) weeks pay at one -half (1/2) his /her base rate of pay, excluding incentive and longevity pay, upon presentation of military orders. Payment shall be included in the next scheduled payroll. An employee called to active duty for less than eight (8) weeks shall be paid one -half (1/2) base pay for the period of time he /she is on active duty. An employee returning to work from active duty and who has received the full eight (8) weeks benefit must work a continuous one (1) year period to again be eligible for this benefit. D. An employee on leave of absence for more than fifteen (15) calendar days shall not receive a uniform allowance and shall not be credited with vacation or sick leave for that month. E. The employee may elect to continue medical and dental coverage under the COBRA policy. Application for continuation of medical benefits must be made within sixty (60) days of the last day of work, and all premium payments shall be the responsibility of the employee or his /her eligible dependent(s). F. An employee returning from military leave who was discharged from the Armed Forces of the United States under 95 honorable conditions shall be reinstated, per the Veterans Reemployment Rights Act, to the same position or a position of. like seniority, status, and pay. The returning employee must be qualified to perform the duties of the position to which he /she returns; must make application for reinstatement within ninety (90) days following his /her discharge; must not have served over four (4) years; and must report for work when so instructed. -A reservist called up for ninety (90) days must reapply for his /her job within thirty -one (31) days after returning from duty. G. A reinstated employee shall receive the same status as to pay, seniority, and benefits that the employee would have had if the employee had not been called for military duty. The returning employee may be permitted to make the pension contributions that the employee would have otherwise made but for military service, in order to secure pension benefits for the period of military service. I. ARTICLE 48 PROBATIONARY PERIOD Section 1: New hire employees shall be considered on probation for a period of twelve (12) months from the date of hire. The probationary period may be extended up to an additional six (6) months if additional time is needed to evaluate the employee's performance in the position provided the employee is notified in writing of same before the conclusion of the initial twelve (12) month period. During this probationary period, the new hire employee may be terminated without the decision to terminate submitted to arbitration. Section 2: Newly promoted employees shall be on probation in the promoted classification for a period of six (6) months. The probationary period may be extended up to an additional six (6) months if additional time is needed to evaluate the employee's performance in the position, provided the employee is notified in writing of same before the conclusion of the initial six (6) month period. During this probationary period, the employee may be returned to their former classification prior to the promotion and will have no right to have the issue of their return to that classification submitted to arbitration. Section 3: Newly hired or newly promoted employees shall be evaluated using the departmental performance evaluation process. 0 ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY Section 1: Rights of the City and the Employees The City recognizes that Fire Department employees are not immune from the problems, which face society in general. The problems of alcohol and substance abuse are well recognized as serious problems in our society. The purpose of this new policy is to eliminate alcohol and drug abuse by employees. This policy is intended to be corrective rather than punitive in application. Employees voluntarily admitting an alcohol or substance abuse problem shall be given an opportunity for rehabilitation before disciplinary action is imposed. Section 2: Alcohol /Substance Abuse Prohibited All City employees shall: A. Refrain from impairment for duty by use of alcohol and /or a controlled substance; B. Avoid any controlled substance not prescribed for use by a licensed physician; C. Not possess, dispense, or sell any controlled substances not prescribed for use by a licensed physician and D. Refrain from using a prescribed medication on duty in a manner not substantially conforming to the direction of the prescribing physician. Section 3: Employees who voluntarily seek help for a substance abuse or alcohol problem will not be punished provided: A. The employee at his /her own expense, which may include any applicable insurance coverage, enters a recognized alcohol /substance abuse program. B. The employee goes on an unpaid leave (employee may use all accumulated leave first) until being certified as having successfully completed the program. C. The employee executes a waiver permitting the alcohol /substance abuse program director or counselor to communicate confidentially with the City Manager or his /her designee concerning the employee's progress (which shall be limited to participation, progress and completion of the program). Section 4: City's Right to Test for Alcohol /Substance Abuse A. Bargaining unit employees may be subject to blood testing and /or urinalysis in the manner provided in subsection b to detect the presence of alcohol and /or controlled substances if the employee has acted in violation of Section 2 of this Article. B. For an employee to be subject to blood testing and /or urinalysis a Chief, Chief Officer, or Fire Lieutenant must have reasonable suspicion, based on specific objective facts, that the employee is under the influence of alcohol and /or a controlled substance as prescribed in Section 2 of this Article. Reasonable suspicion of alcohol /substance abuse must be verified by a Chief, Chief Officer, Fire Lieutenant, and a corroborating witness. • • C. If an employee is ordered back to duty for testing, the employee shall be paid for the time required for testing. Section 5: Grieving Reasonable Suspicion If an employee disputes the reasonable suspicion, the employee may arbitrate the reasonable suspicion charge through the expedited arbitration process provided for in the grievance and arbitration article of this agreement. The employee must, nonetheless, submit to a blood /urinalysis test, as ordered by the appropriate supervisor and thereafter file a grievance over the order. Refusal to submit to testing may be grounds for discipline. Section 6: Blood /Urine Tests A. In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure, which produces quantitative results showing the amount of alcohol present in the blood. A blood alcohol concentration level of .10 percent or above shall be deemed a positive test for alcohol abuse under this Section. B. In testing for the presence of controlled substances, the City shall in the first instance utilize an immunochemical assay or radio immunoassay test (i.e., EMIT) on the employee's urine. If the initial test is positive for a controlled substance, the same urine specimen shall be subjected to a further test using the gas chromatography /mass spectrometry method for verification. A portion of the urine sample shall be retained for a second verification test at a facility selected by 100 the employee. If both the initial test and the verification test are positive for a controlled substance, the employee shall be notified of the results by the City. C. All blood /urine tests shall be conducted by a reliable state licensed clinical laboratory D. The Union President, Trea §urer or other official shall be notified within twenty -four (24) hours that the results of-the blood /alcohol test and the second verification sample are finalized. E. The City shall keep the results of any testing confidential, except as to disclosure to the Fire Chief, City Manager, the employee, or any individuals appropriately involved in any disciplinary proceedings. Furthermore, any results of positive testing which are later,r futed shall be affixed to the subsequent refutation. Section 7: Discipline Any employee who tests positive under the provisions of this Article, except per Section 3, or in the event that the reasonable suspicion arbitration is won by the employee, shall be terminated. 