HomeMy WebLinkAboutAgenda Council Agenda 102199All those wishing to address the City Council need to complete the necessary form (supply located in back
of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
OCTOBER 21,1999
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin
Councilman David Clark and Councilman Carl Sabatello.
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
V. CITY MANAGER REPORT:
1. Construction Manager Report
2. Goals/Priorities
3. 40"' Birthday Rescheduling
VI. AWARDING OF BIDS:
1. Amendment to Contract with Peacock & Lewis to Include Interior s:-
2. .Amendment to Contract with Peacock & Lewis to include Exterior Signs.
AN
VII. TvamlviENIS -u,RQM THE PUBLIC:. (-c Ttems-Nox on tlhe Auenda)_(Please submit re,gwe�t�
card to Clerk prior to this Item)
VIII. CONSENT AGENDA: �Special'RZIar-oCity 1. Approval of Minutes of Council Meeting
2. Proclaiming November 19, 1999 as National GIS Day
3. Proclaiming November, 1999 as National Epilepsy Awareness Month
4.- Resolution 72, 1999- Consideration of.Approval of a Sign Variance for
Gardens Park Plaza..
5. Resolution 130, 1999 - Consideration of .Approval to Support Permanent and Consistent
Funding for Regional Planning Councils.
6. Resolution 131, 1999 - Consideration of .Approval to Declare Disposable Assets
IX. PUBLIC HEARINGS:
1. Notice of Proposed Change - Regional Center DRI Use Conversion. (Public Hearing, adv.
6/2/99; Postponed from Regular eetin o �17/99 7/15/99; To be Continued to
11/18/99 Regular Meeting) 0
2. Ordinance 27, 1999 - Providing for Round , 1999, Comprehensive Land Use Pla
.Amendments. (Public Hearing, To be Continued to 11/4/99 Regular Meeting '
3. Ordinance 41, 1999 -Providing for an .Amendment to Ordinance 18, 1998, Same Being e 4:5� 6
Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year Beginning 10/1/98
and Ending 9/30/99, Inclusive. (Public Hearing, adv. 10/6/99; Consideration of Second
Reading and .Adoption). 4!0 lam' " d
4. Ordinance 43, 1999 - Providing for .Amen ent to the Code of Ordinances, re: Excavation 1 ��
and Fill. (Public Hearing, adv. 10/6/99; Consideration of Second Reading and Adoption)
5. Resolution 125, 1999 - Consideration of Approval of Gardens Presbyterian Church Time
Extension. (Public Hearing)
X. RESOLUTIONS:
Resolution 120, 1999 - Consideration of Approval of a Contract with Lindahl, Browning,
Ferrari & Hellstrom, Inc., for Engineering Services. P ,p'
d.+',,QAZ: Resolution 128, 1999 - Consideration of Approval of Appointment of a Interim City Manager.
3. Resolution 129, 1999 - Consideration of .Approv of A p ' t t of an Representative to the
-_ cPaceas I� ili uthority Board of Directors. �d Ciy��r ()
Resolution 132, 1999 - Consideration of .Approval to Updat Zoning Fees
Resolution 135, 1999 - Consideration of .Approval of Appointments tQ e rt Adv ory
Committee. o d c1 L �� T —�
XI. ORDINANCES: (For Consideration of First Reading)
1. Ordinance 28, 1999 - Providing for Ap > rova o atal' L`ake�T omes PUD
(Consideration of First Reading)
XII. ITEMS FOR COUNCIL ACTION:
1. Consideration of Separation Agreement
XIII. ITEMS FOR DISCUSSION:
1. PGA Flyover Design Ci�r�-u�Pr�C`t` 2-
XIV. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL:</
XV. CITY ATTORNEY REPORTU
1. City Attorney Status (�
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 James Waldron, Jr., 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.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 10/12/99
Meeting Date: 10/21/99
Subject/Agenda Item
Amend the contract of Peacock & Lewis to include the interior signage for the Municipal
Complex.
Recommendation /Motion:
Staff recommends amending the contract with Peacock & Lewis in an amount not to
exceed $46,848.00 for the purchase and installation of interior signage at the Municipal
Complex.
Reviewed by:
Originating Dept.:
Costs: $.46,848.00
Council Alction:
(Total)
City Attorney
Finance
[ ] Approved
$ „140,000
[ ] Approved w/
Finance �b
Current FY
conditions
[ ] Denied
ACM
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Other
Date:
[ ]Operating
Paper:
[ X ] Other - Bond
Memorandum
Proceeds
Submitted by:
[X ] Not Required
Kent R. Olson
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
23- 0900 - 519.6200
[ ] None
d
Approved by:
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
MEMORANDUM
TO Bobbie Herakovich, City Manager
FROM Kent R. Olson, Finance Director kko
SUBJECT : Interior Signage Installation for New Municipal Complex
DATE October 12, 1999
BACKGROUND
I
The new Municipal Complex will require interior signage for the new City Hall,
Police Station and renovated Main Fire Station.
DISCUSSION
The City's interior design consultant, Susan Bardin of Peacock and Lewis, has met
with Baron Signs to prepare an interior scheme for the Municipal Complex. Ms. Bardin
is requesting that the interior signage construction and installation work be added to her
existing contract. Ms. Bardin is proposing to hire Baron Signs as a subcontractor to
expedite the work. Since there are some final, minor reductions being made to the
interior signage package, staff recommends amending the contract with Peacock and
Lewis in an amount not to exceed $46,848 in order to begin the interior signage work
as soon as possible.
RECOMMENDATION
Staff recommends amending the contract with Peacock & Lewis in an amount not
to exceed $46,848.00 for Interior Signage construction and installation.
I
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October 7, 1999
PEACOCK + LEWIS
Architects and Planners, Inc.
City of Palm Beach Gardens
License No. AAC 000020
10500 North Military Trail �
Palm Beach Gardens, Florida 33410 i
I
RE: Additional Services
Interior Signage Furnished and Installed
Peacock + Lewis Project No. 39- 002(708)
Dear Ladies and Gentlemen:
Architecture
As discussed with Mr. Jack Hanson, our office has been requested to provide interior signage for
the City's Municipal Complex.
Planning
As we understand it, our Basic Services - Scope of Work is as follows:
1. Furnished and install interior signs as noted on Peacock + Lewis Signage Documents,
Sign 1 through Sign 6 dated September 20, 1999.
Interior Design
We propose to perform this work as Additional Services utilizing the terms outlined in our Basic
Services Agreement between Owner and Architect dated November 19,1998. We propose a flat
fee for the above Scope of Work of Forty Six Thousand Eight Hundred and Forty Eight Dollars
Programming
($46,848.00).
Exterior Building and Site Signage is not part of this agreement andican be provided as an
additional service to our contract. s 4
t I
Graphic Design
Feel free to contact me with any comments or questions you may have. Acceptance of this
Proposal may be indicated by signing, dating and returning one (1) copy of this letter along with
a 50% deposit.
Project Delivery
Res c fly submitted,
Pe coc + Lewi Ar hitects and Planners, Inc.
i
I
Susan S. Bardin, ASID
Vice President
Director of Interior Design
SSB/lbr
i
Authorization to provide the above services:
!I
Signed:
Member AIA
Established 1961
Name'
�I
2705 Park Street
Title:
Lake Worth
Florida 33460
Date:
4
P.O. Box 6877
Please review P +L Terms and Conditions of installation prior to signature.
West Palm Beach
I
Florida 33405
407/582 -2705
Fax 407/533 -9135
39002(708)PR.10 -7 -99 '
Oct -08 -99 12:59P Armin L.Wessel Assoc
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561 7474184
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Oct. 8. 1999 2 :44PM PEACOCK & LEWIS
PEACOCK + LEWIS
Archtteets and Planners. tnd.
LI Me No, AAC 000020
MEMORANDUM
II
TO File
FROM Susan Bardin
DATE October 8, 1999
No.80I8 P. 2/3
SUBJECT The City of Palm Beach Gardens.
PROJECT NO. 3M02
RE: CITY OF PALM BEACH GARDENS SIGNAGE SPECIFICATIONS
A. Plastic Frame Color: Black
B. Aluminum Sign Color: Copper (typical)
C. Installation: Adhesive Strip Mountings
I. SIGN TYPES: QTY,
A. Room Signs gg
1. Identifies room numbers in %" tail ADA,compiiant raised letters.
2. Integral grade two (2) braille.
3. Size: 6" X 11 %" inside.
4. Preprinted changeable inserts
a. Supplier to include twenty -five (25) replacement inserts.
B. Directional Signs g
I �I
1. Department directory with ten (10) panels. i
2. Size: 17%"X11%".
3. Ten (10) preprinted changeable inserts per sign'.
a. Supplier to include twenty -five (25) replacement inserts.
C. Women's Restroom Sign 11
1. 2144" tall ADA compliant raised letters.
2. Integral grade two (2) braille.
3. Size: 6"X 6 ".
4. Women's symbol.
0. Men's Restroom Sign 12
1. '/4" tall ADA compliant raised letters.
2. Integral grade two (2) braille.
3. Size: 6" X 6 ". '
4. Men's symbol.
E. Handicap Restroom Sign g
1. 1/0 tall ADA compliant raised letters.
2. Integral grade two (2) braille.
3. Size: 6" X 6 ".
4. Handicap symbol.
i
Oct. 8. 1999 2:44PM PEACOCK & LEWIS No-8078 P. 3/3
Page 2 - September 17, 1999
City of Palm Beach Gardens
Signage Specifications !
P *L Project No. 39 -002
II. SIGN TYPES:
A. Evacuation Map
1. Subsurface white printed plan
2. Size: 17 %" X 11% ".
B. General Information Signs
1, 2/." subsurface white letterings.
2. Size: 6" X 6 ".
— G -1. Text: in Case of Emergency Use Stairs.
G -2. Text: Phone (phone symbol).
0-3. Text: Authorized Personnel Only.
ti
C. Directional Sign
1. Elevator directories with ten (10) changeable panels.
2. Size: 17'/," X 11W.
3. Ten (10) preprinted changeable inserts per sign.
D. Common Room Signs
1. '/." height raised ADA compliant letters.
2. ' /." height raised ADA compliant room numbers.
3. Integral grade two (2) braille.
4. Size: 5" X 11%" wide. f
1 -1. Text: Janitor Closet.
1 -2. Text: 'h:Conference Room.
1 -3. Text: File Room.
1-4. Text: Mail Room.
1 -5. Text: Mechanical Closet.
J. Stairs
1. 3/." tall ADA compliant raised letters.
2. Integral grade two (2) braille.
3. Size: 6" X 6 ".
4. Stair symbol.
I
SQMMom.10 -899
QTY,
14
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152
17
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 10/18/99
Meeting Date: 10/21/99
Subject/Agenda Item
Amend the contract of Peacock & Lewis to include exterior signage design for the
Municipal Complex.
Recommendation /Motion:
Staff recommends amending the contract with Peacock & Lewis in the amount of
$2,880.00 for the design of the exterior signage at the Municipal Complex.,
Reviewed by: Originating Dept.: Costs: $,2,880.00 Council Action:
(Total)
City Attorney Finance [ ] Approved
$ „140,000 [ ] Approved w/
Finance Current FY conditions
2 [ ]Denied
ACM 1� Advertised: Funding ource:
g [ ] Continued to:
Other Date: [ ]Operating Attachments:
Paper: [ X ] Other - Bond Memorandum
Proceeds
Submitted by: [X ] Not Required
Kent R. Olson
Department Director Affected parties Budget Acct. #:
Approved by: [ ] Notified 23- 0900 - 519.6200 [ ] None
City Manager [ X ] Not required
BACKGROUND: See attached memorandum
MEMORANDUM
TO Bobbie Herakovich, City Manager
FROM Kent R. Olson, Finance Director 00
SUBJECT Exterior Signage Design and Coordination for New Municipal Complex
DATE October 18, 1999
BACKGROUND
The new Municipal Complex will require exterior signage for the new City Hall,
Police Station and renovated Main Fire Station.
DISCUSSION '
The City's interior design consultant, Susan Bardin of Peacock and Lewis, has
offered to prepare Exterior Signage Design Documents and Schedules for the Municipal
Complex. Ms. Bardin is requesting the City amend the existing contract with Peacock
and Lewis for the additional services for exterior signage in the amount of $2,880.
RECOMMENDATION
br
Staff recommends amending the contract with Peacock & Lewis in the amount
of $2,880.00 for Exterior Signage Design Documents and Schedules.
9
PEACOCK + LEWIS
Architects and Planners, Inc.
License No. AAC 000020
Architecture
Planning
Interior Design
Programming
Graphic Design
Project Delivery
Member AIA
Established 1961
2705 Park Street
Lake Worth
Florida 33460
P.O. Box 6877
West Palm Beach
Florida 33405
561/582 -2705
Fax 561/533 -9135
www.peacockandlewis.com
j
October 13, 1999 I
City of Palm Beach Gardens I
10500 north Military Trail
Palm Beach Gardens, Florida 33410
II
RE: Additional Servicesi
Exterior Signage
Peacock + Lewis Project No. 39- 002(707)
Dear Ladies and Gentlemen:
As discussed with Mr. Jack Hanson, our office has been requested to provide exterior signage
design and specification for the City's Municipal Complex.
As we understand it, our Basic Services - Scope of Work is as follows:
1. Preparation for and attendance at up to two (2) meetings with Owner to review project
scope and goals.
2. Preparation for and attendance at up to two (2) meetings with Owner to review proposed
design, verify sign locations and obtain final approval.
3. Preparation of Exterior Signage Design Documents and Schedules based on Owner
approved Peacock + Lewis design.
We propose to perform this work as Additional Services utilizing the terms outlined in our Basic
Services Agreement between Owner and Architect dated November 19,1998. We propose a flat
fee for the above Scope of Work of Two Thousand Eight Hundred Eighty Dollars ($2,880.00).
Feel free to contact me with any comments or questions you may have. Acceptance of this
Proposal may be indicated by signing, dating and returning one (1) copy of this letter.
Sinc t
Pe coc + Le r itects and Planners, Inc.
Susan S. Bardin, ASID
Vice President
Director of Interior Design
SSB /Ibr
Authorization to provide the above services:
I�.
Signed: I'
Name: '!
Title:
Date:
� II
G't•13. 1299 .10:59AM PEACOCK & LEWIS No S227 P- lit
Av"em 01w au+n" ra.
Uo«w ft AAC COWM
WE ARE SENotNG YOU:
shop drawings
-- . Copy of letter
FAX TRANSMITTAL
TO: CiiYOF �txc.�r+�G.� -� ChFhROb,3S
ATTN:
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FROM:
`Jl CAJ
DATE:
( 1phy 7 -
Joe S.
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RE:
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FAX 111:
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Hard copy of fax wlR be mailed.
Hard copy of fax will not be mitited,.
_ Prlrrta
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Change Order Specifications
THESE ARE TRANSM117EA as checked below- I
. for approval For review and comment Retumsd for correction I .
. For your ass No exeeptfoA tafien itesu0mtt -- copies for review --
-- -
As requested -- --- - No exc#ptioA taken other than as noted _
REMARKS
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COPY TO
SIGNED:
-- ottrd, kind! ooti us at once.
H enclosures are not as n ._.
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West Palm Beach, FL 1W5 of the. lndlvldual or entity named above. if (he reader of this feasfmfta 12 not the
Phone S6t /582.2705 Intendedreelplemi; muam hereby noti fed that any dissemination oreopyingofthte
Fax 964=4138 facsimile is atrfotly prohibited. If you raeoMd this facsimile in error, pfesae
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THESE ARE TRANSM117EA as checked below- I
. for approval For review and comment Retumsd for correction I .
. For your ass No exeeptfoA tafien itesu0mtt -- copies for review --
-- -
As requested -- --- - No exc#ptioA taken other than as noted _
REMARKS
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COPY TO
SIGNED:
-- ottrd, kind! ooti us at once.
H enclosures are not as n ._.
P.O. Box ISM This facsimile ComVne prlvfieged and coMidential information Intended fortha use
West Palm Beach, FL 1W5 of the. lndlvldual or entity named above. if (he reader of this feasfmfta 12 not the
Phone S6t /582.2705 Intendedreelplemi; muam hereby noti fed that any dissemination oreopyingofthte
Fax 964=4138 facsimile is atrfotly prohibited. If you raeoMd this facsimile in error, pfesae
— .peaoockandlewix.00m lmmedfate(y notify us by telephone and 4*c" the adtitnikt f a0mile.
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CITY OF PALM BEACH GARDENS I
CITY COUNCIL ;
SPECIAL REGULAR MEETING
SEPTEMBER 30, 1999
The September 30, 1999, Special Regular Meeting of the City
Council of the City of Palm Beach Gardens, Florida, was called to
order at 7:00 P.M. in the Council Chambers of{the Municipal
Complex located at 10500 North Military Trail, Palm Beach
Gardens, Florida; and opened with the Pledge of Allegiance to the
Flag.
ROLL CALL The City Clerk called the roll and the following elected officials
were found to be in attendance: Mayor Joseph R. Russo, Vice
Mayor Lauren Furtado, Councilman David Clark„ and Councilman
Carl Sabatello. Councilman Eric Jablin was absent from the
meeting.
ANNOUNCEMENTS Mayor Russo stated the announcements were as posted.
RE -ORDER AGENDA Councilman Clark made a motion to re -order the agenda to next
hear the budget item. Vice Mayor Furtado seconded the motion,
which carried by unanimous 4 -0 vote.
1999/2000 FISCAL YEAR
BUDGET PUBLIC
HEARING ,s
Millage The City Manager stated that the proposed millage rate was 3.9404,
a 10.135% increase over the rolled back rate of 3.5/78.
Public Hearing Mayor Russo declared the Public Hearing open, held on the intent
of Adoption of Proposed Budget. Hearing no comments from the
public, Mayor Russo declared the Public Hearing closed.
Resolution 115, 1999 Councilman Clark made a motion to approve Resole ion 115, 1999
- Levying a Tax of 3.9404 Mils on Non - Exempt Re and Personal
Property Located Within the Corporate Limits of S 'd City for the
Year Ending December 31, 1999. Councilman Sabatello seconded
the motion, which carried by unanimous 4 -0 vote. � i
I
Ordinance 44, 1999 Councilman Clark moved that Ordinance 44, 1999 - Axing a Total
Valuation of the Real and Personal property located within the
corporate limits of the City of Palm Beach Gardens; Florida, for the
CITY COUNCIL SPECIAL REGULAR MEETING, 9/30/99
4
Year Ending 12/31/99; Establishing a Tax Rate Thereon for Said
Year; Levying a Tax on Said Real and Personal Property for Said
Year, Adopting a Fiscal Year Budget for the Fiscal Year Beginning
on 10/1/99 and Ending on 9/30/00, Inclusive; Appropriating Funds
for Expenditures in Accordance with Said Budget - duly advertised
for Public Hearing 9/15/99- be placed on Second Reading by Title
Only and approved. Councilman Sabatello seconded the motion,
which carried by unanimous 4 -0 vote. The City Clerk read
Ordinance 44, 1999 on Second Reading by Title Only.
Building Department) =fees were discussed. The Ly Attorney
verified that the accounting procedures used were; legal and the
amounts charged for permits were appropriate. The Finance Officer
reported that the funds could be easily tracked.
Vice Mayor Furtado reported that resident Paul Hiller had passed
away; and suggested a "Hero's Board" in the new municipal
complex to honor residents who had made outstanding contributions
to the City. i
CITY MANAGER REPORT Executive Session of the City Council was scheduled for Thursday,
October 7, 1999 at 6:30 p.m.
Move into New Building The Construction Manager reviewed dates for the moy�'ng schedule,
Critical vs. non - critical items were discussed. The schedule for the
telephone system, MIS, and dispatch was reviewed .bey Commander
Carr. Vice Mayor Furtado requested that contra"cts be handled
more timely in the future. Discussion ensued regarding criteria for
a MIS employee. Mayor Russo indicated that the '{ dividual must
be highly qualified to run the City's MIS and to hand Ie growth, and
requested the requirements for a MIS supervisor from other
comparable cities. The City Manager announced a bid had been
received that day for carpeting in the amount of $82,000.
Disposition of the modular units currently used by the City was
discussed. A bid received from Treasure Coast Moving and Storage
of Ft. Pierce for $7,800 was discussed. The City Manager
summarized that the City would continue to work with BellSouth to
get telephone equipment in place, to get the chiller room operational
as fast as possible, and the Construction Manager would report to
the City Council at their next meeting on current items. The City
Manager requested time to evaluate a proposal for additional
services from ON &M to coordinate RFP's in order to present it at
the next meeting.
CITY COUNCIL SPECIAL REGULAR MEETING, 9/30/99 1 3
--ITEMS & REPORTS BY
MAYOR & CITY COUNCIL
Mayor Russo Mayor Russo requested that a response be made to Zola Hartman's
memo requesting the real and complete expenses of the canal
dredging, restoration, and maintenance and who was taking care-of
restoring the wildlife habitats. Mrs. Hartman had- requested the
Council attend the meeting with Mr. Seaggrin. Vice- Mayor.Furtado
volunteered to attend the meeting. Vice Mayor Furtado explained
her position when contacted by Channel 5 for an interview regarding
the canal situation. Mayor Russo explained how he had come to do
the interview and that he had expressed his displeasure with the way
the station had handled other issues. Vice Mayor Furtado clarified
that discussions had not taken place between the City and Mr.
Seagrin other than the initial contact by Councilman Jablin. The
Vice Mayor expressed concern that a permit should be obtained if
it was found one was needed, with which the other members of the
City Council agreed. Mayor Russo requested that the canal
situation be resolved within the next week.
Mayor Russo Mayor Russo suggested that it might be in the City's best interest to
hire an interim City Manager for the time period between the new
City Manager coming on board and the current City Manager
leaving-on-December 3. Discussion ensued. City Attorney Post was
suggested for the position, which was an option the City Council
agreed to consider. Mayor Russo reported Pat Bidol's report would
be submitted the next week.
CITY COUNCIL SPECIAL REGULAR MEETING, 9/30/99
rd
ADJOURNMENT There being no further business to discuss, upon motion by
Councilman Clark, seconded by Councilman Sabatello, carried 4 -0,
the meeting was adjourned at 5:50 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR LAUREN FURTADO
CHAIRMAN PRO TEM ERIC JABLIN
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST:
LINDA KOSIER, CMC, CITY CLERK
PROCLAMATION
WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn
of our species and has been recognized since the earliest medical writings; and
WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient
beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods
that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy
was a brain disorder; and
WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or
sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive
amount of electrical impulses; and ,
WHEREAS, Epilepsy can affect anyone, at any age and at any time;,and
WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of
this number, 150,000 are Florida residents; and
WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66 %) of those
afflicted with Epilepsy are drug controlled; and
WHEREAS, lack of education about this disorder has contributed to age old myths,
superstitions and prejudices; and
WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder
itself; and
WHEREAS, people who have Epilepsy make reliable and conscie ftious workers in job
performance, productivity, safety, cooperation and attendance; and
WHEREAS, studies carried out in the UNITED STATES over the past thirty years have
indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with
unemployment rates estimated to fall between twenty and twenty -five percept; and
WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal
requirements for success, a person who has Epilepsy needs a supportive environment and employers
who are willing to give them an opportunity to become productive citizens
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph R. Russo, Mayoi of the City of Palm
Beach Gardens, do hereby declare November, 1999 as
NATIONAL EPILEPSY AWARENESS MONTH
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 21 st day of October in the Year of our Lord,
Nineteen Hundred and Ninety -Nine.
Mayor Joseph R. Russo
Attest:
Linda V. Kosier, City Clerk
PROCLAMATION
WHEREAS, Geography Awareness Week is November 15 -19; and
ii
WHEREAS, National Geographic Information System (GIS) Day is November
19, 1999; and
WHEREAS, Geography Awareness Week promotes geographic literacy in
schools; and
WHEREAS, GIS is an important part of geography awareness; and
WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS
to the schools and general public in order to showcase real -world applications with
GIS.
NOW, THEREFORE, BE IT RESOLVED, that I, Joseph R. Russo, Mayor of the
City of Palm Beach Gardens, do hereby declare November 19, 1999 as
NATIONAL GIS DAY
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 21 st day of October
in the Year of our Lord, Nineteen Hundred and Ninety -Nine.
Jt4
Mayor Joseph R. Russo
Attest:
Linda V. Kosier, City Cle�rC
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum f
Date: October 21, 1p99
Subject/Agenda Item: Petition VAR- 99 -02, sigtil variance application for Gardens Park
Plaza ground signs. The site is located at the southeast corner of Northlake Boulevard and
Military Trail. (24- 42S -42E)
Recommendation /Motion:
Staff is recommending approval of Resolution 72, 1999.
Reviewed b
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attorney eC�Q
Y Y �- (' .
