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HomeMy WebLinkAboutAgenda Council Agenda 060399All 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 JUNE 3, 1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello III. ANNOUNCEMENTS: IV. CITY MANAGER REPORT: 1. Construction Manager's Report 2. MIS Expenditure Report V. PRESENTATIONS: 1. Northlake Boulevard Corridor Plan by Team Plan, Inc. 2. Traffic Study Report by Palm Beach County 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. Awarding of Bid for Construction of the Pedestrian Bridge on MacArthur Boulevard. 2. Consideration of Approval of Minutes of 5/20/99 Regular Meeting. 3. Resolution 65, 1999 - Consideration of Approval of an Agreement with Palm Beach Gardens Youth Athletic Association for Use of City Recreational Facilities. IX. PUBLIC HEARINGS: 1. 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. (Adv. 5/19/99; Consideration of Second Reading and Adoption). 2. 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 AIA 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. (Adv. 5/19/99; Consideration of Second Reading and Adoption) CITY COUNCIL REGULAR MEETING, JUNE 3, 1999 PAGE 2 X. RESOLUTIONS: 1. 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 Northeast Corner of Military Trail and Northlake Boulevard. 2. Resolution 51, 1999 - Consideration of Approval of Soveral Harbor Concurrent Processing 3. Resolution 61, 1999 - Consideration of Approval of a Sign Variance for 3902 Burns Road. (Adv. 5/5/99) 4. Resolution 66, 1999 - Consideration of Approval of Roly's Outdoor Seating at Oakbrook Square Shopping Center. 5. Resolution 67, 1999 - Consideration of Approval of an Amendment to the Approved Site Plan for the Development known as "Sunny Plaza." XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 23, 1999 - Providing for Approval of an Amendment to Ordinance 20, 1997 to Provide for Minor Changes in the Elevations and Floor Plans of Building A, B, and C in the Christ Fellowship Planned Unit Development; Providing for Conditions of Approval (Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: 1. Staff Initiated Comp Plan Amendments XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. MONTHLY CONSTRUCTION STATUS REPORT 3 JUNE 1999 SCHEDULE THE CONTRACTOR IS CONTINUING TO PICK UP THE PACE OF THE WORKBY CO- ORDINATING HIS WORK AND USING HIS SCHEDULE AS A TOOL TO DIRECT HIS WORK. ALTHOUGH THE JOB OVERALL REMAINS APPROXIMATELY TWENTY FIVE DAYS BEHIND SCHEDULE THE CONTRACTOR BELIEVES THERE WILL BE A MAJOR IMPROVEMENT OVER THE NEXT THIRTY DAYS. THE CONTRACTOR FEELS CONFIDENT THAT HE WILL MEET SUBSTANTIAL COMPLETION BY LATE NOVEMBER. CHANGE.ORDERS. THERE ARE NO CHANGE ORDERS TO PRESENT AT THIS MEETING. CITY HALL WITH THE INSTALLATION OF THE WINDOWS AND FELT PAPER ON THE ROOF THE BUILDING IS RAPIDLY APPROACHING A DRY IN STATUS. THIS WILL ALLOW THE FRAMING OF THE SECOND FLOOR AND INSTALLATION OF DRY WALL ON THE FIRST AND SECOND FLOORS. WORK CONTINUES ON THE INSTALLATION OF THE HVAC SYSTEM, DUCT WORK AND MECHANICAL TRADES. FIRE STATION THE INSTALLATION OF THE ROOF IS COMPLETE AND WINDOWS WILL BE INSTALLED IN THE NEXT THIRTY DAYS. ELECTRICAL ROUGH AND STUD WALL WORK IS PROGRESSING AT A GOOD PACE. page 2 status report, 3 JUNE 99 POLICE STATION THE ROOF INSTALLATION IS COMPLETE ON THE MAIN BUILDING AND MOST OF THE WINDOWS HAVE BEEN INSTALLED. DRYWALL IS BEING INSTALLED ON BOTH FLOORS ALONG WITH ELECTRICAL AND DATA DROPS FOR INDIVIDUAL ROOMS. STUCCO IS BEING APPLIED AND SHOULD BE COMPLETE IN THE NEXT 25 DAYS. GRADING HAS STARTED ON THE POLICE DEPARTMENT PARKING LOT AND PAVING SHOULD COMMENCE WITHIN THE NEXT THIRTY DAYS. DURING THE PAST THIRTY DAYS MEETINGS HAVE BEEN HELD WITH THE CONTRACTOR, SUB - CONTRACTORS, BUILDING OFFICIALS, ENGINEERS AND ARCHITECTS RELATIVE TO FIRE SAFETY ISSUES, FRAMING ISSUES, STUCCO INSTALLATION, GRADING ELEVATIONS AND UTILITY INSTALLATION. IN ALL CASES THE MEETINGS WERE MOST PRODUCTIVE AND ISSUES WERE NOT ONLY RESOLVED BUT HEADED OFF FROM BECOMING AN ISSUE. Yf _ K � O 6' ca .v C� CL CL 00 CL p. � '1 :;, rr �g, 'S�3•Jr l�1�'t, �r�. o_ .\ *y♦... t _ rt,-_ "� .. ,T a ,;f' 1•�5,� 'Y yF tfz 'e..I '�-.`t � - �'w •a r. p,., � -'.1 ! l • _ � `., P S r J ' ', �: "'F, �° ^ i. .. - / r i;v` >' •'� ;,,�_ �*si.'�'°:9�r.•��J ,I. � t �� y say #� {`3" r d`r l .ta f _ /• �r`,'i) ♦ TE. s it •.'r •- L' \,i1 .:.i �a •4 .`7 #¢� ^�T a' t� {.. f.• f �'st'' -�e !� /7 t "•l� ij � .•+ i, .rtr �.'.. •�,... •�� Du ri�Y - -JJ'. 4 i_r !� 611.:• E } r ,>S.. f } '•.*��� (t ud J X76 rf !�N, .. \ � a� \� /} `.. t=, j �•. Tj .� ®. • �..}tL,Y . 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CD -. yyyC) 2 U1 ` i �1V LO CN � , cr, r Q -� r a� ca man= low-. --AL man= 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of May 31, 1999 Bond Interest Proceeds Income $4,411,495 362,833 $4,872,445 437,556 $4,418,700 180,704 Total Total Remaining Revenues Expenditures Balance 4,774,328 4,774,328 $0 5,310,001 5,270,714 $39,287 4,599,404 1,785,818 $2,813,586 Total $13,702,640 981,092 14,683,733 11,830,859 $2,852,873 City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through May 31, 1999 Inception 1996/1997 1997/1998 1998/1999 To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,277,630 2,969,869 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 54,892 23,704 78,596 0 Total 1996 Capital Projects Fund 1,073,193 2,338,391 1,362,744 4,774,328 0 1997 Capital Projects Fund Architectural services 43,828 43,828 0 Bond issuance costs 23,484 0 23,484 0 Construction costs 5,159,270 5,159,270 0 Land Acquisition 0 0 0 Construction Manager services 19,800 19,800 0 Other expenses 24,332 24,332 0 Total 1997 Capital Projects Fund 23,484 0 5,247,230 5,270,714 0 1998 Capital Projects Fund Architectural services 0 91,449 91,449 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 1,621,931 1,621,931 633,580 Land Acquisition 0 0 0 0 Construction Manager services 0 32,123 32,123 9,965 Other expenses 0 19,906 19,906 7,694 Total 1998 Capital Projects Fund 20,248 1,765,570 1,785,818 651,239 1999 Capital Projects Fund 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,358,639 8,375,544 11,830,858 651,239 Suffolk