101 ARTICLE 50 DURATION OF AGREEMENT Section 1: It is understood by and between the parties that this Agreement shall be effective October 1, 1999, and shall continue until September 30, 2002. This Agreement shall be automatically renewed annually provided, however, that either party may give written notice, not later than 120 days in advance of the expiration date of this Agreement of its intention to renegotiate the Agreement. Section 2: Either party may reopen Article 23 Disability, Article 24 Communicable Diseases, Article 32 Leave of Absence and Article 49 Alcohol and Substance Abuse Policy by notifying the other party in writing between January 1, 2000 and January 30, 2000. The articles opened shall be combined into a Wellness Article after the negotiations and Impasse procedure has been conducted pursuant to Chapter 447, Florida Statutes. If Article 49 Alcohol and Substance Abuse.Policy is reopened, the City and the Union agree to discuss the implementation of a random drug testing policy to be included in the Wellness Article. Also, Article 26 Smoke Free Fire Service, Article 28 Sick Leave and Article 31 Bereavement Leave shall be incorporated into the Wellness Article. This re- opener will not result in the reduction of any economic benefits currently available to all bargaining unit members. 102 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Agreement this day of City of Palm Beach Gardens Carole Post Interim City Manager Peter T. Bergel Fire Chief Ratified by City of Palm Beach Gardens on the ,day of 1999. Confirmed by: Mayor, Palm Beach Gardens City Council 1999. PROFESSIONAL FIREFIGHTERS/ PARAMEDICS OF PALM BEACH COUNTY LOCAL 2928,IAFF,INC. Michael J. Mayo President Keith E. Bryer Negotiating Team Member Lance Logan Negotiating Team Member Jules Bolton Negotiating Team Member Steve Medford Negotiating Team Member Ratified by the Union on the day of 1999. Confirmed by: President, Professional Fire Fighters /Paramedics of Palm Beach County Local 2928,IAFF, 103 Inc. Aidm S 4,391 878.20 S 1,758.40 S 1,756.40 Blvins $2.021 a 6200 S- 697.50 $ 697.50 Bolton 3 4,964 S 98280 S 1,C-M---ao S 1?9!5_60 Brown 3 2212 $ 44240 $ 884,80 S 884.80 Sw S 3,075 S 615.00 S 1,230.00 $ 1,23000 Busew $ 5,353 $ 1,078.60 $ Z157M $2.157.20 craw S 2139 - $ 2,139.00 $ - S - OeRRa a 8= • a x,548.00 $ ? 'X" 00 $ 2.20200 Ounnaway S 3,598 $ 719.20 $ 1,438.40 $ 1,438.40 Ells $ 4,821 3 964,20 S 1,928.40 $ 1,928.40 Enwnger S 2.398 $ 479.60 $7 959.20 S 999.20 Fiore S 2139 S 2,139.00 S. - S - Flint $ 3,458 $ 691.80 $ 1,33320 $1,38320 GUUns $ 1,981 $ .39820 S 792.40 $ 79240 Goodson $ Z687 S 'A OO $ aaa M S 9n Habday S 2,887 S 577.40 S 1,154,80 $ 1,154,80 Harbhome $2.139 ' $ 2.139.00 S - $ - HatlM ` S 2177 S 2177.00, S - S - Haywood a 2,334 S 45ZBO $ 935.60 $ 93560 Heid $ 2,970 • $ 6ZB.00'. S 1,17200 $ 1,17200 Henry $ 31581 3 712.20 $ 1,424.40 $ 1,424,40 Hodges $ 5, K-34 $ 1,166.80 $ 233360 3 2,111_6O Hodgdns $ 1,325 S 295.00 $ 57�0 00 S 537.00 Haider S 675 3 135.00 $ 270.00 $ 270.00 Jansen S 309 $ 61.80 $ 12380 $ 12360 Jarred $ 3,010 S 60200 $ 1,20400 S 1,204.00 Jimenez S 8,574 • S 8,574.00 $ . - $ - Joyce S 4,381 S 876.20 S1,757-40 S 1,757.40 Kedy S 3,936 S 787.20 S 1,574.40 3 1,574.40 Kriedler $ 1,429 S 285.80 $ 571.60 $ 571.60 Kuczynsld 3 2832 • $ 2177.00' $ 327.50 $ 3Z7.50 Lamb S 1,709 S 341.80 S x_60 3 68:1.80 Licata $ 4,260 • S 1 x_00 $ 1,437.50 $ 1,437.50 Logan S 4,175 S 835.00 S 1,670.00 $ 1,670.00 Magnano S 2,139 • S 2.139.00 S - $ - Mande S 3,503 S =6O S 1,401= $ 1,401.20 MciaugMin 5 3,372 ' $ 1,16100 $ 1,168.00 S 1,168.00 Medford S 4,030 S 806.00 S 1,612.CD S 1,61200 Mendez S 2139 • S 2.139.00 $ - $ - Minor S 3,742 S 748.40 S 1,49$ -80 $ 1,496.80 Mor+ejon S 4,456 S 891.20 $ 1,78240 S 1,78240 Murphy S 3.055 S 611.00 $ 1,Y" no $ 1,222.00 Murry S 3,034 $ 608.80 $ 1,213.60 S 1,21360 a8rien S 3,663 S 3,46500 S 99.00 $ 99.00 Olilff S 4,136 S 827.20 $ 1,65440 S 1,654.40 Pl:iu uvlch $ 3,484 S 895M $ 11351.60 $ 1, 3.60 Peftu= M. 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CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 18, 1999 Date Prepared: October 27, 1999 Subject/Agenda Item First Reading: Ordinance 47, 1999: Publix Expansion at Oakbrook Square Shopping Center. Proposal to rezone 20.35 acres from CG -1, General Commercial to PUD, Planned Unit Development. Recommendation/Motion: Staff recommends approval of the First Reading of Ordinance 47, 1999 Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] ACM 414) Current FY [ ] Approved w/ conditions [ ]Denied Advertised: Funding Source: [ ] Continued to: Finance NA Date: [ ] Operating Attachments: Human Res. NA Paper: [ ] Other Ordinance - -, 1999 Other NA Sign Detail Site Plan Landscape Plans Elevations City Engineer Comments Letters from staff [ ] Not Required Applicant letter Submitted by: ZCh Ge arties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required Publix at Oakbrook Square REQUEST: City Council November 18,1999 Page 2 Petition PUD- 99 -10: Mr. Henry Skokowski of Urban Design Studio and as agent for Oakbrook Square Shopping Center Corporation, is requesting a rezoning of a 20.35 -acre site from CG -1, General Commercial, to PUD, Planned Unit Development, to allow for the renovation and 10,987 - square foot expansion of a Publix grocery store at the Oakbrook Square shopping center. The site is located at the northeast corner of PGA Boulevard and U.S. Highway One. (4- 42S -43E) BACKGROUND: Oakbrook Square Shopping Center, an existing 20.35 -acre shopping center, originally received Site Plan approval on December 7, 1973, for 192,560 square feet, including a free - standing bank at the northwest corner. Since that time, two other stores at the shopping center have been renovated. A second floor was added to Jacobson's Department Store in 1987, and Roly's Restaurant was renovated more recently and outdoor seating added in 1999. The current owner of the property, Oakbrook Square Shopping Center Corp., purchased the site in 1996, and since that time has received administrative approval for several upgrades to the project including a renovation of the interior courtyard, refurbishing of the facade of the main plaza including the construction of a porte cohere, upgraded parking lot lighting, the replacement and upgrade of the corner project signage, and landscaping upgrades and replacement. The petitioner is requesting, as part of this application, approval to upgrade the landscaping at the entrance and areas adjacent to the service drive aisle. REVIEW PROCESS: This is a request for rezoning and PUD approval for the renovation and 10,987 square -foot expansion of the existing Publix grocery store. The PUD request is reviewed by the Development Review Committee, who 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. A First Reading