Growth Management
9
[ ]Approved
Department
Finance N/A
$ 0
[ ] Approved w /conditions
ACM
Current FY
[ ] Denied
Human Res. N/A
I
Advertised:
Other N/A
Funding Source:
[ ] Continued to:
Attachmehts:
Date: May 5, 1999
[ ] Operating
Paper: Palm Beach Post
[ ] Other N/A
Septemb i 9, 1999
petitione ,)�tter
[ ]Not Required
i
Memo from City Attorney
Submitted by:
Growth Management
Affected parties
Budget Acct. #::
Department
[ X ] Notified
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
At its October 7th public hearing, the Council determined that a hardship had been justified,
but would condition the variance upon the five signs coming into architectural conformity
within a three year timeframe. The resolution has been modified to add this condition of
approval.
Patrick Koenig, applicant, is petitioning the City Council for a sign variance to legitimize the
five (5) existing ground signs located in front of the Gardens Park Plaza Shopping Center.
The petitioner is proposing a 'condition of approval' which will require the five ground signs
to be uniform in character and design. The three loutparcel' signs (R.J. Gators, First Union
and Washington Mutual) would be replaced over time to comply with the signage program.
The petitioner states that the tenants cannot be forced to comply, but 'they will be
encouraged to change their existing signage. The Washington Mutual sign is
l ;
r
Agenda Cover Memorandum October 211, 1999
Petition VAR -99 -02
Page 2
dimensionally nonconforming and must be replaced or removed by January, 2000,
therefore, one of the 'outparcel' signs can be expected to comply within the next three
months.
,I
i
The shopping center's signs have been determined by staff to be non - conforming due to
the fact that the right -of -way frontage allows for only three (3) ground signs per code. Five
ground signs would require that the property have 3,100 feet of right -of -way frontage, while
the petitioner has only 2,300 feet of right -of -way frontage. The signs were constructed to
advertise various businesses on -site, both within the "main -line" shopping center and three
of the "out- parcels ". All signs have been permitted by staff, either through building permit
or site plan approval. The applicant was notified that the signs were non - conforming
through the non - conforming signs notification procedure.
The oldest sign on site (Washington Mutual) was approved by building permit in 1978. The
second oldest sign (First Union) was approved in 1984. The RJ Gators sign was approved
as part of a Site Plan Approval process in 1991. The remaining two signs (advertising
Gardens Park Plaza's two major tenants, Winn Dixie and Eckerd Drugs) were approved
as part of a site plan amendment in 1995. These two signs were not constructed until
1998. At that time, staff administratively approved the minor relocation of one of the ground
signs. The 1991 and 1995 approvals replaced existing signs which were of proved prior
to 1990 (Palm Beach Cafe and the two Gardens'Park Plaza pole signs).
It should be noted that all signs except the Washington Mutual sign are dimensionally
conforming to the sign code. The petitioner is requesting only a variance for the number
of signs, not the dimensional non - conformities associated with the Washington Mutual sign.
The petitioner, who is the property manager for the shopping center, Chas left the
responsibility of obtaining variances for non - conforming dimensions td the tenant,
Washington Mutual.'As of this date, staff has not received a variance applica ion from this
tenant.
Five signs were located on site (three of which have since been replaced) Ot the time of
the 1990 code revision, which placed in effect the right -of -way requireme6 s. However,
signs which were approved in 1991 and 1995 should not have been permitted, since the
signs they were replacing were non - conforming.
i
PROCEDURE:
The LDRs designate the authority of reviewing and granting sign variances ',directly to the
City Council. As with other variances, a petitioner must demonstrate hardship; (Section 110-
72. Variances, states, "The hardship shall not be economics or natural obstructions on
adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and
Agenda Cover Memorandum
Page 3
October 21, 1999
utilize the intended benefits provided in this chapter." This should be the basis for which
the variance shall or shall not be granted.
w �
The existing signs do not meet the following code requirements, as outlined i' chapter 110
of the City's Land Development Regulations. The following chart illustrate�„ � this:
VAR r99-02 GARDENS PARK PLAZA SIGN VARIANCE REQUEST
Present; conditions not in compliance with the following requirements:
1. Number' f sign Requirements
Code Requirement: Ch ?pter 110 -36 (a) Ground Signs: "Any property with at least 300 feet of a "p'operty line
abutting a public right -of -way shall be allowed a ground sign. An additional ground sign shall be allowed for each
additional 700 feet of public right -of -way. The frontage of two or more public streets shall be addible to compute
frontage."
Present Condition: Five (5) ground signs with 2,300 feet of right -of -way. (requires 3,100 feet of right -of way)
Proposed Condition: Five (5) existing ground signs to remain.
Proposed Condition Compliance with Code: No. Variance Requested
RECOMMENDATION:
Staff has reviewed this petition and has determined that the applicant has demonstrated
a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits
provided in this chapter. Also, it is staffs determination that the existing signage meets the
intent and purpose of the sign code. This determination is based on the following:
(1) The petitioner has made improvements to the signage on site so that he has
reduced the dimensional non - conformities of two of the signs and is requesting from
their tenant (Washington Mutual) that the last remaining dimensionally non-
conforming sign be brought into compliance.
(2) The hardship is not based on econom%s or natural obstructions•,on adjacent
property, but is based on location of the slie. The petitioner would be, restricted in
their ability to enjoy and utilize the intended benefits of the sign code without the
existing ground signs. The intersection of Northlake Boulevard and Military Trail is
extremely busy and the elimination of existing signs would hamper "business
opportunities ", as defined within Section 110 -1 Intent and purpose.
(3) Staff has reviewed the site and has found that the existing signage is consistent with
the criteria set forth in Section 110 -1 Intent and purpose, as follows:;,
(a) Due to the fact that four of the five signs conform dimensionally, the signs
facilitate easy and pleasant communication between peopEie and their
environment. The fifth sign has minor dimensional non- confor, "ities and the
petitioner has indicated that it will be brought into compliance,
i
i
I
Agenda Cover Memorandum October 21, 1,999
Page 4
(b) Due to the spacing of the sign locations, visual clutter is minimized.
(c) The sign locations have been reviewed and approved by the City Engineer,
and are therefore not potentially harmful to traffic and pedestrian safety.
(d) The existing signs are well maintained and therefore are not harmful to
property values or community appearance. Further, the petitioner is
proposing a condition of approval which will require uniformity as the three
`outparcel' signs are replaced.
(4) The City approved three of the five signs (R.J Gators and the two plaza identification
signs) through the site plan approval process after the sign code was in effect.
Later, one of the plaza identification signs was administratively re- located to avoid
conflicts with drainage facilities. During all of these processes, staff should have
observed the code inconsistency. And while staff error or oversight does not
diminish the need for a variance, the petitioner relied upon staffs direction and
recommendation when installing three of the five signs.
Based on this analysis, staff is recommending approval of this variance.
GALong Range \var9902.st1.wpd
10'
Existing Monument Signage (A)
Scale: 1 " =3' -0"
Sample Outparcel Identification Signage (13)
Scale: 1"=T-O"
Internally illuminated
aluminum sign cabinet
12' -0" Maximum Length
Removable sign panel
Copy Area 22 sf typ.
c'
Up to 2 lines of copy
per
per face - min. letter
; _ _ _
�� T `^
size 9"
Color. By tenant
Font: By tenant
; I d/o r (j V!u/ V o w!• ' r
■ � '
Routed Aluminum technology
_
w/ stud mounted Plexiglas
—_
447.0
backing typ.
'
Color and finish to match
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existing monument
signage
: .
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Sample Outparcel Identification Signage (B)
Scale: 1"=Z-0" j
I I
f
Septem�er 9, 1999
Octob� ; 14, 1999
RESOLUTION 72, 1999
i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, GRANTING A
VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36:
"GROUND SIGNS" FOR FIVE (5) EXISTING GROUND
SIGNS LOCATED AT THE GARDENS PARK PLAZA
LOCATED AT THE CORNER OF MILITARY TRAIL AND
NORTHLAKE BOULEVARD; AND, PROVIDING FOR AN
EFFECTIVE DATE HEREOF.
WHEREAS, the City Council finds that a variance for a sign per section 110 -36 would not
be adverse to the public interest.
WHEREAS, the City Council finds this variance meets the standards established by code.
r
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
i
Section 1. A variance is hereby granted to the requirements of section 110 -36, "Ground
signs ", for five (5) existing ground signs located at Gardens Park Plaza located at the southeast
corner of Military Trail and Northlake Boulevard; said variances being defined as follows:
1. A variance from the number of ground signs permitted, where only three ground
signs are permitted, five ground signs exist. M
Section 2. The aforementioned variance is subject to the following conditions of approval:
1. Within three (3) years from the effective date of this Resolution, all ground signage
shall comply with the common landscaping and signage program set forth below:
a. The design of all ground signs shall incorporate the shape, scale, proportions
and materials of the existing Gardens Park Plaza signs located at the access
point on Military Trail and at the retention area on Northlake Boulevard;
b. All ground signs shall be monument signs with a base structu I of aluminum
with textured stucco or similar material in a stone (off-white) I color.
C. All messages shall be either routed lettering with plexiglass or mounted
letters on plexiglass lit from the interior of the sign.
d. All ground signs shall include common landscaping at their base consistent
with specifications on the approved plan.
i
Section 3. The aforementioned improvements shall be consistent with the fallowing plan on
file with the Planning and Zoning Division:
x
1. August 31, 1999, Ground Sign Plan, Urban Design Studio, 1 sheet,
Section 4. All resolutions in conflict herewith are hereby repealed.
Section 5. This resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF '1999.
ATTEST:
LINDA V. KOSIER, CMC
CITY CLERK
BY:
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\eat
G: \Long Range \var9902.re.wpd
JOSEPH RUSSO, MAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
2
M E M O R A N D U M
i
To: Kim Glas, Principle Planner
WATTERSON, HYLAND & KLLI I -, P. A.
From: Carole Post, City Attorney City Of P'l
Subject: Sign variance standard of review SEP l 1999
Date: September 3, 1999 '����NG
` i ZONING
C �
City Council has asked for an opinion on what standard of review applies when 9
considering a sign variance, and what information may be considered in such a determination.
Standard of review
The Supreme Court of Florida holds that the standard of review in a zv ance
determination is whether the decision was based upon competent substantial cp that a
unique hardship exists. Nance v. Town of Indialantic, 419 So.2d 1041 (Fla. 1981). The common
"fairly debatable" standard applicable to legislative -type zoning enactments does not apply.
This decision supported an opinion by the Fifth District Court of Appeal which required
that as a prerequisite to the granting of a zoning variance, the applicant establish the presence of
"an exceptional and unique hardship ..., unique to that parcel and not shared by offi � property
owners in the area." Town of Indialantic v. Nance, 400 So.2d 37 (Fla. 5th Dist. Ct. kpp. 1981).
In that case, the Court resolved that the Town's zoning restrictions were "common difficulties
shared by all other ... lot owners in the area, and are therefore not the unique hards . required
to support a variance." Id � 1
City Code incorporates this "unique hardship" standard of review. Section 11.0-72
provides that a sign variance may be granted if the strict application of the code would present a
hardship whereby an applicant cannot reasonably enjoy and utilize the intended bene
` fits" of the
sign code.
Therefore, to grant a variance, the City Council must find competent and substantial
evidence that a unique hardship exists which prevents the landowner from reasonably enjoying
the use of their property.
What Information may be considered
The issue here is what information the council can consider in making a variance
determination, and whether it may consider past conduct of the applicant. There is no strict law
as to what information may be considered in considering a variance. City Code provides that the
council has the authority to consider "any information it may deem necessary to properly reach a
decision." This is consistent with the fact that the standard of review is one of "competent,
substantial evidence." This is a broad standard and allows the council wide discretion. Of course,
any facts considered should be reasonably linked to the issue of whether a hardship exists.
PAMHISTOR"1087113A00(319.062)
Ui
I ff
;I
Ura
MEMO
TO: Kim Glas Castro
FROM: Dodi Glas
DATE: September 9, 1999
RE: GARDENS PARK PLAZA SIGN VARIANCE
MATERIALS
Our Reference # 15063.02
w/ ATTACHMENTS
STUaro
� I
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
Enclosed please find proposed conditions for the ground sign improvement program that the
petitioner offers in a continuing effort to upgrade the plaza. As has been discussed, fthe petitioner
is not able to require the tenants to change their existing signage but is willing to suggest such
improvements. Additionally, as signs are replaced, tenants must go to the City for appro. val and
these conditions could be enforced at that time by the City.
There is suggested language for your consideration as. well as some supplemental graphic
material intended to provide a visual guideline of acceptable signage.
I would like to review this information with you as soon as possible. A color exhibit will be
prepared for the Council Meeting. Please call me with any comments or questions. i Thanks!
GACOMMONVobs\Gardcn Pack Pl aza\. SignVar\signplankimmemo9l99.wpd
LCC35
2000 Palm, Beach Lakes Boulevard
Suite 600 The Concourse
I
West Palm Beach, Florida 33409 -6582
561.689.006'6 561.689.0551 fax
Irvine, CA
714.489.8131
GROUND SIGN IMPROVEMENT PROGRAM
Language for your consideration: OUTPARCELS GROUND SIGNAGE
Outparcel ground signage as it is replaced will be required to maintain a common landscaping
and signage program consistent with the attached graphic and the provisions below:
1. The design of all ground signs shall incorporate the shape, scale, proportions and
materials as the existing Gardens Park Plaza signs located at the access point on Military
Trail and at the retention area on Northlake Boulevard.
2. All ground signs shall be monument signs with a base structure of aluminum with
textured stucco 1 or similar material in a stone (off - white) color. i
3. All messages shall be either routed lettering with plexiglass or mounted lettiers on
plexiglass lite from the interior of the sign.
4. All ground signs shall include common landscaping at their base consistent with the type
of landscaping materials used at the other ground signs in compliance withjthese
provisions and the landscape material listed in the attached graphic.
GXOMMONUoWGarden Park PlazaG SignVarlsignplankimmemo9l99.wpd
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O
RESOLUTION 130, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, SUPPORTING
PERMANENT AND CONSISTENT FUNDING FOR
REGIONAL PLANNING COUNCILS; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of Palm Beach Gardens, Florida strongly supports
continuation and full funding of the Regional Planning Councils in the State of Florida;
WHEREAS, the City Council of Palm Beach Gardens recognizes the value added to the
quality of life of the residents of Palm Beach Gardens through the work of the Regional Planning
Councils; 1f
i
WHEREAS, the City Council of Palm Beach Gardens recognizes that the Regional
Planning Council are ;required to perform numerous growth management, local technical
assistance, and interlocal dispute resolution functions, as well as other important 5'tatutory duties
in support of local initiatives;
WHEREAS, the City Council of Palm Beach Gardens believes that not fully and
consistently funding the Regional Planning Councils will adversely impact the fu quality of future
growth, development, and interlocal relationships in South Florida as a whole; and)
WHEREAS, having to compete for funding annually out of dwindling revenue sources is
not an efficient allocation of public resources and dedication of staff time and energy to support
renewal of annual funding, and reduces the amount of time dedicated by regional planning
councils to support local initiatives.
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
requests that the Legislature support the Governor's budget recommendation for the appropriate
dedicated funding on 'a recurring basis for the Regional Planning Councils in a total amount of
$2.7 million as a line item in the Department of Community Affairs base budget.
SECTION 2. The City Clerk is directed to distribute copies of this Resolution to the
Honorable Jeb Bush; the Martin, Palm Beach, St. Lucie and Indian River County Legislative
Delegations; the Treasure Coast Regional Planning C #buncil; and all Palm Beach County
municipalities.
SECTION 3. This Resolution shall be effective upon adoption.
Resolution 130, 1999
Page 2 of 2
INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF OCTOBER, 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
Approved as to Form and Legal
Sufficiency.
City Attorney
AYE NAY ABSENT
OCT -06 -1999 15:51 PALM BEACH COUNTY 561 355 2711 P..02iO4
COG
2
A P4
�t0R1��
P.O. Box 1989
West Palm Beach. FL 33402.1989
(561) 3552001
FAX: (561) 355.3990
www.co.palm-beach.fl.us
■
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Warren H. Newell. vice Chairman
Karen T marcus
Carol A. Roberts
Mary McCarty
Bun Aaronson
Tony Masilotti
Counc� Administrator
Rdoerr Weisman
-An Equat Opportunity
Affirrnattve Acton Emp(oyer-
p»nted 017 rocycted paper
October 5, 1999
The Honorable Bill Andrews
Chairman, Palm Beach County. Delegation
777 E. Atlantic Avenue, Ste 226
Delray Beach, FL 33445
Dear Representative Andrews:
Here in Palm Beach County we have found the work of our local regional
planning council to be invaluable to our fast growing region.. However, an
adequate and stable source of funding. is necessary to ensure that councils
across the state can continue to meet the needs of the communities they
,serve. We understand the Governor will be requesting $2.7 million in the
Department of Community Affairs' budget for regional planning councils.
Our Board supports full funding of the Governor's request. Enclosed is a
recently passed Resolution stating our support for this allocation.
So many of the issues we deal with as a County government are regional in
nature and difficult to address without the forum provided b� y a regional
planning council. Planning councils provide assistance for everything from
redevelopment to emergency preparedness, as well as resolving difficult
interlocal disputes. We appreciate your support for full funding of the
regional planning councils.
Sincerely,
Maude Ford Lee
Chair, Board of County Commissioners
encl: as noted
cc: Members, Board of County Commissioners
Members, PBC Legislative Delegation
Senator "Doc" Myers, Chairman, Martin County Delegation
Representative Charlie Sembler III, Chairman, Indian River County Delegation
Representative Ken Pruitt, Chairman, St. Lucie County Delegation
Bob Weisman, County Administrator
Dominic Sims. Planning, Zoning & Building Director
Denise Cord, Public Affairs Director
Marcia Mowbray, Intergovernmental Relations Coordinator
Todd Bonlarron, PBC.�'egislative Delegation Executive Director
Michael Busha, Treasure Coast Regional Planning Council Executive Director
Jamie Titcomb, PBC League of Cities Executive Director
PBC Municipalities
Kathy Daley, PBC Lobbyist
RESOLUTION 131, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR THE DECLARATION OF DISPOSABLE ASSETS;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens desires to declare items
as disposable assets; and
WHEREAS, the City Council is mandated to declare the current City Hall/Police Station
and City Hall Annex as disposable assets for demolition/purchase /removal purposes.
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 hereby declares the
current City Hall/Police Station and the City Hall Annex as disposable assets for the purposes of
demolition, purchase or removal.
SECTION 2. This Resolution shall be effective upon adoption.
�1
INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF OCTOBER, 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
Approved as to Form a0d Legal
Sufficiency.
City Attorney
AYE NAY ABSENT
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 21, 1999
Iz
Subject/Agenda Item: ,
Public Hearing: Notice of Proposed Change (NOPC) to the Regional Center Development
of Regional Impact (Conversion of Office to Commercial Use)
Recommendation /Motion:
Staff recommends that the City Council postpone consideration of this petition and
continue the Dublic hearina until the November 1 Sth mPPtinn
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorney N/A
Planning Div.
Total
'
[ ] Approved
qV$
0
[ ] Approved w /conditions
Other N/A
Current FY
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
June 2, 1999
staff report)
[ ] Other N/A
location map
revised D�I /PCD Master
Plan (Exhibit H)
table from Exhibit H
Paper:
Palm Beach Post
[I Not Required
Submitted by:
Growth Mgt. Director
Affected parties
[ x ] Notified:
Budget Acct. #:
[ ] None
Approved by:
surrounding property
owners
City Manager
[ ] Not required
I. REQUEST
Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the
Regional Center Development of Regional Impact Development Order (anti PCD) to
convert approved office use to commercial use.;ljhe project is located north of PGA
Boulevard, east of Alternate A1A, and west of Prosperity Farms Road. (5, 6- 42S -43E)
d
Petition DRI -99 -02
October 21, 1999
Page 2
{' 9
II. BACKGROUND
i
The 458 -acre Regional Center project was originally approved as a Development of Regional Impact (DRI)
in 1984. There have been three revisions to the development order since its original approval which
occurred in 1984, 1986 and 1994. There is a fourth revision in progress to resolve an' open space issue. It
continues as a mixed -use project with regional uses. Uses include the Gardens Mall, Mira Flores
apartments, Mediplex Medical Mall and other office buildings.
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 118,200 s.f. of approved office/business 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/business use from 1,210,000 to 1,091,800
s.f. Further, the master plan is being revised to depici the specific parcels which may be considered for
commercial use. These parcels are generally oriented towards PGA Boulevard, but includes the parcel
located at the juncture of Kew Gardens Avenue and Gardens Parkway also.
The applicant is also clarifying the master plan by denoting the approved neighborhood commercial (26,000
s.f.) and cultural arts (36,400 s.f.) uses within the tabular data.
i
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`h, then again to the August 5th meeting, and then again to this
meeting (September 2nd).
IV. STAFF CONSIDERATIONS
The proposed change is presumed to constitute a substantial deviation to the DRI. The applicant has not yet
effectively rebutted this presumption at this time, however, additional information has recently been
submitted by the petitioner and is undergoing review.
The petitioner is arguing that there are no additional impacts in the conversion of office to commercial
use based on traffic equivalency, however, the City Engineer has found an issue, consistent with that of
FDOT, due to use of outdated traffic volumes in the traffic study. The petitioner has been requested to
Petition DRI -99 -02 ;
October 21, 1999
Page 3
modify the traffic analysis.
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 provision alone will maintain the integrity of the Regional Center
project and keep it consistent with the City's vision for PGA Boulevard.
V. STAFF RECOMMENDATION
Traffic issues have not been resolved to satisfactorily demonstrate that this petition is not a substantial
deviation to the DRI. Staff recommends that the public hearing be continued until the November 18th
meeting.
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REGIONAL GENERAL LOCATION A
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THEBANKERSCOMPANY PALM BEACH OAROENS, l REV
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1
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commercial and 36,400 s.f. of cultural arts uses. These maximum floor spaces are previously
approved (original) uses of the DRI project and are not new uses. The table also shows the resulting
change in office and commercial square footage which is the subject of the petition
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 21, 1999
Subject/Agenda Item:
Public Hearing / Consideration of 2 "d Reading and Adoption: Ordinance 27, 1999
#99 -1 Round of Comprehensive Plan Amendments
Recommendation /Motion:
While staff recommends approval of Ordinance 27, 1999, the public hearing must
be continued until November 4th to fulfill advertising requirements for second reading of the
ordinance.
Reviewed byD� J�" ,Q
City Attorney (`` Ner�
ACM \V
Other N/A
Submitted by
Growth Mgt. Director
Approved by:
City Manager
Originating Dept.
Planning & Zoning
Divi ion
Advertised:
Date:10/14/99
Paper:
PB Post
[ ] Not Required
Affected parties
[ X] Notified
Catalfumo
Greystone
Palm Beach County
West Palm Beach
[ ] Not required
Costs: $ 0
Total
y,$ 0
Current FY
Funding Source:
[ )Operating
[ ] Other N/A
Budget Acct. #:
Council Action:
[ ] Approved,
[ ] Approved Wi conditions
[ ] Denied
[ ] Continued to:
Attachments:
Ordinance 27, 1999
ORC Report
Summary of Amendments
i
I
[ ] None
BACKGROUND: At its June 171h meeting, the City Council approved for transmittal to the
Department of Community Affairs the proposed #99 -1 round of comprehensive plan
amendments and approved on first reading Ordinance 27, 1999.
The Department of Community Affairs issued its Objections, Recommendations and
Comments (ORC) Report with no comments.
The 99 -1 round of amendments consists of staff - initiated changes to the City, s
comprehensive plan. They' include 1) delineation of the Western Northlake Boulevard
Corridor Planning Area, 2) Intergovernmental Coordination Element revisions, 3)
MacArthur Banyan Tree Historic Overlay, and 4) Assisted Living Facility /Nursing Home
density provisions.
Western Northlake Boulevard Corridor Planning Area B The interlocall, agreement
(approved at the April 15th Council meeting) requires the three � participating
governments to recognize the planning area in their respective comprehensive plans.
ICE Revisions B Chapter 163.3177(h) requires all governments to :amend their
intergovernmental coordination elements (ICE) by November, 1999. !The required
revisions include stronger mechanisms for coordination and cooperatia'n.
MacArthur Banyan Tree Historic Overlay B Policy 5.1.5.3. is being proposed to protect
MacArthur Boulevard as a historic gateway into the City. `
ALF Revisions B Policy 3.1.4.5. of the Housing Element requires that the City evaluate
nursing homes, assisted living facilities (ALFs) and other group homes, and to amend
the Land Development Regulations by January, 2000. In order to amend the LDRs,
a comprehensive plan amendment is needed to establish the policies and criteria for
these uses.
Each of the proposed amendments is specified on the following pages.
The Local Planning Agency recommended approval of the proposed amendments at its
May 25" meeting. (It should be noted that there was a lot of discussion about the ALF
density bonus B compatibility with surrounding neighborhoods was the primary concern.)
{
DEPARTMENT
JEB BUSH
Governor
STATE OF FLORIDA
OF COMMU
N ITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
iJ
The Honorable Joseph R. Russo, May
City of Palm Beach Gardens
10500 N. Military
Palm Beach Gardens, Florida 33410
Dear Mayor Russo:
City of cans -N
palm Beach Ga
SEP 16 _.
