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HomeMy WebLinkAboutAgenda Council Agenda 061799All 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 NNE 17,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilmar�%pvid Claflyf-Cctuncilman Carl Sabatello. M. ANNOUNCEMENTS: Monday, June 21, 5:30 P.M., Art Advisory Board Tuesday, June 22, 6:30 P.M., Planning & Zoning Commission Thursday, June 28, 7:00 P.M., City Council Budget Workshop VI. PRESENTATIONS: 1. Employee Service Awards 2. Leo Noble, Education Concurrency V. CITY MANAGER REPORT; 1. Discussion of Issues and Priorities 2. MIS Expenditures for the New Municipal Complex 3. Military Trail Irrigation 4. Audio/Visual Equipment VI. ITEMS BY MAYOR AND COUNCIL: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: �.- 1. Approval of Minutes of City Council 6 /3/99 Regular Meeting 2. Awarding of Bid for 911 System Upgiades. 3. Awarding of Bid for Head Sets for Fire- Rescue. 4. Resolution 66, 1999 - Consideration of Approval of Roly's Outdoor Seating at Oakbrook Square Shopping Center 6. Resolution 78, 1999 - Consideration of Approval to Support the Black Coalition of the City of Riviera Beach re: Neighborhood Schools. 7. Resolution 73, 1999 - Consideration of Approval of Plat of BallenIsles Pod 6A. 8. solution 74, 1999 - Consideration of pproval of Plat of Bal nlsles Pod 24. 4'. V.ep . 53 ( I l (: i °v `1— e-1 IX. PUBLIC HEARINGS: 1. Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza (Public Hearing, adv. 6/7/99)(To Be Continued to 7/1/99 Regular Meeting of the City Council) CITY MANAGER'S OFFICE interoffice MEMORANDUM TO: Mayor and Council FROM: Bobbie Herako c ity Manager SUBJECT: Discussion of Issues and Priorities (3 -2 -3 Items) DATE: June 14, 1999 Update The attached chart format of issues and priorities (3- 2 -3's) as well as recent directives has been prepared for better readability. Completed Issues and Priorities Contractor's Certification (4/15/99) Sienna Oaks Rat Issue (4/26/99) Freedom House (5/6/99) Vavrus (5/6/99) Annexation of Pockets (5/6/99) Shady Lakes Landscaping (4/15/99) Grant Update (5/6/99) Annexation of Northlake/Military Strip Mall (5/6/99) Northlake Billboard (4/12/99) Waste Management authorization to bid or extend contract (5/6/99) Irrigation and right -of -ways (5/6/99) Gardens Park Ballfields Poles (5/17/99) Winn Dixie Wall (5/30/99) Dedication Placques Gardens Park and Tennis Center (6/10/99) Good News The City of Palm Beach Gardens will celebrate its 40u' anniversary on August 20, 1999 at PGA National Park Palm Beach County passed a resolution on June 8, 1999 accepting and filing the City of Palm Beach Gardens' request to urge the Corps of Engineers and the South Florida Water Management District to modify the existing S-44 Water Control Structure located within the C -17 canal by installation of a third gate. The South Florida Water Management District has committed to taking our above request to the District's Governing Board. The Board, with approval, may then proceed with the design and BH296 construction of the gate pending authorization and appropriation by Congress. Attachments: • June 2, 1999 Memo from John Donahue to Len Lindahl Re: City of Palm Beach Gardens; Contamination Assessment and Remediation Plan • May 18, 1999 Memo from Roxanne Manning to City Manager /Assistant City Manager Re: Audio Visual Needs Survey • May 4, 1999 Shady Lakes Homeowners Association Thank You Letter to Fellow Neighbors, FPL and the City of Palm Beach Gardens and Copy of their Check for $7,215.00 (37 Oak Trees @ $195.00 each) • Palm Beach Gardens Police Department Weekly Summary of Crime Calls — May 28 -June 3, 1999 • Palm Beach Gardens Police Department Weekly Summary of Crime Calls — June 4 -June 10, 1999 • Fire Department Weekly Summary if Situations — June 7 -14, 1999 • June 1, 1999 Memo From Sue Miller to City Manager Re: Tennis Hours • June 1, 1999 Memo From Kent Olson to City Manager Re: Recreation Impact Fee Projections • May 12, 1999 Thank You Letter from Jupiter Medical Center to EMS Commander Chris Brown, PBG Fire Rescue • May 12, 1999 Letter from Florida Department of Transportation to City Manager Re: Lighting Under Burns Road at I -95 (S.R. 9), State Section 93220 • May 10, 1999 Thank You Letter from County Commissioner Karen T. Marcus to City Manager Re: Burns Road Improvements • May 12, 1999 Thank You Letter from PGA Property Owners Association to City Manager Re: PGA Boulevard Widening • June 2, 1999 Letter from R. Keith Haas, Seacoast Utility Authority, to Bob Patty Re: Notice of Construction • June 2, 1999 Minutes for PBG Beautification and Environmental Committee Meeting • June 8, 1999 Memo From Sue Miller to City Manager Re: PBGHS Baseball Issue • June 8, 1999 Memo From Sue Miller to City Manager Re: City's 400' Birthday Celebration • June 4, 1999 Letter From Bob Patty to Residents Re: Punch List of Concerns Since Completion of Work on Riverside Drive • May 11, 1999 Letter from Bill Beville to City Manager Commending Public Works Department Employee Robin Smith • June 9, 1999 Letter from Burman, Critton & Luttier, Attys. Thank You Letter to Cindy Harvey and Department Heads For Records Received • Toward Greener Florida Cities Brochure — An Assessment of the State's Park, Recreation and Conservation Needs (See pg. 12 for P.B.G. participation) • Public Works Project Calendar Previously Distributed: • May 26, 1999 Miscellaneous Information Memo from City Manager • June Calendar • Planning and Zoning Pending Schedule June 1, 1999 and June 7, 1999 BH296 • Florida League of Cities Conference Program • June Calendar Revised • Code of Ordinances — Supplements • 6/4/99 Litigation Report • Palm Beach Gardens Fire Rescue Annual Report BH:npf Attachments City Manager Telephone: 775 -8250, Voice Mail: 775 -8259, Cell Phone 312 -9366 BH296 O n �! n!Y m � R m �� h a �• x', d � i � � P 'A i X �, •p �. �." � it FD• b b b � y d a Or+ •yy • s • 4. 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R Z8 p � �� � ;: �• �'� o�� ycy�. � � ��• Fyo 0 0 .�rc„oo � $. •rte ��'Q, to 'p n (�(',�� .+,�."�+� aq o Q P• �. r 10 � b N 0 P ° W ad a C, C� C, W e7 °ter• � � � 9 �. r., m w C, C� C, W e7 0 n H � r., m w °rua"a� H R. f4 2G o� &'2 Rol yy o e E0 w < w r a 10, ti m ti `° C �; p w •°�, .n n < eD rr s � a a N a e ��C F � m n 0 bd a City of Palm Beach Gardens Management Information Systems Division Recommendations for Municipal Complex June 17, 1999 The purpose of this document is to expand on the previous report on MIS expenditures by discussing three topics relating to the information systems for the new complex: 1) Why the upgrade is needed, 2) How levels of service will be affected and, 3) Cost savings in the future. 1) Why the Upgrade? There are three basic reasons why the upgrade is needed: 1) The City has outgrown its existing computer network, 2) Y2K compliance and, 3) Fiber optic cabling. A) Outgrown existing computer networks Due to the growth of the City staff and the growing number of systems our networks must support, the network currently in use at the City is being pushed to its limit. Staff has implemented stopgap measures to keep the systems going until we can occupy the new facilities with improved systems. The old network no longer provides the necessary response times. As the system gets slower, the amount of time it takes for employees to do their work tasks increases (i.e. processing payments, permits, licenses, preparing correspondence, etc.) The new network that staff recommends provides the necessary capability. B) Y2K compliance Virtually unheard of just two years ago, Year 2000 compliance has taken center stage in the popular press. Unfortunately, the City's 911 and e-mail systems are not Y2K compliant and are likely to fail after December 31, 1999. According to the vendors, the new systems will be Y2K ready. C) Fiber Optic Cabling Over three months ago, Council approved the installation of fiber optic cabling in the new complex. This cabling is currently being installed. All of our existing equipment is designed to work with copper cabling which is incompatible with fiber optic cabling. Fiber optic switching equipment is needed in order to maintain our current systems and provide a foundation for the new and enhanced systems. 2) Increased Service Levels There are three main areas of improvement to the levels of service to the residents: 1) 911 CAD, 2) Records management and, 3) Foundation for new services. A) 911 Computer Aided Dispatch The proposed expenditures offer several benefits to City residents. Since the existing Computer Aided Dispatch system is not Y2K compliant, the City currently does not have the ability to offer existing 911 dispatch service to residents after December 31, 1999. With the upgrade of the Computer Aided Dispatch system and the computer network systems, 911 calls and requests for police will continue to be dispatched efficiently. Furthermore, the new CAD system and computer network systems will provide additional functionality. For example, mobile data terminals (MDT's) are an integrated feature of the new CAD system. B) Records Management/E -mail System The Records Management System and the computer network system provide the City with the ability to integrate all records into one system for State - required record keeping purposes and for more efficient retrieval of information by residents and staff. Y2K upgrades to the existing e-mail system are necessary to continue to provide an efficient method of conducting City business. C) Foundation for Electronic Access In addition to the 911 CAD and records management systems, the computer network systems can provide new services to the residents. To residents and businesses with their own computers and Internet access, the City can use the new networks as the foundation to offer new and improved communication mediums, as well as, convenience, flexibility, and time savings to those needing access to public information and services in the future. This promotes the image of the City as being committed to efficient public service by creatively leveraging technology. Some cities have reported an increase in revenues from permits and licenses when similar services were offered to their residents and those doing business in the City. It will also provide a foundation capable of delivering future e- commerce services whereby business transactions may be offered via the Internet. 3) Future Cost Savings There are many cost savings built into the recommended systems for the new complex. They fall into four categories: 1) The fiber optic cabling, 2) Scalability, 3) User productivity and, 4) Floor space recovery. A) Fiber Optic Cabling Due to the expected useful life of fiber optic cable, the City will never be faced with recabling the new complex over its expected useful life. On average, buildings are recabled every seven years. Today, the cost to recable the complex is estimated at $200,000. Using the fiber optic cabling will eliminate this cost. Additional savings are found in the elimination of damage to equipment via electrical surges when copper network cabling is used. B) Scalability The new network systems are very scalable. These new systems will provide the City the ability to grow without any additional major investments in the network switching and routing equipment for a number of years. C) User Productivity The City's network provides numerous applications that maintain or increase user productivity, like e-mail. The proposed expenditures include making our existing e- mail system Y2K ready. E -mail is an extremely efficient method of communication. While it is difficult to quantify the exact cost savings, compared to the alternative, e- mail saves both time and money. Assume that the City Manager needs to create a memo to all the department and division heads._ Without e -mail, the City Manager must create a hard copy document, make the necessary amount of paper copies, and distribute them in addressed interoffice envelopes. Using e-mail, the City Manager can create and send the document online. No paper copies are needed which saves paper and copier costs. Distribution is done electronically which is easier and faster. Each recipient is notified almost immediately that the memo has been delivered. Recently, the City Attorney was provided the capability to dial -in for her e-mail. According to the City Attorney, this has been a big time saver. Besides correspondence and reports, our current e-mail system is used to schedule meetings, send files, make announcements, and distribute directives and policy changes to virtually all departments. Assuming that 10 minutes are saved for every e -mail, and using the average cost per hour for a non - salaried employee of $18.90, using e-mail only three times per day by the 100 users in the City saves about $945 per day. This does not take into account improved efficiency resulting from faster communication. D) Floor Space Recovery After the records management system is in place, the City will be able to convert most of the floor space in the new complex currently allocated to records storage to useable floor space for other needs. Converting three of the file /storage rooms in City Hall would save $126,250 (1010 sq. ft. X $125 /sq. ft.) in future office construction costs. This system will also reduce future archive space needs. Currently, the City rents record storage space offsite. In addition, there are cost savings since less staff time is necessary to retrieve documents for daily operations and to respond to public records requests from citizens. Summary Staff recommends approval of the requested MIS expenditures for the new municipal complex. These expenditures are necessary to resolve Y2K compliance issues, provide a capable network on which to run the City's numerous systems and upgrade the 911 CAD and e-mail systems. These improvements are necessary to maintain existing levels of service and employee productivity. Although it is difficult to quantify cost savings, automation benefits the public by faster processing and retrieval of information in addition to saving time and increasing efficiency. Furthermore, automation reduces future demands for additional staffing and office space. It is anticipated that the needed equipment will be purchased through competitive bids and companion bids through the State of Florida's purchasing contract. MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director IK0 0 SUBJECT : Using Bond Funds for Computer Upgrades DATE June 14, 1999 The bond funds legally may be used for any improvements (including equipment acquisition) at the Municipal Complex site. Many communities have used bond proceeds to upgrade computer equipment or purchase new computer equipment in conjunction with constructing a new building due to the relatively high cost of new software and hardware. From a legal and practical aspect, the upgrade of computer equipment is appropriate to be funded from the bond proceeds. TO FROM SUBJECT DATE MEMORANDUM Bobbie Herakovich, City Manager Kent R. Olson, Finance Director ��O Wiring Closets for New Buildings June 14, 1999 At the June 3, 1999 Regular City Council meeting, it was suggested that the architects for the Municipal Complex project, Architects Design Group, should have made provisions for wiring closets in the new buildings to accommodate the distance over which copper cables would run throughout the building to network the City's computers. The staff will draft a letter(to be reviewed by the City Attorney) to the architects inquiring as to what assumptions for wiring the new building Architects Design Group made. The response to this inquiry will assist in determining responsibility on this issue. City of Palm Beach Gardens Management Information Systems Department Recommendations for Municipal Complex The purpose of this report is to provide a detailed response to a request from the City Manager regarding the proposed expenditures for MIS wiring and equipment. The original estimate for MIS wiring and equipment was $150,000. The detail for this amount is found in Exhibit #1. The current estimate for MIS wiring and equipment is approximately $1.1 million. The detail for this amount is found in Exhibit #2. The difference between the two MIS expenditure figures falls into three general categories; 1) New systems, 2) Network topology, and 3) Unavailability of information when the original cost estimate for MIS expenditures were made. 1) NEW SYSTEMS The first category is new systems. The City is purchasing three systems; two are upgrades to existing systems and one is an entirely new system. The three systems are the Police Department's Computer Aided Dispatch (CAD) system, the City Clerk's Records Management System, and the City's email system upgrade. A. The CAD upgrade is required due to the Year 2000 computer glitch commonly referred to as the Y2K bug. The current CAD system is running on an 11+ -year -old stand -alone McDonnell - Douglas (MD) mainframe system running Geac Public Safety, Inc. (GEAC) software. GEAC has recently informed the City that its software is not Y2K compliant. There is no Y2K compliant software available from GEAC for the MD system. Therefore, the City must replace the hardware and software in order to achieve Y2K readiness for this system. The current estimate is $175,000. An upgrade was being reviewed as a possible solution. This expenditure was not contemplated in the original $150,000 estimate. B. The City Clerk's office has requested a records management system to meet state requirements and to promote quick retrieval of documents for both staff and residents. The cost to purchase the necessary hardware, software, professional services, and one year annual maintenance has been estimated to be $155,100. This expenditure was not included in the original $150,000 estimate for the municipal complex. For a justification of this system, please see the attached memo from the City Clerk (Exhibit #3). C. The email system upgrade is required for Y2K readiness. The City's current email system is not Y2K ready. To be Y2K. ready, staff has recommended upgrading to Microsoft Exchange Server. The amount required for this upgrade is $25,500. This expenditure was not contemplated in the original 1996 estimate for the municipal complex. D. The total amount for these three systems is $355,600. Subtracting this from the current $1.1 million amount leaves approximately $709,000. 2) NETWORK TOPOLOGY -The second category is network topology. Network topology is the physical and logical arrangement of network nodes and connections between nodes on a network. This topic consists of four subtopics; traffic, logistics, levels of application performance, and pricelperformance analysis. A. Traffic Since an in -depth technical discussion is beyond the scope of this document, an analogy using roads and traffic flow will illustrate this topic. Imagine a small town with only a dozen residents. This simple town does not require more than two lane roads and in some cases one lane dirt roads. Traffic flows smoothly because there is very little traffic and very few places where the traffic can go. However, as the town grows, the traffic volume increases, as well as the number of possible destinations. Without improvements, the existing roads are no longer sufficient to keep traffic running smoothly. As traffic continues to grow, gridlock eventually cripples the system. To solve the problem, existing roads need to be widened, new roads need to be added, and ultimately expressways with higher speed limits will need to be constructed. In a network, roads are analogous to the data paths, cars are analogous to data travelling on the data paths, and speed limits are analogous to bandwidth. At the beginning of the fiscal year, the City's network systems were experiencing "gridlock" numerous times a day due to insufficient roadways. Staff installed a device that created more "roads" connected by a new "expressway" with a higher "speed limit". This device changed our network topology to what is referred to as a "switched environment ". The City has outgrown its old "roadway" system and requires a switched network environment. This is more expensive than non - switch environments but is absolutely essential. The original $150,000 proposal provides for a non - switched environment, which would have eventually proved to be non - functional. Also, as mentioned earlier, the City is adding two new systems (CAD and records management system) and upgrading our existing email system. These new systems will increase the "traffic" on the City's network systems. Staff has designed a network system that will be able to handle our traffic needs for the foreseeable future. B. Logistics Another facet of designing a network is logistics. Simply put, this means living within the constraints placed upon the system due to size and shape of the buildings, and the location of the facilities designated for wiring and devices. Also included are constraints resulting from physical laws. For example, Category 5 (CATS) copper wiring has a maximum run length of 100 meters before requiring a device that regenerates the signal. This is a result of attenuation, which occurs whenever electrical signals are carried over copper wire. The City Hall design places the MIS server room in a location that results in some of the run lengths of the wiring exceeding 100 meters. Therefore, our network must use fiber optic cabling in City Hall or we must add additional wiring closets and equipment to regenerate the signals. Staff previously recommended and Council approved the multi -mode fiber optic cable for the intra - building cabling which is currently being installed. Multi -mode fiber optic cabling has a maximum run length of 2,000 meters before requiring signal :. a regeneration. The network system that staff recommends has taken into consideration all of the logistical constraints. C. Levels of Application Performance Another consideration in designing a network is levels of performance. While there is some subjectivity in setting the standards, the point is that some applications require superior performance (response times < =1 second) while others can be up to 5 seconds. For example, there is consensus among staff that the Police Department's CAD system is a mission critical system. Among other things, this means CAD requires extremely fast response times on a consistent basis to provide timely response to residents in need of Police services. Since the CAD system will only be as good as its weakest link, the City needs to ensure that the network system does not create any bottlenecks. The network system that staff recommends will provide all of our applications the performance needed and will enhance operations well into the future. Price/Performance Analysis With technology constantly changing, there is no shortage of technology to choose from. A careful analysis is required to determine the optimal price/performance point given the above mentioned constraints. Staff believes the network it is recommending is a platform that is capable of handling our data networking needs for years to come while minimizing the total long term costs. D. UNAVAILABILITY OF INFORMATION Not knowing the final configuration of the municipal complex (size, layout of bldgs, etc.) the original estimate did not include items necessary to serve the complex. These items include the equipment that would interconnect three buildings. This equipment must now be provided. As mentioned earlier, the City now requires a "switched environment ". No switching equipment was contemplated in the original $150,000 estimated. The switching and routing equipment that staff recommends is approximately $359,000. The current cost estimate includes cabling and the number of ports that connect the PC's to the network. The $75,000 for cabling would not have been sufficient for the inter- and intra - building cabling. Based on the number of devices itemized on the original $150,000 estimate, there are not enough "ports" to connect all the systems that need to be connected. ALTERNATIVES The $1.1 million proposal is based on the constraints mentioned above. If some or all of the constraints are removed then some lower cost alternatives become available. If wiring closets are provided, then the option of copper cabling is possible. Using copper cables, will produce short term savings of approximately $99,000. The major savings result from reductions in two major areas: 1) in the number of blades (cards that go in the switching chassis) that are needed and, 2) the elimination of the need for fiber optic network interface card in each workstation. However, the $99,000 will need to be reduced by an as yet unknown figure. This reduction in cost savings will be composed of at least two figures, explained below. The first cost will be for construction change orders to create two wiring closets, one on each floor, each in the center of City Hall. These rooms will need to be of sufficient size to house the switching equipment, patch panels, UPS system, and cables. Both rooms need to provide controlled access, primary and backup electrical power, and primary and backup air conditioning for the equipment. The change order must also take cable management costs into account. The cost of this expenditure would have to be determined by the architect for the municipal complex in conjuction with our construction manager. It will also reduce available working space in the buildings. The other cost will be for changes to the cabling from our contracted vendor, Net Telecom. The fiber optic cabling is currently being installed at a cost of $143,951. The vendor has made substantial progress. Staff estimates the cabling changes to cost approximately $26,300 (360 new cable runs X $73.00 per run). JUSTIFICATION All cabling is not created equal. Fiber optic cabling offers many advantages over copper. The three most relevant advantages for the City are lack of electrical conductivity, life expectancy, and bandwidth. These _advantages translate into increased police response, resident/staff access to records and public documents, and minimizing future expenditures. Fiber optic cable's physical properties do not conduct electricity. This provides two benefits. First, fiber optic cable is immune to electromagnetic interference (EMI). EMI is generated from numerous sources including fluorescent lights, power cords, other copper based data cables, and lightning. Since fiber optic cabling does not conduct electricity, it is immune to this interference. Temporarily high levels of EMI cause temporary reductions in the speed of a network using copper cabling. Consistently high levels of EMI cause network "gridlock" in copper based networks. Furthermore, since fiber optic cabling doesn't conduct electricity, it eliminates the possibility of damage to equipment due to electrical surges through the data cabling. Second, the life expectancy for fiber cabling far surpasses copper cabling. On average, copper wiring is replaced every seven years. The life expectancy for fiber .optic cabling is a minimum of 50 years. It is very possible that the new municipal complex will never need to be rewired over its expected useful life. This is where the financial justification for fiber is found. Recabling the complex one time, more than recovers the incremental initial cost for fiber optic cabling. Let's assume the City can save the entire $99,000 by switching to copper cable. Net Telecom, our cabling vendor, estimates that installing fiber cabling after the buildings are completed would cost approximately $225,000. The current cabling cost is $143,951. The higher cost is due to increased labor costs. Currently, the wiring can be done while the ceilings and walls are open which saves numerous hours of labor. Labor accounts for over 50% of the total cost of cabling. Finally, fiber optic cable has a dramatically higher bandwidth capability. The current standard for copper wire allows speeds up to 100Mbps without too many problems. Fiber optic cabling has successfully run at speeds of 2Gbps (or 2,OOOMbps). What this means is that fiber optic cable will never be the cause of a bottleneck in our systems in our lifetimes. Based on these advantages, the incremental cost for fiber optic cabling is justified. SUMMARY The $1.1 million proposal includes new systems that were not contemplated in the 1996 bond issue or the original $150,000 estimate. The $150,000 estimate would have resulted in cost overruns due to insufficient funding of required items and the additional cost of purchasing required Y2K compliant equipment. Finally, the original $150,000 estimate would have resulted in inadequate and non - functional data network systems due to the size and distance necessary to connect the buildings. Staff is recommending the purchase of the equipment detailed in the $1.1 million proposal. The differences between the two estimates can be summarized into the following categories: Y2K Compliance $ 200,500 Records Management System $ 155,100 