is held; then the City Council holds a public hearing after giving due public notice. The City Council reviews the request for approval, approval with conditions, or denial. Publix at Oakbrook Square City Council November 18, 1999 Page 3 This project falls within the PGA Boulevard Corridor Overlay District; therefore, staff has reviewed the plans against those standards. Since this is an older, existing project, some waivers are being requested. (See discussion below.) LAND USE AND ZONING: The "Vision" and the Future Land Use designations for this site are both Commercial (C). The current zoning designation of the property is CG -1 General Commercial.. The applicant is requesting Planned Unit Development District rezoning approval, as required by City Code when a project falls under the jurisdiction of the PGA Boulevard Corridor Overlay Zone. The property is bounded on the east by Hidden Key, a residential development with a zoning designation of RS - Residential Single Family, located in the jurisdiction of Palm Beach County. The Hidden Key Condos, also to the east, are located within Palm Beach Gardens with an RH zoning designation. To the north the site is bounded by the Golden Bear Plaza office complex which is in the jurisdiction of Palm Beach Gardens and has a zoning designation of PO - Professional Office with PUD approval. To the west the site is bounded by U.S. Highway 1 and commercial properties located in Palm Beach County; to the south by PGA Boulevard and commercial property within the City of Palm Beach Gardens; and the Twelve Oaks Condominium which is under the jurisdiction of the County. Existing Zoning and Land Use Designations & Site Analysis ESI USES USE PFUTURELAND ,:T.n Subject Property Shopping Center Commercial (CG -1) Commercial (C) North Office Complex Professional Office/PUD Professional Office (PO) (PO) South PGA Boulevard Commercial Retail Commercial (CG -PBC) Commercial (C -PBC) Residential (12 Oaks Condo) Residential High (RH -PBC) Residential High (RH -PBC) East Residential (Hidden Key) Residential Single Family Residential Single Family (RS -PBC) (RS -PBC) Residential (Hidden key Residential High (RH -PBG) Residential High (RH -PBG) Condo) West Publix at Oakbrook Square US Highway 1 Commercial PROJECT DETAILS: Commercial (CG -PBC) City Council November 18, 1999 Page 4 Commercial (C -PBC) The proposed renovation of the Publix grocery store will include an additional 10,987 square feet which is less than 5% of the currently approved 223,379 square footage for the center. A. B. Site Location The site is located at the northeast corner of PGA Boulevard and U.S. Highway One. (4- 42S-43E) Land Development Regulations require that any project seeking a Development Order within the PGA Boulevard Corridor Overlay shall rezone to the Planned Unit Development zoning district. This project meets the purpose, intent, use, and requirements of the PGA Boulevard Corridor Overlay. Proposed Building Expansion This application is requesting approval to allow the renovation and expansion of the existing Publix grocery store located at the Oakbrook Square Shopping Center. The Publix store has existed in its current configuration for almost 20 years. The intent of this application is to allow the store to modernize and upgrade both the interior and exterior. The proposed interior renovations will include increasing the widths of the aisles, improving circulation, and upgrading coolers and deli operations. The exterior renovations include the enclosure of the front vestibule and the addition of architectural treatments to the facade. C. Site Analysis Due to the proximity of this site to PGA Boulevard, the applicant is required to request Planned Unit Development approval as a result of their desire to obtain approval for the Publix at Oakbrook Square City Council November 18,1999 Page 5 expansion to Publix. Because the application is being processed as a Planned Unit Development, all aspects of the site must be reviewed for compliance with current codes. As part of the Planned Unit Development process, the petitioner may request waivers for certain non - conforming attributes on the site. See attached site analysis chart. D. Waivers Due to the age of the facility, there are several attributes of the site which met codes at the time of construction but do not conform to the current code. Some of these are valid non - conforming uses and some require waivers. The ground signs were given variances, which run with the land, in 1992 and 1984. Please see attached memo from Jack Hanson, Building Official, concerning the ground signage. In a Planned Unit Development, strict adherence to the Code is often relaxed in exchange for other benefits. In LDR Section 118 - 2130), PUD Districts - Waivers, it states: "A waiver is considered for innovative design whereby other minimum standards are exceeded." The following is a list of requested waivers from code, which have been requested by the applicant: Building Height Waiver: The applicant is requesting a waiver to allow the maximum height of the building to exceed the 36' maximum allowed by code. The existing height of the Publix is 29'4 ". The applicant is proposing to add an architectural feature in the center of the grocery store facade which will be 39'10" in height at its peak. The balance of the facade will be 32' or less in height. Other portions of the existing shopping center currently exceed 36' in height. For example, the west elevation of Jacobson's is 46' in height and the arch on the entrance portal is 44'6 ". Bicycle Parking Waiver: The code requires that a shopping center provide bicycle parking spaces equal to 5% of its required vehicular parking. This center has 30 existing bicycle parking spaces which the petitioner indicates are rarely used due to the clientele of the center. The petitioner is requesting a waiver to allow a reduction in the required number of bicycle parking spaces form 59 spaces to 30. Wall Signage Size Waiver (South Elevation): The Code states in part that an occupant of a portion of a building is allowed one flat/wall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. However, the letter height of the second sign shall not exceed 24 ". The applicant is Publix at Oakbrook Square City Council November 18,1999 Page 6 requesting a waiver for the letter height of the Publix sign facing PGA Boulevard to be the same height (36 ") as the proposed sign on the east (US 1) elevation. Landscape Waivers (4) : The site meets the Code with regard to the number of points required in landscape materials. (1) Regarding the requirement that every parking space shall be within 40 feet of a tree, there are 34 existing spaces that do not meet this requirement. Of the 34 spaces, 4 are located to the south of Publix and the remainder are located in the rear of the center. The petitioner has reduced the number of spaces that were more than 40' from a tree as a result of the Publix expansion and the redesign of the parking area on the south side. (2) The Code requires that 90% of the landscape materials in areas that are designated to be in the Coastal Zone must be native. The northeast corner of the parking lot of this site has been designated Coastal Zone due to its proximity to a tidal basin. The existing plant material in this corner is non - native plant material. (3) The landscape buffer along PGA Blvd. varies in width, with its smallest dimension being 5'. The petitioner has agreed to provide for additional landscaping to meander inside the right -of -way from the outside edge of the sidewalk. This