AJ
P�NNtNG
ZONt,
STEVEN M.SEIBERT
Secretary
The Department has completed its review of the proposed Comprehensive Plan Amendment
for the City of Palm. Beach Gardens (DCA No. 99 -1), which was received on July 2, 1999. Copies of the
proposed amendment have been distributed to appropriate state, regional and local agencies for their
review.
The Department has reviewed the proposed amendment for consistency with Rule 9J -5, F.A.C.,
Chapter 163, Part II, Florida Statues (F.S.), and the adopted City of Palm Beach Gardens Comprehensive
Plan. The Department raises no objection to the proposed amendment, and this letter serves as the
Department's Objections, Recommendations and Comments Report.
This letter and the enclosed external agency comments are being issued pursuant to Rule
9J- 11.010, F.A.C. Upon receipt of this letter, the City of Palm Beach Gardens has 60 days;in which to
adopt, adopt with changes, or determine that the Town will not adopt the proposed amendment. The
process of adoption of local comprehensive plan amendments is outlined in Section 163.3;184, F.S., and
Rule 9J- 11.011, F.A.C.
Within ten working days of the date of adoption, the City of Palm Beach Gardens, must submit
the following to the Department: 1
Three copies of the adopted comprehensive plan amendment;
• copy of the adoption ordinance;
• listing of additional changes not previously reviewed;
• listing of findings by the local governing body, if any, which were not included in the
ordinance; and
A statement indicating the relationship of the additional changes to the Department's Objections,
Recommendations and Comments Report.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100
Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781
Internet address: http: / /www.state.fl.us /comaff/
FLORIDA KEYS GREEN SWAMP.
Area of Critical State Concern Field Office Area of Crtical State Concern Field Office
2796 Overseas Highway, Suite 212 205 East Main Street, Suite 104
Marathon, Florida 33050 -2227 Bartow, Florida 3383OA641
The Honorable Joseph R. Russo
September 10, 1999
Page Two
The above amendment and documentation are required for the Department to conduct a
compliance review, make a compliance determination and issue the appropriate notice of intent.
In order to expedite the regional planning council's review of the amendment, and pursuant to
Rule 9J- 11.0.11(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive
Director of the Treasure Coast Regional Planning Council.
Please contact Talal M. Benothman, Planner IV, at (850) 487 - 4545, if you need additional
assistance.
Since y,
ob Cambric, AICP
Growth Management Administrator
BC /tmb
cc: Ms. Kim Glas, Principle Planner
Mr. Michael Busha, AICP, Executive Director, Treasure Coast
Regional Planning Council
r
GWJ T J i J 1 G`I 1101111. T dX : 2SJU— yLL`-JJ25U HU9 LU yt% 14: U`.i i. Ubt Uo
jeb Bush
Governor
Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth -Boulevard
Tallahassee, Florida 32399 -3000
August 20, 1999
David I3. Scrubs
Secreary
Mr. D. Ray Eubanks
Department of'Community Affairs
Bureau of Local Plying
2555, Shumard. Oak Boulevard
Tallahassee, Florida 32399 -2100
Re: Proposed Amendment toi the Palm Beach Gardens Comprehensive Plan, DCA 99 -1
Dear Mf. Eubanks:
The Office of Intergovernmental Programs of the D•epa, tment of Environmental Protection has
reviewed the above- referenced ameridment under time required provisions of Chapter 163, Part II,
Florida Statutes, and Chapter 9J-5 and* 91 11, Florida Administrative Code.
Our comments and recommendations are provided to assist your agency in developing the state's
response.
Please call ine at (850) 487 -2231 if you have -any questions about this response.
Sincerely,
Robert W, Hall
Office of Intergovernmental
Programs
Attuohment
I
it
"Protect, Conserve and Monage Florida's Environment and Natural Resources"
Prfntrd on ne4ded paper.
i
I '
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i
I
,
��PtEp �p4C
i
South Florida Water Management District.
GOB' 08 -28
August 13, 1999
Ray Eubanks, Planning Manager
Plan Review and DRI Processing Team
Department of Community Affairs
2555 Shumard Oak Boulevard
,Tallahassee, FL 32399 -2100
r
Dear Mr. Eubanks:
LAM
I
v
Subject: Proposed Amendment Comments
City of Palm Beach Gardens, DCA 9 99 -1
The South Florida Water Management District staff has reviewed the subject document and we
have no water resource related comments. If you have any questions or require additional
information, please call me at (561) 682 -6779.
Sincerely,
P.K. Sharma, AICP
Lead Planner
Lower East Coast Planning Division
Planning Department
PKS!mh
c: Michael Busha, TCRPC
Roxanne Manning, PBG
Roger Wilburn; DCA
Governing Board:
-Michael Collins, Chairman Vera M. Carter Nicolas J. Gutierrez, Jr. Frank R. Finch, P.E., Executive Director
Michael D. Minton, Vice Chairman Gerardo B. Fernandez Harkley R. Thornton Michael Slayton; Deputy Executive Director
Mitchell W. Berger Patrick J. Gleason Trudi K. Williams Trevor Campbell, Deputy Executive Director
4 rift -- P n P, ?41M \Y/PCr P�1m RP1r1; R 1141 F.4AAO
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
f>H6 of the Secretary
Office of (Electlorts Relations Dop, 0 Lxvia{on of Electioru Division of Cultu ratioro �
Division of Guttural Affairs
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
Division of Administrative Services
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of S `site
Mr. Ray Eubanks DIVISION OF HISTORICAL URCRi
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
rhvision of Bond Finance
Department of Revenue
artment of Law EnEorcernent
Department of Hi y Safety and Motor Vehicles
Department of Veteraru' Affairs
A a 3 1,a
Re: Historic Preservation Review of the City of Palm Beach Gardens (99 -1) Compr�hEi!is h�e�ian:Amenc
Request
Dear Mr. Eubanks:
According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter
9J -5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic
resources have been given sufficient consideration in the request to amend the Palm Beach Gardens
Comprehensive Plan.
f
We have reviewed the proposed text changes to the Housing, Intergovernmental Coordination; and Future Land
Use Elements, in addition to changes to the Future Land Use Map establishing a Western Northlake Boulevard
Corridor Planning Area and a MacArthur Boulevard historic Overlay to consider the potential effects of these
actions on historic resources. While our cursory review suggests that the proposed changes may have no adverse
effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not have an
adverse effect on significant archaeological or historic resources in Palm Beach Gardens. In particular, changes
involving increased density or intensity of existing land uses of tracts should be checked to see if any known or
potential historic resources, both archaeological sites or historic structures, would be affected by these actions.
Furthermore, we note that the city has now established a mechanism enabling the City Council to designate an
archaeological or historic site as significant. We trust that the city will utilize this mechanism to designate
additional sites in the future, and not only for a locally historic tree.
In sum; it is our opinion that the amended comprehensive plan meets (although known and potential historic
resources need to be carefully considered in the planning phases of proposed land use changes) the state of
Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J -5, F.A.C.,
regarding the identification of known historical resources within their specified area of jurisdiction, and for the
establishment of policies, goals and objectives for addressing known and potentially significant historical
resources in Palm Beach Gardens.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer
of the Division's Compliance Review staff at (850) 487 - 2333..
Sincerely, f .
George W. Percy, Director
Division of Historical Resources
R.A. Gray Building • SW South Bronough Street • Tallahassee, Florida 32399CM hq: / /www.flheritage.com
O Director's Office ` ° O Archaeological Research torIc Preservation O Historical Museums
(850) 488 -1480 • FAX-4M3355 (850) 487-2299 • FAX: 414-2207 ( )487-2333 • FAX: 922-0396 (M)488-1484 --FAX-921-?50
O Historic Pensacola Preservation Board O Palm Beach Regional Office O St Au&tutine Regional Office O Tampa Regional Office
-(M)595-5985 •. FAX: 595 -5989. (561) 279 -1475 • FAX-279-1476 . (904)82-;;-5045 • FAX: 825.5044 (813) 27238•L3 ! FAX: 272 -234Q
r, ; _
Florida Department of Transportation
JEB BUSH TH BARRY,JR.
GOVERNOR 3400 WEST COIvWERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33309 -3421
TELEPHONE: (954) 7774593; FAX: (954) 7774197
DIVISION OF
PLANNING AND PROGRAMS
August 12, 1999 -
Mr. Ray Eubanks, Planning Manager -�
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
Dear Mr. Eubanks:
SUBJECT: Proposed Comprehensive Plan Amendments
City Government: City of Palm Beach Gardens
DCA Amendment #99 -1
The Department has reviewed the proposed Comprehensive Plan Amendments for the City of
Palm Beach Gardens. The Department has no objections, recommendations or comments for
the proposed amendments. Thank you for the opportunity to participate in the review process.
,F
If you have any comments or questions about this letter, please contact me at (954) 777 -4601.
Sincerely,
- i
/r. -zj
F� f, Joseph M. Yesbeck, P.E.
District Director 1
Planning and Programs
JMY:lh
cc: B. Romig, FDOT Central Office
R. Wilburn, DCA
G. Schmidt, FDOT 4
J. Scully, FDOT 4
www.dot.state.fl,us ® RECYCLED PAPER
TREASURE COAST REGIONAL PLANNING COUNCIL
MEMORANDUM
To: Council Members AGENDA ItEM 6K
1�
From: Staff
Date: September 17, 1999 Council Meeting
Subject: Local Government Comprehensive Plan Review
Draft Amendments to the City of Palm Beach Gardens Comprehensive Plan
DCA Reference No. 99 -1 !
Introduction
The Local Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Florida Statutes, requires that the Council review local government
comprehensive plan amendments prior to their adoption. Under the provisions of this
law, the Department of Community Affairs (DCA) prepares an Objections,
Recommendations, and Comments (ORC) Report on a proposed amendment only if
requested to do so by the local government, the regional planning council, or an affected
person or if an ORC Report is otherwise deemed necessary by the DCA. If the local
government requests DCA to prepare an ORC Report, then the Council must provide
DCA with its own objections, recommendations for modification, and comments on the
proposed amendment within 30 days of its receipt.
Background
The City of Palm Beach Gardens has transmitted two Future Land Use Map (FLUM)
amendments as well as text amendments to the Intergovernmental Coordination,
Housing, and Future Land Use Elements of the City Comprehensive Plan. The City has
requested that the amendments be formally reviewed which will result in the preparation
of an ORC Report by the DCA.
Evaluation is
Future Land Use Map Amendments
1. West Northlake Boulevard Corridor Planning Area---In conjunction with Palm Beach
County and the City of West Palm Beach, a joint planning effort was conducted in
this corridor in 1998. Each local government passed a resolution in support of the
study recommendations. More recently, each jurisdiction signed an ifnterlocal
agreement committing to "heightened review," which includes the recognition of the
planning area in the comprehensive plan. The City of Palm Beach Gardens is
proposing to depict the corridor on its FLUM and to adopt Policy 1.1.5.9 which
commits to a heightened review of local land use changes and permit applications.
2. MacArthur Boulevard Historic District —Early in the 1960's when John D.
MacArthur was in the process of landscaping his new City of Palm Beach Gardens,
he relocated an 80 -year old banyan tree from the property of a Lake Park resident
who planned to have the tree cut down. Although much of the original landscaping,
pools, and fountains which had been placed at the entrance to the City are gone, this
huge banyan tree remains. The City has decided to begin to designate historic and
archeologically significant sites. They propose to establish. a protective historic
overlay zone to protect the MacArthur banyan tree. New Policy 5.1.5.3 is proposed
in the Coastal Management Element to protect MacArthur Boulevard as a historic
gateway into the City by protecting the banyan tree and a linear greenway.
Text Amendments
1. Intergovernmental Coordination Element — Amendments to Chapter 163.3177(h)
Florida Statutes require all local governments to address certain requirements and to
amend their plan if necessary by November of 1999. The City proposes the
following policies to address these requirements:
i
• Policy 8.1.1.5 commits to the utilization of the Palm Beach County Multi -
Jurisdictional Issues Coordination Forum for matters of intedu�sdictional
significance such as siting of facilities of countywide significance, or locally
unwanted land uses.
I
• Policy 8.1.1.9 clarifies that the Treasure Coast Regional Planning Council
informal mediation process will be utilized if issues are not resolved through the
County Intergovernmental Coordination process.
• Policy 8.1.1.11 commits the City to pursue interlocal agreements 'with local
governments who establish FLUM designations in adjacent areas These
agreements would establish joint planning areas.
• Policy 8.1.1.12 addresses coordination with schools in the State University
System regarding the development of campus master plans.
2. Future Land Use and Housing Elements Changes are proposed regarding Assisted
Living Facilities (ALFs) and other group homes. Policy 3.1.4.5 of the City's
Housing Element requires an evaluation of nursing homes, ALFs, and other group
homes with necessary revisions to the land development regulations by January
2000. In order to amend the land development regulations, the City needs to do a
comprehensive plan amendment to establish policies and criteria. The City staff has
prepared a "white paper" based on its research, and the City proposes the following
policy changes to the comprehensive plan:
2
New Policy 3.1.4.6 in the Housing Element indicates that ALFs are allowed in
all residential FLUM categories and addresses eligibility for a density bonus.
Policy 3.1.4.3 in the Housing Element is revised io commit to prpvide areas
appropriate for location of community -based homes for eligible residents.
Revised policies 1.1.1.4(d) and 1.1.1.5(a) of the Future Land Use Element
addresses eligibility of ALFs for a density bonus within Planned C' 0 mmunity
Developments and Planned Unit Developments.
Extrajurisdictional Impacts
These amendments were processed by the clearinghouse for the Palm Beach County
Intergovernmental Plan Amendment Review Committee on April 17, 1999. According to
the coordinator, no objections have been received. A letter from the School District of
Palm Beach County is attached.
Effects on Significant Regional Resources or Facilities
Analysis of the proposed amendments indicates that they would not have adverse effects
on significant regional resources or facilities.
The City is commended for the initiative to protect historic and archeologically
significant resources consistent with Regional Strategy 15.1.1 which is to identify and
protect archeological and historic resources in the region. The City is also commended
for the preparation of a research paper on ALFs and for the recognition of the special
needs of the elderly, consistent with Regional Gcsal 11.1 which addresses independence
and self sufficiency of the elderly and Regional Goal 2.4 which seeks an adequate supply
of safe and affordable housing to meet the needs of special populations.
Objections, Recommendations for Modification, and Comments
None
Recommendation
Council should adopt the above comments and approve their transmittal to the
Department of Community Affairs.
Attachments
1,
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OOL DlS� THE SCHOOL DISTRICT
W. �_ OF PALM BEACH COUNTY, FLORIDA
PLANNING d REAL ESTATE
3320 FOREST HILL BOULEVARD, C -331
{ WEST PALM BEACH, FL 33408.5813
cH (561) 434.8020 FAX(661)434-8187
BEA
May 13, 1999
Ms. Kim Glas
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Comprehensive Plan Amendment / PBG — 9 (99 -1)
Dear Ms. Glas:
DR.JOAN P.KOWAL
OF SCHOOLS
The proposed amendments to the Comprehensive :Plan will not impact the public school
system. These amendments are : Western Northlake Boulevard Corridor Planning Area,
ICE Revisions, MacArthur Banyan Tree Historic Overlay, Adult Congregate Living
Facility.
The density bonus proposed for Adult Congregate Living Facility will not have an
educational impact on the public school system provided the development orders contain
language that specifically limit the density to adult congregate living facility and if
converted to regular residential units, must comply with the underlying density.
If there are any questions, please call me at 434 -8800.'
Sincerely,
Ange D. Usher
Planning Specialist (Educational)
c:
Anna Yeskey, Clearinghouse
Terry Hess, TCRPC
Linda H. Hines, Palm Beach County School District
M Equal Education Opportunity Providerand Affirmative Action Employer
8
a
t
June 10,1 1999
ORDINANCE 27, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENT OF THE COMPREHENSIVE PLAN OF THE
CITY OF PALM BEACH GARDENS TO DELINEATE THE
WESTERN NORTHLAKE BOULEVARD CORRIDOR
PLANNING AREA, DESIGNATE A MACARTHUR BANYAN
TREE HISTORIC OVERLAY, REVISE THE
INTERGOVERNMENTAL COORDINATION ELEMENT
PURSUANT TO CHAPTER 163.3177(h), AND ADD NEW
POLICIES RELATING TO ASSISTED LIVING FACILITIES
AND NURSING HOMES; PROVIDING FOR TRANSMITTAL
AND FOR CODIFICATION IN THE COMPREHENSIVE PLAN;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has adopted an Evaluation and Appraisal Report pursuant to
Chapter 163.3191 (1), Fla. Stat., which was found to be 'sufficient' by the Department of
Community Affairs;
WHEREAS, the City has adopted a community 'vision' of the future encouraged by
Chapter 163.3167(l 1), Fla. Stat.;
WHEREAS, the City has entered into an interlocal agreement with Palm Beach
County and the City of West Palm Beach which requires certain amendments to the
Comprehensive Plan to recognize the Western Northlake Boulevard Corridor Planning
Area;
WHEREAS, Chapter 163.3177(h), Florida Statutes requires certain provisions to
be included in the Intergovernmental Coordination Element;
WHEREAS, Policy 3.1.4.5 of the Housing Element of the Palm Beach Gardens
Comprehensive Plan requires the City to .consider amendments pertaining to assisted
living facilities and nursing homes; and
WHEREAS, the Local Planning Agency for the City, after public hearing, has
recommended approval of the proposed amendments to the Comprehensive Plan of the
City. ;
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Comprehensive Plan of the City is hereby amended as set forth
in Exhibit °A ".
Section 2. The City Growth Management Director is hereby directed to ensure
that this ordinance and all other necessary documents are transmitted to' the Florida
Department of Community Affairs and, together with the City Clerk, to ensure that this
ordinance is codified as part of the Comprehensive Plan of the City.
Section 3. This ordinance shall be effective upon adoption, provided that the
subject comprehensive plan amendments shall become effective in accordance with
§163.3189(2), Fla. Stat.
PLACED ON FIRST READING THIS DAY OF '1999.
PLACED ON SECOND READING THIS DAY OF '1999.
PASSED AND ADOPTED THIS DAY OF '19919.
q..
Ordinance 27, 1999 Page 2
JOSEPH R. RUSSO, MAYOR ERIC JABLIN, COUNCILMEMBER
LAUREN FURTADO, VICE MAYOR
DAVID CLARK, COUNCILMEMBER
CARL SABATELLO, COUNCIL MEMBER
i
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
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
Ordinance 27, 1999 : Page 3
EXHIBIT "A"
Future Land Use Map Revisions
'f
1. Delineate the boundaries of the Western Northlake Boulevard Corridor Planning Area
2. Depict a symbol at the MacArthur Boulevard and Northlake Boulevard intersection and a
reference to Policy 5.1.5.3.
Future Land Use Element Revisions
1. Insert a new 'policy, Policy 1.1.5.9. to read as follows:
Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated
on the 2015 Future Land Use Map. This area is generally located south of the Beeline
Highway, west of the West Palm Beach Water Catchment Area, east of the J.W. Corbett
Wildlife Management Area and Seminole Pratt Whitney Road, and north of the southern
boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an
interlocal agreement, the City, Palm Beach County and the City of West Palm Beach shall
provide for a means of intergovernmental cooperation in implementing the recommendations
of the Western Northlake Boulevard Corridor Land Use Study, dated. June 8, 1998. The
provisions of this interlocal agreement shall establish a procedure for heightened review of
local land use change petitions and development permit applications.
2. Revise Policy 1.1.1.4.(d) to read as follows:
Policy 1.1.1.4.(d): In addition to the above, PCDs with an underlying Future Land Use
designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for
the provision of affordable housing, as defined in this Plan, or Parcels within PCDs may be
eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. an
"''"'+ `' T '^ ." ^A'A` r - 17` except in Coastal High Hazard Areas that are the
Category 1 Hurricane Evacuation Zones.
3. Revise Policy 1.1.1.5.(c) to read as follows: !
Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use
designation of RH may have densities permitted up to 15.0 dwelling units per,�ross acre for
the provision of affordable housing, as defined in this Plan, or , PUDs may bel eligible for a
density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. r a . Adult
Ordinance 27, 1999 Page 4 C
°b =---' 5 � ^ ^7 ", �;, except in Coastal High Hazard Areas that are the
VVIl V KLV 1 111 1 KV111L { LI-T
Category 1 hurricane Evacuation Zones.
Intergovernmental Coordination Element Revisions
1. Revise Policy 8.1.1.5 to read as follows:
Policy 8.1.1.5.: The City shall utilize the Palm Beach Countywide Intergovernmental
Coordination Process as a regular formal forum in which to deal with issues unique to Palm
Beach County and the municipalities therein. The Multi - Jurisdictional Issues Coordination
Forum shall be utilized as a means of collaborative planning for matters of inte durisdictiongI
significance including, but not limited to, the siting of facilities with countywiil� significance
and locally unwanted land uses.
2. Revise Policy 8.1.1.9 to read as follows:
Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal
mediation (voluntary dispute resolution) process to resolve disputes or conflicts, including
annexation issues, with other local governments, if not resolved through the Palm Beach
Countywide Intergovernmental Coordination Process. When the City's efforts fail to resolve
a dispute with any local government, the City shall notify the Regional Planning Council in
writing about the dispute, requesting the Council's mediation. The City shall also notify the
local government that the City has dispute with, about the City's request to the Regional
Planning Council.
3. Insert new policies, Policy 8.1.1.11. and Policy 8.1.1.12.,, to read as follows:
Policy 8.1.1.11: The City shall pursue interlocal aqreements with local governments
that have identified or adopted future land use desiqnations for adjacent
unincorporated areas. These aqreements would establish "joint planning areas"
pursuant to Chapter 163.3171, F.S. The City shall encouraqe joint planning
agreements that include as many of the followinq planninq considerations as are
applicable. Additional items could be addressed at the concurrence of both parties,
including:
a. Cooperative planning and review of land development activities within areas
covered by the aqreement;
b. Specification of service delivery; t
c. Fundinq and cost - sharinq issues with joint planninq areas; and
d. Enforcement/implementation.
Ordinance 27, 1999 Page 5
Policy 8.1.1.12.: The City shall coordinate with those schools in its, jurisdiction,
which are part of the State University System, reqardinq the development of
campus master plans or amendments thereto, to be done in accordance with
Section 240.155, F.S.
Coastal Manaqement Element Revisions
Insert a new policy, Policy 5.1.5.3 to read as follows:
Policy 5.1.5.3.: The City shall protect MacArthur Boulevard as a historic gateway into the
City through protection of the banyan tree(s) and linear greenway. This shall be accomplished
by designating the entry as a historic site and by establishing a historic overlay zone in the
Land Development Regulations by January, 2000.
Housing Element Revisions
1. Revise Policy 3.1.4.3. to read as follows:
Policy 3.1.4.3: The City shall provide for community based residential homes
needed to serve group hom. V n of other U. \G11J those residents which meet
the criteria established by state statute, which shall be located at convenient, adequate, and
non - isolated site*g within residential or public/institutional areas of the City. AA .1+ fl-- l bcic
L:..:« 1; n..�: .. / A 0T VA nU 11 1.� ^.,,,: * + ^,a +., t, .. +^ 1 C
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TT: 1, MM A,+ In —.7 ..n a nt:,,« .... «:,. «.. +;.,« -44, .. Dln « « ^.7 TT-:+
+115 \ u+, '-&-'W 1LKlY uJV YVJI KLaval VVa JuuvalVU •, ual K rlul—1 VIAL 1+V Va V�JlaavaaL vi
Dl� « «.,.i 0— «:+ Tl:n+.4 -# .V + :« 0--+.1 TT: 1. TT .A A - n +11—+ .,re +1�.�
K 1 VY VVllullulu L,I L1UL11VL VAVV�JL 1.1 VVKJLKI lllbll 11K4L11Y L11 VKJ Ll1KL K1V L11V VKLV�. VI' 1
+ +Yl11VK11V L1KVUKL1 Vll LJVIIV J.
2. Insert a new policy, Policy 3.1.4.6, to read as follows:
Policy 3.1.4.6: Assisted Living Facilities (ALFs) shall be allowable in all residential land usP
categories subject to the density thresholds of the category.
ALFs within a Planned Unit Development or parcel within a Planned Community District may
be eligible for a density bonus subject to City Council approval. Council consideration of an
ALF density bonus shall be based upon criteria which includes: compatibility with
surrounding uses; impact on service delivery; provision of buffering and setbacks to mitigate
building I bulk or intensity; and/or design considerations of buildings and site. With
demonstration of meeting said criteria, Council may approve an ALF density bonus of up to
Ordinance 27, 1999 Page 6
18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre
in Residential High and Mixed Use areas. This density bonus shall not be applicable within
the Coastal High Hazard Area.
Skilled Care Nursing Facility may be permitted within Residential High land use areas at a
maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing
Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed
within Commercial land use areas subject to the intensity thresholds of the category. The
density for dwelling units and beds of Continuing Care Retirement Communities shall be.
measured from separate acreages delineated for each component,
1.