New Equipment $ 635,000 INCREASED SERVICES The proposed expenditures offer several benefits to City residents. With the upgrade of the Computer Aided Dispatch system, 911 calls and requests for police are dispatched efficiently. The Records Management System provides the City with the ability to integrate all records into one system for State required record keeping purposes and for more efficient retrieval of information by residents and staff. Y2K upgrades to the existing system email system are necessary to continue to provide an efficient method of conducting City business. To residents and businesses with their own computers and Internet access, the City can offer new and improved - communication mediums, as well as, convenience, flexibility, and time savings to those needing access to information and services. This generates goodwill between the government and its residents and businesses. This also promotes the image of the City as being committed to serving the public by creatively leveraging technology. Furthermore, other cities have reported an increase in revenues when similar services were offered to their residents and those doing business in the City. Finally, the network system that staff is recommending will provide a foundation capable of delivering future e- commerce services whereby business transactions may be offered via the Internet. Via= Wiring for New Building Three Servers Networking Hardware Networking Software UPS Network Printers Workstations Exhibit #1 Original $150,000 Estimate 150,000 Unit Total Number Cost Cost 75,000 3 8,00.0 24,000 3 2,500 7,500 3 2,500 7,500 3 1,000 3,000 3 6,000 18,000 10 1,500 15,000 150,000 Exhibit #2 Current $1.1 Million Proposal Make Model I Qty Unit Cost Total Cost LAN/WAN Cisco Cisco Cisco Catalyst 6500 6500 Power Supplies Supervisor Engine 5 10 6 6,796.60 2,716.60 6,796.60 $ $ $ 33,983.00 27,166.00 40,779.60 Cisco 24 -port cards 20� 10,196.60 $ 203,932 00 Cisco 8 port 1GB module 5 6,796.60' $ 33,983.00 _Cisco GBIC modules 12 340.00 $ 4,080 001 Cisco 24 -port switch 3 ' 1,696.60 $ 5,089.80 Cisco 3600 router 1 4,420.00 $ 4,420.00 Cisco 3640 IOS IP Software 1 476.00 $ 476.00 Cisco Flash RAM Upgrade 1 272.00 $ 272.00 Cisco DRAM upgrade 1 1,360.00 $ 1,360.00 Cisco Ethernet module 1 1,020.00 $ 1,020 00 Cisco T1 DSU /CSU interface 1� 680.00, $ 680.00 Cisco Training 1 1,995.00 $ 1,995.00 Total LAN/WAN $ 359,236.40 UPS Systems APC Symmetra 2 202000.00 $ 40,000.00 APC Symmetra 4 20,000.00 $ 80,000.00 APC Symmetra 1 15,000.00 $ 15,000.00 APC Office UPS 280 120 80.001 $ 9,600.00, 'Total UPS $ 144,600.00 VAU System Application Software 1 79.000.00. $ 79.000.00. E-mail Upgrade %-,vmpaq Server I 1, 15,000.00, $ 15,000.00, hucrosott Exchange Server SAV 1' 5,000.00 $ 5,000.00 -Microsoft Windows NT 1 3,500.00 $ 3,500.00 Ikon Prof Services 20 100.00 $ 2,000.00 Total E-mail Upgrade $ 25,500.00 Records Management System (RMS) Hardware Software Prof. Svcs. Annual Maint/Support Total RMS Network Interface Cards 3COM 3COM Total NIC's Dept. Servers Compaq Total Dept. Servers GRAND TOTAL 3C905B- FX(SC) 3C985B -SX Servers 1 1 1 1 130 10 76,000.00 $ 76,000.00 50,000.00 $ 50,000.00 16,100.00 $ 16,100.00 13,000.00 $ 13,000.00 $ 155,100.00 225.00 $ 29,250.00 700.001 $ 7,000.00 $ 36,250.00 12,500.001 $ 25,000.00 $ 25,000.00 $1,064,637.40 Exhibit #3 MEMORANDUM TO: Bobbie Herakovich, City Manager THRU: Richard Diamond, Assistant City Manager FROM: ALda Kosier, City Clerk SUBJECT: Enhancing Records Management System DATE: April 26,1999 The City Clerk's Office included $155,100 in the CIP for the 1999/2000 FY to supplement the system already in place to allow for the imaging of plans for the Building Division and Growth Management Department. At the 4/22/99 City Council meeting, Council requested information- on how the laser imaging system would serve the City, including the residents. First, by State Statute the city is required to follow guidelines for the retention and destruction of records. Laser imaging is relatively new in record keeping, however, is being used by more and more cities for efficiency in retrieval of records and retention value. In the past, the City, like most, has used microfilm for records retention, however, microfilm is cumbersome and inefficient when researching requests for public records. Laser imaging will also assist with the City complying with public records law, retention laws and destruction laws of the State of Florida for all municipalities. Our current laser imaging system was purchased several years ago, however, at that time it was not known that the system could not handle the imaging of plans. One of our goals was to have plans imaged in the Building Division before moving into the new municipal complex. Months were spent research options in software and hardware, and included visits to the town of Jupiter, which has invested over $500,000 in laser imaging equipment. The use of laser imaging will have far reaching effects and advantages for not only staff but residents of the City. Staff already produces maps on 11x14 for use by the City's Fire Department. Staff in Growth Management rely heavily on minutes, ordinances and resolutions that have been imaged to research the history of projects. Using the computer to type in a keyword produces all documents that have to do with a specific subject in a matter of seconds. This also assists in fast retrieval of documents to fill public records requests by residents. Instead of taking days to produce documents from past years, staff can query the database and produce the documents in a matter of minutes. Plans for the future include a kiosk in the lobby of the new municipal complex to allow residents to research documents of interest. Eventually, it is hoped that this data base will be online so that residents can access the information from their home computers_ Imaged plans will be used by not only the Growth Management Department, including the Building Division, but by the Fire and Police Departments. Those departments will have building plans at their fingertips for emergency purposes that will assist in better service to the residents. At a seminar in Tampa last year, staff saw computers in city vehicles that had access to their database. A public works truck was on a call for a problem with a city street and were able to access the map of the street and kept zooming in until they got the specific problem area, allowing them to see all information needed to efficiently make the necessary repair. The continued effort to laser all documents and plans in all departments will save an enormous amount of storage space used to keep these documents. The ability to access and print plans and maps for staff and residents will save sending same out for copying. These are just a few examples of the service laser imaging will have for residents, however, as the City records are imaged, there is no doubt that more efficient service will result. �3 Exhibit #3 MEMORANDUM TO: Bobbie Herakovich, City Manager THRU: Richard Diamond, Assistant City Manager FROM: Yginda Kosier, City Clerk SUBJECT: Enhancing Records Management System DATE: April 26,1999 The City Clerk's Office included $155,100 in the CIP for the 1999/2000 FY to supplement the system already in place to allow for the imaging of plans for the Building Division and Growth Management Department. At the 4/22/99 City Council meeting, Council requested information on how the laser imaging system would serve the City, including the residents. First, by State Statute the city is required to follow guidelines for the retention and destruction of records. Laser imaging is relatively new in record keeping, however, is being used by more and more cities for efficiency in retrieval of records and retention value. In the past, the City, like most, has used microfilm for records retention, however, microfilm is cumbersome and inefficient when researching requests for public records. Laser imaging will also assist with the City complying with public records law, retention laws and destruction laws of the State of Florida for all municipalities. Our current laser imaging system was purchased several years ago, however, at that time it was not known that the system could not handle the imaging of plans. One of our goals was to have plans imaged in the Building Division before moving into the new municipal complex. Months were spent research options in software and hardware, and included visits to the town of Jupiter, which has invested over $500,000 in laser imaging equipment. The use of laser imaging will have far reaching effects and advantages for not only staff but residents of the City. Staff already produces maps on 11x14 for use by the City's Fire Department. Staff in Growth Management rely heavily on minutes, ordinances and resolutions that have been imaged to research the history of projects. Using the computer to type in a keyword produces all documents that have to do with a specific subject in a matter of seconds. This also assists in fast retrieval of documents to fill public records requests by residents. Instead of taking days to produce documents from past years, staff can query the database and produce the documents in a matter of minutes. Plans for the future include a kiosk in the lobby of the new municipal complex to allow residents to research documents of interest. Eventually, it is hoped that this data base will be online so that residents can access the information from their home computers. Imaged plans will be used by not only the Growth Management Department, including the Building Division, but by the Fire and Police Departments. Those departments will have building plans at their fingertips for emergency purposes that will assist in better service to the residents. At a seminar in Tampa last year, staff saw computers in city vehicles that had access to their database. A public works truck was on a call for a problem with a city street and were able to access the map of the street and kept zooming in until they got the specific problem area, allowing them to see all information needed to efficiently make the necessary repair. The continued effort to laser all documents and plans in all departments will save an enormous amount of storage space used to keep these documents. The ability to access and print plans and maps for staff and residents will save sending same out for copying. These are just a few examples of the service laser imaging will have for residents, however, as the City records are imaged, there is no doubt that more efficient service will result. June 9, 1999 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Public Works Director <i<BF SUBJECT: Military Trail Landscaping Per your direction I have forwarded this follow up information regarding the attached memo dated May 3, 1999, subject as above. Supervisor Iles has worked the projected cost numbers for the three options outlined in the May 3, 1999 memo for irrigation installation on Military Trail from Northlake to PGA Blvd. As noted in the May 3, memo, the Public Works Department when practical and feasible, opts for the use of canal water when irrigating landscaping projects. Where this is not feasible, the next best option would be the use of well water. (Included for backup is the faxed price quote from Arrow Directional Boring, inc., received on 6/8/99, indicating the cost of $26.00 per foot.) Options # 1 and #3 require permit approval by the Florida Department of Transportation for substantial open cutting and directional boring under Military Trail, establishing wells, and or water consumption permits from the South Florida Water Management District for canal water usage. These other options are also initially much more expensive than utilizing Seacoast water. Supervisor Iles has broken down the projected water consumption cost using Seacoast water based on the irrigation plan provided by AT Designs for this project. His estimated monthly dollar expense for potable water usage is attached in the following pages. The estimated cost will average $611.72 per month, or $7,340.64 per year. The table presented for potable water usage in the following memo, represents the best prese- roption to complete this project within the Grant extension time (August 2000). This option would alleviate the need for DOT approval as no directional boring or open cutting is required. No permitting from South Fla. Water Management is required. The significant draw back is the $77,000.00 impact fee to Seacoast Utilities for the water usage. It is the Departments recommendation to abandon options #1 and #3 previously mentioned and proceed w:;h using potable water as provided by Seacoast Utilities. Shoulc you have any questions, please advise. cc: Richard Diamond, Assistant City Manager Mark Hendrickson, City Forester Jonathan Iles, Public Works Supervisor File (n O) 0) O N C O Z cr- Q O W UC)0)NNUf') UC) MrON N N 0) s r r UD UA -7 t- — O ° C V 0) — N CO O 1, Un - r' -O 0) O E L COrCI1u)LOUn N NT'- 69 69 69 69 69 69 69 69 to y cn >. 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En C i a)C C2 M N L >, L NCOCOOMNNONr(DO 0 — m @ O 0 O M`�! LnMC)0"Lo MO 3 c m N C y 0 �- r r O L7 3 -9 m m Q y -2 °O .0 r CO iii O OLLL L. C °— c 0)0) C p L 00 °) -0 0 0 0 a � = (II mN3 a)EEE 0 (D V )� L CT a) o N C J- U L L L °aaQ a) U, E_ MC ON M a) ° a N m CO Lo 0 U m 'a� °c°) o.Nce) cD v a)o0 Not;v M a)(� _ 0 N L U a) a)� m —L tn�M NMM m m to ZT N rNUn C > U) C �E m 4) d C � -v(DMM V v O O CMNNMMM U) 00 L696969 �L O N Ul �. Ll m a)� C C is co N _ m '7 y _— O O v) y N L L L O CD v� tf� cl O-, r o C7�MNNMMMNNNN m 0 E ] C CNL U a) a) (),0 F-- m m o ° L0 � c-E E E C m ° n) m q N_ _ 3 co cn m (n y'` N N N M m C O O N CTr-C� _ N O C —_�cM7 a) -0 . C E CL 0 F- i F- ' `� O O N a) U) U L �0 � 0 ZNvNNcocom cNrN �60gyNq m C o m O W a) `� :, J m L) L .O O(=- m Us L' C 6— Cn !Z� C v=i = y NcoIT UOCD1�Co000 Cn U CITY OF PALM BEACH GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 33410 -4698 PHONE (561) 775 -8274. FAX (561) 775 -6279 June 15, 1999 MEMORANDUM TO: Bobbie Herakovich, City Manager FROM: Bob Patty, Director of -Public Works SUBJECT: Military Trail Landscaping /Beautiful Palm Beaches Grant The following are the cost estimated for completion of the above named project, broken down by category. The Beautiful Palm Beaches Grant provides for a cost sharing formula with reimbursement to the City for expenses, not to exceed $42,828.50. The original cost estimate for the project, upon which the grant was approved, was $85,657.00 The money for completion of the project is recommended to come from the Gas Tax account #16 -3000- 539.6210. Upon completion of the project, the reimbursement funds from the Beautiful Palm Beaches Grant will be credited to this account. ESTIMATED COSTS: 1. Vegetation & Planting Materials: $27,067.25 2. Labor (Site prep and planting): $56,370.30 3. Irrigation System Materials & Installation) $29,080.00 4. Maintenance of Traffic signage' $30,000.00 5. Seacoast Impact Feet $77,000.00 $219,517.55 If the City proceeds with this grant, the City will have approximately $75,000.00 remaining in the Gas Tax Fund as of September 30, 2000, (the end of the next fiscal year), after reimbursement of the grant. Back up cost estimate figures are attached on the following pages as provided by Supervisor Iles. If should you have any questions, please advise. cc: Richard Diamond, Assistant City Manager Kent Olson, Finance Director File ' Maintenance of Traffic includes elements required by the Florida Department of Transportation for work conducted on a State Road, such as advance warning signs, arrow boards, flagmen. etc. estimated at $800.00 to $1,000.00 per day for a 30 day working period. z Seacoast Impact Fee is derived from values given by Planning & Zoning and represent a one time expense for potable water usage to irrigate the median islands. ,La - 4v% . - MILITARY TRAIL MEDIA14 LANDSCAPE COST ESTIMATE No �ES� /> ,�A�vQ. �S %. � 1• � � �lJ1 ^tT► " 0 2 p.%�p -t6 � � +rL Cc sT ('J�cr InLs�-u►uL� j 44tav ruu' £Trr- l$3-TE o� AJA-.S ra - Zr> CO N-,T acr- out jf%Ia• Ste, � 3� � is - ),70 z s �V-s- ,jr LUj> 011. o . , �os`r -� �- ► e e.� env ITEM r LABOR GRAND DESCRIPTION QTY COST TOTAL COST TOTAL TOTAL DWARF BOUGA WLLF -A 313 t�',SO /� 7 Zt. 0 7, �° 2 10• to ��3�• �� SPIDER LILY 510 s• ev � aZ, �fG • °o . ou 3 S7d• °v ����• oa K COCOPLUM < -320 `° Gao. 0° QO • n2; aG 3g51o•`�' DWARF CARISSA 255 �:� �. �° J�d t . 21a ,7, 76 I % {� 3. 33��. `'' 1p 4.7le eo,, DOWNEY JASMINE DAY LILY 1040 ,2.'2 �3VIO 3. . 76 a0 � _ LILY OF THE NILE 2SC. 00 �7�p• °v 8'• `/o ,� 39i/• cD 4//0 ob DWARF YAUPON HOLLY 492 �, °a oo. y 3,1 • 10 5.9v d b T A PARSOS JUNIPER N' 30 S. (D. 30 °D `, GREEN LIRIOPE 105 ,?• 10 ,210 ° ,�. 80 ,29�f• Gv � INDIANHAWTHORNE 320 (0,30 /(o °b •$� �,$�a7• 38• � H SAW PALMETTO 380 D0 �p �7p a° �v �7�• 6O (p� /6. °° DWF FAKAHATCHEE GRS 362 �. z l y(• Sp 3. I r j/ SLp • 30 �/ S•c� • 80 ' PURPLE QUEEN 385 . Gf �� r ,Z. 3v BgS: js.20• �{aoo 00 ' 0° $00 REMOVAL (BAHIA) SF CYPRESS MULCH CY 50-p mll-a ATiIpi S F . Zz � p 8• sw w' TOTAL 43 7- "f No �ES� /> ,�A�vQ. �S %. � 1• � � �lJ1 ^tT► " 0 2 p.%�p -t6 � � +rL Cc sT ('J�cr InLs�-u►uL� j 44tav ruu' £Trr- l$3-TE o� AJA-.S ra - Zr> CO N-,T acr- out jf%Ia• Ste, � 3� � is - ),70 z s �V-s- ,jr LUj> 011. o . , �os`r -� �- ► e e.� env i r U � i v O W O O d o�-S�� O Z rct June 8, 1999 MEMORANDUM TO: Bob Patty, Director of Public Works FROM: Jonathan Iles, Supervisor SUBJECT: Military Trail Landscaping Grant Per your request the following information is forwarded regarding installation costs for option 1 and option 3 outlined in the attached memo dated May 3, 1999, subject as above. Option 1: The installation of wells in each landscape island and operated by a 1 - 1 '/2 hp pump for each well. Islands are numbered sequentially beginning from Northlake Blvd. moving northward. Estimated costs just for electric installation, well establishment, pump, & controller are outlined for each island. These numbers do not include the installation of irrigation circuit pipe, heads or valves. Island Length of Directional Cost of Directional Hand Hole Well Pump Controller No. Bore Required Bore (a) 26.00/ft. Cost Cost Cost Cost TOTAI 1 80 ft. $2,080.00 $713.00 $900.00 $275.00 $85.00 $4,053.00 2 135 ft. $3,510.00 $713.00 $900.00 $275.00 $85.00 $5,483.00 3 100 ft. $2,600.00 $713.00 $900.00 $275.00 $85.00 $4,573.00 4 85 ft. $2,210.00 $713.00 $900.00 $275.00 $190.00 $4,288.00 5 1000 ft. $26,000.00 -0- -0- -0- -0- $26000.00 6 80 ft. $2,080.00 $713.00 $900.00 $275.00 $85.00 $4,053.00 7 400 ft. $10,400.00 -0- -0- -0- -0- $10,400.00 8 200 ft. $5,200.00 $1,494.00 $1,800.00 $550.00 $170.00 $9,214.00 9 80 ft. $2,080.00 -0- $900.00 $275.00 $85.00 $3,340.00- 10 80 ft. $2,080.00 -0- $900.00 $275.00 $85.00 $3,340.00 TOTAL $74,744.00 Florida Power &Light Service Points: Island #1 Hand hole to be estab!ished at 9148 N. Military Tr., Directional bore to run 80 ft. west from hand hole to center of Median Island. Island #2 Hand hole to be established at light pole 6- 7830 - 2845 -0 -8 on the west side of Military Trail. Directional bore to run 135 ft. southeast to the center of the center of the Median Island. Island #3 Hand hole to be established at 9346 N. Military Tr., Directional bore to run 100 ft. west from hand hole to Center of Median Island. t Island #4 Hand hole to be established at light pole 6- 7830 - 2874- 0 -0-on the west side of Military Trail. Directional bore to run 85 ft. east from the hand hole to the center of the Median Island. island #5 Has NO electrical service points available! Island #4 and Island #5 will be connected by underground directional bore, a total length of 1000 ft. No pump, controller, or well is required on this island, these items are shared from Island #4. Island #6 Hand hole to be established at light pole 6- 7531 - 3231 -0 -8 on the east side of Military Trail. Directional bore to run 80 ft. west from the hand hole to the center of the Median Island. Island #7 Has NO electrical service points available! Island #8 and Island #7 will be connected by underground directional bore, a total length of 400 ft. No pump, controller, or well is required on this island, these items are shared from the portion of Island #8 south of the Thompson River. Island #8 This Median Island has two parts, one south of the Thompson River and one north of the Thompson River. South of the Thompson River will have a hand hole established at the light pole 6- 7831 - 3153 -0 -7 on the east side of Military Tr. Directional bore will run 120 ft. west from the hand hole to the center of the Median Island. North of the Thompson River will have a hand hole established at light pole 6- 7831 - 3562 - 0 -0 on the east side of Military Tr. Directional Bore will run 85 ft. west from the hand hole to the center of the Median Island, north of the Thompson River. Island #9 This Median Island has an existing hand hole available at light pole 6- 7831 - 3376 -0 -5. Directional bore running 80 ft. west from the existing hand hole will be installed to the center of the Median Island. Island #10 This Median Island has an existing hand hole available at the power transformer 6- 7831 - 3991 -0 -4 located at the shuffle board courts. Directional bore running 80 ft. west from the existing hand hole will be installed to the center of the Median Island. Eauipment & Boring Information: Controller: Rainbird ESP — 6: $85.00; Rainbird ESP — 16LX: $190.00 Well: 2 inch gravel packed, 120 depth, screen well point Pump 1 '/z hp Goulds or equivalent. Directional Boring: Price provided by Arrow Directional Boring (954- 340 -2601) as of this date. This option and associated costs are only valid pending: 1.) The City obtaining easements outside of the sidewalk on both sides of Military Trail to locate the power meters to service each landscape island. 2.) The Fla. D.O.T. permits the directional boring for electric service and irrigation main installation. Option 3: Irrigation of the Median Islands using the canal systems of the Earmin & Thompson River's. The irrigation installation assumes one pump station to be installed on the . Earmin River/ Trinity Methodist Church's southern egress drive. The second pump will be installed on the northeast corner of the Thompson River/ Central Fire Station temporary headquarters egress. The major feature of this option is the installation of numerous feet of underground directional bores to service each Island. The size of the pumps has not been engineered, a 10 hp pump is used for estimate purposes only. (If an easement cannot be established at the Earmin River, the total estimate shown below will be nearly doubled.) These numbers do not include the installation of irrigation circuit pipe, heads or valves. - Earmin River Pump Station South connecting Landscape Islands #1, #2, #3, & #4, requires 2,570 ft. of directional boring at $26.00 per ft., for a total of $66,820.00. - Earmin River Pump Station North, connecting Landscape Island #5 requires 900 ft. of directional boring at $26.00 per ft. for a total of $23,000.00. - Thompson River Pump Station South connecting Landscape Islands #6, #7, & #8, requires 1,600 ft. of directional boring at $26.00 per ft. for a total of $41,000.00. - Thompson River Pump Station North, connecting Landscape Islands #9 & #10, requires 1400 ft. of directional boring at $26.00 per ft. for a total of $36,400.00. -Two 10 hp pumps will cost $1,200.00 each, for a total of $2,400.00 - Controllers and other mechanical required to build a pump station will total $3,000.00. Directional Boring: Price provided by Arrow Directional Boring (954- 340 -2601) as of this date. Option 3 will cost $172,620 to install the required irrigation main and pump station. These numbers are valid only if the Fla. D.O.T. permits the directional boring and two pump stations are secured at the locations previously described. cc: Mark Hendrickson, City Forester Robin Smith, Irrigation Technician CI-'Y OF PALM BEACH GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 334IC -4598 PHONE (561) 775 -6274 • FAX (561) 775 -8279 MEMORANDUM TO: Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works Kap DATE: May 3, 1999 SUBJECT: Military Trail Landscape Maintenance Approximately two years ago, the City received approval for $85,657.50 in grant money from Beautiful Palm Beaches, Inc. Grant to improve landscaping along Military Trail from Northlake Blvd. to P.G.A. Blvd. During this two -year period, a new irrigation system was designed and approved by the DOT. Prior to final installation of this system the owner of the irrigation system and - design was killed in an unfortunate accident that was work related. Due to the excessive use of water with a conventional.irrigaiion system. the Public Works Dept. decided to explore alternative water sources. The monies for this project have been encumbered for the past two years in account No.16 -245, but must be expended by no later than August, 2000. The Public Works Dept. has narrowed the irrigation solution to three options. None of these options include landscape material to complete the project. Option 1 -Well water (Estimated cost of $150,000) • Establish nine (9) easements for hand holes and electric meters Permit application to DOT for nine (9) directional bores under I'vElitary Trail for eleciricai service to meters for pumps • Permit application from DOT to open cut Military Trail in four locations to connect median islands for irrigation not serviced by electricity • Establish vendors for directional bore, open cuts, irrigation installation, well drilling and landscaping Option 2- Potable Water (Estimated cost $77,000. impact fee plus estimated $20,000. to $30,000. Per year for water consumption) Option 3- Pump from canals (Estimated cost $100,000.) • Permit application from DOT to establish a cut in the center of Military Trail from median to median to run a 6 to 8 inch main • Establish at least 2 -3 pump stations to move water from the Thompson River and the Earman River • Establish vendors for open cuts, irrigation installation, well drilling and landscaping At this time, the Public Works Department is recommendina Option 3. Although the initial cost is $23,000.00 more than Seacoast impact fees for the larger meters, the electric costs to run the canal irrigation pumps has a minimal monthly charge for future billing. Public Works has approximately 90',q . of all irrigation systems in ROW'S on canal water at the present time. The average cost per month for electricity is $34.00 per pump. I will make myself available to discuss these issues. BP /da Cc: Bobbie Herakovich, City Manager :on Iles. Supervisor MowingfLandscape file ARROW DIRECTIONAL BORING, INC. Estimate 11950 NW 39 STREET SUITE A DATE ESTIMATE NO. CORAL SPRINGS, FLORIDA 33065 P rt 9 'ti-" 3�- Z.(, c j , 6, 8/99 321 X: g";4-- r40-Z. (Do S NAME /ADDRESS CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Attn: Mr. John Iles ITEM DESt;RIPTION QTY!E T COST/FT TOTAL Military Traib' Beautification Project BORING HORJZONNTAL BORING - 6" Main - Certa -Lok 2,000 26.00 52,000.00 ESTIMATE INCLUDES: Pipe and Labor Only. ESTIMATE DOES NOT INCLUDE: Excavating, Restoration, Dew•atering,.MOT, Vacuum Locates, & Slurry Removal. Please note footages are approximate. Actual bore footages will be reflected on invoice_ TO ACCEPT, PLEASE SIGN AND FAX BACK TO:. (9540140 -2603 Attn. Jeff Blake Signature Name Printed TOTAL x52,000.00 ItUchard Diamond From: Roxanne Manning Sent: Tuesday, May 18, 1999 5:07 PM To: Bobbie Herakovich; Richard Diamond Subject: Audio Visual Needs Survey Bobbie, Growth Management staff has surveyed the development community and other "customers" to determine their preferences with regard to audio visual needs in the new Council Chambers. In summary, there was not much interest in the more sophisticated audio visual setups. The majority of the responses focused on equipment that is simple, easy to use, and reliable. Both staff and the customers want a good quality, well designed, basic automated setup with an emphsis on Powerpoint and a simple to use camera that can project images to the audience. We also recieved many comments about the design of the presentation area. The following items summarize the responses we recieved. There was significant interest in the following: 1) A setup for Powerpoint. Most of the presenters and staff plan to present all or some of their work on Powerpoint. This comment was almost unnanimous. We were told it is the "wave of the future ", no kidding.... 2) 4 or 5 good quality easels. 3) A permanent setup up for an over head projector with a roll down screen. 4) A camera which can focus /zoom -in on exhibits and project the image onto screens for the audience and council. 5) A fixed podium with a light and microphone, located close enough to the Council to establish eye contact. 6) A "hands free" microphone for presenters. 