type landscaping is allowed through agreement with FDOT. The landscape design for the roadway landscaping is consistent with the design approved for the City Center project across the street. The 55' landscape buffer required as part of the PGA Overlay does not apply to this property because the requirement to provide the buffer does not extend to properties east of Prosperity Farms Road. The 5' landscape buffer along the US 1 frontage includes a hedge and mature trees. The applicant has also agreed to install and maintain landscaping within the median of US 1 in front of the center. The 5' landscape buffer on the north side of the project separates the parking lot from the Golden Bear Plaza parking lot, which also has a 5' landscape buffer. (4) The applicant would like to request a waiver to allow the carrotwood trees to remain since the residents of the development to the east have expressed their strong desire that the City allow the trees to remain in their current location. The trees provide a significant visual and noise barrier between the center and the residents. Following a field investigation on October 5, 1999, of the carrotwood trees along the east property line, Mr. Hendrickson states he would be in favor of a waiver to allow the trees to remain. E. Existing Valid Non - Conformities (no waivers required) Publix at Oakbrook Square City Council November 18,1999 Page 7 Special Buffer (rear /east): A 15' buffer is required by Code; however, the existing buffer is only 10'. The landscape buffer on the east side of the property is abutting the Hidden Key residential community, located within the jurisdiction of Palm Beach County, and includes a CBS wall. The petitioner, at the request of staff, has agreed to install a hedge along the inside of the wall at the eastern most entrance. Parking Spaces (9' and 9.5' wide): Of the total number of parking spaces in the overall center (1188), 60 spaces (or 5 %) are 9'x 18.5', 129 spaces are 9.5'x 18.5' (11 %), and the balance of the 999 spaces (84 %) are 10' x 18.5'. This is a valid non - conforming use. The 9' wide spaces are located at the bank, and along the east property line to the north of Jacobson's. The 9.5' spaces are generally located in front of the main center blended together with the 10' wide spaces. The site currently has 18 parking spaces above the code requirement. PLANNING & ZONING COMMISSION: September 28, 1999 No comments were received from the public at this Public Hearing. This project was reviewed by the Planning and Zoning Commission, and a number of comments were made as follows: • connect the center to US 1 and Highway 703 (PGA Boulevard) by internal sidewalks • convert extra pavement near Highway 703 (PGA Boulevard) entrance to green area • remove carrotwood trees at northeast corner, if feasible • staff should verify that the proposed colors match the existing center • be sure that the proposed metal roof slope matches existing roof • what is planned for the rest of the center's buildings? • roof plans for Publix are needed • provide pictures of the overall center The petitioner responded to the Commission's comments as follows: The elevation colors of Publix will match the colors being proposed for the entire center. Currently these colors have been used in the courtyard and on Roly's. As the center is renovated in phases, all facades will be painted to match the new colors. Color chips will be provided at the meeting. A roof plan has been provided indicating the proposed roof material for the sloped portion of the Publix peak, which has been changed to match Roly's roof tile material. Please note the height of the peak of the roof has been reduced to 39'10". It has been noted on the roof plan that the roof top equipment will be screened with a pre - finished Publix at Oakbrook Square City Council November 18, 1999 Page 8 ribbed metal screen fence, at a height equal to the height of the equipment in a color to match the building. A concept plan has been submitted depicting the proposed future character of the entire shopping center fagade. The applicant intends to continue the fagade treatments established at Roly's, in the courtyard, and Publix by extending the architectural banding, removing the tile on the front fagade, and by adding architectural columns and fabric awnings. Regarding Eckerd's, the applicant plans to replace the windows, continue the banding, and reconfigure the entry to include a canopy overhang. The applicant plans to begin the remainder of the fagade improvements, as presented with this application, next summer during the off - season. A photograph "montage" of the existing fagade of the center has been submitted. The site plan has been amended by the addition of three sidewalk connections, one at each of the three main entry points, adjacent to the driveways. Handicap access ramps have been included in the design of the amended Publix entry. The landscape plan has been amended to show the removal of pavement area and the addition of grass in the corner adjacent to the southern entry. The ground signs located in the entry islands and at the bank are all internally backlit signs. The sign located at the corner of the intersection of PGA Boulevard and US is lit by two 4' fluorescent up- lights. Landscape lighting will be provided for the entry median, and the parking lot lighting is existing and has recently been upgraded to meet City standards. The size of the " Publix" wall sign has been reduced to meet City Code. The maximum letter height will be 36" and the sign face will be 62 square feet. An additional sign is now proposed for the south side of the building facing PGA Boulevard. This sign is proposed to be the same size as the front elevation sign, which would require a waiver, since the second elevation sign may only be 24" high according to City Code. The landscape plan has been amended to adjust the points allocated to the carrotwood trees. PLANNING AND ZONING COMMISSION: October 12, 1999 At the October 12, 1999 meeting, the Planning and Zoning Commission discussed access ways for the handicapped as required under the ADA, screening of the roof top equipment, signage requirements, and future approvals of the remaining facade of the center, colors of future improvements, and proposed landscaping. After extensive Publix at Oakbrook Square City Council November 18,1999 Page 9 discussion, the Planning and Zoning Commission recommended this petition to City Council with the following conditions: 1. City Forester and Landscape Architect of Record shall confirm that all approved landscaping has been installed prior to final Building inspection approval. 2. Oakbrook Square Shopping Center shall be responsible for the maintenance of all roadway landscape within PGA Boulevard and US 1 per the approved landscape plans. 3. The three (3) sidewalk connections shall be modified to connect the perimeter sidewalk with the interior driveway by moving the connector sidewalk as necessary to avoid passing between two parking spaces, with a minimum width of three feet to pass between the two parking spaces. 4. Prior to City Council consideration, the City shall confirm the requirement as to ADA access to the site. If at least one ADA access is required to the site, it shall be provided along the PGA Boulevard entrance driveway. 5. Roof top equipment screening be more defined prior to City Council meeting and shall include a continuous metal equipment screen around at least three sides of the equipment. 