,1.
Ordinance 27, 1999 Page 7
#99 -1 Proposed Comprehensive Plan Amendments
Future Land Use Map Revisions
Delineate the boundaries of the Western Northlake Boulevard Corridor Planning Area
Depict a symbol at the MacArthur Boulevard and Northlake Boulevard intersection and a
reference to Policy 5.1.5.3.
Future Land Use Element Revisions
Insert a new policy, Policy 1.1.5.9. to read as %#flows:
Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the 2015
Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm
Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt
Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin
Boulevard. Through an interlocal agreement, the City, Palm Beach County and the City of West Palm
Beach shall provide for a means of intergovernmental cooperation in implementing the recommendations
of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The provisions of this
interlocal agreement shall establish a procedure for heightened review of local land use change petitions
and development permit applications. ! .
2. Revise Policy 1.1.1.4.(d) to read as follows:
Policy 1.1.1.4.(4): In addition to the above, PCDs with an underlying Future Land Use designation of RH
may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable
g,
housin as defined in this Plans c. Parcels within PCDs may be eligible for a density bonus for Assisted
Living Facilities pursuant to Policy 3.1.4.6. th- "w••�• C„ ^ ^^� ^^ T „ wc;l�* -• a rT except in
Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. 1
3. Revise Policy 1.1.1.5.(c) to read as follows:
Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use designation of RH
may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable
housing, as defined in this Plar, o:. PUDs may be eligible for a density bonus for Assisted Livinp
Facilities pursuant to Policy 3.1.4.6. th, .,.. daft' except in Coastal
High Hazard Arm that are the Category 1 Hurricane Evacuation Zones.
Intergovernmental Coordination Element Revisions
1. Revise Policy 8.1.1.5 to read as follows:
Policy 8.1.1.5.!. The City shall utilize the Palm Beach Countywide Intergovernmental_Coordination
Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the
municipalities therein. The Multi- Jurisdictional Issues Coordination Forum shall be utilized as a means of
collaborative planning for matters of intedurisdictional significance including, but not limited to, the siting
of facilities with countywide significance and locally unwanted land uses.
2. Revise Policy 8.1.1.9 to read as follows:
Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal mediation
(voluntary dispute resolution) process to resolve disputes or conflicts, including annexation issues, with
other local governments, if not resolved through the Palm Beach Countywide Intergovemmental
Coordination Process. When the City's efforts fail to resolve a dispute with any local government, the City
shall notify the Regional Planning Council in writing about the dispute, requesting the Council's mediation.
The City shall also notify the local government that the City has dispute with, about the CiWs request to the
Regional Planning Council. I j
3. Insert new policies, Policy 8.1.1.11. and Policy 8.1.1.12., to read as follows:
Policy 8.1.1.11: The City shall pursue intedocal agreements with local qovemments that have
identified or adopted future land use designations for adjacent unincorporated areas. These
agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The City
shall encourage joint planning agreements that include as many of the following planning
considerations as are applicable. Additional items could be addressed at the concurrence of both
parties, including:
a Cooperative planning and review of land development activities within areas covered by the
agreement;
b. Specification of service delivery;
C. Funding and cost- sharinq issues with joint planning areas; and
d. Enforcementrimplementation.
Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction, which are part of
the State University System, reqardinq the development of campus master plans or amendments
thereto, to be dome in accordance with Section 246:155, F.S.
Coastal Management Element Revisions
Insert a new policy, Policy 5.1.5.3 to read as follows:
Policy 5.1.5.3.: The City shall protect MacArthur Boulevard as a historic gateway into iihe City through
protection of the banyan tree(s) and linear greenway. This shall be accomplished by designating the entry
as a historic site and by establishing a historic overlay zone in the Land Development Regulations by
January, 2000.
Housing Element Revisions
1. Revise Policy 3.1.4.3. to read as follows:
Policy 3.1.4.3: The City shall provide for community based residential homes care theilities needed to
serve group homes w.d the c! .•w or offic. prcgre...s those residents which meet the criteria established by
state statute, which shall be located at convenient, adequate, and non - isolated sites within residential or
public!mstitutional areas of the City. "d.,:.,l. ^c«,...eptc T :: .A /°T V..% clk�„ a, V e
t.....e up to t [ ..«;fw PC.r a ....« ►h., 10— M. —f —I1 TT:eA MM fi.:tu v :u;..A. µw. �en:......s:e« : '., «..Ke« ..4#1k ,.
D!=e w Unit. De. e.v. y.e «r . e. .0 D,.««�i !w`.+.++.++.. «:�.. excw«t.:« !w'.,....�..t V .u;rj./. .. . L.T.... ..—..A . .A.— ....... A......# . ._.-
2. Insert a new policy, Policy 3.1.4.6, to read as follows:
Policy 3.1.4.6: Assisted,Living Facilities (ALFs) shall be allowable in all residential land use categories
subject to the density thresholds of the category.
ALFs within a Planned Unit Development or parcel within a Planned Community District may be eligible
for a density bonus subject to City Council, approval. Council consideration of an ALF density bonus shall
be based upon criteria which includes: compatibility with surrounding uses; impact on service delivery,
provision of buffering and. setbacks to„ mitigate building bulk or intensity; and/or, design, considerations of
buildings and site. With demonstration of meeting, said criteria, Council may approve an ALF density
bonus of up to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre
in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal
High Nerd Area.
Skilled Care Nursing Facility may be.permitted within, Residential High land use,areas at a maximum of
38 beds„ per acre when, designed with an Assisted Living Facility in .a Continuing.. Care Retirement
Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas
subject to the intensity thresholds of the category_ . The density for dwelling units and beds of Continuing
Care Retirement, Communities shall be measured from separate acreages delineated for each component.
A .-k
Ecl
. . . . . . . . . .
Auk,
19
01/05/1999 09:31 561- 434 -4513 LLtHKtr Y1-k at ra ac tic
Chapter 163.3177(h)
1. An intergovernmental coordination element showing relationships and stating principles and
guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the
plans of school boards and other units of !oval government providing services but not having regulatory
authority over the use of land, Aith the comprehensive plans of adjacent municipalities, the county,
adjacent counties, or the region, and with the state comprehensive plan, as the case may requi I c and as
such adopted plans or plans in. preparation may exist. This element of the local comprehensive plan shall
demonstrate consideration of the particular effects of the local plan, when adopted, upon the±developmcnt
of adjacent municipalities, the county, adjacent counties, or the region, or upon the state comprehensive
plan, as the case may require.
a. The intergovernmental coordination element shall provide for procedures to identify and implement
joint planning areas, especially for the purpose of annexation, municipal incorporation, and joint
infrastructure service areas.
b. The intergovernmental coordination element shall provide for recognition of campus master plans
prepared pursuant to s. 240.155.
c. The intergovernmental coordination element may provide for a voluntary dispute resolution process as
established pursuant to s. 186.509 for bringing to closure in a timely manner intergovernmental disputes.
A local government may develop and use an alternative local dispute resolution process for this purpose.
2. The intergovernmental coordination element shall further state principles and guidelines to be used in
the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards
and other units of local government providing facilities and services but not having regulatory authority
over the use of land. In addition, the intergovernmental coordination element shall describe joint
processes for collaborative planning and decisionmtaking on population projections and public school
siting, the location and extension of public facilities subject to concurreney, and siting facilities with
countywide significance, including locally unwanted land uses whose nature and identity are established
in an agreement. Withia 1 year of adopting their intergovernmental coordination elements, each county,
all the municipalities within that county, the district school-board, and any unit of local government
service providers in that county shall establish by interlocal or other formal agreement executed by all
affected entities, the joint processes described in this subparagraph consistent with their adopted
intergovernmental coordination elements. V
1'.
3. To foster coordination between special districts and local general - purpose governments as local
general- purpose governments implement local comprehensive plans, each independent special district
must submit a public Facilities report to the appropriate local government as required by s. 189.415.
4. The state land planning agency shall establish a schedule for phased completion and transmittal of
plan amendments to implement subparagraphs 1., 2., and 3. from all jurisdictions so as to accomplish
their adoption by December 31, 1999. A local government may complete and transmit its p�acr
amendments to carry out these provisions prior to the scheduled date established by the state; land
planning agency. The plan amendments are exempt from the provisions of s. 163.3187(1).
ADULT CONGREGATE LIVING FACILITIES
I. Purpose
June 14, 1999
The EAR -based Comprehensive Plan, Policy 3.1.4.5, states that "By January 2000, the
City shall undertake an evaluation of nursing homes, assisted living facilities, and other
group homes, and amend the Land DevelopAnt Regulations to add criteria which
facilitates the development of such uses in the City." Staff has initiated this analysis to
address some issues within this policy.
In 1996, there were 33.8 million people in America over the age of 65. Each day this
population increases by an average of 1,600 people, and it will double by the year 2030 -
from Elderly Housing Market Has Exploded to Meet Demands of Older People. Florida also
has one of the highest population percentages of persons over 65 in the nation. This
growing population has been driving the demand for elderly housing, parficularly adult
congregate living facilities. The purpose of this review is to see if the Comprehensive Plan
will adequately accommodate what is surely going to be a growing development trend in
the nation, state and the City of Palm Beach Gardens.
II. Definitions and Present Densities Allowed
Some industry experts define ACLFs as Assisted Living Facilities. For the purpose of this
analysis, the term Adult Congregate Living Facilities will be used to define any facilities
which offers residence, services, meals, and skilled care to an elderly population. ACLFs
have then been subdivided into three categories, Independent Living, Assisted Living and
Skilled Care Nursing "I
ACLFs are designed to provide a wide range of services and amenities, from Independent
Living which may resemble your typical non - licensed apartment/condominium retirement
community, to a 24 hour Skilled Care nursing facility. In between these two ends of the
spectrum is Assisted Living, which allows for independent living with limited care and
services. Developments which provide this entire spectrum of amenities and services is
known as "Continuing Care Retirement Communities." This type of community represents
a growing trend in the retirement community industry.
As mentioned above, Independent Living "consists of private apartments with an extensive
array of services available to the person or persons who live in the apartment. All
Independent Living facilities emphasize, to at least some degree, independence and
privacy. In most facilities there are no shared apartments (except by choice), all
apartments have private bathrooms and most have a kitchenette. In most cases, the
apartments can be furnished by the resident to meet his or her normal lifestyle. In short the
main. goal of assisted living is to provide as normal an atmosphere as possible, while
� �fi
�i
providing all the personal care you may need" - from About Assisted LivingI
Assisted Living may consist of private apartments with an extensive array of services.
However, the assisted living resident may require more care than an independent living
resident, and may utilize the congregate facilities (e.g. dining, living and bathing spaces)
more so than independent living residents. Also, assisted living residents may be more
likely to share living spaces with a non - relative or spouse. Presently, the;City permits
the ACLFs in all residential districts consistent with the maximum density of the land
use category. he City's Comprehensive Plan further allows a density bonus for
Independent and Assisted Living ACLFs in Residential High (RH) land use
categories at up to 15 d.u. /acre.
Skilled Care Nursing Facility consists of traditional "nursing home" levels of care, which
includes, congregate meals, shared living and bathing spaces, shared bedroom spaces
with non - relative or spouse, and 24 hour medical care. Skilled nursing care facilities have
a different state license than the independent and assisted living facilities. Presently, the
City's Comprehensive Plan is silent in regards to Skilled Care Nursing Facilities.
However, City policy and the land development regulations allow them in
Commercial zoning districts.
III. Comparative Density Regulations
The City of Palm Beach Gardens Comprehensive Plan currently allows for ACLFs at a
density of 15 dwelling units per acre in Residential High (RH). The following are the
highest densities permitted by other local municipality zoning codes in residential districts:
Jupiter: 20 dwelling units per acre, R -3 zoning district
West Palm Beach: 32 dwelling units per acre, Type 3 ALF, any district
Stuart: 30 dwelling units per acre, MF district
Fort Lauderdale: '30 dwelling units per acre, RH -30 district
Boynton Beach: 11 dwelling units per acre
Lake Worth: 30 dwelling units per acre, PO /MF special use district
Delray Beach 12 dwelling units in RM district
average 24 dwelling units per acre
On average, other municipalities allow for higher densities (dwelling units per acre) than
does the City for ACLFS. The City's Comprehensive Plan allows ACLFS ash a permitted
use only. Some communities allow for ACLFS as a conditional use. The following
municipalities allow ACLFS at the following densities as a Conditional Use:
Riviera Beach: 30 dwelling units per acre, MF district
Tequesta: 24 dwelling units per acre, Mixed Use district
2
Greenacres:
Fort Lauderdale:
Fort Pierce:
Delray Beach:
West Palm Beach:
average
20 dwelling units per acre, FPM and RH district
60 dwelling units per acre, RH-60 district
Density and district un- specified, to be determined by City
Commission.
Density unspecified, Community Facilities District, Central Business
District, Old School Square Historic District
32 dwelling units per acre, MF -14 - MF -32, Center City, Community
Service, General Commercial, Neighborhood Commercial,
Professional Office Residential, Office Commercial
33 dwelling units per acre
On average, ACLFs permitted as a conditional use are allowed at higher densities.
III. Comparative Uses Allowing ACLFs
The City's Comprehensive Plan allows ACLFs in all Residential land use districts, subject
to the corresponding density requirements. Some area municipalities allow ACLFs in non-
residential districts. The following municipalities allow for adult congregate living facilities
in non - residential districts:
Boca Raton: Medical Center district, 75 dwelling units per acre.
Jupiter: C -2, C -3 Commercial districts, 20 dwelling units per acre.
Juno Beach: Waterford Commercial /Office PUD, 18 dwelling units per acre.
Lake Worth: PO/Multi Family special use district, 30 dwelling unit per acre
Tequesta: Mixed Use district, 24 dwelling units per acre.
Delray Beach: Central Business District, Old School Square District, Community
Facilities district, density unspecified.
West Palm Beach: Center City, Community Service, General Commercial, Neighborhood
Commercial, Professional Office Residential, Office Commercial,
density unspecified
average 33 units per acre
On average, ACLFs in non - residential districts are permitted at higher densities than in
residential rlicfrinfc
IV. ACLF Traffic Trip Rates
Based on industry descriptions of Adult Congregate Living Facilities, the product will
typically be very similar to conventional multi - family residential. Therefore, regulating
ACLFs in a manner similar to conventional multi - family residential (dwelling units per acre)
3
is appropriate.
The Institute of Transportation Engineers Trip Generation Manual, contains a trip analysis
for Congregate Living Facilities and Conventional Multi - Family Residential '(defined as
Post 1973 - Apartments). Due to the elderly characteristic of typical ACLF populations and
the typical location of many daily services on site, the number of trips entering and leaving
a ACLF is typically lower than conventional multi - family residential. Trip rates, CLFs versus
standard high - density residential were determined as follows:
POST 1973 MULTI- FAMILY
Weekday Average Trip Rate:
6.28 trip rate (trip rate = 7-trips/7-dwelling units)
CONGREGATE LIVING FACILITY
Weekday Average Trip Rate:
2.2 trip rate
CLF trip rate is approximately 35% that of rates generated at conventional multi-
family development.
Using a straight line'interpolation of the relationship between trip generation and intensity
(dwelling unitstacre), there should be some relief from maximum density requirements for
ACLFS. Using the basis that 12 dwelling units per acre is the maximum density allowed
at conventional multi - family and that ACLFS trip rates are 35% of conventional multi - family
trip rates, then 34 dwelling units per acre would generate the same traffic trips as a 12
dwelling unit per acre conventional multi - family facility. Densities would continue to be
restricted by lot size, building lot coverage and maximum building height.
V. Emergency Services
One concern regarding the intensity /density of ACLFs is emergency medical service
needs, most commonly fire- rescue vehicles. Due to the elderly nature of ACLF
populations, these types of uses generate higher number of service calls than
conventional multi - family developments. The Palm Beach Gardens Fire Department has
provided data on service calls for several multi- family residential developments as well as
the Prosperity Oaks Independent Living /Assisted Living Facility and the Heartland Skilled
Nursing Care Facility:
Prosperity Oaks ACLF
13.5 calls monthly
(1998 average)
Heartland Health Care
5.1 calls monthly
(1998 average)
Meadows Mobile Home Park
3.2 calls monthly
(1998 average)
Devonshire ACLF
2.5 calls monthly
(1st quarter 1999)
Longwood Condominiums
2 calls monthly
(1998 average)
4
Tamberlane Condonminiums
Trails End Villas
1.2 calls monthly (1998 average) j
.2 calls monthly (1998 average)
i
f
This data indicates that ACLF facilities (Prosperity Oaks and Heartland) do generate
higher service calls than conventional multi - family. This should be taken into consideration
when determining density and intensity of such a use. i
VI. ACLFs only in Planned Unit Developments
Some area jurisdictions require that ACLFs be developed only in Planned Unit
Developments. Due to the proposed higher densities, this may be an appropriate
requirement in the City. In addition, this approval process may require an additional. level
of review and notification than the Planned Unit Development process provides. The
Planned Unit Development process would be used in lieu of any Conditional Use
requirements. The PUD process would also allow for the developer to seek deviations from
the code, such as height limit requirements, while the City Council can ensure that
additional measures are taken to ensure compatibility with the surrounding areas.
VII. Minimum Open Space Requirements
The Planned Unit Development zoning district requires a 40% open space dedication for
residential Planned Unit Developments. This open space dedication should be applied to
all ALF /Skilled Care /Nursing Home PUDs, even if they are not located in a residentially
designated land use area. ALF developments located within Mixed Use land use
designations should meet the minimum open space criteria set forth in that section of the
Comprehensive Plan.
Vlll. Permitted Land Use Districts
Presently, uses defined for the purposes of this analysis as "ACLF" are allowed in three
zoning districts, Residential High (RH), General Commercial (CG -1) and General
Commercial (CG -2). Independent Living and Assisted Living Facilities, which are currently
defined as the only ACLFs by the Comprehensive Plan, are allowed in Residential High
(RH). Skilled Care Nursing Facilities are permitted only in CG -1 and CG -2 zoning districts
and are not directly addressed by the Comprehensive Plan.
The City of Palm Beach Gardens presently has a Mixed Use Land Use (MXD) category.
The MXD category requires for a certain percentage of Residential. This may be utilized
for ACLF uses. Densities may be further restricted by land allocation maximums, building
lot coverage and building height maximums specified in the Mixed Use Development
section of the Comprehensive Plan.
l
5 �'
Recognizing the industry trend toward a single "campus" of independent living, assisted
living dwelling units and skilled care nursing facilities, there may be a need to allow for this
activity in residential and Mixed Use land use categories. Within residential districts
nursing homes should meet all residential zoning requirements, while discretion should be
placed on the developer to maintain a residential character. In addition, nursing homes
should only be permitted in residential land uses when in conjunction with an independent
and /or assisted living "Continuing Care Retirement Community" Planned Unit
Development.
IX. Existing ACLF Developments
Staff undertook an analysis of existing ACLF communities both in the City and in other
location in Palm Beach County. The following is a breakdown of these communities:
Lakeside Village
Palm Beach County
HR -8: 8 dwelling units
per acre max.
The Classic
HR-12:12 dwelling
Palm Beach County
units per acre max.
Devonshire
. RH: Maximum 15
Palm Beach Gardens
dwelling units per acre.
Prosperity Oaks
RH: Maximum 15
Palm Beach Gardens
dwelling units per acre.
Brighton Gardens
MF -32: Maximum 32
West Palm Beach
dwelling units per acre
The Waterford
Commercial
Juno Beach
Courtyard Gardens
Residential - 8
Jupiter
The Carlisle
C-1 Commercial
Lantana
McKeen Tower
Central Business
West Palm Beach
District
R
6.7 du /acre
9.98 du /acre
14.98 d.u. /acre
15 d.u. /acre
13.8 d.u. /acre
19.5 d.u. /acre
20 d.u. /acre
23.13 d.u. /acre
27.4 d.u. /acre
'R7
8.7 d.u. /acre
9.98 d.u. /acre
i
14.98 d.u. /acre
i
15 d.u. /acre
1
16.7 d.u.)acre
I
19.5 d.u. /acre
20 d.u. /acre
23.13 d.u. /acre
55 d.u. /acre
The following Skilled Care Nursing Facilities are located within the City: i
Devonshire
2.53
160
1.4
45 rooms/acre
2
32 rooms/acre
Medical Mail
2.66
120
1.4
45 rooms/acre
2
22.5 rooms/acre
Prosperity 4.97 120
1.4
17 rooms/acre
2
12 rooms/acre
Oaks
Lakeside 2.75 120
1.4
31 rooms/acre
2
22 rooms/acre
Village
Palm Beach
County
' Based on Capital Research Industry Study for ACLFS
X. Proposed Densities for ACLFs
The ITE weekday trip rate for ACLF's was roughly 35% that of conventional multi - family
residential. This means that the trip rates would b6fthe same for 12 du /acre of multi - family
as 34 du /acre of ACLF. However, due to certain intensities of the use, including higher
emergency service calls, this may be too high a density. However, the present maximum
density for ACLFs of 15 du acre, may be too low, given the lesser impact of ACLFs to the
surrounding community, and may make development of this product on smaller parcels
economically infeasible. Staff is recommending that the present density bonus of three
dwelling units per acre be replaced with a potential bonus of "two for one ", This would
potentially allow for up to 24. dwelling units per acre in the RH category. Also, staff is
recommending that a maximum of two beds per dwelling unit be applied to all ACLFs to
avoid large numbers of rooms being counted as one dwelling unit.
The ITE weekday trip rate for nursing homes /skilled care facilities is 4.027 per room. This
trip count includes all service vehicles, employees and visitors, but does not include
emergency vehicles. The average weekday trip rate for conventional multi - family is 6.28
per dwelling units. The difference between nursing homes and conventional multi -
family/independent and assisted living facilities is that densities are typically measured by
beds, or in the case of the ITE manual, rooms. When equaling one room to one dwelling
unit, there is less of a traffic trip rate for nursing homes than conventional multi - family
housing. This provides some justification for the location of nursing homes in residential
districts. Based on tlha ;TE trip rates, a Nursing Home facility with 19 roor%s per acre
would generate the same weekday trip rates as would a 12 dwelling unit per acre
multi - family development. With a maximum of two beds per room allowed, this would
7
equal 38 residents per acre.
The 38 beds per acre criteria for nursing homes is a bit more restrictive than what is
already permitted for nursing homes in the City. However, nursing homes are not presently
permitted in residential districts. Therefore, a lower density maximum may be appropriate
for Nursing Homes located within residential districts.
All independent and assisted living components of an ACLF shall be measured as dwelling
units /acre a maximum of 2 beds per unit. All skilled care nursing facility components of an
ACLF shall be measured by beds /acre. ACLFs which propose both independent/assisted
living and skilled care nursing components shall delineate acreage for each such
component, the density for dwelling units and beds being measured from the separate
acreage.
XII. Proposed Comprehensive Plan Language
The current Comprehensive Plan language for ACLFs is as follows:
Policy 3.1.4.3: The City shall provide for community based residential care facilities
needed to serve group homes and the clients of other programs, located at convenient,
adequate, and non - isolated sites within residential or public/institutional areas of the City.
Adult Congregate Living Facilities(ACLFs) shall be permitted to have up to 15 units per
acre in the Residential High future land use designation in conjunction with a Planned Unit
Development or a Planned Community District except in Coastal High Hazard Areas that
are the Category 1 Hurricane Evacuation Zones.
To better delineate between "community based residential care facilities" and ACLFs a
separate policy should be established.
Revise old policy to address only community residential homes:
Policy 3.1.4.3: The City shall provide for community based residential homes care
facilities needed to serve group ; o les and the crier Its Of ot; er pr ogr al; is those residents
which meet the criteria established by state statute, which shall be located at convenient,
adequate, and non - isolated sites within residential or publiclinstitutional areas of the City.
-A AuLL n.............,. —&_ 1 r....: Ca:.... ! A /11 r..\ ..L...11 L.... ww�_...:al...J a... L....... ..... a.. ' r .....:a.. ..
llUUll VVIIy1GyQ►G L_IVIIII 1 QL.IIIUGJ `!lllLl 01 JIIQII VG t./GI11I1LLGV LU IIQVG Up LV I%J UIIILO Pal-
a4.. A....:.J.....a'..1 1 1:... L. /M"', Z. ..... L.....J .J....:........L:..... :... ..a:...... .:aL. ...1"11........
QNG 111 LI IG 1 \GJIVGI IIIQI I IIIJ.II `I\I 1� IUIUIG IQI IV UJG UGJ ItJ.1 IQUVII 1.1 WI IjUIILAIVII WILII Q I IQIIIIi3J
Vllll LJGVGIVF,JIIIGI II VI Q nlQlll leu VVI11161U11IL VIJL IL.t except Vl'JQJL I Iiyll i iaLaru r- ea.`S
111Q1 are Lit VQIGIJ. VIy 1 1 IUIIII+QI IG- LVQVUQ LI VII LVIIGJ.