7) A desginated seating area for petitioners and staff. These customers were pleased to have input into the process. We surveyed the following individuals: Henry Skokowski Raymond Royce Don Herring Steve Mathison Ed Oliver Ken Blair Kerry Kilday Howard Ostrout Richard Sun Larry Smith Pat Cunningham (Team Plan) Bob Bentz If you have any further questions, please contact either Melissa Prindiville or me. Thanks, RMM CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JUNE 3, 1999 The June 3, 1999, 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, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. RE -ORDER AGENDA Vice Mayor Furtado made a motion to reorder the agenda, placing Resolution 47, 1999, after the Consent Agenda and ahead of Public Hearings. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. CITY MANAGER REPORT Construction Manager Report The Construction Manager submitted a status report on the construction of the new Municipal Complex. MIS Expenditure Report Finance Director Olson reported expenditures for the new Municipal Complex were approximately $800,000 under budget. The City Manager commented that the budget was on target to provide a lower tax rate than that currently proposed. The Management Information Supervisor reported expenditures which would be necessary for Y2K compliance, for a records management system, for new 911 equipment, and for wiring closets. Following discussion, additional information was requested regarding the computer equipment requested. City Manager Herakovich reported the City had been invited to participate in a series of meetings regarding the design of the U.S. One Corridor. The first meeting would be Saturday, June 5 at Jupiter Town Hall, with additional meetings June 6 -11, and public participation was encouraged. The. City Manager reported than the CITY COUNCIL REGULAR MEETING, 6/3/99 2 Education Advisory Board had voted to support the proposed recommendation of the Black Coalition of the City of Riviera Beach regarding neighborhood schools and had requested that the City Council consider a Resolution of support at the next Regular Meeting. PRESENTATIONS Northlake Boulevard Corridor Plan Pat Cunningham, representing Michael Radnor Associates, formerly Team Plan, Inc., reviewed their conceptual streetscape plan for Northlake Boulevard, and reported two meetings had been held at which property owners and tenants had expressed their concerns. The concept of a streetscape icon or quarter mile marker had been created to provide identification for Northlake Boulevard, provide unification, and eliminate numbering discrepancies. Private funding for the markers was suggested. Traffic Study Report by Pam Beach County Palm Beach County Commissioner Karen Marcus reported that the 2020 MVO model reflecting buildout of northern Palm Beach County based on current land uses had been run, as well as another based on reduced densities, and another with reduced densities and the addition of environmentally sensitive lands. George Webb reviewed traffic numbers for the different models, explained that these buildout models did not reflect conditions during the next three years, discussed Northlake Boulevard traffic, and stressed the need for continuing data from the City. Further steps to be taken by the City were discussed by Commissioner Marcus. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado reported Dr. Pat Bidol of FAU was available to perform an organizational audit to determine productivity at a cost of $1,000. It was the consensus of the City Council to invite Dr. Bidol to the next meeting. Vice Mayor Furtado expressed concern that Plant Drive Park facilities were being used for a baseball program where serious complaints had been lodged against a high school baseball coach. The City Manager was requested to see what the City could do about this issue. Councilman Jablin Councilman Jablin distributed a Gathering Storm H report, which he described as a followup report to the Gathering Storm study by the MacArthur Foundation, and explained that the City was supporting Riviera Beach in their determination to upgrade CITY COUNCIL REGULAR MEETING, 6/3/99 educational systems. 3 Councilman Clark Councilman Clark reported the Equestrian Task Force had been converted to a private non -profit corporation which would carry on the same work on a long -term basis. Mayor Russo Mayor Russo reported he had attended the Economic Advisory Group. CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The motion was seconded by Councilman Jablin. Mayor Russo requested that Resolution 65, 1999 be pulled from the Consent Agenda. Vice Mayor Furtado withdrew the motion; Councilman Jablin withdrew the second. Vice Mayor Furtado made a motion to approve items one and two of the Consent Agenda with item three pulled. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Awarding of Bid for Construction of the Pedestrian Bridge on MacArthur Boulevard. 2. Consideration of Approval of Minutes of 5/20/99 Regular Meeting Item 3, Resolution 65, 1999 - Consideration of Approval of an Agreement with Palm Beach Gardens Youth Athletic Association for Use of City Recreational Facilities - which had been pulled from the Consent Agenda was discussed. Mayor Russo requested further information regarding the number of volunteers and whether the current cost for non - resident participants was appropriate, and noted that fall baseball at Lake Catherine- had been incorrectly included in the agreement. New programs were discussed. Councilman Clark made a motion to approve Resolution 65, 1999 - Consideration of Approval of an Agreement with Palm Beach Gardens Youth Athletic Association for Use of City Recreational Facilities, as corrected. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS Resolution 47, 1999 Resolution 47, 1999 - Consideration of Approval of a Site Plan for the Construction of a 90,363 Square Foot Shopping Center to be Named NorthMil Plaza and Located on a 11.5 Acre Parcel at the CITY COUNCIL REGULAR MEETING, 6/3/99 4 Northeast corner of Military Trail and Northlake Boulevard was presented to be re- heard. City Attorney Post reported concurrency certification from Palm Beach County had been resolved to the satisfaction of the City Engineer. Following ensuing discussion the City Engineer reported that County Official George Webb had signed a statement that this project met Palm Beach County traffic performance ordinances. City Attorney Post reviewed proper procedures to be followed. During disclosure of ex -parte communication, Mayor Russo reported various conversations with Mr. Smith, Mr. Brock, and Mr. Preston regarding procedure and not as to the merits of the petition before the City Council at tonight's meeting. Vice Mayor Furtado reported conversations with Mr. Smith, Mr. Preston, and others and stated those conversations would not affect her decision regarding the petition to be heard tonight. Councilman Sabatello reported conversations with Mr. Andrew Brock and Mr. Smith which had not been in regard to specifics, and stated that those conversations would not affect his judgement on what would be heard tonight. Councilman Clark reported conversations with Mr. Smith, and with Andrew and Peter Brock, which he stated would not affect his decision tonight. Councilman Jablin reported ex -paste communications with Mr. Smith, Andrew and Peter Brock, and Mr. Preston, which he stated would not affect his decision. City Attorney Post swore -in all those wishing to speak regarding this petition. It was noted that Growth Management files regarding petitions SP -97 -1 and SP -99 -3 were incorporated into the record. Attorney Larry Smith, representative for the petitioner, agreed to incorporation of the Growth Management files as stated and submitted 127 exhibits into the record as evidence. Attorney Smith introduced others present on behalf of the petitioner, and provided an overview of the petition. Henry Skokowski reviewed the new site plan and the history of this project. The letter containing Palm Beach County Engineer George Webb's approval of traffic performance requirements was submitted into evidence as Exhibit 128. .Growth Management Director Roxanne Manning reported that this project exceeded City code requirements and contained 21 voluntary commitments, without which the project would still meet and in some cases would still exceed code requirements. Ms. Manning reviewed resolution of several issues, and stated staff recommended approval with 21 voluntary conditions. Jay Spencer responded to questions regarding ingress /egress and sidewalk configurations in regard to use by school children. Architect Ted Davis reviewed the architectural features of the building. Cathy Azzarello, Arbor Way, expressed CITY COUNCIL REGULAR MEETING, 6/3/99 5 several concerns and spoke against the project. Mayor Russo explained that economic need for commercial development was not a criteria considered during the decision - making process. Neil Hays, owner of property on Northlake Boulevard, expressed traffic concerns which would negatively impact his business because the eastern entrance had been designated ingress /egress rather than only one way. During ensuing discussion, Traffic Engineer Joe Pollock clarified that the eastern ingress /egress was for use by service vehicles rather than automobile traffic into the center, and City Engineer Lindahl explained the driveway had been widened to accommodate large service vehicles. Resident Pat Hughey, Reed Drive, expressed traffic safety concerns regarding the proposed stacking lane at Arbor Way. The City Engineer explained that a permit issued by FDOT would be reopened to address safety concerns regarding the median cut and walkway configuration. Councilman Jablin requested both the median cut and crosswalk be addressed in Condition 9, with which the petitioner agreed. Betty Petruzzi, Bamboo Drive, expressed traffic safety concerns, particularly regarding trucks and school children. Condition 9 was discussed. Attorney Post read revised Condition 9 into the record as follows: The City and the Applicant shall work together to determine an appropriate location for the crosswalk located at the Military Trail ingress /egress and together shall seek approval of the preferred sidewalk location and compatible design for the median cut from FDOT. Condition 19 was changed to reflect that the applicant would be responsible to pay for ongoing expenses of a school crossing guard at the Military Trail entrance by changing the beginning language to: The City shall provide at the applicant's expense. Councilman Clark made a motion to approve Resolution 47, 1999 with the amendments to Conditions 9 and 19 as read into the record. Councilman Jablin seconded the motion. Vice Mayor Furtado stated her vote would reflect that she believed not all of the safety issues had been taken into consideration. Mayor Russo thanked the applicant and staff for their hard work and commented that the neighbors would be getting a quality project and probably the best commercial center they could get at that location; however, he could not vote in favor of the project. Motion carried by 3 -2 vote with Mayor Russo and Vice Mayor Furtado opposing. PUBLIC HEARINGS Ordinance 19, 1999 Mayor Russo declared the public hearing open, duly advertised CITY COUNCIL REGULAR MEETING, 6/3/99 6 5/19/99, for consideration of Second Reading and Adoption of Ordinance 19, 1999 - Providing for Approval of Rezoning in the City Certain Areas of Land; and Providing a Legal Description of the Properties Proposed to be Rezoned; Amending the Official Zoning Map; and by Providing for Repeal of Conflicting Ordinances or Parts of Ordinances in Conflict. Hearing no comments from the public, Mayor Russo declared the Public Hearing Closed. Councilman Clark moved that Ordinance 19, 1999 be placed on Second Reading by title only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 19, 1999 on Second Reading by title only. Ordinance 24, 1999 Representative for the petitioner requested a change to Condition of Approval number 6 to reflect that before the play field could be used it must be fenced. Staff agreed to the revised condition. . Mayor Russo declared the public hearing open, duly advertised 5/19/99, for consideration of Second Reading and Adoption of Ordinance 24, 1999 - Providing for Approval of the Application of St. Mark's Episcopal School for Rezoning of 6.1 -acres of Land Located on the North Side of Burns Road, East of Alternate A I A and West of Gardens East Drive, to a Planned Unit Development - Residential, in Order to Construct Private School Playing Fields, Courts and an Associated Structure; Providing for Conditions of Approval. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Amendment 1 to Ordinance 24, 1999 with a change in paragraph B which currently reads prior to August 1, 1999 to be prior to use for recreational purposes. Motion was seconded by Vice Mayor Furtado and unanimously carried by 5 -0 vote. Councilman Clark moved that Ordinance 24, 1999 be placed on Second Reading by title only and approved as amended. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 24, 1999 on Second Reading by title only. RESOLUTIONS CITY COUNCIL REGULAR MEETING, 6/3/99 7 Resolution 51, 1999 Councilman Clark made a motion to approve Resolution 51, 1999 - Consideration of Approval of Soveral Harbor Concurrent Processing. Councilman Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 61, 1999 Councilman Jablin made a motion to approve Resolution 61, 1999 - Consideration of Approval of a Sign Variance for 3902 Burns Road. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. Resolution 66, 1999 Consideration of Approval of Roly's Outdoor Seating at Oakbrook Square Shopping Center - Resolution 66, 1999, was postponed to the 6/17/99 Consent Agenda requested modification of conditions had met staff approval. Resolution 67, 1999 Howard Ostrout, agent for the petitioner, stated the petitioner agreed with all staff conditions of approval. Councilman Clark made a motion to approve Resolution 67, 1999 - Consideration of Approval of an Amendment to the Approved Site Plan for the Development known as "Sunny Plaza ". Vice Mayor Furtado seconded the motion. Motion carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 23, 1999 City Manager Herakovich reported the petitioner had requested postponement of Ordinance 23, 1999. ITEMS FOR COUNCIL ACTION: Budget Workshop Date The date for the budget workshop was set for Monday, June 28, 1999 at 7 p.m. ITEMS FOR DISCUSSION Staff Initiated Comp Plan Amendments Principal Planner Kim Glas discussed a proposed amendment regarding assisted living facilities and nursing homes and requested comments prior to transmittal. Staff recommended continuing to allow assisted living facilities in all residential categories but to promote and encourage them in higher density and mixed use categories by providing a greater density bonus, still requiring 40% open space. Direction to staff was to avoid big box development, review impact fees, consider compatibility of the neighborhood, and require smaller buildings within RM and RH zoning categories. CITY COUNCIL REGULAR MEETING, 6/3/99 g Annexation Councilman Jablin proposed pursuit of annexation of an enclave at the corners of Northlake and Military Trail. Consensus was to have the City Attorney aggressively pursue annexation of the two corners as one parcel. Cable Company Franchise Councilman Sabatello requested clarification as to where the City stood regarding Adelphia's franchise. City Manager Herakovich stated an updated report would be provided regarding outstanding issues and what was in negotiation. CITY ATTORNEY REPORT Paid Travel Expense City Attorney Post reported it was permissible for City officials to travel with expenses paid by a party considering moving their business to the City so long as the travel was for a valid purpose and there was no understanding of travel paid in exchange for votes. Vavrus Update City Attorney Post reported the City had been successful in the first round of motions regarding the Vavrus lawsuit, except that Mr. Vavrus had not been found to be in contempt; however, she had heard that Mr. Vavrus had filed an appeal to the decision of the Code Enforcement Board. CITY COUNCIL REGULAR MEETING, 6/3/99 9 ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Furtado, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 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 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 7, 1999 Purchase of Radio Headsets for Fire - Rescue Vehicles. Subject/Agenda Item Approve Purchase Recommendation /Motion: Reviewed by: Originating Dept: Costs: $29, 400 :00 ' Council Action: City Attorney Fire - Rescue Total [ ]Approved Finance K $ 29,400-00 [ ] Approved WicuWkfi ,s . ACM Current FY [ ]Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: NIA [X] Operating Pa p er. [X ] Not Required [ ] Other See attached Bid. Submitted b • �ief Peter Berge Department Director Affected parties [ ] Notified Budget Acct #:: 01- 1230 - 522.6420 01- 1230 - 522.6450 [ )None Approved by: City Manager [ ] Not required 01 -1240 - 526.6420 BACKGROUND: See attached memo. OFFICE OF THE FIRE CHIEF INTER OFFICE MEMO DATE: June 7, 1999 TO: Bobbie Herakovich, City Manager FROM: Peter T. Bergel, Fire Chie� RE: Awarding Bid for Radio Headsets We respectfully request the Fire Department to be placed on the June 176, Council Agenda for the purpose of awarding the bid for purchasing Radio Headsets for Fire Rescue vehicles.. Account 01- 1230 - 522.6450 and 01 -1240- 526.6420 has $13,400.00 approved for the purchase of this equipment. Account #01- 1230 - 522.6420 has $16,000.00 for the purchase of additional air pack regulators. This budget item was being considered prior to receiving information that we should not provide all personnel with individual regulators because of safety reasons. Therefore, we are requesting to redirect this line item funding towards the Radio Headset Purchase. All engines, ladder truck, rescues and brush trucks vehicles will be equipped with Headsets for each position where an individual may be riding on the vehicle. The addition of these Headsets will greatly enhance and improve radio communications in the vehicles due to current noise levels created by engine and /or siren noise. We are proposing to purchase off the Martin County Bid (enclosed) for Radio Headsets from Fire Com Communications. Martin County Fire Rescue has utilized this type of equipment for over three years and has recommended the same. If you need any further documentation supporting our decision to purchase this equipment please do not hesitate to contact me at any time. I thank you in advance for your anticipated cooperation in this matter. cc: file OFFICE OF THE FIRE CHIEF INTER OFFICE MEMO DATE: June 15, 1999 TO: Bobbie Herakovich, City Manager FROM: Jerry Cato" , e Deputy Chief, for Peter T. Bergel, Fire Chief RE: Purchase of Radio Headsets List of Headsets Systems to be purchased: 5 Systems @ $ 1,981.00 = $ 9,905.00 7 Systems @ $ 2,173.00 = $ 15,211.00 3 Systems @ $ 1,230.00 = $ 3,690.00 Repair Commponents = $ 594.00 $ 29,400.00 MARSHAL L_ MnLCOX Commissioner, OIStrict 1 DENNIS H. ARMSTRONG Gorrmieaioner. District 2 JANET K. GernG Commissioner, 01st0c :3 ELMIRA R. GAINEY O mmlSsioner, District a DONNA SUTTER MIELZER Commissioner, District 5 RUSS SIACKSURN County Administrator GARY OLMEHol•F County Attorney TELEPHONE 581.28&5400 WEB ADDRESS rttp :t'wvwv.maAin. tl.us MAR "FIN 1N C O L.J NTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD , STUART, FLORIDA 34996 May 26, 1999 Mr. Bruce Scott Ten -8 Fire Equipment, Inc. 2904 59th Avenue Dr., E. Bradenton, FL 34203 File: asp991.576 RE: BID #AIR 97 -081; Annual Requirement Agreement for Electronic Equipment and Parts Dear Mr. Scott, - The referenced contract for Electronic Equipment and Parts expired on April 17, 1999. The contract contains provisions for renewal options it both parties are in agreement and there are no changes to the terms and con- ditions. Price escalations may be approved with written justification and if a market survey indicates an increase in the industry. Martin County would like to renew this contract for the next twelve month period beginning April 17, 1999 through April 17, 2000. If Ten -8 Fire Equipment, Inc. is in agreement, please sign the attached renewal form and return to the Purchasing Division by June 5, 1999. (Please include all documentation and justifications if you are requesting price escalations.) If you do not wish to renew this contract, please indicate in the space pro- vided and return to the Purchasing Division no later than June 5, 1999 so that we may begin the bid process in time to have the contract in place as soon as possible thereafter. Your cooperation is sincerely appreciated. Please do not hasitate to con- tact me a (561)288 -5509. Sincerely, Ata� Y L. Iverson Purchasing Administrator F-01 TO ' d 86SE 9S2, T t76 iN3Wd I nM 3d I 3 e -N31 22:12-T 666 T- LO -Nnr ZH ' d 1H1L l CONTRACT RENEWAL ANNUAL REQUIREMENT AGREEMENT FOR ELECTRONIC EQUIPMENT AND PARTS BID #A/R 97-081 Ten -8 Fire Equipment, Inc. apes intend to renew the contract for Electronic Equipment and Darts (BID #AIR 97 -081) for an additional twelve month period beginning April 17, 1899 with the same terms and conditions. Authorized Signature y Date Ten -8 Fire Equipment, Inc. does vat intend to renew the current contract for Electronic Equipment and Parts for the following reasons: Authorized Signature Date EtOIEO'd 86SZ 9SL Tb6 lN3WJII03 3c1I3 S-N31 2£.:2T n-66T- L6-Nnf NR•Y -26- 1995 RANOALL K READ A=40 COUN W ADM MSTAAT R 15:1 TEN-B FIRE EQUIPMENT 941 756 2598 P.02i07 BOARD OF COUN]rY COMMISSIONERS 2,401 S.E. Monterey Road + Stuart, FrorOa 34996 COUN"T"Y OF MARTIN April 21, 1997 File: asd97LB19 Mr. Ed Voss Ten -8 Fire Em prnpnt, Inc. 2904 69th Avenue Dr., E- Bradenton, FL 34203 PHO14E (531) 286-WO STATL OF FLORIDA NOTICE OF AWARD PROJECT DESCRIPTION: Ann-tial Requirement for Electronic Equipment and Parts Bid #A/R 97-081 You are hereby notified thrit the BID submitted on April 8,1997, was approved by Acting County Administrator, Randall H. Reid, on April- 17,1997. Your contract will consist of the signed bid package along with the doe n±enttation included in your bid submittal. You are required to return an acknowledged copy of this Notice of Award to Martin County within ten (10) days of April 22, 1997. Thank you for your participation in our bidding process. We look forward to doing business with you. By. B41sy L. Iverson, Purchasiu; Administrator ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby ar�knowledged $y: Bruce Scott This the Wday —A_n i Sign _. ,1997 1 1 Title. Sales Manager MRY -26 -1999 15:11 TEN -8 FIRE EQUIPMENT 941 756 2598 P.03/ ©7 in accordance with the terms, conditions and specifications, the undersigned bidder hereby of- fers the following percentages off list price for the items fisted in Bid #A/R97 -076 SCHMQULE OF PRICES, ITEM # nrEm OEScRIPTIOP1 �o OFF' LIST PRICE 1. Federal Siren Horns 41 2. Federal Light Bar 41 % 3. Federal Light Bar Repair Parts 41 % 4. Federal Siren - PA300 41 5. Whelen Lights 33 % g. Whelan Strobe Lights J 33 7. Whelen Strobe Packs 3 s % 8, Fire Corn Head Sets 18 9. Fire Corn Head Set Parts & Accessories 18 % Discount offered for prompt payment N e t %_3 0 days. If you are not successful as the low bidder for primary supplier, would you consider serving as the secondary (backup) supplier with the same terms and conditions as your bid? _Ten -8 Fire Eauivment,.Inc- Firm Name 2904 59th Ave. Dr. E- Bradenton, F1. 34203 1 AddreSS $00228 -8368 941- 756 -2598 Teiephone natur 11- YES x NO MAY -26 -1995 15:12 TEN -8 FIRE EQUIPMENT 941 756 2598 P.04i07 ' SOLICITATION FOR FORMAL SEALED .BID MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS DATE: MARCH 20, f 997 SUBMIT BID TO: DEPARTMENT: PUBLIC SAFETY : PURCHASING DIVISION S.E. MONTEREY ROAD STUART, FLORIDA 34996 BID NUMBER: AIR 97�p8'� INSTRUCTIONS Each bidder shall furnish the information required on the bid form each accompanying sheet thereof on which he makes an entry. Bides. submitted on any other format shag be dis- qualified Bids must be received in -the Purchasinq DlYkAon, 2401 S.E. MOrt#erev RBI.. mart, FL 34926 no later than 2:QQPM ADNi 8th, 1297. Bids received after this time & date will not be considered. Bids will be publicly opened and read aloud at the appointed time. All bids shall be considered FOB Destination. Bids rna*y not be withdrawn for a period of 60 days from bid opening. . - INVITATION TO BID One Time Purchase Small Construction ELECTRONIC E0,UIPMENT &.PARTS X Annual Requirement Agreement Vehicle/Equipment (Rolling Stock) BID SIGNATURE SECTION THIS FORM MUST BE RETURNED WITH THE BID. FAILURE TO SIGN 810 WILL RESULT (N DISQUALIFICATION OF SUBMITTAL Ten -8 Fire Equipment, Inc. Firm Name Ed Voss AUthonzed ftnatzi Ed Voss, Sales Representative Name/Tile (Please Print) 2904 `'59th Ave. Dr. E. Street Address 800 - 228 -8368 Telephone # (Include Area Code) 941 - 756 -2598 Facsimile # Bradenton, F1 34203 City State zp Questions regarding this bid should be addressed to the Purchasing Division: (561 )288 -5509 NRY -26 -1999 15 :12 TEN-8 FIRE EQUIPMENT FIREOCOM TM COMMUNICATION SAFM SPECIALISTS Salo SERIES 941 756 2596 P.05/07 DEALER PRICE LIST h.nlan TOTAL.... ........... ................................................................ ..................... .1,.......... $2,021.00 Options That Can Be Added ro Your System: 3015 Intercom w/ Super Digital Message Recorder (pMR) with Auto Record .... $1,040.00 Pump Panel Water Resistant Headset Plug -in Module with Cable .......................... $95.00 Dual Radio Capability .................... ............................... ... $210.00 ......... ............................... Handheld Radio Interface ........................................ ............................... $160.00 tv $389.00 3010 SERIES INTERCOMS MS Item & List ? Dealer Part Number 1 Description Price i price 3010 Intercom Up to six position compatible (plus exterior positions), 12 volt $725.00 $507.50 ` 106 -0310 -10 nominal power supply, touch screen adjustable volume, advance noise reducing circuitry, rugged steel casing. 2 Year Warranty � ::...III ■ i� 30151ntercom l All features of 3010 Intercom plus Super Digital Message 1$1,040.00 $728.00 106 - 0316 -10 Recorder (DMR) provides 25 seconds of automatic message recording. Records all inbound radio traffic. One message can be saved and replayed. 2 Year Warranty 3020 Intercom 106 -0320 -10 3025 Intercom 106 -0325 -10 All features of 3010 tntercom plus Dual Radio Monitor with transmit selector switch. 2 Year Warranty All features of 3010 Intercom plus Super Digital Message Recorder (OMR), Dual Radio Monitoring, and primary radio transmit selection. 2 Year Warranty $935.00 I $654.60 .250.00 $875.00 EFFECTIVE DECEMBER 1, 1997 800 - 527 -0555 Typical 3010 Four - Person System Price 1 3010 Intercom Unit .......................................... ........................... . . .• ........................ $725.00 w d. ° 2 1' 2 4 UH- 10 Under Helmet Radio Transmit Headset 0 $ 259.00 ea. .___.._.._ . .................... UH -20 Under Helmet Intercom Only Headset 0 $259.00 ea. HM -10 Headset Plug-in Module with Cable ® $65.00 ea. ................... $5i 8.40 $518.00 $2$0.40 h.nlan TOTAL.... ........... ................................................................ ..................... .1,.......... $2,021.00 Options That Can Be Added ro Your System: 3015 Intercom w/ Super Digital Message Recorder (pMR) with Auto Record .... $1,040.00 Pump Panel Water Resistant Headset Plug -in Module with Cable .......................... $95.00 Dual Radio Capability .................... ............................... ... $210.00 ......... ............................... Handheld Radio Interface ........................................ ............................... $160.00 tv $389.00 3010 SERIES INTERCOMS MS Item & List ? Dealer Part Number 1 Description Price i price 3010 Intercom Up to six position compatible (plus exterior positions), 12 volt $725.00 $507.50 ` 106 -0310 -10 nominal power supply, touch screen adjustable volume, advance noise reducing circuitry, rugged steel casing. 2 Year Warranty � ::...III ■ i� 30151ntercom l All features of 3010 Intercom plus Super Digital Message 1$1,040.00 $728.00 106 - 0316 -10 Recorder (DMR) provides 25 seconds of automatic message recording. Records all inbound radio traffic. One message can be saved and replayed. 2 Year Warranty 3020 Intercom 106 -0320 -10 3025 Intercom 106 -0325 -10 All features of 3010 tntercom plus Dual Radio Monitor with transmit selector switch. 2 Year Warranty All features of 3010 Intercom plus Super Digital Message Recorder (OMR), Dual Radio Monitoring, and primary radio transmit selection. 2 Year Warranty $935.00 I $654.60 .250.00 $875.00 EFFECTIVE DECEMBER 1, 1997 800 - 527 -0555 NRY -26 -1999 15:13 TEN -8 FIRE EQUIPMENT 3014 SERIES HEADSETS ftem & Part Number I Doscription 941 756 2598 P.05!