6. The elevations presented on the balance of the shopping center, including the Eckerd's, shall meet the intent of compatibility with the newly improved and proposed Publix but the details, including roof plan and floor plan modifications, shall be processed separately. 7. All banding details on the front and side elevations of the Publix shall be further defined in the drawings to be a minimum of 2" differential out from the adjacent stucco area. 8. The height of the cornice details on the Publix shall be no less than 30 inches as shown on the plans, and the face of the cornices shall have a minimum of 2" reveal at the bottom, i.e. shall be built out 2 inches from the wall. The Planning and Zoning Commission also recommended approval of all requested waivers to the City Council. Since the meeting of October 12, 1999, the petitioner has addressed the comments made by the Commissioners at that meeting and submitted new plans as noted in the attached memo dated October 27, 1999, from Anne Booth of Urban Design Studio. All conditions have been satisfied with the exception of condition #4 which addresses the Americans with Disabilities Act (ADA) Publix at Oakbrook Square City Council November 18,1999 Page 10 requirement. Please see memos attached from City Engineer and City Attorney dated October 22, 1999, regarding this subject. The City Attorney has given the opinion that the petitioner "must comply with the ADA and the Florida Accessibility Code for Building Construction by providing a sidewalk connection from the site of alteration to the surrounding public sidewalk." To date, the petitioner has not submitted a site plan addressing this condition. In order to satisfy the Planning Commission's request that the balance of this center would be renovated in a manner consistent with the Publix, the petitioner has presented the City with fairly detailed fagade plans and elevations for the overall shopping center, for informational purposes. STAFF COMMENTS: Assistant City Engineer Sean Donahue has stated a driveway connection between the south parking area and the rear of the center, as suggested at the September 28, 1999, Commission meeting, would not be feasible because it would conflict with an existing utility lift station. In response to memo dated October 6, 1999, the applicant has agreed: • to provide written approval from the appropriate utility company prior to placement of landscaping (trees) within their easements, and • to move stop signs off the sidewalk and into adjacent landscaped areas. The Assistant City Engineer has withdrawn his request for wheelstops for parking stalls because the parking spaces are existing valid non - conformities. Seacoast Utility Authority has reviewed the project and has indicated that they will review the detailed water and sewer plans to address a possible upgrade to the existing fire line at the time of construction. City Forester Mark Hendrickson has reviewed the plans and has requested that the petitioner landscape and maintain the median within US 1. He has also worked with the petitioner regarding other landscape upgrades, including installing a hedge along the inside of the wall at the eastern most entrance, and additional landscaping within the right -of -way along PGA Boulevard. The applicant has agreed to these requests. As noted under the "Waivers" section, Mr. Hendrickson states he would not be in favor of removing the carrotwood trees, which provide an amenity and a buffer for the property owners to the east. The Police Department has indicated that the lighting locations should not conflict with landscaping, that adequate lighting be provided around the perimeter of the building and pedestrian walkways, and that the bike racks be located close to the building. The petitioner has agreed to these requests. Publix at Oakbrook Square City Council November 18, 1999 Page 11 The Fire Rescue Department had no comments or concerns at this time. Building Official Jack Hanson has reviewed the revised plans and states the revisions comply with he the building codes. RECOMMENDATION: Staff recommends approval with the following conditions: 1. City Forester and Landscape Architect of Record shall confirm that all approved landscaping has been installed prior to final building inspection. 2. The owners of Oakbrook Square Shopping Center shall be responsible for the maintenance of all roadway landscape within PGA Boulevard and US 1 adjacent to the property, per the approved landscape plans. 3. The elevations presented on the balance of the shopping center, including the Eckerd's, shall conform with the newly improved and proposed Publix; but the details, including roof plan and floor plan modifications, shall be processed separately. 4. ADA access shall be provided along the PGA Boulevard entrance driveway. DEPARTMENTAL COMMENTS: Planning & Zoning Division Staff supports the requested waivers. Seacoast Utility Authority_ No concerns - see above. City Engineer City Forester See above comments. Police Department No concerns Fire Department No concerns Publix at Oakbrook Square Building Division No concerns. City Council November 18,1999 Page 12 Publix at Oakbrook Square City Council November 18,1999 Page 13 h SITE ANALYSIS�PEl'I1, 07 Pull 991,0; k RENCIVAl "Iya— ... Use: PUD (CG-1) Allowed Proposed Compliance Waiver Requested Open Space minimum of 15% 16% yes Minimum Building Site 1 acre 20.35 acres yes Minimum Site Width 100 feet 603.73 feet (Avg.) yes Maximum Building Lot 35% 26.3% yes Coverage Maximum Height Limit 36 feet 29'4" feet (existing Publix) no yes 39'10" (proposed Publix) 46' (Jacobson's) - existing SetbacksT ft Front (PGA Blvd) 50 feet 190'11" (existing) yes Side (Hidden Oak) 15 feet 55 feet yes Side Facing Street 40 feet 254'1 yes (US Highway 1) Rear (Golden Bear) 15 feet 307 feet yes - Parking ., .. e € A"" 3 Sk �" ji . ,.. ,. Number Required 1170 (24 accessible) 1188 (26 accessible) yes Stall Dimensions 10 feet x 18.5 feet 9'x 18.5" (60 = 5 %) valid non 9.6' x 18.5'(129 = 11 %) conformi- 10' x 18.5'(999 = 84 %) ty All substandard spaces are existing Grouted Sg�s 0 �aq 3 existing - Oakbrook Granted Number Allowed 3 (1 for 300 feet of ROW frontage, + 1 per Variances additional 700 feet ROW 11 -5 -92 & frontage) 1 existing - Bank 1 -11 -84 Setbacks 15 feet -from ROW line 20'-from ROW lines for yes 50 feet -side property line corner sign, 15' from ROW unless adjacent to another for two entry signs facing Ground Sign (Cont'd) US 1, 5'5" for bank sign (all Bank Publix at Oakbrook Square City Council November 18, 1999 Page 14 Mi 3S�ITE �iNLYSI PE'ITION�['ITD 9910, Allowed Proposed Use: PUD (CG-1) Compliance Waiver Requested Setbacks public right -of -way existing) granted variance 1/11/84 Dimensions 15 ft length/10 ft height 15 ft length/ 10 ft height yes maximum, 60 square feet maximum, 60 square feet face area maximum face area maximum Publ wall�signs: I Wk Number Allowed 1 west elevation - below 1 - below 2 °d floor yes 2 °d floor 1 south elevation - below 1 - below 2nd floor yes 2nd floor Sign Face- west Not to exceed 3% of area Less than 3 %/below the 4d' yes elevation below 4`b floor or 90 sq ft. floor /62 s.f. whichever is less Sign Face - south Less than 5% gross area of yes elevation Not to exceed 5% gross elevations of tenant's area of elevations of space /62 s.f. tenant's space Letter Height - west 36" Publix Supermarket elevation 36" height/62 s.f. yes Letter Height - 24„ Publix Supermarket u no yes south elevation 36" height/62 s.f. landing ir 6 c =�� Buffers North (PO) = 8' North = 5' (existing) no- existing yes South (PGA Blvd) = 15' South = 5' min. (existing) West (US 1) = 15' West = 5' (existing) valid