New Policies for ACLFS and Nursing Facilities:
8
I
Policy 3.1.4.6: Assisted Living Facilities (ALFs) shall be allowable in all residential land
use categories subject to the density thresholds of the category
ALFs within a Planned Unit Development or parcel within a Planned Community District
may be eligible for a density bonus subject to City Council approval. Council consideration
of an ALF density bonus shall be based upon criteria which includes: compatibility with
surrounding uses; impact on service delivery; provision of buffering and setbacks tn
mitigate building bulk or intensity; and/or design considerations of buildings and site. With
demonstration of meeting said criteria, Council may approve an ALF density bonus of up
to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per
acre in Residential High and Mixed Use areas. This density bonus shall not be applicable
within the Coastal High Hazard Area.
Skilled Care Nursing Facility may be permitted within Residential High land use areas at
a maximum of 38 beds per acre when designed with an Assisted Living Facility in a
Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall
be allowed within Commercial land use areas subject to the intensity thresholds of th°
category. The density for dwelling units and beds of Continuing Care Retirement
Communities shall be measured from separate acreages delineated for each component.
Other Policies to be amended: Policy 1.1.1.4.(d):
Policy 1.1.1.4.(d): Irt.addition to the above, PCDs with an underlying Future Land Use
designation of RH may have densities permitted up to 15.0 dwelling units per gross acre
for the provision of affordable housing, as defined in this Plan; er-. Parcels within PCDs
may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6
fcr ai I r%U L vvi igr agate �ivii iy 10%.1iii Y �r►v�� j, except in Coastal High Hazard Areas that
are the Category 1 Hurricane Evacuation Zones.
S•
Other Policies to be amended: Policy 1.1.1.5.(c):
Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use
designation of RH may have densities permitted up to 15.0 dwelling units pe� gross acre
for the provision of affordable housing, as defined in this Plan, or. PUDs may be eligible
for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. for an Adult,
Co gr agato Living I aCiii ji (ACLF), except in Coastal High Hazard Areas that are the
Category 1 Hurricane Evacuation Zones.
9
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 10111/99
Meeting Date: 10/21/99
Subject/Agenda Item
Ordinance 41, 1999, Amending the Fiscal Year 1998 -1999 Budget
Recommendation /Motion:
Staff recommends approval of Ordinance 41, 1999 on second reading.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ]Denied
Advertised:
ACM
Funding Source:
( ] Continued to:
Attachments:
Other
Date: September 15,
1999
[ ] Operating
[ ] Other
Paper: Palm Beach Post
[ ] Not Required
a
Memorandum
Submitted by:
Kent R. Olson KPb
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND: Approved on first reading on September 2, 1999. See attached memorandum.
M
MEMORANDUM
TO Bobbie Herakovich, City Manager
FROM Kent R. Olson, Finance DirectorKkO
SUBJECT Ordinance 41, 1999
DATE September 21, 1999
BACKGROUND
The flood in early January, 1999, required the Public Works Department to
address drainage problems in a timely manner this fiscal year to prevent future
flooding. Since the Department had spent most of its drainage budget on scheduled
projects before the flood occurred, monies should be appropriated to pay for these
emergency projects by a budget amendment.
DISCUSSION
Attached please find an ordinance which includes a spreadsheet detailing a
Budget amendment for the Gas Tax Fund. The City recently received the State's
portion of the disaster relief from the October, 1995 flood. These monies, plus other
available funds, including appropriated fund balance, comprise the $150,000 needed
for the budget amendment. The Gas Tax Fund has sufficient monies available with
which to amend the Budget.
RECOMMENDATION
I recommend that the City adopt Ordinance 41, 1999 on second reading,
providing for amendments to the Fiscal Year 1998 -1999 Budget.
ORDINANCE 41, 1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO ORDINANCE 18, 1998, SAME BEING THE
BUDGET ORDINANCE OF THE CITY OF PALM BEACH
GARDENS FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1998, AND ENDING SEPTEMBER 30, 1999, INCLUSIVE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING FOR
SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a
budget for the 1998/1999 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made to
reflect changes in circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens hereby amends
Ordinance 18, 1998 in the following particulars:
Account 16- 312.3000 Local Option Gas Tax, shall be increased from $535,000 to
$551,774.
Account 16- 331.9040 State Grants, shall be increased from $0 to $118,226.
Account 16- 389.0000 Appropriated Fund Balance, shall be increased from $59,000 to
$74,000.
Account 16- 3000 - 539.5265 Road and drainage repairs, shall be increased from $458,000
to $608,000.
SECTION 2. Items listed in the Attached Exhibit "A" and figures are hereby amended as
to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 1998, through
September 30, 1999, inclusive.
SECTION 3, All Ordinances or parts thereof in conflict herewith are hereby repealed.
ORDINANCE 41, 1999
PAGE 2 OF 2
SECTION 4. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be
invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only
that part declared to be invalid.
SECTION S. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 11999.
PLACED ON SECOND READING THIS DAY OF '1999.
PASSED AND ADOPTED THIS DAY OF , 1999.
MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN
VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK
t„
COUNCILMAN CARL SABATELLO
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
Exhibit "A"
City of Palm Beach Gardens
1998/1999 Budget Revisions
Budget
Account Title 1998/1999
16- 312.3000 Local Option Gas Tax 535,000
16- 331.9040 State Grants 0
16- 389.0000 Appropriated Fund Balance 59,000
Total 594,000
16- 3000 - 539.5265 Road and drainage repairs 458,000
Total 458,000
Recommended
Revised
Adjustment
1998/1999
16,774
551,774
118,226
118,226
15,000
74,000
150,000
744,000
150,000.
608,000
150,000
608,000
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 21, 1999
Date Prepared: October 11, 1999
Subject/Agenda Item: Public hearing and Second Reading for Ordinance 43, 1999,
approving City- initiated Petition TXT -99 -10 to amend the City's land development
regulations for borrow pits, excavation and fill, and mining.
Recommendation /Motion: Staff recommends approval of Ordinance 43. 1999,- adopting
text amendments to the City's land development regulations fo'r borrow pits, excavation and fill, and mining.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Planning & Zoning
[ ] Approved
ACM
Div' 'on
$
[ ] Approved wi conditions
Other
Current FY
[ ]Denied
Funding Source:
[ ] Continued to:
Advertised:
Date: September 11
[ ] Operating
Attachments:
and October 16, 1999
[ ] Other
1. Ordinance
Paper. Palm Beach Post
2. Section 118 -284, City
[ ] Not Required
Code of Ordinances
Submitted by:
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct #:
[ ] None
Approved by:
City Manager
[ X ] Not required
BACKGROUND:
An owner of property along the eastside Beeline Highway, north of PGA Boulevard, has inquired
about developing a borrow pit operation in that location. The City's zoning regulations currently
allow borrow pit operations as a Conditional Use, if approved by the City Council following an
advisory recommendation from the Planning and Zoning Commission. However, because of a legal
1
concept known as "zoning in progress," the proposed project is "on hold" until the City completes
amendments to the City's land development regulations that govern borrow pits and excavation and
fill activities, which are similar in many respects. In accordance with the "Forbearance Agreement"
approved by City Resolution 59, 1999, this property is eligible to begin review for development
approval by the City on or after November 13, 1999.
The City's land development regulations currently allow borrow pits and excavation and fill
activities. Section 118 -284 (copy attached) of the City's land development regulations allows
borrow pits if a Conditional Use is approved by the City Council, following an advisory
recommendation by the Planning and Zoning Commission. However, no specific zoning districts
are indicated and no definitions are proviledrrthL pity's land -ce -
_ fafions: -- Chapter' _�...._.
94 in the City's land development regulations allows excavation and fill activities if approved as part
of a development order issued by the City. The above regulations were adopted in 1987.
Staff is proposing to amend the City's zoning regulations for borrow pits, excavation and fill, and
mining. The amendments are contained in the attached proposed ordinance. The following is an
outline of the specific amendments that are proposed:
1. Section 78 -2 is amended to include new definitions for borrow pit, borrow pit operations, mine
and mining operations. The definition of excavation and fill is also amended.
2. The list of Permitted Uses and Conditional Uses in Section 118 -246 of the City's zoning
regulations is amended to allow borrow pit operations as a Conditional Use in M -2: Heavy
Industrial and PDA: Planned Development Area zoning districts. A Conditional Use requires
review and approval by the City Council, following an advisory recommendation from the
Planning and Zoning Commission. There are currently no areas zoned M -2 in the City. The
areas zoned PDA are located in the northern and western portions of the City.
3. Section 94 -1 is amended to clarify City policy regarding the potential nuisances caused by
excavation and fill, borrow pit operations and mining.
4. The existing Section 94 -2, regarding penalties, has been deleted because code enforcement
actions are addressed elsewhere in the City Code.
5. A new Section 94 -2 is added to allow excavation and fill operations in conjunction with a
development order issued by the City, but not as an independent development order solely for
excavation and fill operations. This section is also allows borrow pit operations if approved by
the City Council as a conditional use.
6. Section 94 -3 is amended to clarify the requirements for excavation and fill operations. These
requirements include the submission of a certified plan indicating a project has been completed
in accordance with the approved plans.
7. Section 94 -4 has been added to establish the permit requirements for borrow pit operations.
2
These requirements include conditional use approval by the City Council and the submission of
a certified plan indicating the project has been completed in accordance with the approved plans.
8. Section 94 -5 is amended to clarify that mining operations are not allowed in the City, unless
approved prior to the effective date of these new regulations.
PLANNING & ZONING COMMISSION:
On July 27, 1999, the Planning and Zoning Commission conducted a workshop discussion regarding
these text amendme The- Commission -q-ue� kf Cy o d -alloy w pits. The
response from staff is that considerable amounts of fill are needed to raise habitable floor elevations
to required elevations for current and future development in the City. The Commission suggested
changes to the five definitions as well as changes to sections 94 -1 and 94 -2. The Commission also
suggested that Section 94 -3, regarding excavation and fill, be amended to require permits from other
government agencies before the issuance of a City permit. Staff revised the proposed text
amendments based on comments from the Planning and Zoning Commission, as deemed appropriate.
On August 24, 1999, the Planning and Zoning Commission considered these amendments at an
advertised public hearing and recommended approval.
CITY COUNCIL:
On October 7, 1999, the City Council passed proposed Ordinance 43, 1999, on First Reading after
conducting an advertised public hearing. There were no comments from the public for or against
the ordinance. The City Council did not request any revisions to the ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the attached text amendments to the City's land development
regulations.
Attachments
g: \cctxt991 O.doc
3
September 28, 1999
ORDINANCE 43,1999
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AMENDING CITY CODE SECTION
78 -2 TO DEFINE "MINE," "MINING OPERATIONS,"
"BORROW PIT" AND "BORROW PIT OPERATIONS," AND
TO AMEND THE DEFINITION OF "EXCAVATION AND
FILL OPERATIONS"; AMENDING CITY CODE SECTION
- -- 118 -2 =T0- -AL-LOW -BORRO ?V PI _.4�PE - TIONS AS A
CONDITIONAL USE IN CERTAIN LIMITED ZONING
DISTRICTS; AMENDING CITY CODE CHAPTER 94 TO
CLARIFY THE DECLARATION OF POLICY, TO DELETE
SEPARATE PROVISIONS FOR PENALTIES, TO CLARIFY
WHEN EXCAVATION AND FILL OPERATIONS AND
BORROW PIT OPERATIONS MAY BE ALLOWED, TO
SUPPLEMENT REGULATIONS FOR EXCAVATION AND
FILL OPERATIONS, TO BAN MINING OPERATIONS
UNLESS APPROVED PRIOR TO THE EFFECTIVE DATE OF
THIS ORNANCE; AND TO ESTABLISH REGULATIONS
FOR BORROW PIT OPERATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to supplement and amend the land development
regulations in the City Code governing the closely- related land uses of mining, excavation and
fill, and borrow pits; and
WHEREAS, the City Code presently does not define "borrow pit "; "mine "; and
"mining operations "; and
WHEREAS, "mine" and "mining operations" are defined in Section 378.203, Florida
Statutes, and "excavation and fill" is defined in Section 78 -2 of the City Code; and
WHEREAS, Policy 6.1.4.2 in the Conservation Element in the City of Palm Beach
Gardens Comprehensive Plan and Section 94 -4 in the City Code presently prohibit any new
commercial mining operations in the City; and
WHEREAS, borrow pits and mining operations are considered principal or primary
uses and excavation and fill operations are considered accessory or secondary uses to other
principal uses; and
WHEREAS, Chapter 94 in the City Code regulates "excavation and fill operations"
within the City; and
WHEREAS, Section 118 -284, entitled "Borrow pits," in the City Code presently
regulates any borrow pits in the City; and
WHEREAS, the text amendments contained in this ordinance are consistent with of the
City of Palm Beach Gardens Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. Section 78 -2, entitled "Definitions," of the City Code is hereby amended by
amending the existing definition of "Excavation and fill" and by inserting, in alphabetical order, the
definitions for "Borrow pit," "Borrow pit operations," "Mine," and "Mining operations," as follows,
where new text is underlined and deleted text is stn:ck:
"Borrow pit" means an area of land that has been or is being used for the extraction of soil
or other material for relocation to another site.
- morrow pit operation" means an activity for extracting soil or other material from the earth
for off -site relocation, disposing or storing soil or waste generated by such activities, or the creation
or maintenance of any associated dam or pit.
"Excavation and fill operation " means an activity, other than surveying or site preparation,
utilized for the removal of soil on a parcel or tract of real property for the
purposes of creating lakes, drainage ditches, canals, or similar waterways etc. on such parcel or tract,
and the transporting and relocation of such soil the m tPr;µi- ^„ of ±e ^r ^ffsi *.e for the purpose of fill,
including the storage of excavated soil, the storage and disposal of associated waste, and the creation
or maintenance of any associated dam or pit. This is a single, short-term operation as part of the
construction of an approved land development project and does not include a!1c w f,--r a long -term,
ongoing excavation or extraction of soil or minerals for any purpose, including mining or borrow
Pit operations as n co= rrr ;n1 min ;nrr -MtPr r ;cn
"Mine " means a land area upon which any extraction activities have been conducted, are
being conducted or are planned to be conducted for extracting oil, gas, minerals or other valuable
material or property from the earth.
"Mining operation " means an activity, other than prospecting, surveying or site preparation,
for extracting minerals or other valuable materials or property from the earth, disposing the waste
associated with such activities, storing or relocating the extracted minerals or other materials, and
the creation or maintenance of any associated dam or pit.
2
SECTION 2. The "Chart of Permitted and Conditional Uses" in Section 118 -246 of the
Code of Ordinances is hereby amended, under the section entitled "Resources Production or
Extraction," to allow borrow pits in M -2: Heavy Industrial and PDA: Planned Development Area
zoning districts, if Conditional Use approval is granted by the City.
SECTION 3. Chapter 94, entitled Excavation and Fill Regulations, of the City Code is
hereby amended as follows, where new text is underlined and deleted text is s+.nick:
Mining, Excavation and Fill, and Borrow Pit Operations j?eb•�!a *._ ^:ls
Sec. 94 -1. Declaration of policy.
(a) It is dzc! red the policy of the city, h; n"A ++rnnk the r;f�r rnnnn;b l, t0 protect the
property and residents of the city and i + .s imhab:±cnts from the dangers, public nuisances and other
similar conditions created by improperly planned, poorly executed or inadequately supervised
mining operations, excavation and fill operations and borrow pit operations with ^''± s !Yer='is'_ ^r end
r+rnnar t�lnno nnrl ananifinntinno ==rhinh ==rn111rl create., including the following:
(1) Irrarr,=lnr holes Creating "holes" in the land ^si ^htl =' %M-o of Parch• ♦,
b- - - »- , b - - - -J r-- -- , .'ith which are
unsightly and collect water in thnoa hnlao and that could become stagnant
s'.'.�h . =rater otnrtnntao and contribute to the breeding of breed mosquitoes; and
b —
Creating uncovered mounds of excavated soil which are unsightly and contribute to
the erosion of surrounding land, hasten the sedimentation of drainage canals and
facilities, produce windblown irritants and contamination, and may change storm
drainage off the site; and
(3) (2) A gificial Creating artificial lakes, drainage ditches, and canals, while Yr^Yerly
A—;mng nr;.rate land which have been created or excavated without the proper
planning, design, supervision, or governmental permits or approvals needed to avoid
overburdening existing public drainage canals and/or drainage facilities, thereby
creating flooding and unsanitary conditions in various parts of the city; and
(4) (3) Causing land to be left in a condition which r?ns ;rr1,f1 ' inA irnonn;twr=r nnnrlitinno nnrl
b J J
>re ° r, „hl;n ,visa ^ce °nd makes it impossible or impractical to develop f ^r b =aildin.R
rn=rnnoaonr for any other useful purpose the ?� ^d s^ pYc��ra ±ed or makes it impossible
Y».Y .... -.,.,.
or impractical for the city to plan and provide for proper and sufficient overall public
drainage through its public drainage canals and other public drainage facilities when
tha n;t=r ;o not mnrla nl17QrP thnt thA nafiirnl rlrn;narya n f l ,3nrl ;o hn;nrr nhn"rr rl nnrl thr=
mammarla rlrn;nnna of oiinh f=rill ha nnnno ntprl to nv;ct;”" ntthl;n rlrn;naria farilitiac
(b) Ordinances and resolutions hereafter adopted by the city concerning excavation and fill
operations and borrow pit operations shall be consistent with preservation of Tc preserve those lands
now being used or which may be hereafter used for residential, business, Y!e ="-,re and recreational
purposes and with fostering the to foster creation of new, suitable, and desirable locations to be used
for residential, business, Y!easLre and recreational purposes. wiflh ;n the n;+cr ,inn" 1 -n"A „�t' „�P,� for
rr�--
ticnoa nnrnn0as +lea n;tcr 01�nll nrinnt rarn,lnt;nns n"A nnl;nia0 rcncrarninrr avnncrnt;nn nnrl fill nnamtinn0
_inn QA-7 ponnlltr
Tn_ nnnnrrinnrra c,r;tl, oat +inn 7_1 Q4 a+ Dan nnrl F q Rl47 !1Q tha nnrla anfnrrnamant hnnrrl ;0 rcrnn+a.l
.
inri0rlintinn fnr anfnrtamant of +1,i0 nl',nntar nnrl 01"11 1lncra tica nrncrar +n imnnoa ” fit, ;n +h�
mnv;mnm 0nm of 9.")S(1 (1(1 nar rincr c,ritl, a "nh ilnv tha cnnlnt;nr, nnnr,r0 nnnot;h,t ;nn
nffanoa nn nnv r+arsnn ccrhn ninlnta0 thi0 nhnn +er. � !�
Sec. 94 -2. Excavation and fill operations and borrow pit operations allowed-
(a) An excavation and fill operation may be approved by the City Council as part of a
development order issued in accordance with Chapter 118, Zoning, but not as an independent
development order solely for excavation and fill.
(b) Borrow pit operations may be approved by the City Council as a Conditional Use, in
accordance with Chapter 118, Zoning. a. .
Sec. 94 -3. Permits required for excavation and fill operations; plans and specifications; surety;
permit fees.
(a) Before excavation and fill operations are i& commenced for zny r„ Pose and after the
overall development order has been approved by the City Counci 1, the owner, lessee or authorized
agent of the property owner or lessee of the affected property who rrorosps shall obtain
a permits from all applicable government agencies and then from the City thA r_tcr ro��_nci! .arall
no ..
as any nnrl "ll onnl;nnhla 0+"ta nr farlarnl - arm ;ta
(b) The plans and specifications of the proposed excavation ands fill operations, showing
the manner in which the land will be left after the excavation and fill exca�r „t =nbf Hi
�nb operations
are iS completed, or, _f s to ^_rc to a shall include all dimensions of every
lake, drainage canal or drainage ditch created, �!! �11Pna, ^ns of 0nth olcnll be nrnnirlarl including
slope dimensions required by subsection 94- 4(e)(1), together with all necessary information
concerning where and how such waterways shall be connected to the existing public drainage
facilities, if applicable:. All such plans and specifications shall be submitted by the applicant to the
City for (`,tv (`nnnril onnrnvnl her ra0nl„tinn prior to the =r;0;hla commencement of the any
excavation and fill operations. The plans and specifications shall be prepared to scale by a Florida
registered engineer.
(c) All fill material from approved excavation and fill operations shall remain on the subject
property, provided that removal of any fill material may be permitted as an accessory use specified
4 c.
in a development order approved by the City Council. As an accessory use, fill material created by
excavation may be removed from the subject property and relocated to another site
(d) (,;} Upon approval of Lf the plans and specifications for excavation and
fill operations, the applicant, before receiving a permit to commence the operations, shall provide
surety in the form of a completion bond or irrevocable letter of credit to the City in, an amount, =.n ±h
a surety and in such form, as is acceptable to the City, securing and guaranteeingithe carrying out
of the approved thcsP plans and specifications.
The applicant shall pay such excavation and fill permit fees as may be established by the
city nnnnnil nnrl nn fi1a m fl a nihv n1PrL, c nff nn `rha r.aren _._
- - - -u - - -- -,- - Anyone The r __....n receiving fill material- -
shall be responsible for the payment of the permit fees to re± L^rth by the City when the excavation
site designated in the permit application is not located in the city; otherwise, the excavator identified
in the fill permit application shall be responsible for payment of the fees.
(f) Prior to any permit being granted for excavation and fill operations, the applicant shall
provide a letter to the City certifying the applicant's familiarity and intent to comply specifically
with the regulations and standards found in Chapter 34, entitled "Environment," and Chapter 98,
entitled "Landscaping and Vegetation Protection," of the City Code.
(g) Upon completion of an excavation and fill operation, a Florida- registered engineer shall
provide the City with a signed and sealed plan indicating the work has been performed in accordance
with the approved plans.
Sec. 94 -54. Permits required for borrow pit operations; plans and specifications; permit -fees
(a) Before borrow pit operations begin, the owner, the lessee or an authorized agent of the
owner or lessee of the affected property shall obtain a�proval and a permit for a conditional use, as
well as all applicable county, district, state or federal permits.
(b) The plans and specifications of the proposed borrow pit operations shall meet the same
requirements as set forth by this chapter for excavation and fill operations. The plans and
specifications shall be prepared to scale by a Florida - registered engineer,
(c) The applicant shall pay city permit fees to develop a borrow pit.
(d) Prior to any permit being granted for borrow pit operations, the applicant shall provide
a letter to the city certifying the applicant's familiarity and intent to comply specifically with the
regulations and standards found in Chapter 34, entitled "Environment," and Chapter 98, entitled
"Landscaping and Vegetation Protection," of the City Code.
(e) The grading and construction of slopes in a borrow pit shall at least meet the minimum
standards adopted by the South Florida Water Management District. Alternative slopes and cross -
sections may be required by the City. Grades and slopes shall be constructed to minimize soil
erosion and to make the land surface suitable for revegetation. The slopes shall be adequately
vegetated with appropriate ground cover, which may include grass seeding, from the top of bank to
edge of water within 30 days of final grading, and thereafter maintained to prevent wind and water
erosion.
(f j Upon completion of a borrow pit operation, a Florida - registered engineer shall provide
the City with a certified plan indicating the work has been performed in accordance with the
approved plans.
(g) A borrow pit which was lawfully in use prior to the effective date of this ordinance may
—i�;onfipue to -be- used; - provided thhat any enlargement of such a borrow put shall regi ire a permit from
the city and be subject to the ordinances and regulations in effect at the time that the enlargement
is proposed.
Sec. 94-45. Mining operations prohibited and cer *_n:^
T�Tn mininrr nr nthar fnr nnrnncao nthar Oinn tha nnnotnintinn of n -tzrnll Al ;Nraurnv
rirlaIzrnllr� 1�1111rin nr v nrt tliarnf nno arvr amttr l,r ntl,ar rrinnao of thio b A n nl1y No
mining operations shall be permitted or commenced on any nr!atted lands within the city, except
in �nnfnrmity •xnth thio n1,�rtPr� unless approved by a development order issued priorio the effective
date of the ordinance which adopted this section.
SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION 5. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 6. This ordinance shall be effective upon adoption.
6
PASSED ON FIRST READING THIS DAY OF
ADOPTED ON SECOND READING THIS — DAY OF
JOSEPH R. RUSSO, MAYOR
LAUREN FURTADO, VICE MAYOR
ATTEST:
BY:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCIL MEMBER CLARK
COUNCIL MEMBER JABLIN
COUNCIL MEMBER SABATELLO
g: \excavation
1999.
1999.
DAVID CLARK, COUNCIL MEMBER
ERIC JABLIN, COUNCIL MEMBER
CARL SABATELLO, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
7 ?
5v41:'I�'
§ 118 -281 PALM BEACH GARDENS CODE
b. Unless otherwise approved, fronting development shall be responsible for the
perpetual maintenance and irrigation of the parkway. Development on either side
of the parkway shall share the responsibility of maintaining the median land-
scaping along the length of the developments.
c. If the city establishes a special district or other entity to assume responsibility of
the parkway system, the development shall automatically become a member of
the district. This condition shall also be made a part of property owners'
association documents.