© t-ist Dealer Price Price UH -10 Single -plug under heirnet radio transmit headset. (Red PTT $259.00 $18t -3D 105- 0092 -00 located on dome -) Adjustable volume, Noise - cancelling eiectrst item & List microphone, adjustable headstrap, ilex -style boom rotates for left Part Number Description or right dress, comfortable liquid foam ear seats. 24 dB NRR. Price HE -150 { 15' Coiled Headset Extension cable for use with any single -plug 1 Year Warranty $56.00 l UH -20 All features of UH -10, but intercom only: — No radio transmit $259.00 1$101.30 105 -0093.00 capability. (black PTT) 1 Year Warranty I Headset plug -in module for remote mounting on apparatus. plug_ Comes with 30' of bulk cable, connectors and UH -10S Under helmet headset with one empty, slotted dome. Radio ; $259.00 $181.30 105 - 0096 -00 transmit capable. Noise- cancelling electret microphone, flex -style I boom rotates for right or left dress. (Red PTT) 1 Year Warranty UH-40 All features of UH -10, but for intercom only communication with an $255.00 $1841.30 105- 0093 -10 alternating push -on, push -off PTT. (Yellow PTT) 1 Year warranty FH -10 Over th6 head style radio transmit headset. Noise - cancelling $259.00 $181.30 105- b090.00 electret microphone, flex -style boom rotates for right or Taft dress, adjustable volume control, liquid foam ear seals. 24 dB (Red PTT) i Year Warranty FH -20 All features of FH -10, but intercom only: $259.00 p 109 - 0091 -00 1 — No radio transmit capability. (Black PTT) 1 Year Warranty 1$161-30 FH-40 All features of FH -10, but for intercom only communication with $258.00 105- 0091 -10 an alternating push -on, push -off PTT. (Yellow PTT) I 1$181.50 1 Year Warranty FH -10S Single ear radio transmit headset. Flex -style boom rotates for I $259.00 I $181.50 105- 0094 -00 right or 10' It dregs, adjustable volume on single dome, noise - cancelling electret microphone, single plug. (fled PTT) i Year Warranty All Firecom headsets are available with a direct wire to your handheld radio. Please refer to the handheld radio list for part numbers and prices. 3010 SERIES MODULES & CABLES item & List Dealer Part Number Description Price Price HE -150 { 15' Coiled Headset Extension cable for use with any single -plug $80.00 $56.00 I 108 - 0675 00 headset. HM -10 107.0407.04 Headset plug -in module for remote mounting on apparatus. plug_ Comes with 30' of bulk cable, connectors and $65.001 $45-50 I iSingle I grommet, or specified cable length. I MAY -26 -1999 15:13 TEN -8 FIRE EQUIPMENT 941 756 2598 P.07i07 3010 SERIES MODUIYS & CABLES Continued Item Part Number Description List Price Dealer Price bulk Cable 422- 0412 -00 30' of cable per headset module (No charge with module) $00.201ft $00,14 /ft Grommet 566 -0407 -00 HM -10 Grommet (No charge with module) $00.25 $00.18 Connector 351- 0002 -00 RJ -11 Connector 6P /6C (No charge with module) $00.20 $00.14 Assembled Cable CALL Pre - assembled cable and RJ-11 connectors (No charge with module) $12.00 $6.40 .� Item & Part Number ( Description List Price Dealer Price PP -20 107-0413.00 Water resistant plug -in modu'e for use with single plug headset. Frequently used at the pump panel. Snap tight lid protects a ains# moisture, comes with standard 30' cable. (Request specific cable length if needed.) $85.00 $66.50 3010 SERIES MOBILE RADIO INTERFACES Part Number Description I List Deader Item Part Number Description Price Price MR -1X 110- 5106 -30 Motorola Syntor X -9000 Mobile Radio interface $180 -00 i $126.00 MR -2X 110- 5107 -30 Motorola Maxtrac Mobile Rapia Interface $180.00 $126.00 For a complete fist of Mobile Radio Interfaces, see the Firecom Mobile Radio Interface Liat. 3010 SERIES HANDHELD RADIO INTERFACES $165.00 Item Part Number Description List Price Dealer Price HH -1X 110.3100 -10 Handheld interface for MT -1000 , $286.00 , :5200,20 HH -7X 110 - 3101 -10 Handheld interface for GP -300 $165.00 5115.50 HH -13X 110 - 3103 -10 Handheld interface for GE -1 CS $220.00 $154.00 HH -18X 110- 3104 -10 Handheld interface for 8endix icing $200.00 $140 -00 HH -22X 1 110- 3105-10 Handheld interface for MT- 2000/HT -1000 $246.00 $172.20 For a complete list of Handheld Radio Interfaces, see the Firecom Handheld Radio Interface List. TOTAL P -07 r '�"q= po"Jil CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 6/17/99 Date Prepared: 3/3/99 Subject/Agenda Item: Motorola Centralink 911 Telephone System Upgrade Recommendation/Motion: Staff recommends approval of Centralink 911 Telephone System Upgrade Reviewed by: Originating Dept: Police Costs: $ 27,680 Council Action: Total City Attorney [ ] Approved Finance 1\ I.0 $ 27,680 [ ] Approved w/ conditions �(�,.� Current FY ACM QJ [ ] Denied Human Res. Advertised: Funding Source: [ ] Continued to: Attachments: 1 Other Date: [ ] Operating [ ] Other Palm Beach County budget [ x ] Not Required for 911 for PBG Submitted b • Department Direettgo, k Affected parties [ ] Notified Budget Acct #: 01- 1010 - 521.6430 [ x ] None Approved by: City Manager [ ] Not required BACKGROUND: The Centralink 911 Telephone System Upgrade is required for the City to be Y2K compliant. Palm Beach County has provided for full reimbursement in their budget for the upgrade of this system. The manufacturer, Motorola, has an upgrade for our system so that it is year 2000 ready, and also includes additional features. This package includes: Wireless 10/20 Digit, to identify wireless callers Caller ID on administrative lines in the dispatch center Industry Standard Operating System, Unixware 7 Unix platform Upgrade of our computer, including a faster processor and more memory The system will be fully installed, implemented and tested by Motorola. Motorola Centralink 911 Telephone System is a proprietary hardware and software system and the upgrade is a sole source purchase from Motorola. RECOMNtENDATION: Staff recommends the City accept the Motorola upgrade for Centralink 911 Telephone System in the amount of $27,680. Proposal MOTOROLA, INC. TO: Palm Beach Gardens 10500 N. Military Tr. Palm Beach Gardens, Florida 33401 ATTN: Ernie Carr 561 - 775 -8232 561- 775 -8287 Fax IQuantit Model Number Description or I Specification 1 CENTRALINK 911 System 1 to System 3 Upgrade ANI upgrade New ALI computer package with UNIX operating system System 3 manuals Critical spares package Caller ID daughterboard (9 lines) System implementation Terms: Net 10 days „ Shipment FOB Destination Delivery TBD Date January 10, 1998 Mike Bunting - Sales 954 - 439 -9353 Kenny Leverett - 911 Specialist 770 - 917 -1484 Unit Price $27,680.00 Extended I Price $27,680.00 —�C Department d Public Sdety do % Mid= d EmeWney Management May 15, 1998 `� Uttfee Z �� 3323 Belvedere Rd. Building 503 James O. Fitzgerald Wei Palm Beach FL 33406 Chief of Police Palm Beach Gardens Police Department (561)233-4M 10500 N. Military Tr. FAX (561) 233839 Palm Beach Gardens, F133410 bap://www.00.painkbea&fl.us Dear Chief Fitzgerald: ■ The following list represents the items that have been budgeted for the Palm Beach county period from October 1, 1998, to September 30, 1999, by 9 -1 -1 Boca of County Management for the Palm Beach Gardens Police Department: Commi-doners 1. Cellular telephones and access fees $ 920 Burt Aaronson, Chaim 2. Maintenance of the generator 1,000 Maude Ford Lee, vim-Chaw 3. Replacement and maintenance of headsets 2,500 Karen T. Maw 4. Replacement of logging recorder tapes 2,000 5. Maintenance of recording equipment 1,922 Carol A. 6. 9 -1 -1 printer supplies 500 Warr® K Newell 7. Lease /purchase of recording equipment 7,229 Mary McCarty 8. Maintenance of T.D.D. 200 9. Maintenance of uninterruptible power supply 500 Ken L. Faster 10. Maintenance of 9 -1 -1 PSAP equipment 5,500 11. Maintenance of CAD interface with 9 -1 -1 3,200 12. Upgrade of PSAP equipment year 2000 compliance 28,000 Ai county miniatraor 13. Training costs ($50 per telecommunicator) 700 Robert Weim,an_ P. E. � 14. Call taker salaries 3,904 TOTAL $58,075 Surplus funds from one item may be used for another. The intent of this letter is to set a funding limit. To ensure that training monies are spent in compliance with current legislation, preapproval of the training program is required. Upon approval of the "E 9 -1 -1 Program" budget by the Board of County Commissioners, these funds will be available for reimbursement. The Palm Beach Gardens Police Department is ultimately An � Opportunity responsible for adhering to state and local purchasing requirements in the Affrmative Action Employer purchase of materials and services that are reimbursed by Palm Beach County 9 -1 -1 Management. Every effort should be made to purchase these items in sufficient quality and quantity at the lowest cost. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject Agenda Item Date: June 17, 1999 Date Prepared: June 7, 1999 Resolution 66, 1999 — to allow for outdoor seating in the courtyard area of the Oakbrook Square Shopping Center. Recommendation/Motion: Staff recommends that Res Reviewed by: �u CAW C City Attorney Finance NA ACM Human Res. NA Other NA m Submitted by: 't GroxtiIli Managemen Approved by: City Manager I. REQUEST z)lution 66, 1999 be approved with two conditi Originating Dept.: Costs: $ Total Growth Management JCiurent FY Advertised: Funding Source: Date: Paper: Affected parties [ ] Notified [ x ] Not required [ ] Operating [ ] Other Budget Acct-#: ons. Council Action: [] [ ] Approved Wicmd;a,. [ ] Denied [ ] Continued to: Attachments: Resolution 66, 1999 Site Plan Reduction of site detail sheet Proposed seating/umbrella Owner's agreement [ ] None Roly's of Dublin, Inc., requests approval for outdoor seating to be located within the existing courtyard area of the Oakbrook Square Shopping Center. (04- 42S -43E) II. BACKGROUND The Oakbrook Square Shopping Center was approved by the Site Plan Appearance & Review Committee in December 1973. The Center is located at the intersection of U.S. One and State Road AIA. Recently, the entire Center had undergone an upgrade in appearance with architectural enhancements, parking lot landscaping and a redesign of the interior courtyard area. With these improvements, Roly's restaurant was added. Roly's would like to provide outdoor seating for its patrons. On May 7, 1998, the City Council approved Ordinance 5, 1998 regulating outdoor seating. This ordinance requires applicants to comply with the following guidelines: 1. Outdoor seating must be adjacent to, and have direct access to, the restaurant in question. 2. The seating needs to be located on property that is owned or leased by the applicant. The seating must be accessible to the public, including persons with disabilities and must not impede access across any sidewalks or entrances to the restaurant. 4. There needs to be adequate parking, which shall be provided on site. Growth Management Staff has determined that the applicant has met the additional conditions listed in the ordinance (see table below). In addition, staff has requested a traffic statement, which the applicant has provided. This statement indicates that an additional 23 trips per day will be generated. The additional trips do not affect the traffic concurrency certification of Oakbrook Square, according to the City Engineer. The City Council reviewed this petition at their June 3, 1999 meeting. The applicant and staff disagreed over the wording of the conditions of approval. As a result, Council directed that the issues be resolved and placed on the June 17, 1999 agenda as a "consent" item. III. OUTDOOR SEATING DETAILS CODE REQUIREMENT Outdoor seating shall be an accessory use to a restaurant or other commercial business. Outdoor seating shall be adjacent to, and have direct access to the building in question. Outdoor seating shall be located on property which is owned or leased by the business. Outdoor seating shall not impede access of the general public to the restaurant or to any other business within the shopping center. Outdoor seating shall be arranged so that a pedestrian walkway of not less than 6 feet is provided adjacent to each table. Outdoor seating, in a shopping center, shall be arranged so that a straight passage of not less than 6 feet in width is immediately adjacent to, but not through, the seating area. Outdoor seating shall not be located on any sidewalk or other property adjacent to any other business. Outdoor seating shall not occupy any area designated for parking. Outdoor seating in a shopping center, which is not located within an inner court, shall be physically separated and visually screened. Outdoor seating shall be compatible in color and style with the exterior of the building and shall not contain lettering or advertising, except for menu boards and small labels to identify ownership. PROPOSED PLAN The outdoor seating shall be an accessory use to Roly's Restaurant. The courtyard area can be accessed through a doorway to Roly's Restaurant. The courtyard area is located directly north of Roly's Restaurant. The owner of the shopping center has authorized use of this area for outdoor seating. The courtyard area is separate from the covered public walkway. The seating area is designed not to impede access by the public to any portion of the shopping canter. The outdoor seating shall be arranged so that a pedestrian walkway of not less than 6 feet is provided adjacent to each table. All public pedestrian access has been maintained outside the seating area. All public pedestrian access has been maintained outside the seating area. The proposed seating is within the interior courtyard, and does not conflict with the parking area. The proposed seating is within an inner court. However, the applicant is proposing to provide additional screening with potted plants (see site plan details). All outdoor seating will be compatible with the existing center. The proposed tables and chairs will be white with white tablecloths. Also proposed are maroon umbrellas consistent with the colors established within the restaurant. CODE REQUIREMENT Outdoor seating shall be stored in a secure manner, whenever the restaurant is closed to the public. Outdoor seating which increases the total number of seats available at a restaurant shall be considered an expansion of use, which requires additional parking. IV. RECOMMENDATION PROPOSED PLAN The applicant is proposing to chain down the tables to prevent theft. In addition, the plaza will be monitored on a 24 -hour basis. The outdoor seating area is approximately 990 square feet. At a requirement of 1 space per 200 s.f., 5 additional spaces will be required. The existing number of parking spaces provided at Oakbrook Square Shopping Center exceeds the required by 98 spaces. Therefore, the outdoor seating can be accommodated without providing additional spaces. Staff recommends approval of petition MISC -99 -13 with the following conditions: 1. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than 6 feet in width adjacent to each table. (Code Enforcement) 2. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. June 7, 1999 RESOLUTION 66,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF OUTDOOR SEATING TO BE LOCATED WITHIN THE EXISTING COURTYARD AREA OF THE OAKBROOK SQUARE SHOPPING CENTER, LOCATED AT THE INTERSECTION OF U.S. HIGHWAY ONE AND STATE ROAD AlA ON THE EASTERN SIDE OF U.S. HIGHWAY ONE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens received an application from Roly's of Dublin, Inc. for the approval of outdoor seating to be located within the existing courtyard area of the Oakbrook Square Shopping Center, located at the intersection of U.S. Highway One and State Road AIA on the eastern side of U.S. Highway One, as more particularly described in Exhibit "A "; and WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach Gardens approved the site plan for the shopping center know as "Oakbrook Square Shopping Center" in December 7, 1973; and WHEREAS, the City Council approved Ordinance 5, 1998, which provides for the regulation of outdoor seating; and WHEREAS, the City's Growth Management Department has determined that the approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves outdoor seating to be located within the existing courtyard area of the Oakbrook Square Shopping Center, located at the intersection of U.S. Highway One and State Road AlA on the eastern side of U.S. Highway One, as more particularly described in Exhibit "A ". Section 2. Construction of said development shall be in accordance with the following documents on file with the City's Growth Management Department: 1. Site Plan, Urban Design Studio, May 2, 1999, Sheet 1. 2. Site Plan Courtyard Detail, Urban Design Studio, May 2, 1999, Sheet L -1. 3. Photographs of typical chairs and tables and umbrella, and sample of umbrella fabric, dated May 5; 1999. Section 3. Said approval shall be in accordance with the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Outdoor seating shall be arranged, when in use, in a manner that allows a pedestrian walkway of not less than 6 feet in width adjacent to each table. (Code Enforcement) 2. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 51999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. I:' CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR FURTADO _ COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK WAMSERVEMCOMPROMShort RangeWISC9911re.doc EXHIBIT "A" ` s 9 ` P-3 8 LEGAL DESCRIPTION PARCEL' 1: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 1,101.47 FEET TO THE INTERSECTION THEREOF WITH THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1); THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5, A DISTANCE OF 50.50 FEET TO THE INTERSECTION THEREOF WITH THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5, A DISTANCE OF 736.56; THENCE SOUTH 78 DEGREES, 00 MINUTES, 51 SECONDS EAST A DISTANCE OF 590.67 FEET TO THE INTERSECTION THEREOF WITH A LINE PARALLEL WITH AND 590.67 FEET EASTERLY FROM, AS MEASURED AT RIGHT ANGLES TO, THE SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5; THENCE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 613.19 FEET TO THE INTERSECTION THEREOF WITH SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703; THENCE NORTH 89 DEGREES, 48 MINUTES, 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703, A DISTANCE OF 603.47 FEET TO THE POINT OF BEGINNING. PARCEL 2: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; RUN THENCE ALONG THE EAST AND WEST QUARTER SECTION LINE OF SAID SECTION 4, NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 1,101.47 FEET, MORE OR LESS, TO THE EASTERLY LINE OF A PUBLIC RIGHT -OF -WAY, KNOWN AS STATE ROAD NO. 5 AND /OR U.S. HIGHWAY NO. 1; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 787.06 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 762.94 FEET; THENCE ALONG A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF *SECTION.4 NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 603.99 FEET TO THE WESTERLY BOUNDARY LINE OF HIDDEN KEY NORTH; THENCE ALONG SAID BOUNDARY LINE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST 888.83 FEET; THENCE NORTH 78'00'51" WEST 590.67 FEET TO THE POINT OF BEGINNING. *Said TOGETHER WIllf a non - exclusive easement for drainage purposes over, across and under the following two (2) described parcels: Page I of 2 Pages 06/02/99 17 :25 FAX 5618823703 Kimley -Horn �1 and Associates, Inc. June 2, 1999 Mr. Dcolan Hoepor, General Manager . Roly's of Dublin, Inc. 11588 U.S. Highway One Palm Beach Gardens, Florida 33408 Re- Courtyard Seating — Roly's Oakbrook Square Shopping Center Palm Beach Gardens, Florida 040618.00 Dear Mr. Rocpor: �S a� a� Kimley -Horn and Associates, Inc. is pleased to have been authorized to undertake preparation of a traffic statement for the proposed courtyard seating for Roly's. You propose to use approximately 990 square feet of the courtyard area for restaurant seating for up to 40 patrons. This is considered to be a relatively minor expansion of the restaurant and the overall shopping center. This statement addresses the potential increase in traffic generation associated with the courtyard seating and the traffic concurreney conditions in the area of the property. Since Roly's is a part of the Oakbrook Square Shopping Center, the entire shopping center square footage is used in evaluating the traffic generation potential of the proposed square footage increase. The existing shopping center contains 211,567 squire feet of retail building area. Using the current Palm Beach County trip generation equation and pass -by capture formula, the existing center has a generation potential of 6,755 ) net never daily tips. With the Roly's courtyard seating, the c�«f iter will increase to 212,557 square feet. Applying the same Palm Beach County equations as used for the existing, the proposed center has a generation potential of 6,1 8 et new daily trips. This represents an increase of 23 net new daily trips. An increase of 23 trips per day is not required to submit a traffic concurrency analysis according to the language contained in the Traffic Performance Standards. Only a statement is necessary. A review of existing traffic count data indicates that PGA Boulevard adjacent to the site is operating well below its daily and peak hour capacity standards. U.S. Highway One, adjacent to the site, is currently exceeding its daily standard but the existing peak season, peak hour, peak direction volumes are well below the Alternate Test 1 link and intersection standards. ■ TEl 561 846 0665 FAX $81 083 4175 16002 a 4431 Embamadero Drive Walt Fa(m Beach, FlWa .93407 06/02/99 17:25 FAX 5618823703 /j�� 1Gmley -Hom ® and Associates, lre. Mr. Dcclan Hocpar, June 2,1999, Page 2 Based upon the above, the proposed courtyard seating complies with T affta performance Standards and can be approved by the City of palm Beach Gardens. If you or the City should have any questions, please do not hesitate to call. Very truly yours, KD&EY HO ASSO IBS, INC. Joseph . Pollock, Jr., P- S r Vice President �I�f P:�s1 Florida Registration Number 19562 o4o6lgoo- 060299dh.doc wi 003 > Ir rn P 1 li I i i M17 i i \ f T'1 -- — r ' I ®B - a e nB I ' i N I � iii I 1 Fq O - -i I I a 6 9 ®iFll a 'I o � - �, oil i i Oakbrook Square `?�''' }l I� Rai Beach mss. Flues sfa false �i I I N g� Z4o ;g Zr f m: i-5 1zo /Fn ZL�5ia c�ii�4 L �s� '-o iii a�a � � o �p � � �C i%N; ■-• c wz • 13 PIR Q I it I�l�iT 1 r— Rmoly' ach Gwddw^ �Swe'ating 6 i ,� 'i ,ti KIM1 �-> =1� V= nyf1�5CCCn n 20=Y z� �yyyn n N I I N g� Z4o ;g Zr f m: i-5 1zo /Fn ZL�5ia c�ii�4 L �s� '-o iii a�a � � o �p � � �C i%N; ■-• c wz • 13 PIR Q I it I�l�iT 1 r— Rmoly' ach Gwddw^ �Swe'ating 6 i ,� 'i ,ti A t � vyv r�, ���t��, ��, �•, k�.. �ya-- s��' :'y'�'��y���^'`..'�yi'•""P.r °_ t - -c' t ',y,� ,s �yd�'yw ..w �` 'z } CIW OF PALM BEACH GARDENS OUTDOOR SEATING CONSENT AND INDEMNIFICATION (to be completed by the propeny owner, if different from the applican.) The Property Owner, doing business as Oakbrook Square Shopping Center Carp.(-PROPERTY OWNER ") Whose business address is 2401 MA, Boulevard, Suite 290, Palm Beach Gardens, Fl 33410, hereby conecnis to the plat =ement of Outdoor Seating on its prerniscs located at 11688 U.S. Highway 1, Palm Beach Gardens, Fl, 33410 ( "OUTDOC)R SEATING ") and, in rerurn for good and valuable consideration, the rcccipt of which is hereby acimowlcdged, agrees to reimburse, indemnify and hold the CI'T'Y, its agents, cmployees and cleetcd officers and each of them, free and harnilcss at all times from and against any and all demands, debts, charges, judgements, claims, liability, expenses, losses, suits, costs, fines and darrtages (including attorney~' fees at trial and appellate levels) and causes of attiatm of every kind and chxwwr against or from the CITY by reason of any dxrWc to property or the entrirurxment, or bodily injury (including dualh) incurred or sustained by any pang hereto, or of any puny acquiring any inicrest hereunder, and any third or other party whomsoever, or any governmental agency, szisir�g ovt of or incident to or in connection with the OUTDOOR SEATING, provided, however, the PROPERTY ONNNER shall not be respmsible to the CITY, its agents, employees, and officers for damages, claims, costs, losses, or expenses (including attorney's fees) directly amibumbk- [a the negligence or actions of the CITY, its agents, servants, employees, or officers. Such reirnbutSernen[ and indemnification shall be made by PROPERTY OWNER immediately upon demand by CITY. The obligations of PROPERTY OWNER hemunder shall be binding upon each and all of its successors and assigns and shall inure to the bersefit of and be available to the CITY, its agetrts, employees and afl?c-en. Norbing in this AgrcUT)c it shall be dccmcd to affect the rights, privileges and immunities of the CI'T'Y as set forth in Section 768.29, Florida Starutes, as arnended from time to time. Signed by Property Owner: Opt -• mv -P• _. Print Name of S' nor-- (iljt rJ•c -I- Tide: fit L& Company. STATE OF FLORA COUNTY OF PALM BEACH The far'egUing instrument was acknowledged before me this ]99°t . by - -- 1 ►>ecS -.�� (name of officer or agent, title of officer or agent) of (� a I ev ok (nm t of corporation ac3cZmowledging), on behalf of the corporation. 4' day of 4co SG - C c - < - ---NOT'ARYyU$ .1 S,- . (SEAL) _ (Print Name) fi'', ZODiNA M. SCHRAMM %tV cow-usWN & CC 783773 My Cott mm, ion t EXPIAt- -902 Personally KnownE � PMduc, dentitieadon U Type of Identification 1`VV RESOLUTION 78, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE POSITION OF THE BLACK COALITION OF THE CITY OF RIVIERA BEACH TO ALLOW ELEMENTARY SCHOOL CHILDREN FROM RIVIERA BEACH TO ATTEND THEIR NEIGHBORHOOD SCHOOLS; PROVIDING FOR COPIES OF THIS RESOLUTION TO BE SENT TO THE SCHOOL BOARD OF PALM BEACH COUNTY, ALL PALM BEACH COUNTY MUNICIPALITIES AND THE PALM BEACH COUNTY BOARD OF COMMISSIONERS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received a recommendation from the City's Education Advisory Board in support of a recommendation by the Black Coalition of the City of Riviera Beach to allow children from the City of Riviera Beach to attend neighborhood schools; WHEREAS, the Education Advisory Board further recommended that the money spent on the cost of bussing these children be used to lower the class sizes in the chortle 1 and 2 schools to help better educate these children; and WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, agrees with the recommendation of the Education Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens supports the Black Coalition of the City of Riviera Beach recommendation to the School Board of Palm Beach County to allow elementary school children from Riviera Beach to be allowed to attend their neighborhood schools and not have to be bussed out of their community to schools in other cities. SECTION 2. The City Council of the City of Palm Beach Gardens fiuther supports that the monies used for bussing elementary school children from the City of Riviera Beach be used to lower the class sizes in the chortle 1 and 2 schools to help better educate these children. SECTION 3. The City Clerk is hereby directed to provide copies of this Resolution to each member of the School Board of Palm Beach' County, each municipality in Palm Beach County and the Board of Commissioners for Palm Beach County. SECTION 4. This Resolution shall be effective upon date of adoption. RESOLUTION 78, 1999 PAGE 2OF2 INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF JUNE, 1999 MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT 05x2811999 16:09 FROM ALLIANCE RESEARCH TO 7758244 P.01 City of Palm Beach Gardens Educational Advisory Board In our May 12, 1999 board meeting; the Educational Advisory Board voted unanimously to support the proposed recommendation of the Black Coalition of the City of Riviera Beach. They have recommended that the elementary school children from Riviera Beach be allowed to attend their neighborhood schools and not have to be bussed out of their community to schools in other cities. Some of the reasons (eadirta to this decision were_ ♦ For the past seven years, the test scores for those students bussed to the elementary schools in Palm Beach Gardens were no .better than the test scores of the Riviera Beach elementary schools. ♦ Most bussed students do not get to participate in the after school dubs and programs because . there are no buses to transport them back to their homes if they, stayed after school for these activities. ♦ Parents of the bussed students find it difficutt to take part in any.after school mcctings such as PTA,. SAC: or teacher conferences. ♦ Most of the bussed studerft find it difficult to come back for evening performances or events_ ♦ The parents and bussed students do not feel the `ownership" or loyalty- to school as they would for their neighborhood school. The Educational advisory.. Board would also like to recommend that the money_,. . which is spent on the cost of bussing,.be used to lower the class sizes in the chortle 1 and 2 schools. to help: better educate these children_ Chortle 1 and. 2 schools are schools that score below 5t) on the CTBS tests_ The Educational Advisory Board would like to request the City Council of Palm Beach Gardens to adopt a resolution to support this recommendation and forward it to the Palm Beach County School Board. Sincerely, Wayn Anderson Chair Tf1T01 0 L11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 17,1999 Date Prepared: June 4, 1999 Subject/Agenda Item: Petition VAR- 99 -02, sign 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 no action at this meeting and a continuance of the public hearing to the July 1s' meeting. . Reviewed by: Originating Dept.: Costs: $_0 Council Action: City Attorney N� N Growth Management Total [ ] Approved Department Finance N/A _ $ 0 Current FY [ ]Approved w1 conditions ACM [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: May 5, 1999 [ ] Operating Attachments: Paper: Palm Beach Post [ ] Other N/A Resolution 61, 1999 Site Plan Comments: Tammy Jacobs, [ ] Not Required Assist. City Engineer Submitted by: Growth Management Affected parties Budget Acct. #:: Department [ X ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Patrick Koenig, applicant, is petitioning the City Council for a sign variance for five (5) existing ground signs located in front of the Gardens Park Plaza Shopping Center. The 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" on site. 