non - Special buffer (rear) East (Residential) = 15' East = 10' (existing) conformi- ty Tree Spacing Every parking space 1154 parking spaces within no- existing yes within 40 feet of tree. 40 feet of tree, 34 spaces Tree Spacing (Cont d) more than 40' from a tree Publix at Oakbrook Square City Council November 18,1999 Page 15 t �- SITEANLY I,SPETITIONPLlIl9910, y O ' RO®K SQtih 'ARE PUBlIX € REUz'VATID .NS Allowed Proposed Compliance Waiver Use: PUD (CG-1) Requested Native Planting 90% of planting in Existing planting is not no- existing yes Coastal Zone to be native native (NE comer only) Carrotwoods No Existing trees are prohibited no- existing yes Points 26,948 29,335.4 yes k4 m�-i'n 2 Mss "cellaneous F IN g 4 ^4 Bicycle Spaces 5% of required parking 30 spaces (existing) no yes (59 spaces) Rooftop Equipment Section 118 -303 Existing rooftop mechanical yes Screening Mechanical and service equipment is screened 100 %, equipment screening: any new equipment will be "..This equipment shall screened 100% be located so as not to be visible from any street or adjoining property.." November 18, 1999 ORDINANCE 47, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF OAKBROOK SQUARE SHOPPING CENTER CORPORATION FOR REZONING OF A 20.35 -ACRE SITE FROM CG-1, GENERAL COMMERCIAL, TO PUD, PLANNED UNIT DEVELOPMENT, AND APPROVAL OF THE RENOVATION AND 10,987 SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY STORE AT THE OAKBROOK SQUARE SHOPPING CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Oakbrook Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A" attached hereto, to PUD, Planned Unit Development; and WHEREAS, this project received original Site Plan approval on December 7, 1973, by the Site Plan Review Committee under existing CG -1 zoning; and WHEREAS, the 20.35 acres of land involved are presently zoned as CG -1, General Commercial, with a land use designation of Commercial; and WHEREAS, the City's Growth Management Department has recommended approval of the renovation and 10,987 square -foot expansion of a Publix Grocery Store at the Oakbrook Square Shopping Center; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City's Planning and Zoning Commission has recommended approval of this petition subject to several conditions. 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 application of Oakbrook Square Shopping Center Corporation for rezoning of 20.35 acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly Ordinance 47, 1999 Publix at Oakbrook Square described in Exhibit "A" attached hereto; from CG -1 General Commercial to Planned Unit Development, and for the approval of the renovation and 10,987 - square foot expansion of a Publix grocery store at the Oakbrook Square shopping center. 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. All approved landscaping shall be installed prior to final Building inspection approval. 2. The applicant, or its successors and/or assigns shall maintain all landscape improvements located in the right -of -way adjacent to the property along PGA Boulevard and U.S. Highway One, per the approved landscape plans. 3. American Disabilities Act (ADA) access shall be provided along the PGA Boulevard entrance driveway, prior to final Building inspection approval. SECTION 3. The following waivers are hereby granted with this approval: A. Waiver from LDR Section 118- 206(f) Building Height Limit. "No structure shall exceed 36 feet in height ", to allow a building height of 39'10" at its peak. B. Waiver from LDR Section 118 -539 Number of Bicycle Parking Spaces Required. "A shopping center shall provide bicycle parking spaces equal to 5% of its required vehicular parking ", to allow the 30 existing spaces to remain instead of increasing the number of spaces to 59. C. Waiver from Section 110 -37(c) Flat /wall signs, which states, in part, the letter height of a second sign on another elevation shall not exceed 24 ", to allow the letter height of the second sign (facing PGA Boulevard) to be 36" in height instead of 24 ". D. Waiver from Section 98 -68(a) Parking areas, of the Landscape and Vegetation Protection Code, which states that every parking space shall be within 40 feet of a tree, to allow the existing 34 spaces which are more than 40 feet from a tree to remain as they are and not be required to plant additional trees. E. Waiver from Section 98 -72(c) Planting, which states that 90 percent of the landscape materials in areas that are designated to be in the Coastal Zone will be native species, to allow the existing non - native vegetation to remain. 2 Ordinance 47, 1999 Publix at Oakbrook Square F. Waiver from Section 98 -72(a) Planting, which states a landscaped buffer shall be a minimum of eight feet in depth around the perimeter of a parcel; provided, however, that a landscaped buffer of 15 feet in depth shall be required on lands located adjacent to public street right -of -way, to allow the existing 5' buffers on the north, south, and west sides, and the 10' existing buffer on the east to remain. G. Waiver from Section 98 -71(a) Prohibited plants; removal of invasive nonnative plants, which states, in part, that carrotwood (cupaniopsis anacardioides) trees shall be removed from all open space in their entirety from the entire site, to allow the existing carrotwood trees on the east property line to remain. SECTION 4. The renovation and expansion to the Publix grocery store within the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. October 3, 1999 Site Plan, Urban Design Studio, 1 sheet. 2. October 21, 1999 Existing and Proposed Landscaping Plan, Urban Design Studio, Sheet LS -1. 3. August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet LS -2. 4. February 15, 1999 U.S. Hwy #1 Entry Demo/Preservation Plan, UDS Sheet E -2. 5. October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UDS Sheet E -3. 6. February 15, 1999 . U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E -4. 7. February 15, 1999 U.S. Hwy #1 Entry Grading and Elec. Box, UDS Sheet E -5. 8. September 23, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet. 9. October 22, 1999 Roof Plan, CentreCorp, 1 sheet. 10. October 22, 1999 Elevations Plan, S.Coler Lee & Associates, 1 sheet. 11. October 25, 1999 Architectural Details,Urban Design Studio, Sheet A -l. 12. October 03, 1999 Proposed Fagade Character, Urban Design Studio Sheet A -2. 3 Ordinance 47, 1999 Publix at Oakbrook Square 13. September 1, 1999 Architectural F1oodLyte Vertical Flood Cut Sheet, WA3 -VF, WB3 -VF with shroud, 2 sheets. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER '1999. PLACED ON SECOND READING THIS DAY OF '1999. PASSED AND ADOPTED THIS DAY OF , 1999 SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 4 Ordinance 47,1999 Publix at Oakbrook Square VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Ordinance 47,1999 Publix at Oakbrook Square Exhibit "A" Legal Description N ORB ►5' :� P-3 854 Schedule 1 LEGAL DESCRIPTION PARCEL 1: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF_.SECTION 4, A DISTANCE OF 1,101.47 FEET TO THE INTERSECTION THEREOF WITH THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1); THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5, A DISTANCE OF 50.50 FEET TO THE INTERSECTION THEREOF WITH THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5, A DISTANCE OF 736.56; THENCE SOUTH 78 DEGREES, 00 MINUTES, 51 SECONDS EAST A DISTANCE OF 590.67 FEET TO THE INTERSECTION THEREOF WITH A LINE PARALLEL WITH AND 590.67 FEET EASTERLY FROM, AS MEASURED AT RIGHT ANGLES TO, THE SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5; THENCE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 613.19 FEET TO THE INTERSECTION THEREOF WITH SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703; THENCE NORTH 89 DEGREES, 48 MINUTES, 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703, A DISTANCE OF 603.47 FEET TO THE POINT OF BEGINNING. PARCEL 2: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; RUN THENCE ALONG THE EAST AND WEST QUARTER SECTION LINE OF SAID SECTION 4, NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 1,101.47 FEET, MORE OR LESS, TO THE EASTERLY LINE OF A PUBLIC RIGHT -OF -WAY, KNOWN AS STATE ROAD NO. 5 AND /OR U.S. HIGHWAY NO. 1; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 787.06 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 762.94 FEET; THENCE ALONG A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF *SECTION . 