Construction Contract as of May 31, 1999 Original Contract Amount $13,132,520.00 Change Order #1 - demolish light poles at ballfields $24,264.00 Change Order #2 - Increase irrigation line sizes for ballfields $58,134.00 Change Order #3 - Replace four drainage structures to run line deeper $12,544.00 Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing ($88,268.00) PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts $4,359.00 PCO #21 - Add waterproof membrane along backside of wood trusses on concession bl $3,311.00 PCO #24 - Install additional showers in Fire Department $6,602.00 PCO #25 - Add drainage structure as required by Seacoast $3,017.00 PCO #26 - Modify laundry room in Fire Station $5,659.00 PCO #27 - Remove existing two inch slab at Fire Station $2,081.00 PCO #28 - Delete access flooring in Fire Station ($7,775.00) PCO #29 - Install additional floor the in certain areas $3,499.00 PCO #31 - Change 95 ft. of PVC pipe to ductile iron $1,494.00 PCO #33 - Allowance deletion from contract to purchase site furnishings directly ($18,000.00) PCO #35 - Tax savings and direct payments to vendors ($691,886.41) PCO #36 - Add panel partition support at Police Station $3,192.00 PCO #39 - Extend batting cage netting height $2,750.00 PCO #40 - Change five overhead doors at Fire Station to meet hurricane standards $13,803.00 PCO #09 - Delay claim $38,566.00 PCO #22 - Additional concrete for wider sidewalks and bleachers $34,081.00 PCO #37 - Remove light concrete roof found at Fire Station $9,589.00 PCO #41 - Add three windows that meet hurricane standards $8,106.00 PCO #46 - Add Oil /water separator required by code $4,855.00 PCO #51 - Deduct audio visual and Council Seating allowance ($120,000.00) PCO #52 - Removal of footing ($195.00) PCO #53 - Framing in Fire Station - change in design ($680.00) PCO #55 - Chiller yard $24,770.00 PCO #57 - Deduct Allowance for display lighting in lobby ($10,000.00) Total Contract Amount with Change Orders $12,460,391.59 Total Payments to Suffolk through 05/31/99 $7,543,615.00 MUNICIPAL COMPLEX IMPROVEMENTS 05131/99 5/31/99 5131/99 5/31/99 6/27/96 5/29/98 EXPENDED PROJECTED FINAL BUDGETED PROJECTED TO DATE REMAINING PROJECTED COSTS COSTS COSTS COSTS COSTS Construction Costs Contractor (excludes Allowances) 14,514,404 12,639,520 7,543,615 2,429,238 9,972,853 Net Change Orders 337,758 337,758 Direct Payments to Suppliers 1,998,264 668,403 2,666,667 Sub -Total (Suffolk & Suppliers) 12,639,520 9,541,879 3,435,399 12,977,278 Allowances Porcelain Tile - City Hall 10,000 0 10,000 10,000 Porcelain Tile - Police 2,500 0 2,500 2,500 Signage, Kiosks /Sculpture 140,000 0 140,000 140,000 Audio Visual 75,000 0 75,000 75,000 Site furnishings(benches, etc.) 18,000 15,864 2,136 18,000 Council Seating 45,000 0 45,000 45,000 Hardware 150,000 0 150,000 150,000 Sepias(as -built drawings) 2,500 0 2,500 2,500 Wall graphic (City seal at lobby) 5,000 0 5,000 5,000 Lobby Display Lighting 10,000 0 10,000 10,000 Progress photos (Architect/Owner) 4,000 971 100 1,071 Completion & as -built photos (Architect/Owner) 6,000 0 6,000 6,000 Material testing (Supv. by CM) 25,000 15,541 9,459 25,000 Total Allowances 493,000 32,376 457,694 490,071 Permitting, Utilities 164,779 118,541 46,238 164,779 Total Construction Costs 14,514,404 13,297,299 9,692,797 3,939,331 13,632,127 Furnishings Interior Design Consultant 150,000 150,000 14,526 25,000 39,526 Telephone System 60,000 60,000 0 180,000 180,000 Security System 127,380 150,000 0 125,000 125,000 MIS wiring & equipment 150,000 350,000 50,383 1,014,254 1,064,637 Move dispatch center 250,000 250,000 0 250,000 250,000 Furniture 184,000 184,000 1,750 248,250 250,000 Carpeting 130,000 130,000 0 130,000 130,000 Moving costs to City Hall, Police 20,000 20,000 0 20,000 20,000 Window Treatments 50,000 50,000 0 25,000 25,000 Concession stand equipment 25,000 25,000 6,709 25,000 31,709 Tot lot equipment 36,000 36,000 29,998 0 29,998 Appliances 5,000 5,000 0 5,000 5,000 Total Furnishings 1,187,380 1,410,000 103,366 2,047,504 2,150,870 Architectural /Engineering 1,138,513 1,065,000 977,786 87,214 1,065,000 Bond Issuance Costs 175,000 105,000 74,496 22,815 97,311 Art in Public Places 121,645 0 0 0 0 Construction Management 790,690 335,000 275,498 141,600 417,098 Miscellaneous /Contingency 608,223 798,826 71,752 402,610 474,362 Asbestos Abatement 72,200 15,494 35,000 50,494 Threshold Inspection 35,000 21,960 13,040 35,000 Groundbreaking ceremony 5,000 0 0 0 Contingency 656,626 34,298 284,570 318,868 - Irrigation Pump for Complex 0 0 40,000 40,000 Relocate Annex 30,000 0 30,000 30,000 Westminster Church Purchase 635,000 $635,000 635,163 0 $635,163 Total Project Costs $19,170,855 $17,646,125 $11,830,858 $6,641,074 $18,471,932 Sales Tax Savings (39,163) (120,837) (160,000) Net Project Costs $19,170,855 $17,646,125 $11,791,695 $6,520,237 $18,311,932 Approved Change Orders as of May 31, 1999 #1 Demolish light poles at ballfields 24,264.00 #2 Increase irrigation line sizes for ballfields 58,134.00 #3 Replace four drainage structures to run line deeper 12,544.00 #4 Reduce cost for Water line @ Johnson Dairy vs. Jack & Bore (8,573.00) Delete hood fans in the Concession stands (1,367.00) Allowance transfer (170,000.00) Sod and irrigation on infields 10,069.00 Revisions to Water /Sewer drawings 10,769.00 Hurricane glazing for Fire Station 30,838:00 Furnish water service to dugouts 4,832.00 Asbestos removal of existing 14" pipe 936.00 Jack & Bore across Burns Rd 34,228.00 Total for Change order #4 (88,268.00) PCO #17(Change Order #5) - Add concrete cap to block wall at 16 dugouts $4,359.00 PCO #21 - Add waterproof membrane along backside of wood trusses on concession bldgs. $3,311.00 PCO #24 - Install additional showers in Fire Department $6,602.00 PCO #25 - Add drainage structure as required by Seacoast $3,017.00 PCO #26 - Modify laundry room in Fire Station $5,659.00 PCO #27 - Remove existing two inch slab at Fire Station $2,081.00 PCO #28 - Delete access flooring in Fire Station ($7,775.00) PCO #29 - Install additional floor tile in certain areas $3,499.00 PCO #31 - Change 95 ft. of PVC pipe to ductile iron $1,494.00 PCO #33 - Allowance deletion