(Code 1987, § 159.060)
Sec. 118 -282. Utility plants and substations.
Water, sewerage, electric, gas or other utility plants and substations are permitted in any
zone as a conditional use after a public hearing has determined that the proposed use is
consistent with the comprehensive plan and compatible with the surrounding uses.
(Code 1987, § 159.061; Ord. No. 13 -1995, § 2, 10- 19 -95)
Sec. 118 -283. Utility poles.
Existing utility poles as required by public utility companies shall not be required to meet
the setback requirements under this chapter for structures. All new or replaced poles shall be
concrete and shall conform to city standards with regard to location within public rights -of-
way and easements.
(Code 1987, § 159.062)
Sec. 118 -284. Borrow pits.
A borrow pit is permitted as a conditional use, provided it involves the removal of natural
earth materials, not including any type of proce, sing, manufacturing or other activity that
converts the natural materials into a product, in conformance with chapter 94. An operation
where earth materials are moved from one location to another on the same site shall not be
construed to be a borrow pit usage even though a permanent pit may remain. A borrow pit
which was lawfully in existence and in active use on the effective date of the ordinance from
which this section derives may continue as provided in these regulations; however, any
enlarging of the borrow pit shall be subject to the regulations in effect at the time the
enlargement is proposed.
(Code 1987, § 159.063)
Sec. 118 -285. Home occupations. .
Home occupations permitted under this chapter are subject to all of the following
conditions:
(1) No person other than members of the family residing on the premises shall be
engaged in the occupation.
CD118:120
y
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: October 21, 1999
Date Prepared: October 4, 1999
Subject /Agenda Item
Public Hearing for Resolution 125, 1999 — Gardens Presbyterian Church Time Extension.
Recommendation/Motion:
Staff recommends approval of the Resolution 125, 1999
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
ty y ,(Y
Growth Management
[ ]
Finance
ACM
� 1' , r
�V�(
$
Current FY
[ ] Approved w/ conditions
[ ]Denied
Human Res. NA
Funding Source:
[ ] Continued to:
Advertised:
Other NA
Attachments:
Date: 10/6/99
[ ] Operating
Paper: Palm Beach
[ ] Other
Resolution 125, 1999
Post
City Engineer letter
Ordinance 51, 1997
Location Map
[ ] Not Required
Site Plan
Submitted by:
Gro th Ma agemen
Affected parties
Budget Acct. #::
Director
[ ] Notified
[ ] None
Approved by:
City Manager
[ x ] Not required
REQUEST
Petition MISC- 99 -26, a request by Dow•Howell•Gilmore Associates, for a two year time
extension for the Gardens Presbyterian Church Planned Unit Development located at the
northeast corner of Hood Road and Central Boulevard. (36 -41 S -42E)
Agenda Cover Memorandum
Page 2
BACKGROUND
October 21, 1999
The Gardens Presbyterian Church PUD was approved by Ordinance 51, 1997 in December of
1997. The approval included a 9,000 square -foot church with 300 seats, a Sunday school and a
nursery. Ordinance 51, 1997 incorporated a number of conditions of approval. These included
conditions about drainage discharge and easements as well as conditions involving landscaping
in the Central Boulevard parkway and the medians.
REVIEW PROCESS
This is a time extension request. The request is reviewed by the Growth Management
Department and is scheduled for a public hearing before the City Council. The City Council
may take one or more of the following actions:
1) Approve a time extension not to exceed two years.
2) Amend the development order to comply with current codes.
3) Revoke the development order to rezone the property to a zoning district
consistent with the Comprehensive Plan. (The current use is consistent with the
Comprehensive Plan.)
PROJECT DETAILS
To be eligible for a time extension, the applicant is required to demonstrate that "good faith"
efforts have been taken to develop the site and that good reasons exist for the delay in initiation
or completion of development. The applicant has explained that there are two issues that have
held up the development process. The first was lack of sufficient financing. The second the
concurrent approvals and permits needed for Temple Beth David. Since the two religious
facilities share driveway access, parking and sanitary sewer services, approvals must be received
by both projects for either to proceed.
So far, Gardens Presbyterian has gained approval from this City (site plan), Northern Palm
Beach County Improvement District, and Seacoast Utility Authority. South Florida Water
Management District is not completing their review until Temple Beth David has been approved.
The Temple had recently made some changes to their infrastructure, which required additional
reviews. These changes were recently approved by the City.
Currently, Gardens Presbyterian has obtained adequate funding and is ready to submit
construction plans and the plat to the City once the time extension is approved.
Traffic Concurrency
A traffic study was originally conducted by Yvonne Ziel, which estimated buildout at the end of
1997. A full traffic study was not conducted because the total trips generated are less than 200.
Recently, Yvonne Ziel prepared a revised statement which estimates buildout in the year 2002.
City Traffic consultants have reviewed the revised traffic statement and have concluded that the
time extension request meets the requirements of the Land Development Regulations.
Agenda Cover Memorandum
Page 3
RECOMMENDATION
Staff recommends approval of Resolution 125, 1999.
October 21, 1999
October 4, 1999
RESOLUTION 125,1999
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA,
PROVIDING FOR APPROVAL OF A TWO -YEAR
TIME EXTENSION FOR GARDENS
PRESBYTERIAN CHURCH PLANNED UNIT
DEVELOPMENT LOCATED AT THE NORTHEAST
CORNER OF HOOD ROAD AND CENTRAL
BOULEVARD; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance 51, 1997 approved the original request for the Planned
Unit Development consisting of 8.91 acres; and
WHEREAS, the City of Palm Beach Gardens received an application from
Gardens Presbyterian Church to approve a two -year time extension for the Gardens
Presbyterian Church Planned Unit Development (PUD) located at the northeast corner of
Hood Road and Central Boulevard; and
WHEREAS, the City's Growth Management Department has reviewed said
application and determined that it is sufficient, and meets all "good faith" criteria listed in
the City Code of Ordinances for a time extension; and
WHEREAS, the City Council has determined that the proposed petition is
consistent with the City's Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida,
approves a two -year time extension for the Gardens Presbyterian Church, commencing
on the effective date of this resolution.
Section 2. All provisions and conditions of Ordinance 51, 1997 shall remain
in full force and effect.
Section 3. In the event that this time extension expires, a request for an
additional time extension shall be subject to the provisions of city code.
Section 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 1999
JOSEPH RUSSO, MAYOR
ATTEST:
BY:
LINDA V. KOSIER, CMC,
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
GAShort Range \MISC9926.re.doc
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
J
ORDINANCE 51, 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE PETITION OF GARDENS
PRESBYTERIAN CHURCH FOR REZONING OF 8.91 ACRES
OF LAND LOCATED AT THE NORTHEAST CORNER OF
HOOD ROAD AND CENTRAL BOULEVARD TO A
PLANNED UNIT DEVELOPMENT, IN ORDER TO
CONSTRUCT A 9,000 SQUARE FOOT CHURCH;
PROVIDING FOR CONDITIONS OF APPROVAL; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received a petition from Gardens Presbyterian
Church for rezoning of 8.91 acres of land located at the northeast corner of Hood Road and Central
Boulevard to a Planned Unit Development;
WHEREAS, the 8.91 acres of land involved is presently zoned as Planned Development
Area (PDA) with a land use designation of Residential High (RH),
WHEREAS, the Growth Management Department has reviewed said petition
and determined that is sufficient; and
WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land
Development Regulations,
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves
the petition of Gardens Presbyterian Church for the rezoning of 8.91 acres located at the northeast
corner of Hood Road and Central Boulevard from Planned Development Area to Planned Unit
Development, in order to construct a 9,000 square -foot church, to be known as the Gardens
Presbyterian Church.
SECTION 2. Said Planned Unit Development is approved subject to the following conditions:
Prior to the issuance of the first Building Permit, the applicant shall provide calculations and
verification that the proposed Gardens Presbyterian Church dry retention /detention will
provide sufficient volume for water quality treatment prior to discharge per SFWMD Volume
IV criteria.
2. Prior to the issuance of the first Building Permit, the 35 -foot Drainage Easement on the
property and runing approximately 704.53' north of the subject property will need to be
executed and recorded. r
r,
%A'
r�
\,1
Prior to the issuance of the first Building Permit, a Boundary Plat shall be approved by City
Council and recorded.
4. Prior to the issuance of the first Building Permit, a surety shall be established in the amount
of 110% of a certified cost estimate acceptable to the City for site landscaping and public
improvements, including shared infrastructure with Temple Beth David.
5. Prior to the issuance of the Certificate of Occupancy, the applicant shall have installed the
required Central Boulevard parkway and median improvements and the Hood Road median
improvements. In lieu of installing the required improvements, the applicant may, prior to the
issuance of Certificate of Occupancy, provide a letter of credit for an amount equal to 110 %.
of the cost of Central Boulevard parkway and median improvements and the Hood Road
median improvements. During the viability of said letter of credit, the applicant shall: a)
install the Hood Road median improvements prior to the issuance of the first Certificate of
Occupancy for the property adjacent to the south of Gardens Presbyterian, Church site; b)
install the Central Boulevard median improvements prior to the issuance of the`first Certificate
Of occupancy for the property adjacent to the west of the Gardens Presbyterian Church; c)
install the Central Boulevard parkway improvements prior to the issuance of the first
Certificate of Occupancy for the property adjacent to the north of the Gardens Presbyterian
Church site or when the first Certificate of Occupancy is issued for any future phase of the
Gardens Presbyterian Church, whichever comes first. If the required parkway and median
improvements are not made prior to the expiration of the said letter of credit, the City shall
withdraw the necessary funds from the letter of credit to install and complete said
improvements.
SECTION 3. Construction of the Planned Unit Development shall be in compliance with the
following plans on file with the City's Growth Management Department:
I . July 31, 1997 Site Plan by Dow. Howell. Gilmore. Associates INC., Sheet SPA] .
2. July 31, 1997 Floor Plan by Dow. Howell. Gilmore. Associates INC., Sheet SPA2.
3. July 31, 1997 Building Elevations by Dow. Howell. Gilmore. Associates INC., Sheet
SPAS & SPA4.
4. July 31, 1997 Site Plan- Photometric Values by Dow. Howell. Gilmore. Associates
INC., Sheet SPA5.
5. July 31, 1997 Roof Plan by Dow. Howell. Gilmore. Associates INC., Sheet SPA6.
6. July 31, 1997 Preliminary Drainage plan by Dow. Howell. Gilmore. Associates INC.,
Sheet C 1. q1
7. August I, 1997 Landscape Plan by Dow. Howell. Gilmore. Associates INC., Sheet
L.I.
8. August 1, 1997 Central BLVD. Parkway Plan by Dow. Howell. Gilmore. Associates
INC., Sheet L2.
9. July 31, 1997 Landscape Detail by Dow. Howell. Gilmore. Associates INC., Sheet
Ordinance 51, 1997
Page 2
6
n
L,3
10. January 22, 1997 Preserve Area Management Plan by James F. Schnelle, JR., PE,
Environmental Management & Engineering.
I I . January 22, 1997 Gopher Tortoise Relocation Plan by James F. Schnelle, JR., PE,
Environmental Management & Engineering.
SECTION 4, This Ordinance shall be effective upon adoption. /
PLACED ON FIRST READING THIS ✓ gg��DAY OF 1997.
PLACED ON SECOND READING THIS ^A'Y OF
% 1
PASSED AND OP ED THIS. ','DAY OF ��'� t :H�'� ��' , 1997
it
, 1997.
MA'S QIROSEPH R. RUSSO COUNCIL - MA INDA MONROE
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMCC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE
COUNCILMAN JABLIN
COUNCILMAN CLARK
Ordinance 51, 1997
Page 3
COUNCILL\%lA1?1'�R �.1ABLIN
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
ZO _
C Y ATTORNEY
AYE NAY ABSENT
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LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
MEMORANDUM
TO: Kim Glas
FROM: Tammy Jacobs
DATE: August 12, 1999
SUBJECT: Gardens Presbyterian Church (LBFH File No. 100011)
Time Extension
We received a time extension request from Dow, Howell, Gilmore and Associates and a trip
generation analysis by Yvonne Ziel Traffic Consultants, Inc. on August 9, 1999. The two year
time extension request meets the requirements of the LDR. The trip generation is estimated at 84
daily trips and therefore we do not recommend revision of the original traffic impact analysis.
TJ /sl
P:\PBGMEMO \100011 f.doc
c: Roxanne Manning
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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
RESOLUTION 120, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF A CONTRACT FOR ENGINEERING
SERVICES WITH THE FIRM OF LINDAHL, BROWNING,
FERRARI AND HELLSTROM, INC., FOR THE FISCAL YEAR
1999/2000; AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City desires to employ an engineering firm to provide engineering
services; and
WHEREAS, the City Manager, at the direction of the City Council, has negotiated a
contract for the services of Lennart Lindahl, p.E., of the firm of Lindahl, Browning, Ferrari and
Hellstrom, to be the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves a contract for engineering services with the firm of LINDAHL, BROWNING,
FERRARI AND HELLSTROM, INC., a copy of which is attached hereto and made a part
hereof, for the Fiscal Year 1999/2000.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the
contract on behalf of the City.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1999.
MAYOR JOSEPH R. RUSSO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal
Sufficiency.
City Attorney
Resolution , 1999
Page 2 of 2
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE NAY ABSENT
AGREEMENT FOR PROFESSIONAL
ENGINEERING AND SURVEYING SERVICES BETWEEN
THE CITY OF PALM BEACH GARDENS AND
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
THIS AGREEMENT is made this , 1999, between the City of Palm Beach
Gardens, Florida (hereinafter called the CITY) AND Lindahl, Browning, Ferrari and Hellstrom,
Inc., (LBFH) (hereinafter called the ENGINEER), a corporation licensed by the Department of
Business and Professional Regulations to practice professional engineering in the State of
Florida.
SECTION 1 - SCOPE
A. ENGINEER shall perform professional engineering services and render cdnsultation to
the CITY consistent with the CITY's Mission Statement, Goals and Objectives for the
Engineering Department (a copy of which is attached hereto and incorporated herein).
B. ENGINEER shall make its services available to the CITY in a manner satisfactory to the
City Manager and City Council including in -house hours agreed upon between the City
Manager and the ENGINEER.
C. ENGINEER will represent the CITY in engineering matters, as directed by the City
Manager.
D. ENGINEER shall attend regular, special or workshop meetings of the City Council and
meetings of the CITY Advisory Boards as directed by the City Manager.
E. ENGINEER shall make such technical investigations as the City Manager deems
necessary and submit its findings and recommendations to the City Manager.
F. ENGINEER shall, as requested by the City Manager, review all land development
applications submitted to the CITY for compliance and consistency with applicable codes
and make such recommendations as are necessary regarding engineering, surveying and
other technical matters.
G. ENGINEER shall, as directed by the City Manager, review the construction of capital
improvements and site improvements by persons or entities other than the CITY.
H. ENGINEER shall perform professional engineering services for design, preparation of
construction plans and specifications, permitting, bidding and services during
construction for capital improvements undertaken by the CITY.
I. ENGINEER shall assist CITY in dealing with issues of regulatory/permitting compliance,
including ocurrences of hazardous waste and pollution of natural resources within the
CITY's jurisdiction.
J. ENGINEER shall provide support services to the CITY for surveying andpapping,
including Geographic Information Systems (GIS).
SECTION 2 - TERM; TERNUNATION
This Agreement shall become effective on the date of execution of this Agreement and continue
through September 30, 2000; provided, however, that either parry may terminate this Agreement
at any time, with or without cause, upon sixty (60) days advance written notice to the other party.
ENGINEER shall be paid for performance of services rendered to the CITY in accordance with
this AGREEMENT through the date of termination.
SECTION 3 - COMPENSATION
A. CITY shall pay ENGINEER for services rendered under this contract on an hourly basis
at a rate not to exceed $130.00 per hour.
B. CITY shall compensate ENGINEER for reimbursable expenses including but not limited
to printing, photocopies, long distance and cellular telephone calls, facsimile, blueprints,
computer utilization, courier services, out of County travel, and outside contractual
services.
C. ENGINEER shall submit invoices to CITY on a monthly basis and CITY shall pay
ENGINEER monthly.
SECTION 4 - GENERAL CONSIDERATIONS
A. At the request of the CITY, ENGINEER shall supply copies of ENGINEER's original
documents prepared pursuant to this Agreement.
B. ENGINEER cannot and does not guarantee that proposals, bids, or actual project costs
will not vary from ENGINEER's judgement and opinion of possible costs.
C. For the term of this agreement, ENGINEER shall carry Professional Liability Insurance
in the amount of One Million Dollars ($1,000,000.00). Evidence of said insurance shall
be supplied to the City.
SECTION 5 -IN-HOUSE SUPPORT
A. Engineer shall work with the City Council, City Manager and Growth Management
Director at formulating and implementing a plan to provide "in- house" engineering
2
support to the Growth Management Department.
SECTION 6 - AMENDMENTS
A. This Agreement shall only be amended in writing upon execution by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
above.
THE CITY OF PALM BEACH GARDENS LINDAHL, BROWNING
FERRARI & HELLSTROM, INC.
MAYOR JOSEPH R. RUSSO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
3
LENNART E. LINDAHL
RESOLUTION 128, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR APPOINTMENT OF AN INTERIM CITY M ANAGER;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council receive.d an.d accepte.d a resignation from Bobbie
Herakovich, City Manager;
WHEREAS, the City Council .desires to appoint an Interim City Manager to serve until
the search for a City Manager results in hiring of same.
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 Gar.dens, Flori.da, hereby
appoints
as Interim City Manager to serve until the City Council
hires a permanent City Manager to take the place of Bobbie Herakovich.
SECTION 2. This Resolution shall be effective upon adoption
INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
MAYOR JOSEPH R. RUSSO
Approve.d as to Form and Legal
Sufficiency.
City Attorney
AYE NAY ABSENT
ra
RESOLUTION 129, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR APPOINTMENT OF A REPRESENTATIVE FOR THE
CITY TO THE SEACOAST UTILITY BOARD OF DIRECTORS;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council received and accepted a resignation from Bobbie
Herakovich, City Manager;
WHEREAS, the City Council desires to appoint a Representative for the City to serve on
the Seacoast Utility Authority Board of Directors.
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
appomts as the City's Representative on the Seacoast Utility
Authority Board of Directors.
SECTION 2. This Resolution shall be effective upon adoption
3•
INTRODUCED, PASSED AND ADOPTED THIS — DAY OF OCTOBER, 1999.
MAYOR JOSEPH R. RUSSO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal
Sufficiency.
VOTE:
COUNCILMAN RUSSO
COUNCILWOMAN FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
City Attorney
AYE NAY ABSENT
l
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 21, 1999
Date Prepared: September 28, 1999
Subject /Agenda Item: Resolution 13.2 1999, adopting an updated fee schedule for development
applications.
Recommendation/Motion: Motion to approve the attached resolution updating City fees for
development applications.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
Total
City Attorney
Plannin Division
( ] Approved
GAP Id-S'9q oK'
[ 1 Approved w/
ACM ��%
$ 0
Current FY
conditions
Other N/A
(Y .
( ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Date:
[ ] Operating
Attachments:
1. Resolution 121, 1999
Paper:
[ ] Other N/A
2. City Code Section
118 -80.
3. Table of staff costs
for development
applications.
4. Comparison table of
development
[x] Not Required
application fees.
Submitted by:
Growth Mgt. Director
Affected parties
Budget Acct. #:
[ ] None
Approved by:
[ ] Notified
City Manager
[x] Not required
BACKGROUND:
City Code section 118 -80 (copy attached), entitled "Schedule of fees, charges and expenses,"
requires that the City Council establish a schedule of fees for various development applications
utilized by the City. The current fee schedule was adopted in September 1997. It is the policy of
the City that the fee schedule be reviewed and updated, as appropriate, at least once every two years.
The fee schedule for development applications must be based on the staff costs (i.e., time)
to review development applications. Staff has prepared the attached table of estimated city costs to
review development applications. These costs do not include costs for legal services and engineering
services, which are billed directly to the applicant. The proposed application fees in the attached
ordinance are based on the estimated costs in this table.
There is no fee for annexation applications. The City established a policy approximately two
years ago to not charge a fee for annexation applications in order to provide an incentive for
voluntary annexations in enclave areas.
Staff has compared the City's current fee schedule with the fee schedule of Palm Beach
County, West Palm Beach, Boynton Beach, Jupiter, Palm Beach and Riviera Beach. A comparison
table is attached indicating the average fees for the above local governments and the current and
proposed fees for Palm Beach Gardens.
RECOMMENDATION:
Staff is recommending increased ,fees for various types of applications. However, none of
the fee increases are considered significant, in fact, some of the fees have decreased. Staff has also
included fees for applications that were not listed when the last fee schedule was adopted in 1997,
such as "Appeal of an administrative determination."
Staff recommends approval of the attached resolution in order to bring the City's fee
schedule for development applications "in line" with other jurisdictions, and to establish fees that
more accurately reflect the staff resources that are expended to process these types of applications.
g: \Agenda Cover Memo Sep 24
October 1, 1999
RESOUTION 1321999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
REPEAL OF RESOLUTION 100, 1997; PROVIDING FOR THE
ESTABLISHMENT OF A FEE SCHEDULE FOR THE REVIEW OF
APPLICATIONS AND FOR THE ADMINISTRATION OF
CERTAIN LAND DEVELOPMENT REGULATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 166.201, Florida Statues, provides the City Council with the
authority to collect fees necessary to conduct municipal government; and
WHEREAS, Section 118.80, entitled "Schedule of fees, charges and expenses," in
the City of Palm Beach. Gardens Code of Ordinances provides that the City Council shall
establish a schedule of fees for building permits, certificates, appeals, amendment
applications, site plan approvals, conditional uses and other land -use matters; and
WHEREAS, the Palm Beach Gardens City Council finds that the current schedule
of fees for development petitions, most recently adopted by Resolution 100, 1997, is
outdated and needs to be revised.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. Resolution 100, 1997, is hereby repealed in its entirety.
Section 2. The following fee schedule for development petitions is hereby
adopted by the City of Palm Beach Gardens:
Administrative Approvals $ 150
Annexations $ 0
Appeal of an Administrative Determination $ 400
Comprehensive Plan Land Use Map Amendment $1,800
Comprehensive Plan "Small Scale" Land Use Map Amendment $1,500
Comprehensive Plan Text Amendment $1,100
f u
Concurrency Review $ 225
Concurrent Processing
Conditional Use
Development of Regional Impact (DRI)
DRI Amendment
Miscellaneous Petitions
Planned Community Development (PCD) > 1,000 acres
Planned Community Development (PCD) < 1,000 acres
Planned Unit Development (PUD)
PCD or PUD Amendment
Plat Review
Rezoning
Site Plan Review (Major)
Site Plan Review (Minor) & Site Plan Amendment
Subdivision
Text Amendment of Land Development Regulations
Time Extensions
$ 250
$1,000
$5;000
$2,000
$1,000
$4,000
$2,000
$2,000
$1,350
$ 400
$1,100
$2,000
$ 750
$1,100
$ 800 ,
$ 800
Variance $ 500
Waiver for Residential Mixed Use Requirements $1,000
The above - referenced fees may not include fees associated with engineering and legal
services, nor those fees associated with a third -party expert in the field of land planning,
traffic control, and environment assessments, nor those fees associated with any other
professional services provided herein. The city may require escrow deposits to
compensate for the fees for such services, to be submitted simultaneously with the filing
of a petition.