4 NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 603.99 FEET TO THE WESTERLY BOUNDARY LINE OF HIDDEN KEY NORTH; THENCE ALONG SAID BOUNDARY LINE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST 888.83 FEET; THENCE NORTH 78'00'51" WEST 590.67 FEET TO THE POINT OF BEGINNING. *Said TOGETHER WITH.a non - exclusive easement for drainage purposes over, across and under the following two (2) described parcels: . i 1 ORB . 59]-21 Pe 855 DRAINAGE PARCEL. 1: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE INTERSECTION OF THE EASTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY NO. 1 (STATE ROAD NO. 5) WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, RUN NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 1,550.00 FEET; THENCE NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST A DISTANCE OF 582.89 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44 DEGREES, 35 MINUTES, 16 SECONDS EAST A DISTANCE OF 26.39 FEET; THENCE NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST A DISTANCE OF 73.65 FEET; THENCE SOUTH 00 DEGREES, 02 MINUTES, 40 SECONDS EAST A DISTANCE OF 12.00 FEET; THENCE SOUTH 89 DEGREES, 57 MINUTES, 20 SECONDS WEST A DISTANCE OF 68.63 FEET; THENCE SOUTH 44 DEGREES, 35 MINUTES, 16 SECONDS WEST A DISTANCE OF 9.53 FEET; THENCE SOUTH 89 DEGREES, 57 MINUTES, 20 SECONDS WEST A DISTANCE OF 16.86 FEET TO THE POINT OF BEGINNING; LESS ANY PORTION OF SAID PARCEL WHICH MAY LIE EAST OF THE WESTERN BOUNDARY LINE OF HIDDEN KEY NORTH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 28, PAGE 129, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DRAINAGE PARCEL 2: THE WEST HALF OF THE SOUTH 783.56 FEET OF THE FOLLOWING RIGHT -OF- WAY: A STRIP OF LAND FORTY -EIGHT (48) FEET IN WIDTH LYING TWENTY - FOUR (24) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGIN AT THE NORTHEAST CORNER OF LOT 13, HIDDEN KEY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 27, PAGE 243; THENCE RUN NORTHERLY, ALONG THE WESTERN BOUNDARY LINE OF HIDDEN KEY NORTH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 28, PAGE 129, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 1,721.13 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF LOT 18 OF HIDDEN KEY NORTH; THENCE ALONG THE NORTHERN BOUNDARY LINE OF HIDDEN KEY NORTH TO THE NORTHEAST CORNER OF LOT 17 AND THE WATERS OF LITTLE LAKE WORTH AND THE END OF SAID CENTER LINE. TOGETHER WITH any and all rights, easements and interests appurtenant thereto, including, but not limited - t - o, any streets or other public ways adjacent to the above- described real poperty, and any water or mineral rights owned by, or leased to, grantor, including all of grantor's right, title, interest and privileges, if any, in and to any land lying in the bed of any street, road, avenue, alley or passageway, opened or proposed, public or private, in front of or adjoining the above- described real property and any awards made or to be made in lieu thereof and in and to any unpaid award for damage to the above described real property by reason of change of grade of any street. �VVN CITY OF PALM BEACH GARDENS Growth Management Department /Building Division MEMORANDUM Date: November 1, 1999 To: Jackie Holloman - Planning hnici 7 From: Jack Hanson - Building Of _� Subject: Oakbrook Square Facade EI ations I have examined the drawings and documents for the Oakbrook Square fagade changes on the U.S. #1 elevations and I have no problems in terms of the building codes. Anne Booth of Urban Design Studios is going to be submitting a cut sheet and a narrative to explain )(the terms EIFS and EPS. Should you desire further information, please contact me. oakbrooksgwrefacade City of P.B. Gardens NOV 1 1999 GROWTH MANAGEMENT DEPARTMENT I 1 MEMO TO: Jackie Hollo an FROM: Anne Boot DATE: October 27, 1999 SUBJECT: Oakbrook Square Facade Elevations Cast- . -Yo Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Attached please find 8 copies of each of the following plans: • Publix Elevations - This .plan has been amended to include the elevation of the roof top screening detail • Architectural Details - This plan has been prepared to provide the City with additional detail information with regard to the proposed facade renovations. • Proposed Facade Character - This plan has been amended to reflect the color palette proposed for the facade improvements I hope with the submission of these additional details, that enough information has been provided to allow the City Council to condition the approval of the PUD to allow approval of the facade modification plans by the Site Plan and Appearance Review Committee. I would like to discuss this option and condition further once you have had a chance to review the plans. Please let me know if you have any questions regarding the attached. City of P Gardens 8VT 27 1999 GRpwT H EAAR741ENF '4 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 v . j ^~1 M E M O R A N D U M WATTERSON, HYLAND & KLE1T, P.A. To: Jim Norquest 4 From: Andrew Pineiro, City Attorney Of P.B.G. OCT 25 1999 Subject: Oakbrook Square alterations /ADA p��NtNG File No: 319.058 6' ZONING Date: October 22, 1999 You have requested a legal opinion regarding whether the proposed alterations at Oakbrook Square trigger the ADA and the Florida Accessibility Code for Building Construction with respect to accessibility requirements, specifically, sidewalk access from the surrounding public sidewalk. After examining the ADA (42 U.S.C.A. § 12101, et seq.), the Code of Federal Regulations (28 C.F.R. § 36.102 et. seq.), and the Florida Accessibility Code for Building Construction, I provide the following opinion and basis for that opinion: 1. 28 C.F.R. § 36.402(b) defines an alteration as "a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof." 2. 28 C.F.R. § 36.402(a)(1) states that "[a]ny alteration to a place of public accommodation or a commercial facility ... shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities ...." 3. 28 C.F.R. § 36.403(a), titled Alterations: Path of travel, states generally that "[a]n alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area. . [is] readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration." 4. 28 C.F.R. § 36.403(e) defines "path of travel' as a "continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. Jim Norquest/Oakbrook Square October 22, 1999 Page 2 5. Section 4.1.6 of the Florida Accessibility Code for Building Construction states that alterations to existing buildings and facilities shall a) not decrease or have the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction at the time of alteration, and b) if existing elements, spaces, or common areas are altered, then each such area shall comply with the Minimum Requirements for New Construction (Section 4.1.6(b) of the Florida Accessibility Code for Building Construction, which requires compliance with the applicable provisions of 4. 