from contract to purchase site furnishings directly ($18,000.00) PCO #35 - Tax savings and direct payments to vendors ($691,886.41) PCO #36 - Add panel partition support at Police Station $3,192.00 PCO #39 - Extend batting cage netting height $2,750.00 PCO #40 - Change five overhead doors at Fire Station that meet hurricane standards $13,803.00 PCO #09 - Delay claim $38,566.00 PCO #22 - Additional concrete for wider sidewalks and bleachers $34,081.00 PCO #37 - Remove light concrete roof found at Fire Station $9,589.00 PCO #41 - Add three windows that meet hurricane standards $8,106.00 PCO #46 - Add Oil /water separator required by code $4,855.00 PCO #51 - Deduct audio visual and Council Seating allowance ($120,000.00) PCO #52 - Removal of footing ($195.00) PCO #53 - Framing in Fire Station - change in design ($680.00) PCO #55 - Chiller yard $24,770.00 PCO #57 - Deduct Allowance for display lighting in lobby ($10,000.00) Total Change Orders (672,128.41) Direct Payments ($652,723.03) Sales Tax Savings ($39,163.38) Allowance deletions ($318,000.00) Net additional Change Orders $337,758.00 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 price /performance 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 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 2,000Mbps). 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. Exhibit #1 Original $150,000 Estimate 150,000 Number Unit Cost Total Cost Wiring for New Building 75,000 Three Servers 3 8,000 24,000 Networking Hardware 3 2,500 7,500 Networking Software 3 2,500 7,500 UPS 3 1,000 3,000 Network Printers 3 6,000 18,000 Workstations 10 1,500 15,000 150,000 Exhibit #2 Current $1.1 Million Proposal Make Model Qty Unit Cost $ Total Cost Cisco Ethernet module 1 1,020.00 $ 1,020.00 LAN/WAN T1 DSU /CSU interface 1 680.00 $ 68100 Cisco Catalyst 6500 5' 6,796.60 $ 33,983.00 'Cisco 6500 Power Supplies 10� 2,716.60 $ 27,166.00 Cisco Supervisor Engine 6 6,796.60 $ 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: 4.080.00 1,' :1 Cisco 3600 router 1 4,420.00 $ 4,420.00 Cisco 3640 IOS IP Software 1 476.00 $ 476.00, Lisco Flash KAM 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 $ 68100 Cisco Training 1 1,995.00 $ 1,995.00 Total LANIWAN $ 359,236.40, 20,000.00 i"C Symmetra 4' 20,000.00 $ 80,000.00' APC Symmetra 1 15,000.00 $ 15,000.00 APC Office UPS 280 120, 80.00, $ 9,600.00, UPS 'CAD System Application Software 1 79,000.00 $ 79,000.00 Micron PC's 30 2,200.00 $ 66,000.00' Compaq Servers 2 12,500.00 $ 25,000.00 Microsoft Windows NT 2 2,500.00' $ 5,000.00 Total CAD Upgrade $ 175,000.00, Net Telcom Cabling 1, 143,951.00, $ 143,951.00, 'Compaq Server 1 15,000.00 $ 15,000.00 Microsoft Exchange Server S/W 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 1 76,000.00 $ 76,000.00 Software 1 50,000.00 $ 50,000.00 Prof. Svcs. 1 16,100.00 $ 16,100.00 Annual Maint/Support 1 13,000.00 $ 13,000.00 Total RMS $ 155,100.00 Network Interface Cards 3COM 3C905B -FX(SQ 130 225.00 $ 29,250.00 3COM 3C985B =SX 10 700.00 $ 7,000.00 Total NIC's $ 36,250.00 Dept. Servers Compaq Servers 2 12,500.00 $ 25,000.00 Total Dept. Servers $ 25,000.00 GRAND TOTAL $1,064,637.40 Exhibit #3 MEMORANDUM TO: Bobbie Herakovich, City Manager THRU: Richard Diamond, Assistant City Manager FROM: YKi-nda 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 4122/99 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 !mown 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 ah-eady 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date prepared5 /2 A 2 Meeting date r i -A/qq Tnst -a1 1 at -i nn nf_ fnnt hri arra nasrf- to MarArt.hiir Rlva _ Rri d (Tp Subject/Agenda Item Piggyback off of Northern Palm Beach Co. Improvement Dist. Contract Recommendation /Motion: with Murray Logan Construction, Inc. Reviewed by: i Originating Dept: Costs: $ 1 n4 : 15 4 . 0 Council Action: Total City Attomey ( ] Approved Public Works Finance K R O $190.000. ( ] Approved Wico,cmans Currenf FY ACM [ ] Denied Human Res. Funding Source: [ ] Continued to: Advertised: Other Date: [X] Operating Attachments: Paper. [ ] Not Required [xj Other GA S TA X IMemo, proposal and contract Submitted by:� Public Works Department Budget Acct #:: Director Affected parties [ ] Notified 16-3000-539.526E ( ] Hone Approved by: City Manager [ ] Not required BACKGROUND: TO: FROM: DATE: RE: CITY OF PALM BEACH. GARDENS 3704 BURNS ROAD • PALM BEACH GARDENS. FLORIDA 33410 -4698 PHONE (561) 775 -8274 • FAX (561) 775 -8279 MEMORANDUM Richard Diamond, Assistant City Manager Bob Patty, Director of Public Works ek�3? May 28, 1999 MacArthur Pedestrian Bridge The Department of Transportation (DOT) conducts bridge inspections every two years for all counties and cities in the State of Florida and special review meetings are held as a result of these inspections. I have personally attended these bridge report meetings in Fort Lauderdale for the past 3 bridge cycles as the City's representative. The results of the inspections are placed into a bridge report that is distributed to the appropriate municipal representatives. The City's Engineering Department and the Public Works Department review these reports for various safety issues The City of Palm Beach Gardens owns 7 bridges that are governed by DOT regulations. Of these 7 bridges, improvements have been made to the Holly Drive Bridge and the Allamanda Drive Bridge for pedestrian safety in the past two budget years. The Neighborhood Initiative Task Force survey identified the MacArthur Blvd Bridge as a priority for pedestrian and school traffic due to an unsafe condition for children walking to school. The amount of $150,000.00 was budgeted in the 1999 Gas Tax Fund Account No. 16- 3000 - 539.5265 for sidewalk linkage and pedestrian improvements. To date only $33,195.00 has been expended. This entire project (the pedestrian bridge and DOT recommended bridge improvements), if approved, should be completed while school is out to avoid traffic and pedestrian problems during school hours. This is the reason the Public Works Department is recommending to piggyback off of the Northern Palm Beach County Improvement District (NPBCID) contract for this type of work. At this