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. Agenda Cover Memorandum Page 2 June 17, 1999 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. 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 nonconformities associated with the Washington Mutual sign. The petitioner, who is the property manager for the shopping center, has left the responsibility of obtaining variances for non - conforming dimensions to the tenant, Washington Mutual. As of this date, staff has not received a variance application from this tenant. All five signs were located on site at the time of the 1990 code revision, which placed in effect the right -of -way requirements. However, signs which were approved in 1991 and 1995 should not have been permitted, since the signs they were replacing were non- conforming. 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 that "The hardship shall not be economics or natural obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter." This should be the basis for which the variance shall or shall not be granted. The existing signs do not meet the following code requirements, as outlined in chapter 110 of the City's Land Development Regulations. The following chart illustrates this: VAR -99 -02 GARDENS PARK PLAZA SIGN VARIANCE REQUEST Present conditions not in compliance with the following requirements: Code Requirement: Chapter 110 -36 (a) Ground Signs: "Any property with at least 300 feet of a property 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 additive to compute frontage ". I Present Condition: Five (5) ground signs with 2,300 feet of right -of -way. (requires 3,100 feet of right -of way) I I Proposed Condition: Five (5) existing ground signs to remain. I Proposed Condition Compliance with Code: No. Variance Requested Agenda Cover Memorandum June 17, 1999 Page 3 STAFF COMMENTS: Staff is recommending that the City Council postpone action and continue the public hearing to the next available City Council meeting. The City Engineer has requested a new base map for review purposes due to the fact that the original submittal had outdated and erroneous pavement configurations. The petitioner has not re- submitted a revised base map for the engineer's review. However, this petition was advertised for public hearing on this date, so it must be opened. Staff cannot make a recommendation without all technical evidence needed to determine the extent of the variance(s). GALong Range \var9902.st1.wpd CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 17, 1999 Date Prepared: June 14, 1999 Subject/Agenda Item: Second Reading /Public Hearing, Petition TXT -99 -07 Sign Code Revisions, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide minor revisions to chapter 110 entitled "SIGNS". Recommendation/Motion: Staff recommends ap roval of Ordinance 25, 1999 Reviewed b ; Originating Dept.: Costs: $ 0 Council Action: Total City Attorney �.r..�� Growth Management [ ] Approved t v Finance N/A $ 0 [ )Approved %w con,iwns Current FY ACM � [ ]Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Other N/A Date: [ ] Operating Attachments: Paper. [ x ] Not Required [ ] Other N/A Ordinance 25, 1999 Submitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Staff has made minor revisions after the ordinance was read at first reading. A summary of these revisions include: (1) Allow for ground lighting. (2) Change language referring to the enactment of the original sign code revisions to reflect actual date of adoption. (January 11, 1990) (3) Change language referring to adoption date of proposed ordinance to Ordinace number. (4) Clarifying language regarding the submittal of materials to the Growth Management Department for sign variance applications. (5) Specifying that exceptions and requirements for a sign variance apply only to parcels within PUDs and PCDs. (6) Add criteria for lettering on residential entry features or perimeter walls. Agenda Cover Memorandum Page 2 June 17, 1999 At its May 20, 1999 meeting, the City Council reviewed this petition and had the following comments: 1) Broaden the language within the "entry feature" and "perimeter wall" definitions to allow for non - masonry structures. Staff has eliminated the language restricting requirements to masonry structures. Staff is requesting that the City amend its Land Development Regulations to allow for minor amendments to chapter 110, entitled "SIGNS ". These amendments were initiated in association with the non - conforming sign requirements of section 110 -3, which calls for the replacement of signs not conforming with the requirements of the 1990 amendments to the sign code. The implementation of the section 110 -3 required improved definition of some language and clarification of staff interpretation. Also, the workload associated with the non - conforming sign implementation has required the shifting of the variance procedure responsibility from the City Clerk's office to the Department of Growth Management. This is also reflected in the proposed revisions. Separate from the non - conforming sign procedures, the LDR "glitch list" procedure also identified some minor revisions proposed for the sign code. These have been incorporated into this revised draft. The following summarizes various issues within the sign code affected by revisions: (1) New definitions: "Directly accessible ", "Principal tenant ", "Primary entranceway", "Floor line ", "Entry feature, "Perimeter wall ". (2) Maximum flagpole height and flag area size. ice% c%:._., �:. a:.. .. ,..i ....:,... ...,.a�:..a:...,.. o....�_�: �.a:.. ....� :.a..r.. �: _b.a'.. .._.�. w/ Oigi n lig l'U g i lath iai liS i, rest iC.uv� s: Sadd.ig un ig and i uai r ial :ig uii g Only. (4) Non - conforming sign exemption: signs on second floor commercial, residential signs, and signs within a PCD. (5) Side property line setback exemption for corner lots. (6) Clarification of height restrictions and area maximums for building /major tenant wall signs: 41' Floor line maximum and 90 square feet respectively. (7) Maximum height for building /major tenant wall signs: 36 inches. (8) Sign variance processing responsibility: transfer from City Clerk to Department of Growth Management. (9) Exempting existing signs made non - conforming by the proposed revisions. The intent of chapter 118 "SIGNS" is to "create a legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to Agenda Cover Memorandum Page 3 June 17, 1999 traffic and pedestrian safety, property values, business opportunities and community appearance." It is the intention of these sign code revisions to give staff greater ability to achieve the goals set forth in the chapter's intent and purpose. At its April 13, 1999 meeting, the Planning and Zoning Commission held a public hearing for this petition and unanimously recommended approval with the following changes to the draft language: (1) These revisions will create additional nonconforming signs. This was not the intent of the sign code revisions. Staff should develop some language grandfathering existing signs which would be affected by these revisions. Staff is proposing an additional subsection, 110- 4(b)(4): Existing signs made nonconforming by minor sign code revisions adopted by City Council on (date of adoption). (2) If only backlighting is to be permitted for all signs located within residential districts, then lettering on residential entry features would need to be backlit and could not be lit by surface wall wash lighting. Staff is proposing language which exempts lettering on entry features and perimeter walls within residentially zoning districts from the requirements of this chapter, subject to Growth Management Department approval. (3) Placing the height limit for wall signs at "floor line" or below may be too restrictive. Allow for a 3 foot extension above the floor line to allow for greater flexibility for sign placement. Staff has added language to section 110 -37 to allow for this additional height. GA -Short Range%d9907.cc.st1.wpd June 14, 1999 Amendment 1 to Ordinance 25, 1999 The text of proposed Ordinance 25, 1999, as approved on first reading, shall be amended as follows: A. Amend Sec. 110 -3 (d), so that its shall read: (d) Only backlighting and internal lighting or permanently fixed and encased face lighting from below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign illumination is permitted within a building, provided it is not visible from the public right -of -way. B. Amend Sec. 110 -4 (a), so that its shall read: (a) Every sign lawfully erected within the city on January 11, 1990 the l l ; ct:v;, uutc of L11%, V1U111CU1%1 1V111 V1 icy MIS J. -CuLo l ucri;c6 and which is a type of sign not permitted in this chapter may be continued until January 7, 2000 except as follows: (1) No such sign may be enlarged or altered in any way unless to bring it into conformity. (2) If a nonconforming sign is destroyed by any means to an extent of 60 50 percent or more of its replacement costs at time of destruction, it shall not be reconstructed except in conformance with this chapter. (3) If a nonconforming sign is removed for any reason, other than maintenance or name change of occupant, from its location and reinstalled, the sign shall conform to all requirements of this chapter. C. Amend Sec. 110 -3 (1), so that it reads: (1) Lettering conveying the name of a residential development affixed to perimeter walls or entry features shall be a maximum of 24" in height, no greater than 60 square feet in area and shall be backlit with opaque lettering or ground lit only, D. Amend Sec. 110 -4 (b)(4), so that it reads: (4) Signs made nonconforming by sign code revisions adopted by Ordinance 25, 1999. n:-. n .. :I r.._ 1.7 1 nnn ,-I Ly VVUIlcxl Oil JUILIC 1 /, E. Amend Sec. 110 -72 (a)(1), so that it reads: (1) A written petition for such variances shall be filed by the owner of the sign in question with the c: %..Y ckrk- growth management department, and the city council shall conduct a hearing on the petition within 45 days of the fililig cf the date of filing, providing all satisfactory information required has been submitted to the by the city cc,- a:icil "growth management department. ,,c by the pctitionc;. F. Amend See. 110 -72 (b), so that it reads: (b) Exceptions and requirements for planned unit developments or planned community districts GAShort Range \txt9907.ord.amend.wpd June 14, 1999 ORDINANCE 25, 1999 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY ADDING SECTIONS 110-1, DEFINITIONS, AND AMENDING SECTIONS 110-3, SECTION 110-4, SECTION 110 -36, SECTION 110 -37, SECTION 110 -38, AND SECTION 110 -72; PROVIDING FOR CODE REVISIONS TO ALLOW FOR NEW DEFINITIONS, MAXIMUM FLAG POLE HEIGHT AND FLAG AREA, CRITERIA FOR LETTERING ON RESIDENTIAL ENTRY FEATURES AND PERIMETER WALLS, NON - CONFORMING SIGN EXEMPTIONS, SIDE PROPERTY LINE SETBACK EXEMPTIONS, CLARIFICATION OF HEIGHT AND AREA RESTRICTIONS FOR WALL SIGNS, PROVIDING FOR MAXIMUM LETTER HEIGHT, AND TRANSFERRING RESPONSIBILITY FOR PROCESSING SIGN VARIANCE APPLICATIONS FROM CITY CLERK TO GROWTH MANAGEMENT DEPARTMENT; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the section of the Code of Ordinances regulating signage:. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby added to read as follows (added words underlined; deleted words struck): Sec. 110-1. Definitions. Directly accessible means having an entrance from any retail space, industrial bay, office space or similar space directly to the exterior of a building. Spaces located off of common lobbies, interior ground floor hallways or on floors above the ground floor shall not be considered directly accessible to the exterior of a building. Entry feature means a structure located at the ingress point to a development which contains certain decorative features such as landscaping, planters, rock formations, water features, or other details ac to provide for aesthetic improvements to a development entrance. Floor line means the separation between two floors of a multi -story building, where the story indicated is entirely above the floor line. For example, the fourth floor line is the separation between the third and fourth floor, the first floor line being grade level. Perimeter wall means a structure surrounding all or a portion of a development, parallel to and/or abutting property lines. Principal tenant means an occupant of either the entire building or a portion of a building identified specifically at time of sign construction by developer to be the principal tenant. Primary entranceway means a paved facility, including parking areas, sidewalks, plams and courtyards, which provide vehicular and/or pedestrian access to a building entrance. SECTION 2. Section 110 -1 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -f 2. Intent and purpose. The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen. (Code 1987, § 155.01) SECTION 3. Section 110-2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110-2 3. General regulations and restrictions and prohibitions. (a) No off -site or off - premises signs shall be permitted under this chapter, unless otherwise permitted in this Code. All sign copy shall refer to the property on which the sign is located, except as permitted elsewhere in this Code. (b) Only passive -type signage shall be permitted: No surface movements; murals; flashing lights; flashing or moving messages; bright, flashing colors; changeable sign copy, except where expressly Page 2 permitted; extruding figures; bunting; awnings with names/advertising; flags, except as expressly allowed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags, with a total of three maximum, shall be allowed. Flags shall be limited to one each of the following: governmental, religious, and corporate. Flags may be affixed to a maximum of three poles, no greater than one flag per pole. The maximum height for flagpoles shall be 25 feet. The maximum area size for a flag shall be 48 square feet. (c) No sign or device which displays signage shall be allowed on city property or rights -of -way within the city unless specifically authorized by a resolution or an ordinance of the city council. Other governmental entities which have jurisdiction and/or control of public right -of -way may install signs thereon which are under their jurisdiction. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation thereof. (d) Only backlighting and internal lighting or permanently fixed and encased face lighting from below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign illumination is permitted within a building, provided it is not visible from the public right -of -way. (e) The message on a ground sign or flat -wall sign may be used to identify a building or major tenant with the maximum amount of such sign messages not to exceed any three messages on any one sign. (f) All lettering, logos and other such identification markings on signage shall be permanent and not interchangeable, except where specific exception is permitted in this chapter. (g) A building can be identified with both a ground sign and a flat -wall sign on property with a minimum of 300 feet on a public right -of -way. If there is more than one building on the property, each building will be allowed one flat wall sign meeting the requirements of this chapter. (h) No sign facing residential property or property zoned residential shall be allowed within 100 feet from the sign face to.a property line of residential property. (i) Roadside mailboxes or residential building identification, displaying the name or property occupant and/or street address will be an exception to the requirements of this chapter. Further exceptions from the requirements of this -chapter are signs barring peddlers, indicating security such as burglar alarms, barring solicitors, or "beware of bad animal" signs. Such signs must be placed at the entrance of the building or fenced area at entrance. (j) Business motor vehicles containing logos or business addresses and names painted or embossed on vehicle surfaces, when otherwise permitted or required by law, shall be excepted under this chapter. (k) No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any Page 3 (k) No sign shall be erected, constructed, or maintained so as to obstruct any fire escape or any window or door or opening used as a means of ingress or egress so as to prevent free passage from one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire escape or be placed in such manner as to interfere with any opening requirement for legal ventilation, nor shall a sign be erected in a location or at a street intersection or in any street right -of -way so as to obstruct free and clear vision or obstruct the view of or be confused with any authorized traffic sign or device by vehicular traffic. (1) Lettering conveying the name of a residential development affixed to perimeter walls or entry _ features shall be a maximum of 24" in height, no greater than 60 square feet in area and shall be backlit with opaque lettering or ground lit only. (Code 1987, § 155.03; Ord. No. 1- 1997, § 10, 2- 20 -96) SECTION 4. Section 110 -3 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words iii uGn). Sec. 1103 4. Nonconforming signs. (a) Every sign lawfully erected within the city on January 11, 1990 the 1 utc f he c1%AILi V %, uot OrdirlCUlcc 111Vill VV111% 1 this av%..Livil derives and which is a type of sign not permitted in this chapter may be continued until January 7, 2000 except as follows: (1) No such sign may be enlarged or altered in any way unless to bring it into conformity. (2) If a nonconforming sign is destroyed by any means to an extent of 60 50 percent or more of its replacement costs at time of destruction, it shall not be reconstructed except in conformance with this chapter. (3) If a nonconforming sign is removed for any reason, other than maintenance or name change of occupant, from its location and reinstalled, the sign shall conform to all requirements of this chapter. (b) Upon expiration of the time period stated in subsection (a) of this section, such affected sign shall be immediately removed. Exemptions are as follows: (1) Signs which have been specifically approved by a PUD, PCD or Site Plan within a PCD. (2) Existing flat wall signs located below the third floor line or roofline on two -story cf cc buildings shall be allowed to remain indefinitely; however, subsections (a)(1), (2), and (3) shall apply. ( Signs located within residentially districts which indicate the name of a residential subdivision or development. Signs made nonconforming by sign code revisions adopted by Ordinance 25, 1999.-Gity %-Ouricll Or, i LUIC 1 /, 1 / //. Page 4 (c) Any permanent sign existing on property, annexed into the city, not permitted under this chapter, but lawful at the time of annexation, shall be removed from the premises upon which the sign is erected within six years from the date the city comprehensive land use plan is adopted pertaining 1•__�_ 1]C_�•___ �_____ ___L•_L LL•_ 1VI �__•___ to SUC premises. LLl JGVGII yGC1IJ L Vlll G11GL�UVG uaLG Vl L11G Vl W1lQ1lLiG 11 Vlll Wllll.11 L1uJ JGLiL1V11 UG11VG$, ur- c,- :i:lg w;l;c ; u„-- Vii;., ; an be lo:lge:: Temporary signs located on property annexed into the city, which are not so permit in compliance with this chapter shall be removed within 60 days from the date the city comprehensive land use plan is adopted pertaining to such premises. o,,, «�e G11GL.L1VG daM Vl LI1G V1U111Q11VG 11V111 W111L41 U11J JGL.LIV11 UGIIVGJ. (1) The time periods provided in this section are for the purpose of amortizing the costs of a sign and any property rights created prior to the effective date of the ordinance from which this section originally deriveds by virtue of lease of location and/or sign space. (Code 1987, § 155.04) SECTION 5. Section 1104 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110-4 5. Display of obscene matter prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, or immoral matter which violates this Code or the laws of the state. (Code 1987, § 155.05) SECTION 6. Section 110 -5 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -5 6. Permits required, fee and revocation. (a) It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the city any permanent sign defined in this chapter without first obtaining a permit from the building department and making payment of the fee required by section 86 -28. All illuminated signs shall, in addition, be subject to the electrical code, and the permit fees required thereunder. (b) The building official is authorized and empowered to revoke any permit issued upon failure of the holder thereof to comply with any provision of this chapter. (Code 1987, § 155.06) SECTION 7. Section 110-6 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, Page 5 is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -6 7. Maintenance, inspection. All signs for which a permit is required, together with all their supports, braces, guys, anchors, and plastic faces, shall be kept in repair and, unless constructed of galvanized or noncorroding materials, shall be thoroughly painted once every two years or as often as the building official may deem necessary based on the condition of the sign. The building official may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. The building official shall reinspect all signs erected within the city as often as he deems necessary. No fee shall be required for reinspection. (Code 1987, § 155.07) SECTION 8. Section 110 -7 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110-q S. Design requirements. (a) All permanent signs shall be designed and constructed to withstand all loads and design factors of the city as prescribed by the building code for the city. (b) The building official shall require sufficient design data, when deemed necessary, to determine whether the sign complies with the applicable codes of the city. All permanent ground signs eight feet and above grade shall be certified by a state engineer, who shall submit sufficient design data to enable the building official to determine whether the sign complies with the applicable codes of the city. (Code 1987, § 155.08) SECTION 9. Section 110 -8 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words stru Secs. 110-8 9-- 110 -35. Reserved. ARTICLE 11 PERMANENT SIGNS SECTION 10. Section 110 -36 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -36. Ground signs. Page 6 (a) Any property with at.least 300 feet of a property 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 additive to compute frontage. (b) A ground sign structure shall not exceed ten feet in overall height above the centerline of the adjacent roadway nor shall it exceed 15 feet in length. A maximum of 60 square feet per sign and no more than two faces per sign structure shall be allowed. (c) Ground signs shall be placed no closer than 15 feet from the front property lines and side property lines adjacent to a public right -of -way or 50 feet from the side property lines not adjacent to a public right -of -way. A ground sign shall be erected in a landscaped area. The landscaped area shall be equal to no less than the height of the sign in all directions from the sign face and front end and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate vegetation and automatic irrigation by the property owner and shall comply with chapter 98. (Code 1987, § 155.09) SECTION 11. Section 110 -37 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -37. Flat/wall signs (a) Buildings located on a site which has at least 100 feet of property line on the public right - of -way shall be allowed one flat/wall sign for identification. (b) A flat/wall sign installed on a building, which identifies the building or one principal tenant, shall be parallel to the surface of the wall on which it is painted or attached and shall not project more than 12 inches from such wall surface. The total area of the sign face shall not exceed three percent of the face area of the elevation below the fourth floor line or 30 feet above the centerline of the adjacent street, whichever is less. T► v alca Of -d-1 V-, biVI W.� May he iiri.i�axu two �JGl VGiIL 1V1 eaill additional JV LGGL Vi JGLUM,& HUM L11G V1VJ/G1Ly 1111G iil GA l t 1111111111 Ill _ __11 lcyuiicu lvl u1G wall UFV11 vvIMAI LIIG bir,i1 lb a}JY11cu. LIIG 111aAMIU111 bir,il aiva Imavabv .111a11 um, L ____ -- - -, -- - - p - -- - - ` -` -' -'g1 - - -- ``- f, - --- The total area of the sign face shall IIVWGV Gl VIM, LI JGVG11 Gl VG11L Vl a LVLal Jl 1 al Ga. Ul L611 GI t,G1l L. not exceed 90 square feet. Sign letters shall be no larger than 36 inches in height. Signs shall not be located more than three feet above the fourth floor line or above the building parapet. (c) In addition to the ground and/or flat/wall sign which indicates the purpose of the building, an occupant of a portion of a building whose space is directly accessible from the exterior of the building at ground level is allowed one flat/wall sign for each elevation facing a public right -of -way and/or the primary entranceway, not to exceed two face elevations. Such flat/wall signs shall not exceed five percent of the gross area of the described elevations of the tenants' space. Signs shall not be located higher than the second floor line or top of the parapet of a one -story building. All such signs shall be Page 7 of uniform type, color, material, shape, or style; letter height shall not exceed 24 inches, maximum two lines of copy. 1_u_- <_ ______� nw `GJ . V11a1H1G1 1GLLG1 Ly JJG Jlr'11J WIWI VG Vi L11G bamV JLy1G, 1GLLG1 11G1r,11L 11VL LV G1iLiGGU L.`t. 111L�11GJ, lllan1111U111 LWV 1111GJ V1 IiV�Jy. (d) In addition, a window sign not to exceed five percent of the gross glass area of elevation may contain the name of the occupant, hours of business operation, open/closed designations, credit card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area of elevation may further be used for the specific advertising of goods and services, not to exceed 100 square feet. Materials utilized in signage comprising the 15 percent allowable area for goods and services must be of a permanent nature. Use of cardboard or paper materials temporarily affixed to the glass is prohibited. (e) Menu sign. A menu sign is a temporary sign used to inform the public of the list of dishes or foods available in a restaurant along with the corresponding prices. A window menu must be framed or matted and its area will not be applied toward the 15 percent of the gross glass area. The sign may also indicate if the restaurant is open and list the hours of operation of the restaurant. (1) One menu sign is allowed for each restaurant. (2) The sign shall not exceed four square feet in area. (3) The sign shall be enclosed in a casing attached to the building. The casing design and color shall be architecturally compatible with the building design and color. The casing shall extend no more than two inches in depth away from the wall to which it is attached, which shall be the owned, rented, or leased premises. (Code 1987, § 155.14] SECTION 12. Section 110 -38 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -38. Directional signs (on site). (a) A maximum of one double -faced sign of no greater than four square feet on face or higher than four feet above the adjacent paving 'Lur each aut moo, ized cu, v cui shall be allowed for each building to direct traffic a-firy bunu;:,g on the property. In addition, one exterior menu sign shall be allowed for a drive- through restaurant with a maximum height of five feet and maximum area of 20 feet which shall be landscaped in compliance with chapter 98. Such sign shall be no further than 100 feet from the building which contains the facility. Signs may be illuminated by internal lighting only and shall be placed in a landscaped area. Page 8 (b) As required for safety, "exit only" and "entrance" signs, no greater than four square feet and no higher than three feet above the adjacent paving, with a maximum of two faces shall be allowed to encourage or prohibit entrance to a property through each established curb cut. The sign shall be allowed no closer than two feet from the property line. The sign may be illuminated by internal fighting only and shall be placed in a landscaped area. The landscaped area shall comply with the requirements of chapter 98. (Code 1987, § 155.11) SECTION 13. Section 110 -72 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words struck): Sec. 110 -72. Variances. (a) Recognizing that the strict application of the requirements of this chapter may work an undue hardship on certain applicants, variances from the strict application of this chapter may be granted by the city council. The hardship shall not be economics or natural obstructions on adjacent lands, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter. Procedures for obtaining a variance are as follows: (1) A written petition for such variances shall be filed by the owner of the sign in question with the city clerk growth management department, and the city council shall conduct a hearing on the petition within 45 days of the filing of the date of filing, providing all satisfactory information required has been submitted to the y t, V %-,i%-Y- growth management department. be uiiii�1 cu vy i M Ycifiiviier (2) The petition shall be signed by the petitioner under oath and shall contain sufficient information accompanied by a drawing whereby the city council can render a decision thereon. Only one variance request shall be contained in a petition. (3) There shall be an initial filing fee, on file in the city c ;e:;.