Section 3. This resolution shall become effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 1999.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
LINDA V. KOSIER, CMC CAROLE W. POST
CITY CLERK CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILPERSON CLARK
COUNCILPERSON JABLIN
COUNCILPERSON SABATELLO
October 1, 1999
October 1, 1999
ESTIMATED CITY COSTS TO REVIEW
DEVELOPMENT APPLICATIONS
Development
Staff that may Review time
Hourly salary
stimated
Application
review application by staff (in
for staff (avg.
cost for staff
hours)
in dollars)
time (dollars)
Administrative
Admin.. Secretary 1
12
12
approval
Planning Technician 1
16
16
(Proposed
GIS Technician 0
15
0
fee = $150)
Planner (2) 0
14
0
City Forester 2
16
32
Senior Planner (2) 2
20
40
Principal Planner (3) 1
25
25
Growth Mgt. Director 1
35
35
160
Appeal of an
Admin. Secretary 1
12
12
administrative
Planning Technician 2
16
32
Determination
GIS Technician 0
15
0
(Proposed
Planner (2) 2
14
28
fee = $400)
City Forester 2
16
32
Senior Planner (2) 5
20
100
Principal Planner (3) 6
25
150
Growth Mgt. Director 2
35
70
l
424
Comprehensive
Admin. Secretary 3
12
36
plan land -use
Planning Technician 3
16
48
map amendment
GIS Technician 14
15
210
(Proposed
Planner (2) 18
14
252
fee = $1,800)
City Forester 7
16
112
Senior Planner (2) 20
20
400
Principal Planner (3) 18
25
450
Growth Mgt. Director 8
35
280
1,788
Comprehensive
Admin. Secretary 3
12
36
plan small -scale
Planning Technician 3
16
48
land -use map
GIS Technician 12
15
180
amendment
Planner (2) 16
14
224
City Forester 5
16
$1
(Proposed
Senior Planner (2) 18
20
360
fee = $1,500)
Principal Planner (3) 16
25
400
Growth Mgt. Director 6
35
210
1,538
Page 1 of 6
Development
Staff that may
Review time
Hourly salary
Estimated
Application
review application
by staff (in
for staff (avg.
cost for staff
hours)
in dollars)
time (dollars)
Comprehensive
Admin. Secretary
3
12
36
plan text
Planning Technician
3
16
48
amendment
GIS Technician
4
15
60
(Proposed
Planner (2)
12
14
168
fee = $1,100)
City Forester
6
16
96
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
8
35
280
1,138
Concurrency
Admin. Secretary
2
12
24
review
Planning Technician
2
16
3
(Proposed
GIS Technician
0
15
:2
0
fee = $225)
Planner (2)
4
14
56
City Forester
0
16
0
Senior Planner (2)
0
20
0
Principal Planner (3)
2
25
50
Growth Mgt. Director
2
35
70
232
Concurrent
Admin. Secretary
1
12
12
processing
Planning Technician
1
16
16
(Proposed
GIS Technician
0
15
0
fee = $250)
Planner (2)
6
14
84
City Forester
0
16
0
Senior Planner (2)
3
20
60
Principal Planner (3)
2
25
50
Growth Mgt. Director
1
35
35
257
Conditional
Admin. Secretary
2
12
24
Use
Planning Technician
2
16
32
(Proposed
GIS Technician
4
15
60
fee = $1,000)
Planner (2)
12
14
168
City Forester
6
16
96
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
6
35
210
1,040
Page 2 of 6
Development , Staff that may Review time Hourly salary Estimated
Application review application by staff (in for staff (avg. Cost for staff
hours) in dollars) time (dollars)
Development of
Admin. Secretary
5
12
60
regional impact
Planning Technician
10
16
t60
(Proposed
GIS Technician
20
15
300
fee = $5,000)
Planner (2)
40
14
560
(Proposed
City Forester
20
16
320
fee = $4,000)
Senior Planner (2)
60
20
1,200
Principal Planner (3)
60
25
1,500
Growth Mgt. Director
25
35
875
4,975
Miscellaneous
Admin. Secretary
2
12
24
petition
Planning Technician
3
16
40
(Proposed
GIS Technician
4
15
60
fee = $1,000)
Planner (2)
12
14
168
(Proposed
City Forester
6
16
96
fee = $4,000)
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
6
35
210
1,048
Planned
Admin. Secretary
5
12
60
community
Planning Technician
10
16
160
development
GIS Technician
20
15
300
> 1,000 acres
Planner (2)
40
14
560
(Proposed
City Forester
15
16
240
fee = $4,000)
Senior Planner (2)
45
20
900
Principal Planner (3)
45
25
1,125
Growth Mgt. Director
20
35
700
4,045
Planned
Admin. Secretary
5
12
60
community
Planning Technician
5
16
8j0
development
GIS Technician
10
15
150
<1,000 acres
Planner (2)
20
14
280
(Proposed
City Forester
10
16
160
fee = $2,200)
Senior Planner (2)
25
20
500
Principal Planner (3)
25
25
625
Growth Mgt. Director
10
35
350
2'205
Page 3 of 6
Page 4 of 6
Development
Staff that may
Review time
Hourly salary
Estimated
Application
review application
by staff (in
for staff (avg.
cost for staff
hours)
in dollars)
time (dollars)
Planned unit
Admin. Secretary
5
12
60
development
Planning Technician
5
16
80
(Proposed
GIS Technician
10
15
150
fee = $2,000)
Planner (2)
20
14
280
City Forester
15
16
240
Senior Planner (2)
20
20
400
Principal Planner (3)
20
25
500
Growth Mgt. Director
10
35
350
2,060
PCD or PUD
Admin. Secretary
3
12
�6
amendment
Planning Technician
4
16
64
(Proposed
GIS Technician
6
15
h
fee = $ 1,300)
Planner (2)
12
14
168
City Forester
8
16
128
Senior Planner (2)
15
20
300
Principal Planner (3)
15
25
375
Growth Mgt. Director
6
35
210
1,371
Plat
Admin. Secretary
2
12
24
Review
Planning Technician
2
16
32
(Proposed
GIS Technician
4
15
60
fee = $400)
Planner (2)
4
14
56
City Forester
6
16
96
Senior Planner (2)
4
20
80
Principal Planner (3)
4
25
100
Growth Mgt. Director
1
35
i 35
483
Rezoning
Admin. Secretary
8
12
96
(Proposed
Planning Technician
10
16
160
fee = $1,100)
GIS Technician
10
15
150
Planner (2)
10
14
140
City Forester
4
16
48
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
3
35
105
1,149
Page 4 of 6
Page 5 of 6
i
Development
Staff that may
Review time
Hourly salary
Estimated
Application
review application
by staff (in
for staff (avg.
cost for staff
hours)
in dollars)
time (dollars)
Site plan review
Admin. Secretary
2
12
24
(minor) & site
Planning Technician
2
16
132
plan amendment
GIS Technician
2
15
30
(Proposed
Planner (2)
10
14
140
fee = $750)
City Forester
5
16
80
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
1
35
35
791
Site plan review
Admin. Secretary
5
12
60
- major
Planning Technician
5
16
80
(Proposed
GIS Technician
10
15
150
fee = $2,000)
Planner (2)
20
14
280
City Forester
15
16
240
Senior Planner (2)
20
20
400
Principal Planner (3)
20
25
500
Growth Mgt. Director
10
35
350
2,060
Subdivision
Admin. Secretary
2
12
24
(Proposed
Planning Technician
3
16
48
fee = $1,100)
GIS Technician
5
15
75
Planner (2)
12
14
168
City Forester
10
16
160
Senior Planner (2)
12
20
240
Principal Planner (3)
10
25
250
Growth Mgt. Director
4
35
140
1,105
Text amendment
Admin. Secretary
2
12
24
to land
Planning Technician
2
16
32
development
GIS Technician
0
15
0
regulations
Planner (2)
8
14
112
(Proposed
City Forester
2
16
32
fee = $800)
Senior Planner (2)
10
20
200
Principal Planner (3)
12
25
300
Growth Mgt. Director
4
35
140
840
Page 5 of 6
Development
Staff that may
Review time
Hourly salary
Estimated
Application
review application
by staff (in
for staff (avg.
cost for staff
hours)
in dollars)
time (dollars)
Time
Admin. Secretary
2
12
24
Extension
Planning Technician
2
16
32
(Proposed
GIS Technician
0
15
0
fee = $800)
Planner (2)
10
14
140
City Forester
2
16
32
Senior Planner (2)
10
20
200
Principal Planner (3)
10
25
250
Growth Mgt. Director
4
35
140
818
Variance
Admin. Secretary
2
12
24
(Proposed
Planning Technician
2
16
32
fee = $500)
GIS Technician
2
15
30
Planner (2)
5
14
90
City Forester
4
16
64
Senior Planner (2)
5
20
100
Principal Planner (3)
4
25
100
Growth Mgt. Director
2
35
70
510
Waiver from
Admin. Secretary
2
12
32
residential
Planning Technician
3
16
48
mixed use
GIS Technician
4
15
60
requirement
Planner (2)
10
14
140
(Proposed
City Forester
0
16
0
fee = $1,000)
Senior Planner (2)
12
20
240
Principal Planner (3)
12
25
300
Growth Mgt. Director
6
35
210
1,030
G: \Steve \zfeetabl.091.doc
Page 6 of 6
§ 118 -78 PALM BEACH GARDENS CODE
(2) Records. Maintain records of all actions taken under this chapter.
(Code 1987, § 159.135(B))
Sec. 118 -79. Building official's duties.
The building official shall enforce this chapter and in carrying out his duties shall receive
all applications for building permits and issue the necessary certificates and approvals.
(Code 1987, § 159.135(C))
V/Sec. 118 -80. Schedule of fees, charges, and expenses.
(a) The city council shall establish a schedule of fees, charges, and expenses and a
collection procedure for building permits, certificates, appeals, applications for amendment,
approval of site plans, conditional uses, and other matters pertaining to this chapter. The
schedule of fees shall be posted in the office of the building official and the planning and zoning
department and may be altered or amended only by the city council.
(b) Until all applicable fees, charges, and expenses have been paid in full, no action shall
be taken on any application or appeal.
(Code 1987, § 159.135(G))
Secs. 118 -81-- 118 -105. Reserved.
DIVISION 2. BOARD OF ZONING APPEALS.`:
Sec. 118 -106. Composition; appointments; officers.
(a) The board of zoning appeals consists of five members appointed by the mayor and
confirmed by the city council. The members of the board shall be residents of the city and shall
serve three -year staggered terms.
(b) Vacancies shall be filled by the mayor, subject to confirmation by the city council, for
the unexpired term. Any member may be removed by the mayor for cause after written charges
have been filed and after a public hearing has been held if such a hearing is demanded by the
member so charged.
(c) The board of zoning appeals shall each year select from its members a chairperson and
vice- chairperson.
(d) The chairperson or, in his absence, the vice - chairperson may administer oaths.
(e) As long as and in case the mayor and the city council shall not have appointed any
other board of zoning appeals, the city council shall sit as the board of zoning appeals, and the
mayor shall act as chairperson thereof.
(f) The city council may appoint alternate members to the board of zoning appeals by
resolution. The alternate members shall be residents of the city and shall serve as members of
the board and shall have a voice and vote in the meetings of the board when any regular
CD118:54
COMPARISON TABLE OF FEES FOR
PLANNING AND ZONING APPLICATIONS
AVERAGE FROM
PALMBEACH
PALM BEACH
PETITION TYPE
SAMPLE LOCAL
GARDENS .
GARDENS
GOVERNMENTS *
CURRENT FEES
PROPOSED FEES
Administrative
$ 140
$
100
$
150
Approvals
Annexations
$ 600
$
0
$
0
Appeal of an
$ 400
$
0
$
400
Administrative
Determination
... ............................_.. _ ..... .
Comp. Plan land'-
$ 1,783
$
1,800
$
1,800
use map amendment
Comp Plan "small
$ 1,616
$
750
$
1,500
scale" land' -use map
:amendment
Comprehensive Plan
$ 1,160
$
1,000
$
1,100
Text',Amendment
Co.ncurrency
$ 200
$
200
$
225
Review
Concurrent
(not applicable)
$
0
$
250
Processing';
Conditional Use
$ 1,000
$
750
$
1,000
Development of
$ 4,000
$
5,000
$
5,000
Regional Impact
(DRI)
DRI`Amendment
.................... ............. _. __...... .
$ 1,433
$
2,500
$
2,000
Miscellaneous
(not applicable)
$
0
$
1,000
Petition
Planned Community
$ 1,980
$
4,000
$
4,000
Development (PCD)
> 1,000 acres
f
PCD, PUD or Site
$ 1,350
$
1,000
$
1,350
Plan. Amendment
* Local governments surveyed included Palm Beach County, West Palm Beach, Boynton
Beach, Jupiter, Palm Beach and Riviera Beach.
9 -28 -99
1 If M
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: October 21, 1999
Date Prepared: October 12, 1999
,k
Appointment of Three (3) Members to the Art Advisory Committee
Subject /Agenda Item
Consider a motion to Approve Resolution 135, 1999, inserting the names in Section 1.
Recommendation/Motion:
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Administration
Total
City Attorney
[ ] Approved
Finance
$
[ ] Approved w/
Current FY
conditions
ACM
[ ]Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Resolution 135, 1999
[ ] Other
List of Current Members
List of Applicants plus
copies of Applications
Paper:
[ X ] Not Required
4'
aj
Sub itted
A m o
Affected parties
[ X ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manager
[ ] Not required
BACKGROUND:
As a result of the changes to the general requirements for all City advisory boards, three members on the Art
Advisory Committee are no longer eligible to serve on the Committee according to the Code. Howard Ostrout
and Jeffrey Blakely do not meet the residency requirement. Diane Honig is a seasonal resident, therefore, the
Art Advisory Committee voted at their September 27, 1999 meeting, to replace her because she would miss
more than three consecutive meetings a year.
David Porter, Chairperson, and Eric Jablin, Council Liaison, reviewed the applications on file with the City
and recommend the following appointments:
1. Appoint Sheryl Wood, currently an alternate, as a regular member to fill the unexpired term of
It
Jeffrey Blakely, which term shall expire September 21, 2001.
2. Appoint Gary Katz as a regular member to a three term, which term shall expire on October 21,
2002, to replace Howard Ostrout.
3. Appoint Raymond Katz as an alternate member to fill the unexpired term of Diane Hoing, which
term shall expire on June 6, 2000.
4. Appoint Theodore Thoburn as an alternate member to fill the unexpired term of Sheryl Wood,
which term shall expire on March 21, 2002.
October 12, 1999
RESOLUTION 135, 1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPOINTMENT OF THREE (1) MEMBERS TO THE ART
ADVISORY COMMITTEE OF THE CITY OF PALM BEACH
GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 106 -28 of the Palm Beach Gardens Code of Ordinances provides for
the appointment of members to the City of Palm Beach Gardens Art Advisory Committee
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances,
is hereby appointed as a regular member of the Art
Advisory Committee to fill the unexpired term of Jeffrey Blakely, which term of office shall
expire September 21, 2001.
Section 2. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances,
is hereby appointed as a regular member of the Art
Advisory Committee to a three year term to to replace Howard Ostrout, which term of office shall
expire March 21, 2002.
Section3 , Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances,
is hereby appointed as as alternate member of the Art
Advisory Committee to replace Diane Hoing to fill the unexpired term, which term of office shall
expire on June 6, 2000.
Section 4. Pursuant to Section 106 -28 of the Palm Beach Gardens Code of Ordinances,
is hereby appointed as an alternate member of the Art
Advisory Committee to fill the unexpired term of Sheryl Wood, which term of office shall expire
March 21, 2002.
RESOLUTION 135, 1999
Page 2
Section 5. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER 1999.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
JOSEPH R. RUSSO, MAYOR
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY ATTORNEY
AYE NAY ABSENT
f%Q
ikt55t5
CITY OF PALM BEACH GARDENS
ART ADVISORY COMMITTEE MEMBERS
(5 Regular Members — 3 Year Terms)
(2 Alternate Members — 3 Year Terms)
MEMBERS
PHONE NUMBERS
TERM EXPIRES
DATE APPOINTED
Howard Ostrout, Chair
H: 575 -7118
9/21/89
126 S. Hampton Drive
W: 743 -3009
Jupiter, Florida 33458
FAX: 743 -8034
Diane Honig (Alternate)
H: 624 -5833
6/6/2000
11/20/97
13094 Redon Drive, 33410
Cynthia Grey
H: 626 -2117
6/6/2000
11/20/97
257 Cypress Point Drive 33418
David Porter
W: 694 -0100
9/21/2001
9/6/90
11 Kintyre Road 33418
Jeffrey Blakely
W: 627 -6145
9/21/2001
1/2/92
4099 Bums Road 33408
Caren Hackman
H: 622 -4884
9/21/2001
12/19/91
4305 Hickory Drive 33418
Sheryl Wood (Alternate)
H: 755 -3424
3/21/2002
8/6/98
4487 Hickory Drive 33418
W: 687 -6278
Eric Jablin, Council Liaison
Bahareh Keshavarz, Staff Liaison
AACmembers.doc
04/15/99
Date Application
Applied Exp. Date
9/6/97 1 9/6/99
8/2/98
11/18/98
8/4/99
8/4/99
AAC- app.lst
9/7/99
City of Palm Beach Gardens
ART ADVISORY COMMITTEE
Applicant
Phone
Background
Numbers
Nancy A. Bersin
H: 627 -9938
Freelance artist, active
545 Riverside Drive
W: 588 -5853
member & student of the
Palm Beach Gardens 33410
Armory Art Center, numerous
fine art & art history studies
8/2/2000 Mark Baldwin
249 Canterbury Circle
Palm Beach Gardens 33418
11/18/2000 Raymond W. Katz
703 Sun Terrace Court
Palm Beach Gardens 33403
8/4/2001 Andrew A. Pineiro
361 -3 Prestwick Circle
Palm Beach Gardens 33418
8/4/2001 Theodore G. Thobum
2015 La Porte Drive
Palm Beach Gardens 33410
H: 630 -6060 Fastenal Company (B.A. in
Studio Arts, Art History &
Education)
H: 624 -4729 Owner of Musem Bronze and
W: 835 -6767 Fabricating
H: Associate w /Watterson,
W: 627 -5000 Hyland & Klett
H: 624 -0621 Vice President, Comerica
W: 691 -5914 Bank & Trust
CITY OF PALM BEACH GARDENS
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
The City of Palm Beach Gardens has several advisory/autonomous boards residents serve on as volunteers. The following is a list of the
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 & Environmental Committee: Meets at 7:30 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 7:30 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 7:30 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 7:30 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: AH 1WV1501 v Comm/ flee, Date: .jelJ�, to , /997
Name: - Avon v A„&J-z-ln Phone: H 10 ,g7- 9938 W x'88 SBS�
Address: - 5-q,'S MVP/sldP-- hr. P/?( -r- F7
How long have you been a resident of Palm Beach Gardens? J % VP_ors Palm Beach County?
Employer: Lukas Ice Cream. /n c , Position: Pj-ly-lv0}16 n M0 �r How Long? � VA2r-S
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):
Fi�e,lancP Cr^� 1. aW ve rnib e- OnK L 5 rr�- off' 7 1,0 , i9rrnory
7)
OS �inP OZ-7" 12,-,� rzrf- hlsfory .sfrxZ'iS
Signature
i if
CITY OF PALM BEACH GARDENS
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
The City of Palm Beach Gardens has several advisory /autonomous boards residents serve on as volunteers. The following is a list of the
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 & Environmental Committee: Meets at 7:30 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 7:30 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 7:30 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 7:30 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 amenitiestprograms.
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 ore 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: 'N cz C-0 t A i,x,WC e Date: Z-
Name: Phone: H,5�1„ b36 W 15W %,16 77(.c
Address: �4cf i��s -Q�ov> Clime
How long have you been a resident of Palm Beach Gardens? �O �Lltnnc� Palm Beach County?_
Employer: ST`2 i,trs�� �,u x Position: SckLe,!S . How Long? S -i4s
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): p d
�--� (Lr�r_QvU� -e_�Q �c�QC�N�^- ' 15,7��f' CQc�PoQ �"' f � .r14 • l /� �� � �5
2`
i
Signature bit.fL
1f�
t
CITY OF PALM BEACH GARDENS
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
The City of Palm Beach Gardens has several advisory/autonomous boards residents serve on as volunteers. The foitowing is a list oftht
boards and a very brief synopsis of their responsibilities:
Art Advisory Committee: Meets as needed (minimum once per month) to review planned projects and s"'bmittals of Art tc
determine compliance with the Arts in Public Places Ordinance,
Beautification & Environmental Committee: Meets at 7 :30 p.m. on the 2nd Wednesday of each month. This board make,
recommendations to the City Council regarding the beautification of City property and the status of the environment throughou
the City.
Code Enforcement Board: Meets at 7 p.m. on Mondays, when deemed necessary. This quasi judicial board issues findings o
fact and conclusions of law to bring certain violations to the City's Code in compliance.
Education Advisory Board: Meets at 7:30 p.m. on the 2nd Wednesday of each month. This board makes reeomendations to th,
City Council concerning the needs and recommended steps to be taken to improve relationships and performance of local school;
Platttiing & Zoning Board: Meets regularly at 730 p.m. on the 2nd and 4th Tuesdays of each month. This board is vested wit
the jurisdiction of making formal rcoommendations to the City Council on matters Pertaining to land usage, and is responsible fc
considering all site and appearance plans for new projects within the City.
Recreation Advisory Board: Meets at 730 p.m. on the i st Tuesday of each month. This board makes recommendations. to th
Council concerning the development, operation, maintenance, financing, etc. of recreational amenities/progmms.
Pension Boards: Police, Firemen's and General Employees. These boards meet at various times, usually once a month or one
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 followin
application form and forward it to the City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 334I0,
Please Print in Black Ink
City of Palm Beach Gardens
APPLICATION FOR POSI'T'IONS ON ADVISORY BOARD(S)
loard(s) Applied for: _Ao- -r go �{ ar�'fl hate: _ 11
Name:. f�-Y ��� c� �
V- ���"'C'Z Phone: H 62 �,— r-1 �12c{ W $� rj — �'7 �
A. ddress: �p`3 00 � '2.GLA -C�,� as c� V.)--r
long have you been a resident of Palm Beach Gardens? J� Palm Beach County? 10
Employer: .! �v`S�a(9wt�fZm�2� Position: ^ 0t,-9ky�;P- How Longs
Please attach a E esume to your application or use space below to summarize qualifications and experience acquired that woe
be helpful to u;c Board(s) for which you are applying (i.e., education, employment, participation in service organizations
clubs):
MAY C�r.9t CA- LC IE: AGv-- <�R- to -n-,DKn t— CO6) t-D p -- 15:' &0
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Signatur_• _ ( ,
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Phone 561 -80611111W Fax 561 - 624 -4729
Mobile 561- 714 -6109
Museum Bronze and Fabricating
castings Repairs, Restoration, and Installation
of Fine Art Sculpture
i
Raymond Katz
Art Foundry and Related Experience
Welder and Craftsman, North Carolina Film Corporation, Wilmington, North
Carolina, 1984 - 1986. Fabricated all metal work for sets in Michael
Cimino's Production of Year of the Dragon.
Welding Supervisor, Bedi -Makky Art Foundry, Inc., Brooklyn, New York,
1979 - 1984. Responsible for all welding and finishing of welds. on all
monumental and fine art castings. Developed new techniques for welding
exotic alloys such as white bronze, yellow bronze, monel, and iconel.
Freelance Finisher and Colorist, 1978 - present. Provides finished bronze
castings to sculptors who need to meet specific deadlines.
Welder /Finisher /Chaser, Modern Art Foundry, 1978 - 1979. Worked directly'•
with artists in the construction of monumental bronze statutes.
Supervisor, Recycling Center, Inc., Richmond, Indiana, 1976 = 1977. In
charge of processing all ferrous and nonferrous metal for shipment to
smelters and mills. Responsible for maintenance of truck fleet and scrap.
processing equipment.
Foundry - Related Special Projects
1985: Research Survey and Restoration Sculptors: John Massey Rhind
Proposal for Sculptures Herbert Adams
Surrounding City Hall John J. Voyle
Philadelphia Art Commission A. Milne Calder
Philadelphia, Pennsylvania John Rogers, Jr.
Henry Ellicott
Lady Justice Sculptor: Adolph Weinman
Court Room Scene
The Movie, Marie - A True Story
Frank Capra, Jr., Director
1984: Menorah
Jewish Museum
New York, New York
Music Relief
High School for the Arts
Baltimore, Maryland
Sculptor: Oded Halamy
Sculptor: Edward Wilson
E
Z.
4x
Foundry - Related Special Projects (continued)
1983: CHAVA- (LIFE)
Sculptor:
Peter Rubino
Ben - Gurion University
Eshkelon, Israel
Bob Marley Memorial
Sculptor:
J. Gonzales
Kingston, Jamaica
Reclining Figure (restoration)
Sculptor:
Henry Moore
Vivian Beaumont Theater.
Lincoln Center
New York, New York
American Eagle
Sculptor:
Albino Manca
Battery Park Plaza
New York, New York
1982: Walt Whitman Memorial
Sculptor:
Leonard Baskin
18th and Oregon
Philadelphia, Pennsylvania
Queen Kamolupo Statute
Sculptor:
Marianna Pineda
City Hall
Honolulu, Hawaii
1981: Prometheus
Sculptor:
Walter Hancock
Civic Center
West Philadelphia, Pennsylvania
Archer Diana
Sculptor:
Augustus St. Gaudens
Madison Square Garden
New York, New York
Young Benjamin Franklin
Sculptor:
Joseph Brown
Broad Street 8 JFK Boulevard
Philadelphia, Pennsylvania
1980: Flying Geese
Sculptor:
Marshall Fredericks
American Embassy
Copenhagen, Denmark
Family
Sculptor:
Ghaim Gross
Long Island Jewish Hospital
Hempstead, New York
Corinthian Lamposts
Designers:
Rambush Associates
American Security Bank
New York City
Washington, D.C.
-2-
Foundry - Related Special Projects (continued)
IG6;
1979: Albert Einstein Centennial r
Monument
Constitution Mall
Washington, D.C.