time the Public Works Department is asking Council to consider a motion to approve hiring Murray Logan Construction, Inc. who has the current contract with NPBCID to perform the foot bridge work and the DOT recommended bridge improvements on the MacArthur Blvd. Bridge for $109,154.00. Murray Logan's contract with NPBCID was obtained through the formal public bidding process. Murray Logan recently satisfactorily completed the Allamanda Bridge improvements under the same contract. I am attaching a copy of the engineered drawings, NPBCID Contract and proposal for your review. Should you have any questions or comments regarding this, please feel free to contact me. I will make myself available for next Council meeting to answer any questions Council may have. cc: Bobbie Herakovich, City Manager Len Lindahl, City Engineer Kent Olson, Finance Director file 2 MURRA, Y L OGAN CONSTR UCTION, INC. General Cone *actors 313 65th TRAIL NORTH WEST PALM BEACH. FLORIDA 33413 QUOTATION City of Palm Beach Gardens TO 3704 Burns Rd. Palm Beach Gardens, Fla. 33410 Attn: W. Robert Patty NAME Of PROJECT MacArthur Pedestrian. Bridge LOCATION Palm Beach Gardens PLANS AND. SPECIFICATIONS Lindahl, BrOWTan Fetrari' Hlells row jnp WE PROPOSE TO LABOR, IAATERf1L AF16 EQUIPMENT TO PERFORM THE FOLLOWING: 1. Construct pedestian bridge per plan pages 1 thru 6, date 5/27/99. FOR THE LUMP SUM PRICE OF $109,154.00 Notes: 1. See attached schedule of values for cost break down. HURRAY IOGAN CONSTRUCTION, INC. CANNOT GUARANTEE OR BE RESPONsiswrt FOR ROCK BASE WORK CONSTRUCTED BY OTHEgS 1rv;. . 1 BUYERS SIGNED ACCEPTANCE WILL CONSTITUTE A BINDING CONTRACT IN TwE EVENT TH£R f IS ANY DEFAULY IN PAYMENYB DU E UNDER THIS CONTRACT AND THE SAME IS PLACED IN THE HANDS OF AN ATTORNEY COS COLLECTION. THE PURCHA6ER AND /OR PURCHASERS. HEREBY AGREES TO PAN' ALL COST OF COLLECTION. INCLUDING A REASONABLE ATTORNEY -S F£E ACCEPTED: MURRAY ST U 1 BY DATE TITLE D 4J, 8 k­,I9CoA N ZO 39ed Taanw 99VL- 989 -T99 96 :9T 666T /LZ /5e 05/27/1999 15:35 �* � |� , i�- V1 bA ` \\ |\ � rm i - � � , -' 561-686-7*65 h^ � Ll L U- L IL tj MURRl PAGE 03 ` lip CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 28, 1999 Meeting Date: June 3, 1999 Subject/Agenda Item: Approval of one year agreement between the City of Palm Beach Gardens and the Palm Beach Gardens Youth Athletic Association (PBGYAA) for the use of certain recreational facilities. Recommendation /Motion: Consider a motion to approve Resolution 65, 1999, authorizing the Mayor to sign the one year agreement between the City of Palm Beach Gardens and the Palm Beach Gardens Youth Athletic Association (PBGYAA) for the use of certain recreational facilities. Reviewed by: Originating Dept.: Costs: $_-0-_ Council Action: City Attorney Parks and Recreation . Total [ ] Approved Finance $ -0- [ ] Approved w/ conditions Current FY ACM Q [ ] Denied i Human Res. Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ 1 Other n/a 1. Memo from Director of Parks and Recreation 2. Copy of Agreement Submitted by: Sue Miller [ X ] Not Required Department Directo Affected parties [ ] Notified Budget Acct.#:: n/a ( ] None Approved by: City Manager [ ] Not required BACKGROUND: On June 10, 1998 the City signed its first formal agreement with the Palm Beach Gardens Youth Athletic Association (PBGYAA) detailing the responsibilities of each entity with regards to the youth sports programs offered by the PBGYAA. As the one -year agreement expires on June 10, 1999, an new agreement needs to be executed. MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Muller, Director, Parks & Recreation DATE: May 28, 1999 RE: PBGYAA Agreement DISCUSSION: The agreement, as it is currently written, has provided the direction needed for both entities to complete their responsibilities in a professional manner. Neither the PBGYAA, or the Staff feel any changes should be made in the agreement at this time. However, a change was made in the Sports Calendar, with the addition of tackle football and cheerleading being placed in the calendar. Specific highlights of the agreement include: - The City and the PBGYAA have adopted a participants code of conduct which specifies certain penalties for conduct detrimental to the program. - The PBGYAA agrees to conduct an annual audit, by an independent party, and provide the City with a copy of the audit. - The PBGYAA will require that all officers, board members, managers, coaches and assistant coaches complete the National Youth Sports Coaches Association certification program. - The PBGYAA will also have all of the above named complete an annual criminal background check. - The PBGYAA will collect $15.00 from each non - resident participant per sport, and forward the same to the City within 30 days of receipt. RECOMMENDATION: Staff recommends that the Mayor sign the agreement, which would extend the agreement between the City and the PBGYAA through June of 2000. May 25, 1999 RESOLUTION 65, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION ( PBGYAA) FOR THE USE OF CERTAIN RECREATIONAL FACILITIES; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SUCH AGREEMENT ON BEHALF OF THE CITY OF PALM BEACH GARDENS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City owns and /or operates and maintains certain athletic fields and buildings within the City intended for recreational purposes, and WHEREAS, the City Council of the City of Palm Beach Gardens desires to enter into a written agreement to allow the PBGYAA to use the City's athletic fields and buildings for recreational purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an Agreement between the City of Palm Beach Gardens and the Palm Beach Gardens Youth Athletic Association for the use of certain recreational facilities. Section 2. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute the Agreement between the City of Palm Beach Gardens and the Palm Beach Gardens Youth Athletic Association. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK mm JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 65, 1999 PAGE 2 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION FACILITY USE AGREEMENT This agreement, made and entered into this day of , 1999, between the Palm Beach Gardens Youth Athletic Association, Inc., ( PBGYAA), a not - for -profit corporatipn of the state of Florida, and the City of Palm Beach Gardens, a municipal corporation existing under the laws of the state of Florida, ( "City") for the use of certain recreational facilities as more particularly described herein (the "facilities "). WHEREAS, the City owns and/or operates and maintains certain athletic fields and buildings within the City intended for recreational purposes and, WHEREAS, The City Council of Palm Beach Gardens desires to enter into a written agreement to allow PBGYAA to use these athletic fields and buildings for recreational purposes as set forth herein, and, WHEREAS, The PBGYAA wishes to conduct various administrative functions along with practices, leagues and tournaments in the following youth sports; boys baseball, girls softball, in- line hockey and girls basketball. NOW THEREFORE for and in consideration of the promises and mutual covenants hereinafter contained, the parties do agree as follows: INTRODUCTION 1. The matters contained in the preamble hereof are hereby declared to be true and correct and are hereby incorporated in this agreement as a part thereof. 2. The City agrees to allow PBGYAA to usc.lhose recreational facilities, for the time period and event specified, as provided for by the 1999 Youth Sports Calendar, a copy of which is attached hereto as Exhibit "A" and made a part lrreof. The PBGYAA agrees to use its best efforts, to schedule its recreational events in accordance with this calendar, and agrees that any modifications to the time and/or location of usage shall be subject to the City's approval, in its sole discretion.. 3. The parties agree that PBGYAA shall establish, in conjunction with the Director of Parks and Recreation or his/her designee, a general policy and operational plans. 4. The parties agree that activities sponsored and/or operated by the City's Department of Parks and Recreation shall have first priority for use of said facilities, notwithstanding any other provisions in the Agreement. The PBGYAA shall have second priority for facility usage. OBLIGATIONS OF PBGYAA 1. PBGYAA shall comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State, County and City governments and any of their Departments, Agencies, or Bureaus applicable to the use of such recreational facilities, for the safety of the public and the correction, prevention and abatement of nuisances or other grievances in connection with the use of the facilities hereunder. 2. PBGYAA shall indemnify and hold harmless the City from and against all claims, suits, actions, damages or causes of action arising during the term of this agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the facilities (including the operation of concession facilities) for which this agreement is entered into, or its agents, employees, invitees, participants and all other persons, and from and against any orders, judgments, or decrees which may be entered thereto, and from and against all costs, attorney's fees, expenses and liabilities incurred in or by reason of the defense of any such claim, suit or action, and the investigation thereof. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities of cities and counties as are set forth in Florida State Statue 768.28 3. PBGYAA shall provide at its own cost and expense a comprehensive liability insurance policy insuring the City against claims for bodily injury, death and property damage, in the minimum amount of $1,000,000.00 per person and $1,000,000.00 for each occurrence. The City of Palm Beach Gardens, Florida, shall be named as an additional insured under the terms of this policy and shall be provided with a standard form of certificate of insurance, at least seven (7) days before the implementation of this agreement, which shall contain a requirement for 30 calendar days prior notification of cancellation to the City in the event thereof. 4. The PBGYAA agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. PBGYAA agrees that it shall be responsible for obtaining any and all licenses, permits, or certificates required to operate under, this agreement, including the cost associated therewith. 5. PBGYAA shall provide, upon execution of this Agreement, a copy of its current Constitution and/or charter, by- laws, and certificate of non -profit status to the city's Director of Parks and Recreation. PBGYAA agrees to provide said director a copy of any changes made to such documents, during the term of this Agreement, immediately upon adoption. 6. Within seven (7) calendar days following the annual PBGYAA general election, PBGYAA shall furnish to the City's Director of Parks and Recreation administrative office, a copy of the names, titles, address and phone numbers of all officers and board members of the PBGYAA as well as for each sports specific governing body. 2 7. PBGYAA agrees that it shall not discriminate against any person on the basis of race, color, religion, or gender in its use of the aforementioned facilities. 8. PBGYAA agrees to conduct an annual financial audit by an independent party qualified to render such an audit. The results of such audit shall be provided to the City's Director of Parks and Recreation. All costs and expenses associated therewith shall be the sole responsibility of the PBGYAA. 9. PBGYAA agrees that it shall not make, or permit to be made any structural changes or improvements to the aforementioned facilities, except upon written approval of the City. Any changes or improvements made upon approval by the City shall remain as part of the facility at the end of the term of this agreement. 10. PBGYAA shall provide at each facility for the duration of each event as indicated on Exhibit "A ", a First Aid kit in a form acceptable to the City. Additionally, PBGYAA shall make provisions for adequate local emergency response (fire rescue and police) for the duration of each activity. Evidence of such provision shall be provided to the Director of Parks and Recreation prior to the commencement of each activity, or as deemed necessary by the director. PBGYAA shall also provide at each facility an adequate means of communication in order to summon emergency personnel. 