-'s growth management department office, required for each petition filed, which fee shall be paid by the petitioner upon filing of the petition with the city -clerk growth management department. The petitioner shall pay for all legal advertising costs, including postage to mail notices to landowners affected by the variance, unless otherwise specified in subsection (a)(6). (4) Prior to any hearing conducted by the city council, if the sign in issue is located in a shopping mall or a shopping center as defined in this chapter, all lessees located therein and the owner thereof together with all landowners within 300 feet of the Page 9 parcel of land on which that shopping mall or shopping center shall be located shall be notified in writing as directed by the city clef k growth management department by United States mail of the pending variance petition, together with the date, time and place of public hearing on such, at least ten days prior to the hearing. (5) If the sign in issue is not located within a shopping mall or shopping center, all landowners within 300 feet of the parcel of land on which the sign in issue is located shall be notified as directed by the city -clerk growth management department as required in subsection (a)(4) of this section. If a condominium shall be involved, notice to the president or secretary of the condominium association will constitute notice to all landowners therein. (6) In addition to the notice of the variance requested, the date, time and place of public hearing thereon by the city council shall be published in a newspaper of general paid circulation within the city at least 15 days prior to the hearing. The lessees and landowners entitled to receive notice shall be determined by the city clerk growth management department. The initial filing fee shall be the total fee when no more than ten landowners or lessees shall be entitled to notice; the filing fee shall be increased for each additional five landowners or lessees or fraction thereof. (7) Three members of the city council shall constitute a quorum, and the concurring vote of three members shall be required to grant a variance to this chapter. (8) The city council shall have the authority to request any information it may deem necessary to properly reach a decision on a petition, including the presentation of expert testimony at the expense of the petitioner. (9) The city council shall not conduct a hearing on any petition until all filing fees are paid and required public notice is complied with as directed by the city c;e,a growth management department. Approval or disapproval of a requested variance shall be by resolution of the city council. (b) Exceptions and requirements for planned unit developments or planned community districts. (1) The city council may make and grant exceptions to the requirements of this chapter in a planned unit development, or site plan within a planned community district at time of adoption or by an amendment thereto by subsequent resolution or ordinance. R (2) The city council may vary the size, setback requirements and amount of signs permitted, provided the council finds that the general intent and purpose of this chapter is met. Page 10 (3) The only exception allowed for the use of a prohibited sign in a planned unit development shall be when the development does not front on a state or county arterial right -of -way. (4) Based upon the above, the developer may erect one off -site double -faced sign not to exceed 32 square feet containing only the name of the project and directions thereto. The maximum height of the sign shall not exceed five feet above the crown of the road. The lighting may be allowed as prescribed by the city council based upon the effect of illumination on the general surrounding area, traffic safety and reasonable visibility for the purpose intended. (5) The city council may grant such exception vaiiauuv 'uy ieJolui; vii without the L 11 _1____r__ __' -__e -- _ li1LG1 VG11UV11 Vl L11G �J1Zl1llL11� Q11U GVlllllg 1+UI1111llJJ1Vl1 CUIU publication in a newspaper TL 1__11 L_ __�_____� L__.t_ (• of general circulation. 111E Jlrll J112L11 UV 1GIIIUVGU Uy LI1G VW11G1 UFV11 LG11111110.L1V11 V1 .L_ . _� _11 _____J Tt__ -L _11 L____ .L_ �_L.. .L_ .L_ the L1111C. pefiVU 0.11VWGU. 1116 wLy 5110.11 Have he 1-ighL LU 1G111UVG L 11 Jl611 L1IJV1I L11G __I_ 1__._ 'L _ _ .L _ _ _,.L _ _ VW11G1 J 10.11UIG LV UV JV, 0.l L11G L.VJL Vl L11G UW11G1. lVJ 111G 111LG1 VGIILIVII V1 L11G JJ1MU1111r, anu 6UIIIllb' L.VlI1lILJJ1V11 and 1IGW5p0.lJGl pUU11L aLIVl1 P �__L 1'_ 1- ___•_- 1 f__ ___ J -____� _1- _11 ___. L_ _____'__ 01 f, unc 11G2Ull1r' Vl appi�Jval lvl an 0.111GIIUII1G11L JI10.11 11VL VG i7equ ed. (Code 1987, § 155.18) SECTION 14. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 15. 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 16. 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 17. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 11999. PLACED ON SECOND READING THIS DAY OF 11999. PASSED AND ADOPTED THIS DAY OF 11999. MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO Page 11 VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK G:\Short Range \txt9907.ord.wpd Page 12 CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 17, 1999 Date Prepared: June 7, 1999 Subject/Agenda Item: Public Hearing Petition TXT -99 -08 Non - Conformities revisions, by City of Palm Beach Gardens staff, to amend the City's Land Development Regulations to provide revisions to Article VIII entitled "NONCONFORMITIES ". Recommendation /Motion: Staff recommends approval of Ordinance 26, 1999. Reviewed bye Originating Dept.: Costs: $_0 Council Action: `"'�� Total City Attorne y (1��J Growth Management [ ] Approved Finance N/A $ 0 [ ] Approved w /conditions Current FY ACM i/ [ ]Denied Advertised: Human Res. / N/A Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other N/A Paper: [ ] Other N/A Ordinance 26, [ x ] Not Required 1999 Submitted by: Growth Managemen Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: At its May 20, 1999 meeting, the City Council had no comments on this proposed ordinance after detailed presentation by the Growth Management Director, Roxanne Manning. Staff is requesting that the City amend its Land Development Regulations to allow for amendments to article VIII, entitled "NONCON FORM [TIES ". The intent of article VIII "NONCONFORMITIES" is to address the issues which may occur due to lots, uses, structures or buildings, and use of premises or structures and premises in combination, which, due to their age no longer conform with current code requirements. Staff was directed to amend Article VIII so that property owners with nonconformities on their site could amend or even expand their use, so long as the City was able to protect the Agenda Cover Memorandum June 17, 1999 Page 2 public safety, health and general welfare of city residents. The intent of these amendments is also to provide incentives for owners of older properties to rehabilitate them. The proposed amendments intend to achieve this intent. A summary of the proposed amendments to Article VIII is as follows: (1) Provide definitions to more adequately address what constitutes a nonconformity. (2) Allow for alteration, expansion or maintenance of a nonconformity, so long as the property owner can demonstrate that they are improving the site, subject to the criteria set forth in this proposed amendment and subject to the approval of city staff and /or City Council. At its April 13, 1999 meeting, the Planning and Zoning Commission conducted a public hearing on the proposed revisions and had no discussion. The Planning and Zoning Commission unanimously recommended that the proposed amendments be approved. G: \Short Range \txt9908.cc.st1.wpd May 10, 1999 ORDINANCE 26, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES - BY AMENDING ARTICLE VIII, NONCONFORMITIES SECTION 118 -611, 118-612,118-613, 118 -614, 118 -615, 118 -616; PROVIDING FOR CODE REVISIONS TO ALLOW FOR NEW DEFINITIONS; PROVIDING FOR CRITERIA FOR NORMAL MAINTENANCE, ALTERATION OR EXPANSION, RELOCATION, AND RESTORATION OF NON- CONFORMING STRUCTURES OR BUILDINGS, NONCONFORMING USE OF PREMISES OR STRUCTURES AND PREMISES IN COMBINATION; PROVIDING FOR A REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend the section of the Code of Ordinances regulating nonconformities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118 -611 of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended to read as follows (added words underlined; deleted words sft=k): Sec. jj$ -61 . Intent of article. Where there exists lots, structures, premises or uses of land within the districts established by this chapter which were lawful before August 18, 1994, but which would be prohibited, regulated, or restricted as of August 18, 1994, these lots, structures, or uses may continue as legally nonconforming lots beyond seven years from August 18, 1994, provided the city council determines that the existing nonconforming lot, structure, or use is compatible with surrounding properties. The city council may require modifications to the property or impose conditions upon the nonconforming lot, structure, or use to bring it more into compliance with the comprehensive plan and land development regulations. /L\ TL.,. .,.C,. :L: .AL: 1,. ..11_ ...C,. 1,. a,. 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LJUUJLUll L1Ul UOLU(Al 0V11JU U0LLVLL 1110CLL1J LL10 j.J1U0111�, Vl L/VLIJU U0LLV11111U1011uLJ 11LU FJ01111LL110I11 �JVJluVll «a 41--- «4 TF ,, w4: aw w1:4: w1 wF UII%A Ul%.' lUJL0111116 V1 u10111 111 IIIULILIL,l. 11 0A0u YUL1V11 Vl U0111V11L1V11 VL 10111V YUL Vl "Al Lw .Lwaw „a:w11. Lw L„ A— wa... wa: w1- w4: aw w1:a: 0A1J Llll�, JU U0LUL0 11UJ JLLUJLLUIL1LL11}' U0rL111 FlIV1 LV L11tr 100 VL1J Ll U0 UV11, JU III VALV"VULLVIl, U0111V 1111011, w1 L11 Lw Vl 101110 V al Mail U0 "001110” LV U0 UOLUUl 0V11J L1 U0L1V11, FI%J V IUOIL L110 VV Vll�. 1J 0"1110” Vll U 0V11L111UV LLJ a:1: „4 U111g011L 111LLL11101. (Code 1987, § 159.120) SECTION 2. Sections 118 -612 through 118 -616 are hereby repealed in their entirety and replaced with the following new sections: Sec. M- 612 pefinitions ,Dimen$ipnal ngncQnfgrmity, The failure of a lot, premises or structure or any combination thereof to comely with one or more of the following standards established in this chapter: (1) minimum building site area and width (2) minimum building setback P) maximum building lot coverage (4) maximum building height (5) maximum floor. area ratio (6) minimum, open space, (7) other maximum and minimum limitations, Ngncpnforming structure or building. Structure or building which, by reason of dimensional nonconformity, fails to comply with a provision of this chapter, NQncpnfgrming use of .structure and premises in combination, A structure, building, site element. lot or dimension of land, or anv combination thereof, which was not prohibited when commenced or constructed but which fails to meet the xeauirements of this chapter. 2 , Npnconfgrming premises, Premises which are nonconforming to the present requirements of this chapter due to nQn- structural site elements, including, but not limited to the following, (l) Reauired parking and loading spaces; Qrequired dumpster or other trash receptacle space; (3) vehicle stacking requirements; Required access lanes 5 required screening, landscaping and related Site improvements: (4) l?edestrian circulation requirements;,, (7) required signs :_ (8) required lighting; or (9) Other Site improvement requirements Sec. 118 -613. Nonconforming lots of record. Where a lot of record exists which was platted and recorded in the office of the clerk of the circuit court of the county prior to August 18, 1994, and which lot does not conform to the lot area or width requirements for the zoning district in which it is located, the lot may be used for any use permitted in district, provided all other density and land development regulations are met. Such lots must be in separate and not of continuous frontage with other lots in the same ownership. Further, no use that requires a greater lot size than the established minimum lot size for a particular district is permissible on a nonconforming lot. (Code 1987, § 159.121) Sec. 118 -614. Nonconforming uses of land. Where, on August 18, 1994, or on the date of amendment of this chapter lawful use of land exists and such use would no longer be permissible as of August 18, 1994, such use may be continued for a period of seven years from August 18, 1994, so long as the use otherwise conforms with this chapter, subject to the following: (1) No nonconforming use shall be enlarged, increased, or expanded to occupy a greater area of land than was occupied on August 18, 1994. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use. (2) No nonconforming use shall be moved in whole or in part to another portion of the lot or parcel occupied by that use on August 18, 1994. (3) If any nonconforming use of land ceases for any reason for a period of more than six consecutive months, any subsequent use of the land shall conform to the regulations for the district in which the land is located. (Code 1987, § 159.122) 3 Sec. 118 -615. Nonconforming structures or buildings. Where a lawful structure, building or improvements existed as of August 18, 1994, such that it cannot now be built pursuant to this chapter by reason of restriction on dimensional characteristics of the structure or, building, the structure or building may be continued so long as it remains otherwise lawful. subject to the following: � ,.1 ]Vorrnaj maintenance. Normal maintenance or repair„ to permit continuation of a nonconforming structure may be performed in any period of twelve consecutive months, as well as repair or replacement of nonbearing walls. fixtures. wiring or plumbing, to an extent not exceeding twenty percent (20 0/9) of the current assessed value of the structure. 41teration or expansion. A nonconforming structure or building may be altered or expanded subject to approval of the Zoniniz Board of Anneals (ZBA). In making such a determination, the ZBA must find that the alterations and expansions provide for all of the following; a Deduce the impact of the nonconformity, b. Ao not create additional structures or uses _prohibited in the Zoning pistrict; and C. Shall, not incur a cost in excess of $0% of the value of the structure or building within a 12 month period, ,Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or,off the parcel of land in which it is located, unless it conforms to the standards and reauirements of the Zoning District in which it is located. Damage and Restoration ofnonconformine structures or $uijdinzs, If such structure or improvement is destroved bv_ any means to an extent of 50 percent or more of it$ appraised value, it shall not be reconstructed except in conformity with this chapter. Sec. 11$ -616. Nonconforming use of premises or structure and premises in combination, If a lawful use of premises or a structure and premises in combination, exists on August l $, 1994 that would not be allowed in the district under the terms of this chapter. the lawful use may be continued so long as it remains otherwise lawful and meets all other land development regulations, Subject to the following; (1) Normal maintenance. Normal maintenance or repair to permit continuation of nonconforminiz premises or structure and premises in combination may be performed in any, period of twelve consecutive months, as well as repair or replacement of nonbearing walls. fixtures. wiring or plumbing, to an extent not exceeding twenty 4 percent (2Q° /p) pf the current assessed value of the structure, (2 ,41terat!Qn or expansion, Nonconforming premises or use of structure and premises in combination may be altered or expanded upon approval of the Zorn #rig )3oard of ,Appeals (ZB.A). Such alterations or expansion shall be found by the ,ZB,A to; a. Reduce the impact of the nonconformity. except where the increase of certain ponconformities reduces the impact of another nonconformity found to have a greater negative impact on the public health. safetv. and general welfare, b. Do not create additional premise Features or structures and premises in combination prohibited in the Zoning District; and,., C. $ball not incur a cost in excess of 50% of the value of the structures and premises in combination within a 12 month period. ( Damage and Restoration. If such use of premises or use of premises and structure in combination are destroyed by any means to an extent of 50 percent or more of its appraised Value. it shall not be reconstructed except in conformitv with this chapter. (4). Discontinuance, When a nonconforming use of premises or use of structure and premises in combination is discontinued or abandoned for six consecutive months. the nonconforming use of premises or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. Sec. 118 -617. Repairs and maintenance. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof. //" a.. 7(1017 c 1 C 111 C\ `%-G"C 1/V /, V 1J /.LL✓� SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. 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. 5 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 COUNCILMAN DAVID CLARK 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 SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK G: \Short Range \txt9908.ord2.wpd 0 June 10, 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. 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 "K. 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 91999. PLACED ON SECOND READING THIS DAY OF 11999. PASSED AND ADOPTED THIS DAY OF '1999. Ordinance 27, 1999 Page 2 JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK L,.-" VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Ordinance 27, 1999 : Page 3 ERIC JABLIN, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" Future Land Use Map Revisions 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 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. a „1* — onfiles., +„ T:.,:-- 1 . ..,,.:r. � `� CLF), except in Coastal High Hazard Areas that are the 1111414 VVII V K4V L1Ylll 111V144 1 Category 1 Hurricane Evacuation Zones. 3. Revise Policy 1.1.1.5.(c) to read as follows: Policy 1.1.1.5.(e): 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 Plan, or. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. ar "u:aiI. '1 Ordinance 27, 1999 Page 4 :ns F�cili ; ..., except in Coastal High Hazard Areas 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 intedurisdictionA significance including, but not limited to, the siting of facilities with countywide significancp. 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 agreements with local governments 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. Enforcement/implementation. Ordinance 27, 1999 Page 5 f Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction which are part of the State University System, regarding the development of campus master plans or amendments thereto, to be done in accordance with Section 240.155, F.S. Coastal Management Element Revisions 1. 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. le. .. 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 des needed to serve broiiY !10 .—CG .1:14 t- clients of -+ er program those residents which meet the criteria established by state statute, which shall be located at convenient, adequate, and non - isolated situ within residential or public/institutional areas of the City. "4clt C;, :,-.;,gate Z :1: +:.... / A OY U �l...11 1.. ++ -A +.� 1... .. +.. 1 G . « ; +. « +1..+ D—A Ll ♦... 911aV4111VJ `L 1V_ J' J11111a VV 1lVl llalilV\L 1V 11K1V Yll 1V l ✓'lAl 111J ljV. -- 111 ia1V 1 \VJ1YV1a{.a4La IT; 1. /DTn A. +. - 1., «.i l « « TT «:+ ubu tlu1J luluav aluau asuv uvua�aiu avaa iai vviai uaivlavaa .. aaaa as J.aaa.CA vain a.rv. vaVYuivau va 0--4- ":.. +l-...+ ----+:- T ; -U Tl.. -a A K 1 11a1111VV. \.IV ll LLlllllLLl� Lau11lV1 VAVV�/1 111 VV1aJ llll 111E,a1 111aL(Ll ll L u VIIJ {,1141 Kl V 111V V44VE,V1' 1 Zr.)....11.,4 7A «e.. 111llalVllllV L1KV111111V a1 L -cs. 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. wth 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. Ordinance 27, 1999 Page 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 Subject/Agenda Item: First Reading: Ordinance 27, 1999 - #99 -1 Round of Comprehensive Plan Amendments. Recommendation /Motion: Staff recommends approval of Ordinance 27, 1999 Reviewed by :. j� City Attorney Owl` Originating Dept.: Planning & Zoning Costs: $_0 Total Council Action: [ ] Approved Division ACM " $ 0 Current FY [ ] Approved w1conddions Other N/A [ ]Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: ( ] Operating Paper: [ x ] Not Required [ ] Other N/A Ordinance 27, 1999 Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ j Not required BACKGROUND: After the public hearing, assuming a motion to transmit the proposed comprehensive plan amendments to the Department of Community Affairs, the Council should consider first reading of the subject ordinance. (Second reading /adoption will coincide with the adoption public hearing in' November.) CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 Subject/Agenda Item: Public Hearing: #99 -1 Round of Comprehensive Plan Amendments (Consideration of transmittal to the Department of Community Affairs.) Recommendation /Motion: Staff recommends that the Council transmit the proposed #99 -1 amendments to DCA for review and comment. Reviewed by k City Attorney_ �t J Originating Dept.: Planning & Zoning Division Costs: $ 0 Total Council Action: [ ] Approved ACM &;;, $ 0 [ J Approved w/ conditions Current FY Other N/A [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: 6/10/99 [ ] Operating Paper: PBPost [ ] Other N/A Summary of proposed [ ] Not Required amendments Submitted by: f Growth Mgt. Director ffected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: At its June 3`d meeting, the City Council discussed the draft policy provisions for Assisted Living Facilities. Based upon Council concerns, Policy 3.1.4.6. has been revised to incorporate criteria for the ALF density bonus. 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 — The interlocal agreement (approved at the April 15th Council meeting) requires the three participating governments to recognize the planning area in their respective comprehensive plans. 2. ICE Revisions — 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 cooperation. 3. MacArthur Banyan Tree Historic Overlay — Policy 5.1.5.3. is being proposed to protect MacArthur Boulevard as a historic gateway into the City. 4. ALF Revisions — 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 25th meeting. (It should be noted that there was a lot of discussion about the ALF density bonus — compatiblity with surrounding neighborhoods was the primary concern.) #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 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.(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 housing, as defined in this Plan, o:. Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. for an Adu'.; Cc� ^- +- L "el 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 gross acre for the provision of affordable housing, as defined in this Plan, PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. th .... . " I—" Co ^te 7 / "CLz` except in Coastal High 14n7nrd Arm that are the Category 1 Hurricane Evacuation Zones. Intenqovemmental Coordination Element Revisions Revise Policy 8.1.1.5 to read as follows: Policy &1.1.5J, 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 interjurisdictional 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 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 interiocal agreements with local governments 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. Enforcement/implementation. Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction, which are part of the State University System, regarding the development of campus master plans or amendments thereto, to be dome in accordance with Section 240.155, F.S. !S; Coastal Management Element Revisions 1. 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 aanyan 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 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- €ee-ilities needed to serve group hom-c ..:,A ;.';° __ .•.s of other prop= 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/institutional areas of the City. "d•,:.lt Cenb.ega;e Living °ac.l.:.•es (ACT ° °; Uall I— ---,##-A :e Na to 1.5 , ..:.w a= J.r ♦1,° D °n:A°nun1 Ll: 1, Dl.,.,... d TTn :► _Dcv_- 1....m °r.f or an P!_u °w .r..vmm....:... Tl:.iu';va ° ° ♦ :•• v—#nt T.T:nt, T_r °aa.'°uA i\.�°vuu #UM ° the nes. 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 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, f� jj 1Ui '` .�:_.,,Iv �C:j ` � s'Ev :�•: ®� r It 011711'. °'fit- _ +.F? "i.": �• rz�:'.:.'ln fir: •v: tr PEI :� :�rs�* � ;•: Vii." » .;:.. ' moo` o ;iC::� t: is ; ; tw`s.• pi: a � .J .r� 0 •01/05/1999 09:31 561- 434 -4513 u_twirt tuft � r"uC. vZ 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, with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region; and with the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may exi=st. This element of the local comprehensive plan shall demonstrate consideration of the particular effects of the local plan, when adopted, upon the development 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 pursuan=t 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 decisionmalang 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. Within 1 year of adopting their intergovernmental coordination elements, each county, all the municipalities within that county, the district school-bond, and any unit of local government service providers in that county shall establish by interloeal or other formal agreement executed by all affected entities, the joint processes described in this subparagraph consistent with their adopted intergovernmental coordination elements. ' 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 implerneut 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 plan 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 Development 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, particularly 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 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 providing all the personal care you may need" - from About Assisted Living. 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. Ill. 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 as 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: 20 dwelling units per acre, RM and RH district Fort Lauderdale: 60 dwelling units per acre, RH-60 district Fort Pierce: Density and district un- specified, to be determined by City Commission. Delray Beach: Density unspecified, Community Facilities District, Central Business District, Old School Square Historic District West Palm Beach: 32 dwelling units per acre, MF -14 - MF -32, Center City, Community Service, General Commercial, Neighborhood Commercial, Professional Office Residential, Office Commercial average 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: W1. 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 districts. 