1.1 to 4.1.3). 6. Section 4.1.2 of the Florida Accessibility Code for Building Construction requires that at least one accessible route complying with 4.3 (see Florida Accessibility Code for Building Construction) shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones of provided, and public streets or sidewalks, to an accessible building entrance. 7. 1 NOTE: 28 C.F.R. § 36.403(f) states that "[a]lterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area. 8. Based upon the foregoing, I conclude that the Petitioner must comply with the ADA and the Florida Accessibility Code for Building Construction by providing a sidewalk connection from the site of alteration to the surrounding public sidewalk. cc: Carole Post, Interim City Manager P:\ CP \HISTORY\1091\308.DOC(319.058) t &bf 0 TO: Jim Norquest LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS INTERNAL MEMORANDUM FROM: Sean C. Donahue DATE: October 22, 1999 SUBJECT: Publix @ Oakbrook City Ot P.B.G. OCT 25 1999 PLANNING ZONING No. 99 -4054 PBG File No. PUD -99 -10 In response to our telephone on October 21, 1999, we have reviewed the October 1997 edition of the Florida Accessibility Code for Building Construction in order to determine the sidewalk requirements for the referenced site. We offer the following comments: Section 4.1.5 of the Code states that each space or element added to the existing building or facility shall comply with the applicable provisions of 4. 1.1 to 4.1.3, Minimum Requirements (for new construction) and the applicable technical specifications of 4.2 through 4.3 5 and sections 5 through 10. 2. Paragraph 1 of Section 4.1.2 states that at least one accessible route complying with Section 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones, and public streets or sidewalks, to an accessible building entrance. 3. Based on Items 1 and 2 above, it appears that the applicant is required to provide an accessible route from the sidewalk or Public Street to the building entrance. 4. Section 4.6.2 discusses the location of the parking spaces on a site. It states that an accessible route of travel should be the shortest route from adjacent parking to an accessible entrance. Therefore a route should be provided from the handicap spaces on the south side of the parking lot to the entranceway. 5. Section 4.6.2 also states that all spaces must be located on an accessible route no less than 44 inches wide so that users will not be compelled to walk or wheel behind parked vehicles. Therefore, a drive isle inside a parking lot does not appear to be an applicable accessible route. SCD /ms cc: Roxanne Manning Andrew Pineiro - Watterson, Hyland, & Klett, P.A. P:%PROJECTS\PBGME?AO41054W054p 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 hftp: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE PETITION PUD -99 -10 PUBLIX EXPANSION AT OAKBROOK SQUARE -FE-=j M �J 023 1 t A*q �t I Vi 31 PUID/PO "b' C r..:t5'.y- ...� � s y.ry a �.O �x �4 � I , , i' O •, .°'r'+mi.`+ool�"�, -. �.11.'.L�'�. tip � £ i•..dv� i.S 9 _ r tY ��; ' ;�q' t -�� ZONE: CG x - yp .s,- . v. x �'�s- = =�- =-ieg: • , �sus �>� • �, .i � e„r� � } 2'�y"Ma '1 • r ` t.. rat i�li ■ ■ ■ ,) ■ ■ � � ■ , � " . ...� N a e- e".F:.�'"' t� i�- .:C.t,C'? •�•-Y a.venvr'q�.°r"`s,w � `_� "`� "� m.- v.."`^"--�.t.�..�.,,�;;.. R i � �'�•- . t" .•Yr t� 2.. 7 t rl a - s: � ii �T �'� _._ t r' ��_•, � - ai t' v. Oakbrook Square {{ FE' ,l . F'. t . f Y sr . .•, �� r f 11 16067.09 vril 9,1999 ' I KESHAVARZ CONSULTING March 31, 1999 & ASSOCIATES, INC. ENGINEERS - SURVEYORS Project No. 97-599 Drainage Statement for Publix Expansion Plan Oakbrook Square within the City of Palm Beach Gardens, Florida Location The project site is located with the City of Palm Beach Gardens, and more specifically, within Section 4, Township 42 South, and Range 43 East. The project is bounded on the north by retail buildings, known as Oakbrook Square. State Road 703 forms the southern boundary of the subject site, and U.S. Highway One forms the western boundary of the site. Residential housing lies east of the project. )3xisting Facilities The existing site is asphalt pavement that serves an existing shopping center. Proposed Drainage Improvements, The proposed development includes a 10,012 square foot expansion of an existing Publix. Shopping Center. The expansion is proposed adjacent the south wall of Publix. As such, the expansion will be constructed on existing pavement that currently provides access to the Shopping Center's parking. There is no significant increase in impervious area and therefore, there is no increase in drainage runoff. No part of the existing drainage system is located under the footprint of the proposed expansion. The existing drainage system is adequate to handl6 drtkimge from the expansion. Therefore, no additional drainage pipes or structures are proposedfor -this expansloft. 04 1280 N. CONGRESS AVE. SUITE 206 WEST P BEACH PE -1, FLORIDA 33409 561- 689 =8600 CITY OF PALM BEACH GARDENS Growth Management Department /Building Division MEMORANDUM Date: October 6, 1999 To: Jackie Holloman - Planning Tec ?(Historical) From: Jack Hanson - Building Off' ial Subject: Oakbrook Square Signage Pro ra Per your request this document will attest that all present and existing signage at the above location has been validated by either lawful variance from the zoning board of appeals or building permit. All four - ground signs on the PGA Boulevard and US #1 frontage were given a variance for purposes of setback, landscaping and number of locations. To the best of my knowledge and belief these variances are still in force and effect and have not been altered or amended. All of the present day signs including all wall signs have been duly permitted and inspected for structural attachment and electrical hookup in compliance with our building and sign codes. Please contact me if you require further information or clarification. OaWxookhistorical 4 Iq am It To OCT 6 is z0KIRG Memo to File From: Mark Hendrickson, City Forester Subject: PUD- 99 -10, Oakbrook Square - Publix Expansion Date: September 1, 1999 I have reviewed the above - referenced application. The only comment is that the petitioner should be landscaping the median within US 1 per Section 98 -66 (c -6). I believe the new self storage facility has already landscaped one median between them and Oakbrook Square on US 1, but there is one more median. Landscaping should be consistent, if at all possible. Please provide a median landscape plan prior to the P & Z Commission meeting. The petitioner should be aware that there will be the typical condition of approval regarding maintenance of the PGA Blvd. and US 1 road right -of -ways. I approve the certification for DRC. EXECUTIVE OFFICE: Seacoast Utility Authority September 7, 1999 Ms. Jackie Holloman Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl 33410 Dear Ms. Holloman: City Of P.B.G. SEP 8 1999 PLANNING ZONING VIA FAX: 775 -1014 RE: Publix Expansion At Oakbrook Square We have no comments on your -transmittal dated September 1, 1999 concerning the referenced project. Please call if you require additional information. Sincerely, COAST UTEL11 AUTHORITY Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance S. Serra Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 4200 Hood Road, Palm Beach:Gardens, Florida 33..410;2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561.)`627 =2966 / FAX (561) 624-2839'-