11. PBGYAA shall require, and shall be responsible to enforce, that all officers, board members, managers, coaches, and assistant coaches complete the National Youth Sports Coaches Association ( NYSCA) certification program, as well as complete an annual criminal background check. The City agrees to incur the cost of the criminal background check. 12. PBGYAA shall adopt and strictly enforce the Players and Coaches Code of Conduct as applicable to all PBGYAA officers, coaches and players, and as applicable to PBGYAA event spectators, a copy of which is attached as Exhibit `B" and made a part hereof. 13. PBGYAA shall collect a $15 fee from each non - resident participant and shall forward such fee, in full, to the Director of Parks and Recreation within thirty (30) days of receipt. Additionally, PBGYAA shall compile a list of all non - resident participants in each sports activity and shall forward the list to the director within twenty (20) days of commencement of that particular sports activity. The $15 non - resident fee will be used by the City to pay for the NYSCA certification classes required of the officers, board members, managers, coaches and assistant coaches as stipulated in paragraph 11. 14. For each sports activity, PBGYAA shall establi sh, following the end of the official registration period, two distinct sign up waiting lists. One list will be for residents, the second for non - residents. With each available opening in a program the residents waiting list will be exhausted, prior to contacting any non - resident. Further, the resident list shall be exhausted in the following order: (A) prior participants in the PBGYAA; (B) persons who have not previously participated. 15. PBGYAA shall administer a rule which requires that for any sport which selects "all- star" or "Travel" teams, a minimum of 70% of rostered players must be residents of Palm Beach Gardens. 16. For each sports activity, PBGYAA shall provide to the Director of Parks and Recreation a complete list of addresses of the participants, coaches and managers (names will not be included). The list shall be provided within twenty (20) days of commencement of the particular activity. 17. PBGYAA shall provide to the Director of Parks and Recreation a Calendar of activities for each specific sports activity. Each calendar shall be due to the director no later than 30 days prior to opening registration date, and shall include: a) beginning and ending registration dates; b) beginning practice dates; c) beginning game dates; d) scheduled end of season; e) requested tournament dates; and, f) approximate number of teams in the appropriate divisions of each activity. 18. PBGYAA shall designate a representative from each sports activity to coordinate with the City's representative for facility usage. OBLIGATIONS OF CITY The City agrees to comply with the following: 1. The City shall provide daily maintenance of the facilities and shall supply adequate utilities for the facilities throughout the regular season, practices, and games, as well as tournament field preparations and maintenance, subject to budgetary considerations. 2. The City may limit, if necessary, the use of the facilities to prevent overuse, misuse or abuse of facilities, subject to the City's sole discretion. 3. The City reserves the right to determine the suitability of any particular facility for use under this Agreement. The City shall bear no responsibility, nor shall PBGYAA seek any redress for its inability to use a facility as provided herein, when, in the reasonable determination of the City, a facility (or facilities) is deemed to be unsuitable for use for any period of time. 4. At all times, the City shall administer and enforce all applicable City codes, policies and procedures. The City shall take such action as is necessary to prevent misuse of the facilities and/or misconduct by participants. 5. The City reserves the right to cancel, reschedule or change location for any sports activity held at any of the facilities. The City may attempt to provide an alternative location, if facilities are not available, but is under no obligation to provide such replacement facilities. 4 6. The City may, through the Director of Parks and Recreation, issue keys to a City recreatiog facility to an authorized representative of PBGYAA. Duplication of keys by key holder will result in revocation of all key privileges and changing of all affected locks at PBGYAA's expense. TERM OF AGREEMENT 1. Either party may terminate this Agreement with or without cause upon thirty (30) days writjen notice to the other party. 2. This Agreement shall be effective for one year from the date of execution by the last patty. This Agreement may be renewed or renegotiated, however, any such modifications hall not be binding upon either party unless in writing and accepted by both parties. This Agreement mayPot be orally modified. ADDITIONAL PROVISIONS 1. Requests for fund raising on the facility sites for special events and tournaments may be, considered only if received prior to the City's bidding of such services, and shall require written approval by the Director of Parks and Recreation. 2. The City grants the PBGYAA permission to operate concessions to sell non - alcoholic beverages and food at the facilities of the discretion of the Director of Parks and Recreation #nd only during the sporting events referenced herein. The PBGYAA agrees to retain the services of a person(s) who will be responsible to operate the concession. The PBGYAA agrees to comply with all statutes, ordinances, rules, orders, regulation and requirements of the Federal, State, County and City governments, and any of their departments and bureaus applicable to the operation of the sale of non - alcoholic beverages and food. The City reserves the right to inspect and review the operations of any concession to determine if the PBGYAA has complied with1he terms of this agreement. Furthermore, the PBGYAA recognizes that 'Pepsi -Cola beverage products will be exclusively sold at any concession facility operated by the PBGYAA, and all beverage products must be purchased through the Pepsi -Cola distributor. 