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/idwelling 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 units /acre), 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 (1 st quarter 1999) Longwood Condominiums 2 calls monthly (1998 average) 4 Tamberlane Condonminiums 1.2 calls monthly (1998 average) Trails End Villas .2 calls monthly (1998 average) 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. 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. VIII. 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. 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 HR -8: 8 dwelling units 6.7 du /acre 8.7 d.u. /acre Palm Beach County per acre max. The Classic HR-12:12 dwelling 9.98 du /acre 9.98 d.u. /acre Palm Beach County units per acre max. Devonshire RH: Maximum 15 14.98 d.u. /acre 14.98 d.u. /acre Palm Beach Gardens dwelling units per acre. Prosperity Oaks RH: Maximum 15 15 d.u. /acre 15 d.u. /acre Palm Beach Gardens dwelling units per acre. Brighton Gardens .MF -32: Maximum 32 13.8 d.u. /acre 16.7 d.u. /acre West Palm Beach dwelling units per acre The Waterford Commercial 19.5 d.u. /acre 19.5 d.u. /acre Juno Beach Courtyard Gardens Residential - 8 20 d.u. /acre 20 d.u. /acre Jupiter The Carlisle C-1 Commercial 23.13 d.u. /acre 23.13 d.u. /acre Lantana McKeen Tower Central Business 27.4 d.u. /acre 55 d.u. /acre West Palm Beach District r" The following Skilled Care Nursing Facilities are located within the City: 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 be the 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 th4J!E trip rates, a Nursing Home facility with 19 rooms 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 acreage Xx Bed ;:;:: k BedslRaom:.. .... RoomstAcre BedslRatsm... ..... >RoismsliAare Devonshire 2.53 160 1.4 45 rooms/acre 2 32 rooms/acre Medical Mall 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 be the 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 th4J!E trip rates, a Nursing Home facility with 19 rooms 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 grdup 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 used residential homes care faciRies needed to serve groip lhoimas and the dlie; is of other progr al; 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/institutional areas of the City. r -%UUIL V VI IIVI lU aLU LI V Il ly ra1,IIILIGJ (/A1V Lr J) JI lail uc PUI I i littcu LV 1 l.... OF lV i J UI IiLS pal LL._ n.._:.J_...a:_1 I_1:_L. /nu\ 9..1...._ 1_....J .._....1..,.:...... _a: _... _.....: ..a: _..... :aL. .. nl_...... aid G 1111 a IG 1\GJIVGI Itlal I IIUI I `I XI 11 IVLUI G Ia1 IV UJG UGJIIJ. I Ia'LIVI 1 III wl gui wuVl I rrlu I a r lal n Ie.J 1 "t n,.. ...1.......... _...a nl......,...,.1 /'�...,,.,..,.,. 'a.. n'..a..:..L a /'�......a..l High Ll....... -A A- ..,.,., VI III "evallVr.lme It Vr a r lain ed VVIlnllul lily vistliCt exceept In vVastal 1 Iigh 1 IazaIU rVeas 4 IA tllat a.-,a tI 1G VaIGIU. Vly 1 1 IUII Ilial1G LVat,Ua 11 Vll LVll�.s. New Policies for ACLFS and Nursing Facilities: 8 Policy 3.1.4.6: Assisted Livinq 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 eliqible 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 bufferinq and setbacks to mitiqate buildinq bulk or intensity; and /or desiqn considerations of buildinqs and site. With demonstration of meetinq said criteria, Council may approve an ALF density bonus of up to 18 dwellinq units per acre in Residential Medium areas, and up to 24 dwellinq units per acre in Residential Hiqh and Mixed Use areas. This density bonus shall not be applicable within the Coastal Hiqh Hazard Area. Skilled Care Nursing Facility may be permitted within Residential Hiqh land use areas at a maximum of 38 beds per acre when desiqned with an Assisted Livinq Facility in a Continuinq Care Retirement Community. Individual Skilled Care Nursinq Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwellinq units and beds of Continuinq 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, or. Parcels within PCDs may be eliqible for a density bonus for Assisted Livinq Facilities pursuant to Policy 3.1.4.6 fV] ai i r -%UUIL vvi IVI VVQLV L.iVii IV I Cl%.Aii ji ;wu }, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. 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 per gross acre for the provision of affordable housing, as defined in this Plan, or. PUDs may be eliqible for a density bonus for Assisted Livinq Facilities pursuant to Policy 3.1.4.6. for- -an Adult voi gr iagatia Living � acility k�CL11}, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. E CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (Open Space) Recommendation /Motion: Staff recommends that the City Council determine that the proposed change does not constitute a substantial deviation to the DRI. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney N/A Planning Div. Total $ 0 [ ] Approved [ )Approved wlcondibons Other N/A Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: June 2, 1999 staff report Paper: [ ] Other N/A Palm Beach Post [ ] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: surrounding property owners City Manager [ ] Not required I. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to provide clarifying details for open space requirements. The project is located north of PGA Boulevard, east of Alternate Al A, and west of Prosperity Farms Road. (5, 6-42S- 43E) June 17, 1999 Petition DRI -99 -03 Page 2 SUBJECT SITE: Regional Center PCD /DRI II. BACKGROUND The 458 -acre Regional Center project was originally approved as a Development of Regional Impact (DRI) in 1984. There have'heen three revisions to the development order since its original approval which occurred in 1984, 1986 and 1994. It continues as a mixed -use project with regional uses. Uses include the June 17, 1999 Petition DRI -99 -03 Page 3 Gardens Mall, Mira Flores apartments, Mediplex Medical Mall and other office buildings. III. PROPOSED CHANGE At the City's request, the applicant is proposing to revise the master plan to better clarify and depict the 92- acres of community serving open space which is required of the project. (The 92 acres represents the 30% open space which is required of PCDs.) The 92 acres includes perimeter buffers, canary island date palm berms and roadway landscaping. IV. STAFF CONSIDERATIONS The petitioner has revised the master plan to reflect information that was originally prepared by the MacArthur Foundation (the former master developer of the project). Staff has been working with the new master developer, WCI, to bring this open space issue to closure. There has been a staff concern that 92 acres of `community serving' open space could not be accommodated within the project, or was being doubled counted with the site - specific open space that is required by individual development projects. It has just come to staff's attention that FDOT will be taking more right -of -way from the southwest quadrant of the project for the PGA Flyover than what was originally anticipated. The figures do not reflect the additional taking - and therefore there is a renewed concern that 92 acres of community serving open space will not be provided within the project. Staff has requested more details from FDOT so that this issue can be further evaluated. While we have yet to receive information from FDOT, information from former MacArthur Foundation files shows that approximately 5.81 acres are being taken at the NE corner. FDOT is still determining the need for the flyover configuration and whether this area is needed, or whether it will revert to the adjacent property owner. Should the 5.81 acres be used for flyover improvements, the Regional Center project is still able to meet the minimum 92 acres of community serving open space. The SW corner of the project, however, will be void of the canary island date palm berm and 55 -foot PGA Boulevard and Alternate AlA setbacks. V. STAFF RECOMMENDATION Chapter 380, F.S. requires that the City hold a public hearing within 90 days to consider whether a proposed amendment to a DRI constitutes a substantial deviation. Staff recommends that the Council find that the proposed amendment does not constitute a substantial deviation to the Development of Regional Impact. June 17, 1999 Petition DRI -99 -03 Page 4 The Planning & Zoning Commission will hold a hearing on the proposed development order amendment June 22nd. After receiving their recommendation, the petition will be placed on the Council agenda for consideration. ca CL c I 4> rn rn rn er c c ca c 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 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 per the applicant's request and continue the public hearing at the July 15"' meeting. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney N/A Planning Div. [ J Approved 7 $ 0 [ ] Approved W/�arows Other N/A Current FY [ ]Denied Funding Source: [ ] Continued to: Advertised: Date: ( ] Operating Attachments: June 2, 1999 staff report [ ] Other N/A Paper: Palm Beach Post [ ] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ )None Approved by: surrounding property owners City Manager [ ] Not required I. REQUEST Hank Skokowski, agent for Mall Properties, Ltd, is requesting an amendment to the Regional Center Development of Regional Impact Development Order (and PCD) to convert approved office use to commercial use. The project is located north of PGA Boulevard, east of Alternate Al A, and west of Prosperity Farms Road. (5, 6- 42S -43E) Petition DRI -99 -02 June 17, 1999 Page 2 SUBJECT SITE: Regional Center PCD /DRI II.BACKGROUND 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 Petition DRI -99 -02 June 17, 1999 Page 3 apartments, Mediplex Medical Mall and other office buildings. M. 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 proobsing 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 depict 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 and cultural arts uses within the tabular data. IV. STAFF CONSIDERATIONS The proposed change is presumed to constitute a substantial deviation to the DRI. The applicant has not yet effectively rebutted this presumption at this time, however, additional information is forthcoming from the petitioner. 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 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. Petition DRI -99 -02 June 17, 1999 Page 4 V. STAFF RECOMMENDATION Chapter 380, F.S. requires that the City hold a public hearing within 90 days to consider whether a proposed amendment to a DRI constitutes a substantial deviation. However, the petitioner has requested continuation of this hearing until July 15th. Further, the Planning & Zoning Commission will not hold a hearing on the proposed development order amendment until June 22"d. Staff recommends postponement of this petition. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the Frenchman's Creek Development of Regional Impact (Marina/Yacht Club) Recommendation /Motion: Staff rPCnmmPnris that the hParinn he nostnoned ner the netitioner's request. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney N/A Planning Div. [, ] Approved Approved �W conditions OtherI/A Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: June 2, 1999 staff report [ ] Other N/A Paper. Palm Beach Post (] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ )None Approved by: surrounding property owners City Manager [ ] Not required I. REQUEST Kieran Kilday, agent for Frenchman's Marina Resort, is requesting an amendment to the Frenchman's Creek Development of Regional Impact Development Order (and PCD). Half of the Frenchman's Creek project is located within the city limits and is located east of Alternate Al A, south of Donald Ross Road and west of the Intracoastal Waterway. (29 -41 S -43E) 0 u June 17, 1999 Meeting .#-r . Petition DRI -99 -01 Page 3 ' H. BACKGROUND The 1,400± acre Frenchman's Creek project was originally approved as a Development of Regional Impact (DRI) by Palm Beach County in 1973. The southern 776 acres were annexed into the City of Palm Beach Gardens in 1988. While in the county, the Frenchman's Creek residential community was approved as a planned unit development with 644 dwelling units. The DRI was never amended to reduce the total number of approved units to the approved number of 644, therefore, the total 3,550 units have remained on the `books' (and the traffic models). With this petition, the applicant is modifying the DRI master plan to `clean up' the designated/approved uses so that they are consistent with existing approvals. The project will be reduced from 3,550 units to a total of 946 units. M. PROPOSED CHANGE The applicant is proposing to add 6.05 acres of property, located at the southeast corner of Donald Ross Road and Prosperity Farms Road, to the Frenchman's Creek DRI. The parcel has a current land use designation of Commercial (C) and is zoned PDA. The applicant is proposing to change this new 6.05 acres, along with the adjacent 13.13 acres of marina from commercial to high density residential land use and transfer 302 dwelling units to the subject area. The new residential use is proposed at 12 units per acre which coincides with the RH land use category of the comprehensive plan. The petition would not affect 1 acre of the marina and yacht basin facilities which remain commercial. IV. STAFF CONSIDERATIONS The proposed change from commercial to residential use is consistent with the City's vision which depicts the area as high density residential. There has been concern expressed from neighboring residents about potential commercial uses which could be approved on the property which may not be ideal or compatible with the surrounding residences. There is newly expressed concern about high density residential (12 du/ac) being too intense to be compatible with the surrounding single family area. The petitioner is calculating the proposed density by including the water area of the marina. Staff has a concern that the 130 berths are not restricted to residents of Frenchman's Creek, therefore the marina should not be considered an accessory use to a residential project and should remain commercial. June 17, 1999 Meeting Petition DRI -99 -01 Page 4 V. STAFF RECOMMENDATION Chapter 380, F. S. requires that the City hold a public hearing within 90 days to consider whether a proposed amendment to a DRI constitutes a substantial deviation. Staff' recommends that the Council find that the proposed amendment does not constitute a substantial deviation to the Development of Regional Impact due to the decrease in overall project intensity. The Planning & Zoning Commission will not hold a hearing on the proposed development order amendment and related comprehensive plan amendment until the issues and questions have been addressed. After receiving the Planning &Zoning Commission recommendation, the petitions will be placed on the Council agenda for consideration. The petitioner has requested a postponement of all matters related to this petition until the issues have been resolved (see attached letter dated 6/8/99). JUN. kJ. 1tftf� S; 14f TI K1LUHi & H`i IHILJ Kilday & Associates Landscape Architects / Planners 1661 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 989-5522 • Fax (6611889-2592 E•Mail: into Okildayine.com June S, 1999 Ms. Roxanne Manning City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re; Frenchman's Marina Our Project No.: 1421.1 Dear Roxanne, 11V. r•+r r. a, A VIA FAX 775 -1014 This letter will serve as a formal request to postpone any further consideration of the Frenchman's Creek Land Use Amendment and Notice of Proposed Change to the DRI for a period of 120 days. This time delay will allow my clients to property evaluate their existing development rights for the property they own as well as the effect of giving up these rights for a residential proposal, I will address this matter more fully with the Planning Commission at tonight's meeting, , cc: Kim Glas, City of Palm Beach Gardens J. C. Solomon ta IWW s IV CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 17, 1999 Subject/Agenda Item: Consideration of Approval: Resolution 69, 1999. (FEC Lease agreement - Alt. A -1 -A) Recommendation /Motion: Staff recommends approval of Resolution 69, 1999. Reviewed by: �- % Originating Dept.: Costs: $_0 Council Action: City Attorney k U Total [ ] Approved Growth Management Finance nN/A ACM.. I $Current FY [ ] Approved w/ conditions ]Denied Human Res. N/A Funding ource: g [ ]Continued to: Advertised: Other N/A Date: [ )Operating Attachments: Paper: [ x ] Not Required [ ] Other N/A Resolution 69, 1999 March 16, 1999 letter Submitted by: � K� J 1(� Mm Affected parties Budget Acct. #: Sample: FEC Lease 1" Agreement partment Director [ ] Notified Landscape plan [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: On July 16, 1998, City Council approved Resolution 68, 1998 which authorized City staff to apply for the Palm Beach County Thoroughfare Beautification Grant program through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County to beautify lands west of Alternate A -1 -A. The City has received the two grant funding sources from the FDOT and Palm Beach County and a notice to proceed. The final agreement needed to proceed with this project is with the FEC Railway Company. Attached, for your review, is a March 16, 1999 letter from Mr. Bagley, which states that the FEC Railroad Company is willing to lease a portion of their property for beautification purposes at a rental rate of $600 per year. Staff has also acquired a sample standard lease document. The resolution before you would allow the Mayor to sign the "Lease" between the City and Florida East Coast Railway Company. V c FLORIDA EAST COAST RAILWAY COMPANY FE ONE MALAGA STREET, P. O. BOX 1048, 8T. AUGUSTINE, FLORIDA 32085-1048 March 16, 1999 File: 291- General 41 City or r N t. r d(�'s iy Mr. Mark I. Hendrickson, City Forester City of Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 -4698 Dear Mr. Hendrickson: This has reference to your letter dated February 5, 1999, concerning the City's interest in leasing a portion of Railway's right of way for beautification purposes. The plans submitted with your letter have been reviewed and they appear to comply with the Railway's requirements. We are willing to recommend lease on the easterly 25' portion of Railway's property, within the boundaries outlined by your landscape plan under our standard agreement at rental of $600 per year. If the City wishes to progress this matter, please notify me as we must request approval of management on the lease proposal. Sincerely yours, M. O. Bagle , D' ector Industrial Development & Real Estate ct - - MHY. 4.1999 4:34PM FEC ID & KL 51 HUGfhL MU.J10 P.2 THIS LEASE, is effective this day of . A.D. 19 by and between FLORIDA EAST COAST RAILWAY COMPANY, herein -after called, "Railway" and, a corporation, whose address is . hereinafter called "Lessee ". WITNESSETH: That in consideration of the covenants herein contained, to be kept and performed, Railway does hereby lease to said Lessee the following described properly. ' -A ,6 All as shown on Railway's Drawing No. dated attached hereto and made a part hereof File:, Page 1 MHY. 4. 1999 4: 34PM FE( 10 & KL 51 HUU, h L N0.310 P. 3 TO HAVE AND TO HOLD the hereby leased property: For the term of � year from the effective date hereof subject to renewal as provided in paragraph''D" hereof, or until terminated as hereinafter provided, LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: (�An annual or A. monthly; rental of $, plus Florida Sales and Use Tax, payable in cash upon the execution and deliver± of this lease, and if renewed, the same amount in cash in advance for each and every Vear or month' thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand, LESSEE AND RAILWAY COVENANT AS VOLLOWS: A. In the event of termination of thiG lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease, B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged vedW or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Flu ther, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either patty may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided If this lease is for a term of one or more years, then thirty (30) days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then ten (10) days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party; PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or breach of Lessee by giving two (2) days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the 'United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (1) year, subject to the some terms and conditions as herein contained in this lease. That Lessee shall have no expectation of renewal and that the term ofthis lease is only for the time specified herein, subject always to the termination provisions and regardless of the length of time that Lessee has occupied the leased property, or the construction by Lesser of any buildings, structures, works, paving, barricades or personal property placed thereon. Page 2 - - MRY. 4. 1999 4: 35PM f EC lU & RL ST HUG, FL NU. -510 r. 4 E, That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS: 1. To keep the leased property and any buildings or other structure, now or hereafter erected thereon, in good condition and repair at Lessee's own expense during the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway shall have no duty to inspect or maintain any of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without fast obtaining the approval in writing by Railway of the location, material and construction of the same, 4. Not to sublet the leased property or any part thereof; nor assign this lease, without the consent in writing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. S. Not to take any action or allow any action to be taken by third parties which will interfere with or disparage Railway's title to the leased property, 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its properly. 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased property or premises, or any use disapproved by Railway. 8, To indemnify, save and hold harmless Railway, its agents, servants and employees frmn and agAirgi all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and Page 3 MRY. 4.1999 4:36PM FEC ID & RE ST RUG,FL N0.310 P.S officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee; whether due or claimed to be due by sole or joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's buildings, structures, works and any personal properly' whatsoever of Lessee, situated, placed, kept or stored on or near the property or premises hereby leased, as well as on account of loss or damage to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property Hereby leased; whether due or claimed to be due by sole or joint negligence of Railway, its employees, agents or servants or otherwise. 10. To indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising from Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. Railway shall have the right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in cases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased property and to ensure Lessee's compliance with the terms and conditions of this Lease. 11. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail materials, cross -ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. I2, To perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. 13. To pay, within thirty (30) days after presentation unto Lessee by Railway of bills for the same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof the amount of any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. Page 4 MAY. 4.1999 4:37PM FEC ID & RE ST AUG,FL N0.310 P.6 15. To pay, either direody or upon bills presented unto Lessee by Railway within thirty (3 0) days after presentation of the same~ all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, save and hold harmless Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, order, permit consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otherwise, required for the use of the premises hereinabove described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in compliance with the terms and conditions of this lease, and Lessee shall hold Railway harmless as to any such use. 18. That none of the provisions of Paragraph "A" hereof shall be construed as any waiver by Railway of any landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such structures, buildings or personal property from the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease, on or before any termination date of this lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway, PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby leased property or premises and/or storage thereof and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or storage of any buildings, structures, works or personas properly shall be paid by Lessee unto Railway forthwith upon demand for same. 20.r,nnd8mnAtinn Should the Leased Pre�!ises betaken by eminent domain proceedings, or sold under the threat thereof, any award of the same shall be the property of the Lessor, whether such award shall be made as compensation for the taking of the fee, or for leasehold damages, or for diminution in value of the Lessee's leasehold interest or as severance damages; provided, however, that Lessee shall only be entitled to seek compensation from the condemnor for loss of or damage to its improvements, loss of its business, and for relocation expense, Except as aforesaid, Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation or damages of any sort resulting form its loss of occupancy of the Leased Premises specified in this agreement. This waiver and relinquishment applies whether this agreement is still in existence on the date of taking or sale, or has been terminated prior thereof. Page 5 MAY. 4. 1999 4 :38PM FEC ID & RE ST RUG,FL N0.310 P.7 21. That it is expressly agreed by and between the parties hereto that any obligations of the Lessee under the teams of this agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve percent (12 %) per annum compounded annually from the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasonable attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. In an action to enforce any of the provisions of this Agreement, the parties hereto specifically agree that venue shall lie in St. Johns County, Florida. 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction thereof. 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other govt agency having jurisdiction thereof, 24. Should any portion of the property described in this lease be used for the loading, unloading or storage of hazardous materials, the Lessee shall (1) be solely responsible for ascertaining that local. state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. 25. It is understood between the parties hereto that Railway reserves unto itself its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected herein leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the herein leased property by said successors, permittees, licensees or other persons. 26. That Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 27. That prior to commencement of any construction on Railway's property, detailed drawings of the proposed construction must be approved by the authorized representative of Railway. Construction shall be interpreted to include, but not limited to: erection of buildings or other structures, installation of drainage facilities, subgrade or other tams, pipes, etc, All drainage Page 6 MAY. 4. 1999 4 :39PM FEC ID & RE ST AUG,FL N0.310 P.6 facilities must be designed to drain surface and other waters away from track structures of the Railway. 28. Lessee acknowledges the fact that the herein leased property may contain fiber optic communication systems, Railway signal and train control cables and other utilities. prior to any digging or subgrade work on the leased premises, you must call SUNSHIM for utility locations at 1- 800 -432 -4770 and the Railway Signal Department at 904 - 826 -2428 for signal and train control cable locations. Proper notification is required for cable locations and field inspections to protect against damages. 29. Lessee agrees that no plants, shrubbery, trees or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains, will be placed on the above described property; in addition to the above restriction, no plants, shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two (2) feet in height, the Railway may trim such vegetation to a two (2) foot height at Lessee's expense; that said plants, shrubbery, trees or other vegetation shall be trimmed by the Lessee so as to maintain this distance from the centerline of the nearest track of twenty -five (25) feet and if such vegetation is closer than twenty -five (25) feet from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five (25) feet of the centerline of the nearest track at Lessee's expense. However, this restriction in no way limits the indemnification provisions of this Lease as set forth in Paragraphs 8 and 9 hereof Also, no plants, shrubbery, trees or other vegetation of a hazardous nature that might produce injury to any person cooling in contact with said plants, shrubbery, trees or other vegetation, will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Railway is strictly prohibited. 