Untitled Abstract
Walker Art Center
Minneapolis, Minnesota
Sculptor: Robert Berks
Sculptor: Isamu Noguchi
1978: Oliver Pollack Memorial Sculptor: Frank Hayden
State Capitol Centroplex
Baton Rouge, Louisiana
Other Artists on Whose Projects Mr. Katz has Participated:
Gaston Lachaise
Frank Eliscu
R. Tait McKenzie
Paul Manship
Lisa Fonssagrives Penn
A. Phimster Proctor
Alexander Archipenko
John Rhoden
Adolph Weinman
Donald De Lue
William Wheeler
Seui Saito
Nathan Rappoport
Jacques Lipchitz
Elie Nadelman
William Zorach
Theodore Rozak
Tony Smith
Michael Lantz
Herbert Ferber
Malvina Hoffman
Clemente Spampinato
Frederich Kiesler
Angelo Frudakis
Ertel
Brian Hunt
Professional Art Background:
Commissions and Collections:
Seymour Lipton
Leroy Neiman
David Aronson
Robert Scriver
Frederick Remington
Marilyn Newmark
Russell Baker Bryant
Mane Katz
Arnaldo Pomadoro
Greg Wyatt
Phillip Ratner
Isidore Margolies
Elbert Weinberg
Mr. and Mrs. James Cisco, Bethesda, Maryland
Dr. and Mrs. David Marcus, Dayton, Ohio
Mr. and Mrs. Joel Rosen, Ardsley, New York
Hobart Brothers Company, Troy, Ohio
Mr. and Mrs. John Hankinson, Albuquerque, New Mexico
Mr. and Mrs. Robert Fitterman, Fort Lauderdale, Florida
MAPI Incorporated, Dayton, Ohio
Mr. and Mrs. Mark Issen, Richmond, Indiana
Mr. Victor Zaikine, Woodstock, New Y%rk
Mr. and Mrs. Boniface Titi, Washington, D.C.
Jewish Community Council, Dayton, Ohio
Mr. and Mrs. Aaron Sivitz, Dayton, Ohio
Mr. and Mrs. Michael Schueneman, Vandalia, Ohio
ConEdison, New York, New York
Mr. and Mrs. Michael Schueneman, Vandalia, Ohio
Mr. and Mrs. Charles Weprin, Dayton, Ohio
Ms. Jayme Bednarcyzk, Wilmington, North Carolina
-3-
i
Commissions and Collections: (continued)
�..) Mr. and Mrs. Kinjo Tie, Concord, California
Mr. and Mrs. Michael Gluck, Yonkers, New York
Dayton Police Department, Dayton, Ohio
University of Dayton, Dayton, Ohio
American Red Cross, Brooklyn Chapter, Brooklyn, New York
Shows and Awards:
One -Man Show, University of Dayton, 1975
One -Man Show, Dayton Art Institute, 1973
All Ohio Sculpture Annual, 1971
Blossom -Kent Sculpture Annual, 1971
Two -Man Show, Salem Mall Gallery, Dayton, Ohio, 1970
Represented By:
Art for Industry, New York City
C.W. Fentress Architects and Planners, Denver, Colorado
Educational Background:
Sculpture:
l University of Dayton, Dayton, Ohio, 1973 - 1975, 1986 - 1987
t ' School of the Dayton Art Institute, Dayton, Ohio, 1970 - 1973
Welding Workshop for Sculptors, sponsored by Hobart Brothers and the
University of minnesota, 1971
Industrial:
E.I. Du Pont Nemours Company, Industrial Refinishing Clinics, Dayton,
Ohio, 1973 - 1975
Hobart Brothers School of Welding Technology, Troy, Ohio, 1970 - 1972,
two certificates
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sculptor
82 HIGHLAND AVENUE LEONARDO. N.J. 07737
Commissioner Dudley R. Sykes
Department of Public Property
Municipal Services Building, Rm. 1020
Philadelphia. Pennsylvania
Dear Sir:
Regretfully, as you may he aware, the pnhlic sculpture in Philadelphia
is badly in need of restoration.
I would like to recommend Mr. Raymond Katz who, in spite of his
youth, has had many years of experience with bronze and has
knowledge and much experience in the malaise that can and does
happen to bronnze In our industrial and moder-a age of pollution
and damage.
Some of these statues have an age of 100 years and others "are
showing many signs of damage and age, largely due to the pollutants
in the air.
This young man plus being knowledgable, has intenrity and dedication
to principle that will ensure that the restoration of these Philadelphia
statues will be restored to their original condition based on a study of
the period and time in which the sculpture was executed. There is no
other person to my knowledge that has the ability and experience to
under',- -tke the work as has Mr. Raymond Katz.
Sincerely,
C 9J,; ,
R
JOHN W. RHODEN
SCULPTOR
October 10th, 1982
Mr, Joseph W. Brown
Comiccioner of Public Property
1020 Municipal Service Building
Philadelphia, Pennsylvania
Dear Mr. Brown,
I am writing to you with regard
to Mr. Raymond Katz. who I understand has come
up with a plan to document future and existing
sculptures in the City of Philadelphia. and also
in repairing sculpture that is in need of such.
Raymond has worked in most of
the foundries that do bronze castings in the
New York areal and it has been in the foundries
that I have discovered that he has the technical
know -how and also the pride he takes in doing
a good job, which are two very great requirements
for a sucessful craftsman.
I feel that Raymond could sucessfully
handle such a position if he were authorized to
do so.
Sincerely,
Aohn W. Rho
23 CRANBERRY STREET, BROOKLYN HEIGHTS, NEW YORK 11201 ULSTER 2 -7337
I
SOUTHERN UNIVERSITY
-� BOUTHKRN BRANCH KIST OFFICE
BATON ROUGE. LOUISIANA 708t3
P. 0. Box 9280
DEPARTMENT OF FINE ARTS
October 13, 1982
Mr. Joseph W. Brown
Commissioner of Public Property
100 Municipal Service Building
Philadelphia, Pennsylvania 19107
Dear Mr. Brown:
Occasionally there are rare combinations of energy, talent, and
sensitivity. Mr. Raymond Katz is such an individual.
In my recent heroic size sculpture of Oliver Pollock for the City
of Baton Rouge, Mr. Katz expressed 01 of the above in bringing to.
life in bronze this monument. Not only has he mastered the difficidt
skills of the foundry, but he is now able to provide them to his
clients according to their needs.
His integrity and dedication will tolerate only the best effort,
therefore, those things unseen or un- noticed by the layman and even
some professionals will always be structurally sound and genuinely
treated.
I highly recommend him to you because his work speaks well of
him and will stand on its own merit.
FH/lr
Sincerely yours,
Frank Hayde
Sculptor & Prd essor of
Fine Arts
JOSEPH BROWN
R. U. 1 -Box 122A
PRINCETON, N. ]. 08540
(609) 921 -2868
December 16,1982
To whom it may concern:
I know Mr. Raymond Katz to be an experienced and talented
foundry-man who has exhibited a profound respect for his craft
in all of its ramifications.
He has been involved in the production of bronze casts of
my own works, monumental and small, for approximately six years,
as a working member of the staffs of Modern Art Foundry and
The Biddi -Makky Art Foundry.
He has also given me the benefit of his expertise in
connection with repairs that have been necessary to some of my
public monumental sculptures. I have found his advice and his
work of high professional quality in every sense.
I recommend him most highly for any work related to casting,
repairing and conserving sculptural works.
Yours truly,
Joe Brown
Sculptor and Professor - Emeritus in Visual Arts
Princeton University
CITY OF PALM BEACH GARDENS
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
The City of Palm Beach Gardens has several advisory/autonomous boards residents serve on as volunteers. The following is a list of the
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 & Environmental Committee: Meets at 5:30 p.m. on the 1st 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 7:30 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 6:30 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 quarterly, usually on a Tuesday, at 7:00 p.m. 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) a �1
Board(s) Applied for: ' /9127- fib VlfoR t/ COAA 1 j%E� Date:
Name: (Print) �iV�RFllV 19• PNElke ` Phone: H W 6 ZZ -SaoO
Address: 3% —� �LSiW t( C P16iti P 1s(� IrL f S5Lflff
How long have you been a resident of Palm Beach Gardens? �Me, Palm Beach County? o� M
Employer: 94- TUSo4t IlyI -AWb I- %1E7n) /?R. Position: /tj SS oC1,t7 -E How Long? /y.Q
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):
/N 44-.61,Ve, ' IAIrE2Aafri.✓l
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i o Ic i`c2-n N'- 06M Pc 1,9- ve �:- W I rIf i711 /gr,< /,v I'&4-4 lG P brtfs.
Signature
THEODORE G. THOBURN
2015 LA PORTE DRIVE
PALM BEACH GARDENS, FLORIDA 33410
As requested,.I am pleased to enclose the Application and my resume for
your review and consideration. The information furnished is probably
much more than you want or need, but it was on my computer file and
easily printed out.
With my many years in the trust and investment industry, some of which
were spent in the pension area, I have taken the liberty of also listing the
Pension Board as an area of interest. If at some point in the future there is
need for an addition to that board and, interest in my background, I would
be happy to assist in any way I can.
I very much appreciate your interest in coiisiderirlg iae for the Art Advisory. .
Committee.
i If you have any questions, I will be happy to address them with you.
Sincerely
Theo re G. T oburn
/tgt
CITY OF PALM BEACH GARDENS
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
The City of Palm Beach Gardens has several advisory/autonomous boards residents serve on as volunteers. The following is a list of the
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 & Environmental Committee: Meets at 5:30 p.m. on the 1st 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 7:30 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 6:30 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 quarterly, usually on a Tuesday, at 7:00 p.m. 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 Prinrrin Black Ink ----- -- ---------- — --------------- - _-- ------
City of Palm Beach Gardens
APPLICATION FOR POSITIONS ON ADVISORY BOARD(S)
Board(s) Applied for: Art Advisory Comm., Pension Bd.
Name: (Print) Theodore CT. Thoburn
Date: August 4, 1999
Phone: H 624 -0621 W 691 -5914
Address: ?n i S T.a PnrrP T)ri vi-- _ Pal Tn Beach Gardens . FL 33410
How long have you been a resident of Palm Beach Gardens? 6 vrs Palm Beach County? 6 yrs
Employer:
Comerica Bank
Position: Vice President
How Long? 6 yrs
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):
n
Signature
THEODORE G. THOBURN
PERSONAL DATA
Residence: 2015 LaPorte Drive
Palm Beach Gardens, Florida 33410
Telephone: Home: (561) 624 -0621
Office: (561) 691 -5914
EDUCATION
Allegheny College, Meadville, Pennsylvania
Bachelor of Science, Mathematics, 1960
MILITARY EXPERIENCE
Ohio National Guard, 1960 to 1966
BUSINESS EXPERIENCE
COMERICA BANK & TRUST, Fsa
Palm Beach Gardens, Florida
February 1993 to Present
Vice President, Senior Administrative Officer
Responsible for management of Palm Beach Gardens Trust Office and 130 high net worth client
relationships.
CRESTAR BANK
Richmond, Virginia
January 1990 to February 1,993
Senior Vice President, Personal Financial Services Division Manager
Responsible for directing all personal trust business development and administration activities
throughout the Virginia, Maryland, and Washington, D.C. markets. The total current fee income for
these areas totaled $27 million. Responsible for strategic planning, recruitment, staff development,
and budget administration. Direct reports included five Regional Managers responsible for 13 offices,
which had a total staff of 140, business development and administrative staff. In addition, managed
the Director of Trust Tax Administration. Reported to the Executive Vice President of the Trust &
Investment Management Group.
MR, THEODORE G. THOBURN
Page 3
FLORIDA NATIONAL BANK
Jacksonville, Florida
May 1983 to January, 1990
Executive Vice President, Bank Services Group Manager
September 1985 to December 1989
Responsible for directing all marketing sales and administrative activities related to the affluent,
professional, retail, and corporate banking markets for the organization, which had total assets of $8
billion. Managed Senior Vice Presidents responsible for the Investment -Management and Trust,
Corporate Banking; *Marketing and Consumer Service ?,, Ld a1, Cofflpl unce and
.Public Affairs
Divisions, as well as the company's in -house investment management'subsidiary. Reported to the
President of Florida National Bank.
Executive Vice President, Investment Management and Trust Division Manager
May 1983 to September 1985
Upon joining Florida National Bank, was responsible for all personal and institutional trust new
business development, administration, investment management and operations activities for the
organization. Reported to the President of Florida National Bank.
NATIONAL CITY BANK
Cleveland, Ohio
January 1961 to May 1983
Executive Vice President, Trust and Investment Division Manger
1980 to May 1983
Various Positions
1961 to 1980
Served in various capacities within the Operations, Investment, Trust Administration, and Trust Sales
areas within the Trust Division for the Bank, leading up to being named Executive Vice President and
Division Manager in 1980.
CURRENT CIVIC ACTIVITIES
John D. MacArthur Beach State Park - Treasurer and Member of Citizens Support Organization
American Red Cross - Member of Northern Palm Beach County Advisory Council
FORMER CIVIC ACTIV=S
Jacksonville Symphony - Member of Board of Directors
Volunteer Jacksonville - President of Board of Directors
Big Brothers, Big Sisters - Member of Board of Directors
Jessie Ball duPont Foundation - Board member representing Corporate Trustee
MR THEODORE G. THOBURN
Page 3
Allegheny College - Trustee
Cleveland Society for the Blind - President of Board of Trustees
Elizabeth Severance Prentiss Foundation - Secretary of Board of Trustees
Suicide Prevention Center - President of Board of Trustees
Vocational Guidance Center- Member of Board of Trustees
United Way Services- Fund - raising Section Chairman
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: October 21, 1999
Date Prepared: October 4, 1999
Subject /Agenda Item
First 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 First Reading of Ordinance 28, 1999
Reviewed by: (l
Originating Dept.:
Costs: $
Council Action:
Y
City Attorney �►
Growth Management
Total
[ ]
Finance NA
/ ,
$
[ ] Approved w/ conditions
ACM
�{
Current FY
�
[ ]Denied
Advertised:
Human Res. NA
Funding Source:
[ ] Continued to:
Other NA
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
Ordinance 28, 1999
Sign Detail
Site Plan
Landscape Plans
Elevations
City Engineer Comments
Letters from staff
[ ] Not Required
Applicant letter; 9/24/99
Submitted by:
Gro h an t
cted parties
Budget Acct. #::
Director -
[ ] 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 l A and Burns Road. (07- 42E -43S)
'LOCATION MAP
CATALINA LAKF,S
N
Agenda Cover Memorandum
Page 2
BACKGROUND
October 21, 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 AIA 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 AIA and
Burns Road. The proposed density for this project is 5.7 dwelling units per acre (du/ac), which is
consistent with the City's Residential Medium zoning. The lots are typically 52' x 93' and will
each contain a two -unit building.
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Agenda Cover Memorandum
Page 3
October 21, 1999
Project construction
The applicant is proposing to construct the development in stages, as detailed below:
• First stage to include clearing of the land, earthwork, water management/retention lakes and
road and utilities infrastructure.
• Landscaping is proposed to be installed after the townhomes are constructed; however, all
buffer walls will be in place prior to housing construction.
• The housing construction will start with the building of the entry feature and the townhomes
in the northern section of the parcel.
• After this, the constriction will proceed southward until total build -out.
• The applicant proposes to construct the recreation center after 50% of the development is
completed.
The phasing plan has been added as a condition of approval. However, staff is requesting that
landscaping be installed as the homes are built rather than after.
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,
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Agenda Cover Memorandum
Page 4
October 21, 1999
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.
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. Mr. Schnelle recommended
preserving some existing native vegetation and the applicant is working with the City Forester
Mark Hendrickson to relocate suitable Cabbage Palm, Live Oak, and small Slash Pines. Mr.
Schnelle also recommended preserving the large Slash Pines located in the northwest corner of
the site. The applicant had proposed this prior to the City's review and is still proposing to do
so. Finally, the applicant is required to provide wetland mitigation off -site. The applicant is
working with the South Florida Water Management District and the Corps of Engineers to
coordinate this effort. The permits from these entities will be provided to the City prior to final
construction plan approval.
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%
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Agenda Cover Memorandum
Page 5
October 21, 1999
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.
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.
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Agenda Cover Memorandum October 21, 1999
Page 6
PLANNING & ZONING COMMISSION
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 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
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:
1. 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)
2. Prior to scheduling this petition for City Council, the applicant shall provide a
landscape plan for Alternate AlA and Burns Road. (City Forester)
3. Prior to the issuance of the first building permit, the applicant shall provide a
revised site plan that demonstrates a 55' Alt. AIA buffer at the narrowest point of
the right turn lane right -of -way. (Planning & Zoning)
4. The applicant shall work with staff and Southern Bell to move the Catalina Lakes buffer
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Agenda Cover Memorandum October 21, 1999
Page 7
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)
10. 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
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.
11. The applicant shall install and maintain the landscaping to be located (a) in the median of
Alternate AIA 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
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Agenda Cover Memorandum
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October 21, 1999
separate agreement between the City and applicant, his successors and/or assigns. (City
Forester)
12. The Alt. AlA, 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.
CITY COUNCIL MEETING
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 landscaping/buffering in A 1 A 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.
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Agenda Cover Memorandum October 21, 1999
Page 9
The applicant has responded by revising the plans. The changes made include:
• Creating a meandering sidewalk along Alternate AIA
• 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.
GROWTH MANAGEMENT STAFF COMMENTS
Drainage
This site is located directly west of the Oaks PUD, which is a residential development. The
residents of this development are concerned about additional storm water being routed through
their surface water management system. Following the Planning & Zoning Commission meeting
for St. Marks Episcopal Church (which is south of the Oaks), the Commission members
requested that staff look at alternatives to address the residents' concerns.
City Engineer Len Lindahl has been working closely with the applicant to find the most efficient
drainage system possible. Mr. Lindahl's recommendation is that the drainage be directed to the
RCA drainage basin, bypassing The Oaks drainage system. 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).
Alternate AIA & Burns Road Landscape Plans
As requested, the applicant has submitted Landscape Plans for the medians along Alternate AIA
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.
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Agenda Cover Memorandum October 21, 1999
Page 10
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)
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
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.
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Page 11
October 21, 1999
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)
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 13th 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.
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Agenda Cover Memorandum
Page 12
DEPARTMENTAL COMMENTS
Planning & Zoning_ Division
See above.
Seacoast Utility Authority
See attached letter dated June 8, 1999
City Engineer
See attached memo dated August 18, 1999
City Forester
See attached memo dated July 26, 1999
Police Department
No further concerns
Fire Department
No further concerns
Building Division
No concerns.
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October 21, 1999
TABLE I
EXISTING LAND USES AND ZONING DISTRICTS
EXISTING.USE
ZONING ,.
LAND USE
-
H
k A
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)
CAMy Documents\MyPiles \Catalina \PUD9809.cc2.doc
TABLE 2
CODE COMPLIANCE:
Compliance
Yes
Re- zoning
proposed
Waiver requested
Waiver requested
Waiver Requested
Yes
Waiver requested
Yes
Parking
Required/
Proposed
Y�
Allowed
768
Residential Medium
Residential Medium (RM)
add 5% guest =38
(RM)
Planned Development
Planned Unit Development
Area (PDA)
(PUD)
lck _
30'
Front Yard to Garage: 20'
2 spaces
4 spaces
Front Yard to Portico: 14'
k
10'
5' w/ a 10' separation between
Farkumg
buildings
k
10'
With optional pool: 3'
With screen or patio: 0'
ck -'..f.
20'
30'
Waiver requested
20'
With Optional Pool: 3'
With Screen or Patio: 0'
L>tttoral Zones �.
36'
27'
Compliance
Yes
Re- zoning
proposed
Waiver requested
Waiver requested
Waiver Requested
Yes
Waiver requested
Yes
Parking
3 Bedrooms x 256 units =
845 Spaces
Yes
Spaces ��
768
add 5% guest =38
add Recreation =8
hx �
TOTAL = 814
H'andicag
2 spaces
4 spaces
Yes
Farkumg
fp Y k
Building Lot
35% Maximum
39%
Waiver requested
ri fi
Coverage:
L>tttoral Zones �.
All water bodies require
Water tolerant trees in lieu of
Waiver requested
-..=
littoral plantings
littoral plantings
Open�Space� , -
35% Minimum
53.7%
Yes
CAMy Documents \MyFiles \Catalina \PUD9809.cc2.doc
August 9, 1999
October 4, 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 AIA 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.
1
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 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)
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 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 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. AlA 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. Construction 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 AlA 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.
11. 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.
PLACED ON FIRST READING THIS DAY OF , 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
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
VOTE: AYE
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
GAShort Range \PUD9809.OR.doc
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
CITY ATTORNEY
NAY ABSENT
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 °34'14" 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 01 035'39" 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 NORHT 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 °58'53"
WEST, ALONG SAID NORTH RIGHT -OF -WAY LINE, A DISTANCE OF 4.43 FEET; THENCE NORTH
83 051'24" WEST, CONTINUING ALONG SAID NORHT 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 °43'35' WEST, A DISTANCE OF 51.60 FEET TO THE EAST RIGHT -OF -WAY LINE OF ALTERNATE A-
1-A; THENCE NORTH 15 °16'11" 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 01°25'43" EAST, A DISTANCE
OF 20.00 FEET TO THE NORTH LINE OF THE NORTHWEST ONE - QUARTER (NW Y.) OF SAID
SECTION 7; THENCE SOUTH 88 034'17" 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 1-767, 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 88 034'17"
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 01 025'43" 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 Burns Road and Alternate
A -1 -A, on the the north side of Bums Road and the east side of Altemate A -1 -A.
Property Control No. of the subject property. 52 43 42 07 00 000 3120
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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 -1 -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. Additio 0
applicant has met with Assistant Fire Chief Scott Fetterman. The ep"e r
has indicated that they do not have a concern with the placeme - the�>n
Maplewood Professional Center
1934 Commerce Lane - Suite 1
Jupiter, Florida 33458
Lic.# LC- 0000239
561- 747 -6336 FAX 561- 747 -1377
http:/www.cotleur-hearing.com
Ip
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c�'F p � a'dPns
414 64c4
AkTMr.
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
City of
SIP PB ca�d�ns
G�r2T �J19`�`'t
&4&4C
D6RTM fNr/
Fire — Rescue
Chief Peter T. Bergel
Life Safety Services
Division
• Inspection Services
• Community Education
• Plans Review
• Fire Investigation
(561) 775 -8260
Fax (561) 775 -8269
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410.4698
Memo 3 g
September 20,'1999 ty City of P.B. Gardens
a
Sp 27 im
GROWTH
MANAGEMENT
To: Don Hearing, Cotleur & Hearing l DEPARTMENT
r
Oj g
From: Scott Fetterman, Asst. Chief / Fire Marshal
RE: Catalina Lakes
In confirmation of our meeting this morning, the Fire Rescue
Department has no adverse comments or concerns with the proposed
location of the A/C units outside of the building. Thank you for your
consideration in this matter. Please contact me if you have any
questions or I may be of further assistance.
Waiver Justification
Cigl at P.B. Gardens a+
Section 98 -72 (a) Plantings
The applicant is requesting approval for providing a 0' buffer at a single point, whI&M at:
the southwest comer of the Bell South property. At this one point, the comer and thAggle 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'L'and
Development Regulations to provide a 55' Buffer along Alternate Al A.
The applicant proposes to construct a 6' concrete wall, which will be planted with ficus 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 --- adjacent- -to -Ahe- street -- A-tree -has been
strategically placed at the subject comer 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) ffSetbacks 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. No homes 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 concerns 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.
Memo to File
From: Mark Hendrickson, City Forester
Subject: PUD- 98 -09, Catalina Lakes Townhomes
Date: July 26, 1999
I have reviewed the median landscaping plans submitted July 14, 1999. The following are my
comments for the August 19, 1999 City Council meeting:
In the north east portion of the site, the 45' wide road right -of -way (ROW) converges with
the 15' buffer area between this project and the existing Southern Bell project. Staff would
prefer that the 15' landscape buffer not be encumbered by a ROW. Southern Bell is
proposing an expansion to a two story building. Staff wants to have both property owners
buffered from each other to the greatest extent possible.
I recommend the following conditions for consideration:
1. 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.
2. The applicant shall install the Alt. AIA and Burns Road landscaping as approved by City
Council within one year of the first certificate of occupancy. The applicant, his successors and/or
assigns shall maintain the Alt. AIA and Burns Road landscaping per City maintenance standards,
or shall pay to the City, or special roadway maintenance district if one is adopted, the total cost of
maintenance. A reasonable fee shall be determined annually, paid in quarterly installments by the
applicant and his successors and/or assigns commencing on the first of November following the
installation. Specific provisions for payment, and revisions thereto, may be addressed by separate
agreement between the City and applicant, his successors and/or assigns.
3. The Alt. AIA, and Burns Road perimeter landscape buffers shall be installed concurrent with
the construction of the adjacent interior roadways or townhouse, whichever occurs first.
4PA Seacoast Utility Authority Mailing Address,
P.O. Box 109602
Palm Beach Gardens,
Florida 33410 -9602
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:
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 ; 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
' Lh
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
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.
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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
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LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
Ca —
(LBFH File No 98 -4022)
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
P:\PBGMEMO \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
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