30. That Lessee shall, at its sole cost and expense, maintain, repair and/or replace barricades along the � boundaries of the parcel herein leased to confine Lessee's operation to the area leased, subject to the approval of Railway's Chief Engineer. In the event Lessee does not maintain, repair and/or replace barricades within thirty (30) days' after notification by Railway, then, in that event, this Lease Agreement shall be cancelled and Lessee shall immediately vacate the property. 31. This agreement cancels and supersedes that certain Lease Agreement by and between the parties hereto dated , , „ Tµ�', covering the lease of space hereinabove described, lllllllll/ l/ llllllllllJ /I/Illl!1 /llll /l/Ill1 /lll //1111!1 /(l /Ill /l1/llllllllll11 11111111 1/ lll//I 11/ 11/ III IIIII I 11 /lllllll/1 /llllllllllllllll /l Page 7 MAY. 4.1999 4 :39PM FEC ID & RE ST AUG,FL NO. 310 P. 9 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sewed and delivered FLORIDA EAST COAST RAILWAY in the presence of, COMPANY, a Florida Corporation Witnesses as to Railway (Print Name) (print Name), Witnesses as to Railway Witness as to Lessee (Print Name) Witness m to Lessee (Print Name) Page 8 By: (SEAL) R, F. MacSwain (Title) Attest: Assistant Secretary (Print Name) Date of Execution: Corporation By: (SEAL) President (Nnt Name) Attest: Secretary (Print Name) Date of Execution: May 27, 1999 RESOLUTION 69, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA EAST COAST RAILWAY COMPANY FOR BEAUTIFICATION AND MAINTENANCE OF A 1,000 FOOT AREA OF THE HIGHWAY RIGHT -OF -WAY LOCATED IMMEDIATELY SOUTH OF BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate A-1 -A by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate A-1 -A by landscaping; and WHEREAS, funding to accomplish this project has become available through the Board of County Commissioners and the State of Florida, Department of Transportation. 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 authorizes the Mayor and City Clerk to execute the Lease with Florida East Coast Railway Company, a sample copy of which is attached as Exhibit "A ". SECTION 2: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE 1999. JOSEPH R. RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 69, 1999 PAGE 2 AYE NAY ABSENT � I IJ c I �(D Cluster Cabbage Palms at Nose by -xroy,W M� Snowberry Vine/Shmb for color —I- � I 43. aftch to a -) IN I Slas Pi �s in Mulch Bed -- m —I � CD O East Palatka Holy duster (atiot ,c ,--a in Fakahatchee Grass m N-p. O bt sv 0 ( W to g_ C Badcklg HadQOrOW of Sadhem Retl Cedar in MUCK N wa. T ow q '7+_ --- — •I • I ctI I R COD _ C n I R ; Nww � N'(OD ==3 °o Cluster Cabbage Palrns at Nose i tv-x neghW I Live Oaks in Cordgrass .—Ed Rd . —..—� -W hr- xnegnw ! Spot Locate East Palatka Holly-- r atay Trees ceerl Slash Pines In Mulch Bed D �t + ; —- — hz -x u°gn W T -r-1 m o rn East Palatka Holy duster lax - -r tcl>ae Grass tl D ��_ htFs� oci I $ CO D -- RO_w:_ Double Staggered Row I y D -' m Wax Myrtle shrubs in Mulch Beds ta, rr oct I I R 6 > D I I tl £ I II d v? 7 i CD lV FFlorlda me Crass b Cl) o 'Gold Mound Lantana I > for color (#3.2,r oc) I I tl D t_<n' w I I t,; °z x- a I % g4y9� Gg m 'Alternate A -1 -A �iy3 " "r ❑ jj .- = Beautification Project , tMO, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 7, 1999 Date of Meeting: June 17, 1999 SUBJECT /AGENDA ITEM: Workshop /First Reading: Petition TXT -99 -05 entitled "Automobile Dealerships ", a request by the City of Palm Beach Gardens Staff, to amend the City's Land Development Regulations to include the definition for "Automobile Dealerships" in Chapter 78 -2 of the City Code, and to create Chapter 118 -314 specifying the requirements and restrictions that shall accompany this use. RECOMMENDATION /MOTION: Staff recommends that City Council approve Ordinance 22, 1999. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w /conditions ACM Current FY qp*I may' [ ]Denied Human Res. NA Other NA Funding ource: g [ ]Continued to: Advertised: Date: 7/16/99 [ ] Operating Attachments: Paper: The Palm [ ] Other Ordinance 22, 1999 Beach Post [ ] Not Required Submitted by: Growth Management �� Affected parties Budget Acct. #: Director City Residents and future developers [X] Notified on 7/16/99 [ ] None Approved by: City Manager [ ] Not required RATIONALE: Staff is requesting that the City amend its Land Development Regulations to allow for the regulation of automobile dealerships. Currently, the only section of the City Code that addresses automobile dealerships is Section 118 -246 (Chart of Permitted and Conditional Uses), which limits automobile and truck sales to areas zoned Intensive Commercial (CG- 2). Furthermore, the City Code prohibits outdoor sales, therefore an automobile dealership in the City would have to be totally enclosed. This amendment will enable the City to require a specific lot size for automobile dealerships. This amendment will also provide criteria enabling the City to regulate the following: - repairs and maintenance (including paint and body) - off - loading vehicles - fencing and screening - displays - testing - parking - exterior lighting - security - industrial vehicles - storage This proposed amendment stems from inquiries received by Staff regarding automobile dealerships and the requirements for this use in the City. LAND DEVELOPMENT REGULATIONS COMMISSION: The consistency of this petition with the City's Comprehensive Plan was evaluated by the Planning and Zoning Commission sitting as the Land Development Regulations Commission at their March 23, 1999 meeting. The Commission found this petition to be consistent with the Comprehensive Plan. PLANNING & ZONING COMMISSION - MARCH 23,1999: The Planning and Zoning Commission reviewed this petition at their March 23, 1999 meeting. Staff had proposed strict regulation of automobile dealerships in the City, and included restrictions regarding business operations in the interior of a proposed automobile dealership site. These restrictions covered the use of display rooms, repairs and maintenance, loudspeakers, off - loading of vehicles, and displays. The Planning and Zoning Commission commented that they understood that Staff was trying to establish some sort of language in the Code that adequately addresses automobile dealerships, but the Commission felt that the proposed Code was too restrictive, and that sufficient screening would make many of the proposed restrictions 2 moot. The Commission recommended that Staff revise the proposed ordinance by removing the items that would not affect the surrounding community because of the fencing /screening requirements being proposed in this ordinance. PLANNING & ZONING COMMISSION - April 13,1999: At their April 13, 1999 meeting, the Planning and Zoning Commission voted to indefinitely postpone the proposed text amendment, and its accompanying public hearing, so that it could be more adequately researched and revised. STAFF'S REVISIONS: The Growth Management Department revised the proposed ordinance by removing all language restricting display rooms, loudspeakers, and landscaping (already addressed in other sections of the code). Restrictions on repairs and maintenance, off - loading of vehicles, and displays were also reduced. Finally, the proposed code language covering fencing and screening was revised so that there would be a six (6) foot high wall surrounding a proposed site where it faces a residential zone or a public street. Property lines that do not face a residential zone or a public street may have a six (6) foot high chain link safety fence (with a minimum of 75% opacity) or a wall that is six (6) feet in height. PLANNING & ZONING COMMISSION RECOMMENDATION (May 25,1999): This petition was heard by the Planning and Zoning Commission on May 25, 1999 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition TXT- 99 -05, a request to amend the City's Land Development Regulations to include the definition for "Automobile Dealerships" in Chapter 78 -2 of the City Code, and to create Chapter 118 -314 specifying the requirements and restrictions that shall accompany this use. STAFF RECOMMENDATION: The Growth Management Department recommends that Ordinance 22, be approved, thereby more clearly regulating automobile dealerships protecting the health and welfare of the City residents by limiting where businesses can operate within the City. g /short: txtautoxc fjI K3 1999 (attached) in the City, and and how these June 7, 1999 ORDINANCE 22, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 78 -2 OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS ", BY ADDING A DEFINITION OF "AUTOMOBILE DEALERSHIPS "; PROVIDING FOR AN AMENDMENT TO ARTICLE V, SUPPLEMENTARY DISTRICT REGULATIONS, OF SECTION 118, ZONING, IN THE CITY OF PALM BEACH GARDENS CODE OF ORDINANCES, TO CREATE SECTION 118 -314, ENTITLED "AUTOMOBILE DEALERSHIPS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has determined that specific requirements and procedures are needed to address the existence and daily operations of automobile dealerships in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SECTION 1. Section 78 -2 of the City's Code of Ordinances, entitled "Definitions ", is hereby amended by amending or inserting, in alphabetical order, the following terms and definitions (added words underlined; deleted words struck): Automobile Dealership means an establishment engaged in the lease and /or wholesale and /or retail sale, from the premises, of motorized vehicles or equipment (new or used), excluding industrial, agricultural, and recreational vehicles used for transportation or hauling, with or without incidental service or maintenance. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby amends Article V, Supplementary District Regulations, of Section 118, Zoning, of the City of Palm Beach Gardens Code of Ordinance, to create a section 118 -314 entitled "Automobile Dealerships" as follows: (a) Site. - Automobile dealerships shall have a minimum of one (1) permanent building on site, that is used solely in connection with motor vehicle sales and /or leasing. (b) Lot size. Minimum lot size for automobile dealerships shall be: minimum frontage of 125 feet; minimum lot depth of 200 feet; minimum lot width of 125 feet, or a minimum lot size of 3 acres. Ordinance 37, 1999 Page 2 (c) Repairs and maintenance, including paint and body shop. All repair work shall be conducted at a distance of no less than 100 feet from any residential zone, and the service doors shall face away from any residential zone. Repair work shall not be visible from off -site, and the outside storage of disassembled vehicles and /or parts shall be prohibited. Any wash facilities on site shall be located at a minimum distance of 100 feet from any residential area. A wash facility must also use a City- approved water recycling system. Fuel pump islands shall not be visible from off -site, and shall be located at a minimum distance of 100 feet from any residential zone. (d) Off - loading vehicles. The off - loading of vehicles on site shall occur at a minimum distance of 100 feet from any residential zone. The vehicle off - loading area shall be designated, marked, and signed in a manner consistent with the City Code. The vehicle off - loading areas shall be a minimum of 15 feet in width and 60 feet in length, and shall be located in an area out of vehicular traffic circulation that includes a sufficient maneuvering area. Off - loading vehicles used to transport other vehicles shall not be stored or kept on- site for more than 24 hours. (e) Fencing and screening. All automobile dealerships shall have a six (6) foot high wall surrounding the site where it faces a residential zone or any right -of -way. Property lines that do not face a residential zone or right -of -way may have a six (6) foot high chain link safety fence (with a minimum of 75% opacity) or a wall that is six (6) feet in height. (f) Displays. No vehicles displayed on site shall be elevated in any manner from the ground or ground floor of a building. No vehicle on site shall be displayed in a right -of- way or driveway. If a specialized vehicular use area is utilized for display, a barrier approved by city staff shall separate the area in question from customer parking. (g) Testing. Test drives or demonstrations of sale or repaired vehicles shall not be conducted in residential zones. (h) Parking. Parking requirements are as follows: space for each 250 square feet of enclosed floor area, and space for each 4,500 square feet of area on site excluding the buildings, and 1 space for each service bay, and 1 space per employee of the shift with the greatest amount of employees. NOTE: Vehicle storage, sales, or display areas shall not be counted toward meeting the parking requirements. D Ordinance 37, 1999 Page 3 (1) Exterior lighting. All exterior lighting shall not exceed 25 feet in height, shall be directed away from adjacent properties, shall be confined to the site, and shall not exceed the illumination standards for parking lots within the Code. (j) Security. When the facility is not open to the public, the parking area shall be gated and locked. (k) Storage. Storage of automobiles may occur on an approved parking surface as defined by this and other sections of the City Code of Ordinances. SECTION 3. 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 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. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption PLACED ON FIRST READING THIS 17 DAY OF JUNE, 1999. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS MAYOR JOSEPH R. RUSSO DAY OF , 1999. COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK , 1999. ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short: txtauto.or4 /p Ordinance 37, 1999 Page 4 APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 17, 1999 Date Prepared: June 7, 1999 Subject /Agenda Item Ordinance 23, 1999 to amend Ordinance 20, 1997 — Christ Fellowship North Recommendation/Motion: Staff recommends approval of Ordinance 23, 1999 with four conditions of approval. Reviewed, b Gh r, u1 P City Attorn y Originating Dept.: Growth Management Costs: $ Total Council Action: [ ] Finance NA ACM 401 $ Current FY [ ] Approved w/ conditions Human Res. NA [ )Denied Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Ordinance 23, 1999 Applicant letter, 5 -11 -99 Revised elevations [ ] Not Required Site plans Site detail sheet Submitted by: Growth N anagement Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: Petition MISC- 99 -09, a request by Dave Gregg, agent for Palm Beach Gardens Christ Fellowship, Inc., for approval of minor amendments to the elevations of Buildings A, B and C and to the floor plan of Building A. (14- 42S -42E) Agenda Cover Memorandum Page 2 BACKGROUND: June 17, 1999 The Christ Fellowship Planned Unit Development (PUD) was approved by Ordinance 20, 1997 in November of 1997. Currently, the PUD is under construction. The applicant has made some minor design element changes to the elevations of Buildings A, B and C. Building A, formerly the Adult Education Building, will be designated as multi - purpose in use; Building B, formerly the Children's Education Building, will be primarily used for children activities, but is also considered multi - purpose in function; and Building C remains the main sanctuary REVIEW PROCESS: This is an amendment to a PUD, which requires approval by the City Council. The City Council reviews the request for consideration of approval or denial. The petition is not heard by the Development Review Committee or the Planning and Zoning Commission. LAND USE AND ZONING: The site is currently zoned Residential Low (RL3) with a Conditional Use overlay. The land use designation is also Residential Low (RL). PROJECT DETAILS: Building A The applicant has changed Building A by changing the use from Adult Education to multi- purpose and by changing the floor plan. The square footage of the building and the footprint of the building remain the same as the Building Division originally approved them. The floor plan originally submitted to the Building Division contained a large food court, a chapel, and Bible study rooms. These two rooms have now been presented as one multi - purpose room. The applicant has presented a limit on the total number of people in the building at any one time. The larger room can contain a total of 244 people while the smaller room can contain a total of 208 people for a grand total of 452 people. This number is 35 less than what was originally approved by the Building Division (487). Note: City Council did not review the original floor plans of Building A and it was not included on the exhibit list of Ordinance 20, 1997. These changes, and the life safety codes, required some rearrangements of the windows and doorways in Building A. Building A was also changed by rearranging the window and door locations and by removing some decorative columns. Details of these changes are explained in the attached letter from Glenn Pate & Associates, which is dated May 11, 1999. Agenda Cover Memorandum June 17, 1999 Page 3 Building B The former Children's Education building is now designated as Building B. Building B had some minor changes to the elevations, including the addition of a handicap ramp. See attached letter for a detailed explanation. Building C Building C is the main sanctuary. The applicant made various window and door changes to comply with Life Safety Codes. Decorative columns have returned to the original locations. Additional changes are detailed in the attached letter. Staff concerns Staff is concerned that Buildings A and B will be used for church services simultaneously with the main sanctuary, either live or with closed circuit television. Simultaneous services could have the effect of causing the site to exceed its approved capacity. Similarly, simultaneous service broadcasts from the north campus to the south campus could have the effect of exacerbating traffic problems on Northlake Boulevard. Therefore, staff is recommending conditions of approval forbidding simultaneous services, and the petitioner has agreed to these conditions. There have been no changes to the site plan or the landscape plan. Also, the pedestrian and traffic circulation patterns remain the same. The approved site plan (Sheet ASP -11) and site data for this project are attached as informational exhibits. Also attached is a reduced architectural site plan (Sheet SP -1) showing the revised building designations. April 26, 1999 May 21, 1999 ORDINANCE 23,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO ORDINANCE 20, 1997 TO PROVIDE FOR MINOR CHANGES IN THE ELEVATIONS AND FLOOR PLANS OF BUILDINGS A, B, AND C IN THE CHRIST FELLOWSHIP PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. to amend Ordinance 20, 1997 to provide for minor changes in the elevations of Buildings A, B and C and to the floor plan of Building A within the Christ Fellowship Planned Unit Development; and WHEREAS, Christ Fellowship was approved by Ordinance 20, 1997; and WHEREAS, the City's Growth Management Department has determined that this request is minor in nature; and WHEREAS, the City's Growth Management Department has determined that approval of said application 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, approves an amendment to Ordinance 20, 1997 to provide for minor changes in the elevations and floor plans of Buildings A, B and C within the Christ Fellowship Planned Unit Development. SECTION 2. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: All of the conditions from Ordinance 20, 1997 shall remain in full force and effect. (Planning & Zoning) 2. Buildings A and B shall not be used as overflow areas or for supplemental seating for presentations, programs, or sermons conducted in the Sanctuary. (Code Enforcement) 3. Simultaneous broadcasts of presentations, programs, or sermons conducted in the Sanctuary to any remote location, on -site or off -site, shall be prohibited. (Code Enforcement) 4. Building A shall be limited to a capacity of 452 people. (Code Enforcement) SECTION 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. March 19, 1999 Architectural Site Plan, Glenn Pate & Associates, Sheet SP -1. 2. May 11, 1999 Building A Elevations, Glenn Pate & Associates, Sheet A -4. 3. May 11, 1999 Building B Elevations, Glenn Pate & Associates, Sheet A -4. 4. May 11, 1999 Building C Elevations, Glenn Pate & Associates, Sheet A -7. 5. May 11, 1999 Building A Elevations, Glenn Pate & Associates, Sheet A -8. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS DAY OF 1999. _ DAY OF 1999. INTRODUCED, PASSED AND ADOPTED THIS DAY OF ATTEST: LINDA V. KOSIER mm VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT \\MAINSERV ER\ COMPROG \ShortRange\MISC9909.RE.doc '1999. R r I I' I hi O U O 6 a LIe�.. -L` _I'kA (an camC representative of the 0anning and Zoning Dkision I6 ( Iw - 4I'rrmCIT URAL SITE fmLwAN (T SITO : 4066 AMA: 19B1 ACRES OPW 6PAC& 305,109 SF. C 353 ) • NOT INCLUDING GRASS PARKING LOCATiom SECTION 14, TOWNSHIP 42 S., RANGE 42 E. PALM BEACH GARDENS, FLORIDA PARKINO: OARA b 6PACSS, PAY110 6PACM& Ra 6PACN& TOTAL. PAPW-M PROVOM 6Ud4W= PA Nd RATIO: 1150 SEATS m 1/2 ZON INCO: PRESENT: REOLIESTED: sUILOMS: HOUSE OF WORSHIP: CHILDRENS EDUCATION: ADULT EDUCATION: I" TOTAL BUILDING AREA: HOUSE or WORSHIP HEIGHTS: 0 683 203 to 904 SPACE TOTAL 815 PARKING SPACES P.D.A. P.UD. 55,689 SF. 16,118 S.F. / r, 12,193 S.F. 85 ;00 SF. 26' • EAVES 34' -6' o MIDPOINT or ROOF 43' -0' 9 ROOF RIDGE 82' -0' a STEEPLE HT. Sites Data: ric I -95 MILITARY TRAIL m PROJECT V ~ U U� P4 m a� a REVISIONS: Ai Im / 9, /\1(/12/97 / 3� of loll 9a /4\ 05 /01/ S8 /�\ 0-1 /02/ SS A oa iioi sa 1 e3 '�I I �,_ lif O — O O p O O I O I ( ... . ....... t t I • � � iI cu a -..L_' i I , Ell riz iL ♦I.r . vr' 9 f o 01 6 I e• I 4 1 I 1 r 1-11-16 ' r w w w .r u• .r w i` :1 M' ILI I' Z!F. °. tU?-L 6 L � � •. i .P 10 1A m r R � I ! ,o( I t ,f c I w f . 'tl ,s 7 �q Nortnrwcc ecw. I .I ark raw ASSOCIATES, Planners May 11, 1999 James K. Norquest City of Palm Beach Gardens — Principal .Planner 10500 N. Military Trail Palm Beach Gardens, FL. 33401 Re: Christ Fellowship Church Dear Mr. Norquest: Please find attached floor plans and elevations depicting the minor necessary revisions required on Buildings A, B, and C of Palm Beach Gardens Christ Fellowship Church. Please note the revisions are necessary for either compliance to Life Safety Codes or Mechanical equipment rooms resulting from design requirements. For your convenience we have listed the revisions to each attached plan. In addition, we have stated the reasons for each of the revisions listed. Please be advised that the.occupancy remains the same for Buildings A, B, and C as previously submitted. Building `A' • South Elevation a. One (1) pr. 3' -0" x 7' -0" doors with sidelights changed to Two (2) pr. 3' -0 "x T- 0" doors with no sidelights — Additional Egress opening, required for Life Safety Compliance • East Elevation a. Two (2) 3' -0" x 7' -0" doors changed to Two (2) 2' -8" x 5` -3" windows — Revised floor plan eliminated requirement for Egress doors at these locations b. One (1) Glass Storefront system changed to 4' -0" x 7' -0" Hollow Metal door - Location of Mechanical Rooms required change in door type c. Changed configuration of Two (2) Glass storefront systems to single door in. lieu of double door— Single.. door opening meets Life Safety Compliance' Ci1Y b/ . �)�1 MA G'RUWrN.,1�� DEAR M£N /vr 870 Bella Vista Ct.. * Jupiter, Florida . 33477 * (561.) 748- 2945' *'Fax ( 561 ).745-7931 * AA C 001609 Letter To James K. Norquest Page Two • North Elevation a. One (1) Glass Storefront system changed to One (1) pr. 3' -0" x 7' -0" Hollow Metal (H.M.) Door and One (1) 4' -0" x 7' -0" H.M. Door — Location of Mechanical Rooms required change in door types b. Changed configuration of Two (2) Glass storefront systems to single door in lieu of double door — Single door opening meets Life Safety Compliance West Elevation a. Two (2) 3' -0" x 7' -0" doors and One (1) 2' -8" x 5' -3" window changed to Two (2) 2' -8" x 5' -3" windows — Revised floor plan eliminated requirement for Egress doors and window at these locations b. One (1) pr. 3' -0" x 7' -0" doors added to plan — Location of Mechanical Rooms required an additional door at this location c. Two (2) Glass storefront systems increased to Four (4) Glass Storefront systems — Additional Glass Storefront systems brings total for building to ten (10), same as approved plan d. Changed configuration of Two (2) Glass storefront systems to single door in lieu of double door — Single door opening meets Life Safety Compliance Building `B' North Elevation a. One (1) 3' -8" x 7' -0" door added with Concrete and Masonry Ramp — Additional Egress opening required for Life Safety Compliance • West Elevation! a. Eight (8) 2' -8" x 5' -3" windows changed to Nine (9) 2' -8" x 5' -3" windows and Three (3) pr. 3' -0" x 7' -0" doors — Revised floor plan created additional Egress openings for Life Safety Compliance b. Decorative fiberglass columns in lieu of masonry knee wall with aluminum screen enclosure at covered porch. — Revised back to original submittal Building 'C' • East Elevation a. One (1) 8' -0" x 5' -3" window added in Foyer — Window added for natural lighting in Foyer City of P. B. Gardens ~� Y 12 1999 GROWTH MANAGEMENT DEPARTMENT Letter To James K. Norquest Page Three b. Four (4) decorative columns changed to Two (2) decorative columns — Eliminated two (2) columns next to building because of interference with vehicular traffic. Remaining two columns were enlarged to match columns at main entry • South Elevation a. Five (5) pr. 3' -0" x 7' -0" entry doors changed to Four (4) pr. 3' -0" x 7' -0" entry doors — Four (4) pr. entry doors meets Life Safety requirements and is a more balanced appearance for main entry • West Elevation a. One (1) 8' -0" x 5' -3" window added in Foyer — Window added for natural lighting in Foyer • North Elevation a. Elevator tower added — Conflict between structural and mechanical designs forced relocation of elevator to an outside wall location b. Two (2) pr. of 3' -0" x 7' -0" doors and (2) Two pr. of decorative fiberglass columns omitted — Revised floor plan relocated doors to east side and west side respectively. Columns were omitted. c. Four (4) 3' -0" x 7' -0" H.M. doors added — Revised floor plan required Two (2) additional Egress openings for Life Safety Compliance. Location of mechanical equipment required Two (2) doors for access. Please contact me if you have any questions or request any additional information. Thank you. Sincerely, GLENN PATE & ASSOCIATES, P.A. Glenn Pate Attachments cc: Webb Builders, Inc. Christ Fellowship Church, Inc. City of PB Gardens MAY 12 1999 GROWTH MANAGEMENT DEPARTMENT 9� F " -1 m z x al �Q O4 a� $ qq \ 81: $ p 4 � EC, � O 11 A Z d � 0 z I - ------- - - - - - -- - ........ - - �x L fyw Q° 1` �o A @ L 1$� O YI E C C C - - - -I - - r I - . 1 i i 1 == 1- L fyw E C C C - - - -I - - r I - . 1 i i 1 == 1- OR nano c Von 8� s u r Kul a 1W. �1110 i' -tt r 0 s -u r z .ED � N' Csa • ii�� C0 G OR nano c Von 8� s u r Kul a 1W. �1110 i' rniM � old ��%e K% 12 V 0 17 sa It 11Ed ,Z � A .I �r 0 0 rp r-I I i . s �n all I I. I ME]]] I i i' N Mi r M n . s ■ l a p$n 3 F� J L 1 �d 0° ■ ■ '1 I! 1 �d 0° T 1 i �~ b �' 1 IE m m r pf ............ ,,,,,,,,,, B� Z O it m r m KKpb tZ °r. ci p 1` Z O XI m r X01 �z .D W Q L S= 333N m x Z O it m r m KKpb tZ °r. ci p 1` n n i Ez c r I -e z. �4 m <' E i iz a n n i Ez c r I �I a A 5 h � m H O R m s _ - - - -- Bills �o 2 O Z ^`w Y O O ON L� I -_- aD =11= ©D = a III— _�ciY✓0 1� m sl{ 1 I I 1 II 1 1 1 I s- I 1 I 1 1 �o 2 O Z ^`w Y O O ON L� I -_- aD =11= ©D = a III— _�ciY✓0 1� m sl{ �I 1� 'I 1� 1, 1 lit z Hit, Rol Cl✓/ 11; WATTERSON, HYLAND & KLETT P R O F E S S I O N A L A S S O C I A T I O N CAROLE WALLACE POST ATTORNEY AT LAW via Facsimile and U.S. Mail Richard H. Willits, P.A. 2290 10th Avenue North Suite 404 Lake Worth, Florida 33461 JUN - 31999 • i June 3, 1999 1 Re: City of Palm Beach Gardens v. General Accident Our File No. 319.069 Dear Dick: This is in response to your letter dated May 26, 1999, indicating an offer of settlement by General Accident in the amount of $100,000.00. Based upon your recommendation, and our several discussions on this subject, you are hereby authorized to accept the offer of $100,000.00 as full and final settlement of this matter. The settlement should resolve all matters fully and completely, including costs and attorney's fees. Please forward settlement documents to me for final approval. Very truly yours, Carole Wallace Post cc: Bobbie Herakovich, City Manager P: \C P \H I STO RY\1080 \18. 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