3. PBGYAA acknowledges and agrees that in the event the City and PBGYAA desire to uF a facility at the same time, or any similar usage conflict develops, the City shall have priority over PBGYAA for the use of said facility, notwithstanding this Agreement or any provision herein to the contrary. 5 IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first written above. FOR THE CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation of the State of Florida -BY: . BY:. MA-V�IR CITY MANAGI�R BY: RECTO??- OF PAS AND PXCRF.&TTN FOR THE PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION, a non -profit corpyrratipn of tf State of Florida �M �Y 17f 9 99' DA'T"X71 n 4. JURMICT -ION AND VENUE The parties acknowledge that a substantial portion of negotiations, anticipated performance an execution of the Agreement occurred or will occur in Palm Beach County, Florida, and, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of thepar*s irrevocably and unconditionally (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought in the courts of record of the State of Florida in -Pfilm Beach County or the court of the United States, Southern District of Florida; (b) consents to the jurisdiction of each court in any suit, action or proceeding; and (c) waives any objection which it may have to the laying of venue of any suit, action or proceeding in any of such courts. 5_ ATTORNEY'S FEES In the event of any alleged dispute, breach, or default under the terms of this Agreement by eit4er party, the prevailing party shall be entitled to recover all costs and expenses including reasonable attorney's fees incurred in connection with enforcement of any term or provision of t�is Agreement, arising at any level, whether or not in connection with any legal action or arbitration or other proceeding, and any such right shall be in addition to any other remedies or damaged to which the prevailing party may be entitled. 7 EXHIBIT "A" 11999 YOUTH SPORTS CALENDAR Revised — 5/7/99 SPORT AGENCY DATES - Practice begins through end of program LOCATION Boys Baseball YAA Feb, k; Maw; Am Mar Crardeng_rk- Girls Softball YAA Feb. 1, Mar., Apr., May Lake Catherine All Star Baseball YAA May, June, July Gardens park/Plant Drive Travel Softball YAA May, June, July, August 1 Lake Catherine Flag Football City June 1, July, August 15 PGA Soccer City August 15, Sept., Oct., Nov. 15 Klock Tackle Football/Cheerleading City August, September, October, November PGA, Klock Fall Softball YAA Sept. 15 through Nov. 1 Lake Catherine Fall Baseball YAA Oct. 1 through Nov. 15 Lake Catherine/PGA Girls Basketball YAA Oct. 15, Nov., Dec., Jan., Feb. 15 BRCC Girls Travel Basketball YAA May, June, July Various sites Roller Hockey (Fall/Spring) YAA Sept. 1 through Dec. 15 Feb. 15 through May 15 Plant Drive Rinks Boys Basketball City Nov. 15, Dec., Jan., Feb., Mar. 15 BRCC Dates listed include time spent on facilities practicing and/or playing games. Registration dates are not included. Dates listed for baseball all-star teams and girls softball travel teams are approximate and may end earlier depending on success of teams. 8 EXHIBIT "B" PLAYERS AND COACHES CODE OF CONDUCT DEFINITIONS: Individual - Any of the definitions as listed below. Coach/Manager - A person designated as team spokesperson. One who is either a player or a non - player. Player - A person who actively participates in the contest (even if sitting on the team bench) and who is on the team roster. Spectator - A person who comes to watch the contest for entertainment, with no physical involvement. Official/Umpire - Individuals who are responsible for administering the rules of the contest on the appropriate playing area. Participation - Any involvement in the activities such as spectating, officiating, playing, coaching, registering for activities, or attending any non - sporting event. Recreation activity - Any activity conducted on City property or facilities made available by other agencies for the purpose of participation. League Official - The designated individual responsible for the organization and supervision of the activity. ARTICLE I NO PLAYER SHALL: At any time lay a hand upon, shove, strike, or threaten and official, player, spectator or department employee. Officials are required to suspend player immediately form further play and report such players to the League Official. Such players shall remain suspended until the incident has been considered by the appropriate Department officials. MINIMUM PENALTY: Suspension from the players next two consecutive league games, placed on probation for the remainder of the season. Penalties may be carried over to the next season or sporting event. MAXIMUM PENALTY: Suspension from all recreation activities for one year and 1 probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. ARTICLE II NO PLAYER SHALL: Refuse to abide by an official's decision. Officials are required to suspend player immediately from further play and report such player to the League Official. Such player shall remain suspended until the incident is reviewed by the League Official and the appropriate Department official. MINIMUM PENALTY: Suspended from the players next game and placed on probation for the remainder of the season. MAXEVIUM PENALTY: Suspension from two league games and placed on probation for the remainder of the season. ARTICLE III NO PLAYER SHALL: Be guilty of obscene gestures or objectionable demonstrations of dissent at official's decision. Penalty: The degree of infraction of this tenant of good sportsmanship shall, in the official's judgement draw: MINIMUM PENALTY: Warning by the official. MAXIMUM PENALTY: Removal from the game. ARTICLE IV NO PLAYER SHALL: Discuss with an official in any manner, the decision reached by such official except the manager or coach. Penalty: The degree of infraction of this tenant of good sportsmanship shall, in the official's judgement, draw,: MINIMUM PENALTY: Warning by the official. MAXEVIUM PENALTY: Removal from the game. 10 ARTICLE V NO PLAYER SHALL: Be guilty of using unnecessarily rough tactics in the play of the game against the body or person of an opposing player. Officials are required to suspend player immediately from further play and reports such player to the League Official. MINIMUM PENALTY: Suspended from the players next game, and placed on probation for the remainder of the season. MAXIMUM PENALTY: Suspension from all recreation activities for one year and probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. ARTICLE VI NO PLAYER SHALL: Be guilty of physical attack as an aggressor upon any player, official, spectator, or Department employee. Officials are required to suspend player immediately from further play and report incident to League Official MINIMUM PENALTY: Suspension from the player's next two consecutive league games. Also place on probation for, the remainder of the season. MAXIMUM PENALTY: Suspension from all recreation activities for one year and probation for the following year. In addition, at the beginning of the following year, the incident is subject to review by the appropriate Department officials for possible further penalty. 11 ARTICLE VII NO PLAYER SHALL: Be guilty of an abusive verbal attack upon any player, official, spectator or department employee. Officials are required to suspend player immediately from further play, and report such incident to the League Official. Such player shall remain suspended until the incident has been reviewed by the League Official and the appropriate Department Official. MINIMUM PENALTY: Suspended from the players next game, and placed on probation for the remainder of the season. MAXIMUM PENALTY: Suspension from the player's next two consecutive league games. Also place on probation for the remainder of the season. ARTICLE VIII NO PLAYER SHALL: Appear on the playing area under the influence of drugs, or alcohol. MINIMUM PENALTY: Suspension from the player's next two consecutive league games. Also place on probation for the remainder of the season. MAXIMUM PENALTY: Suspension for the remainder of the season. 12 SPECIAL NOTES: 1. Any player being placed on probation for the remainder of the season and reported again for a violation of the Code of Conduct will be suspended for the remainder of the season. 2. Any player ejected from a game must leave the park, facility or school grounds immediately. Players will not be permitted to hang around the playing area, spectating area or parking lots. Failure to leave the area immediately may cause the game to be forfeited and will carry an additional maximum penalty of suspension for the remainder of the season. 3. Any player or coach who is ejected from a game will be automatically ineligible to participate in the team's next game. 4. Any player or coach who is ejected from two games will be suspended from all league competition, including tournaments. Any player or coach who is deemed detrimental to the function of the league will be bared from the league. 5. Any player or coach who is guilty of paragraph 4 above, will be automatically placed on Athletic probation in all recreation activities for a year. Further problems with the same individual throughout this probation will result in suspension form all recreational programs for one year. 6. Any person who is on probation and who violates the Code of Conduct will be placed on suspension until the incident can be reviewed by the proper Departmental Official. 13 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Date Prepared: May 7, 1999 Subject /Agenda Item: 2 "a Reading / Public Hearing Ordinance 19, 1999 — City initiated rezoning. Recommendation/Motion: Staff recommends approval of Ordinance 19, 1999. Reviewed by: 0K a G j4p Originating Dept.: Costs: S Council Action: Total City Attorney Growth Management j x] Approved 1 st Reading 5 -0 Finance ACM J $ [ ] Approved w / conditions Current FY Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: May 19, 1999 ( ] Operating Paper: Palm Beach Post [ ] Not Required ( ] Other Legal Descriptions Submitted by: GwMana a Affected parties [ x ] Notified Budget Acct. #:: [ ] None Approved by: City Manager ( ] Not required REQUEST: Staff is requesting zoning changes to certain parcels of land within the City of Palm Beach Gardens. The purpose of the changes is to update the. consistency and accuracy of the Official Zoning Map with the Comprehensive Plan. BACKGROUND: Ordinance 19, 1999 is a "housekeeping" effort by City staff to bring the zoning designations of several parcels into conformance with the Comprehensive Plan. With the exception of the "Cordani Tract ", which is owned by Palm Beach County, the parcels are all owned by the City. Agenda Cover Memorandum Page 2 The proposed parcels to be rezoned are as follows: June 3, 1999 The "Cordani Tract" Parcels 1 -4, recently purchased by Palm Beach County for environmental preservation, has an existing zoning classification of Planned Community Development (PCD). Staff is requesting a classification of Planned Development Area (PDA). A PDA classification is consistent with the Future Land Use Category of Conservation. The Richard Road Parcel 12.01 has an existing classification as Residential Medium (RM). This is inconsistent with the Future Land Use Category of Public. Staff is requesting a zoning change to a classification of Public Institutional (P/I). The old Gardens Presbyterian site, temporarily the City's fire station, has an existing classification of Residential Medium (RM). Staff requests a classification of Public Institutional (P/I) to be consistent with the Future Land Use category of Recreation Open Space. The Lilac Street parcel 11.04 has an existing classification of Residential Medium (RM). The future land use category is Recreation Open Space. In order to be consistent with the comprehensive plan staff requests a classification of Public Institutional (P/I). Lake Catherine tracts L -3 and R -2 along with the park site located on the East Side of MacArthur Blvd has an existing classification of Residential Low (RL -2), Planned Unit Development (PUD). This is inconsistent with the Future Land Use category of Recreation Open Space and staff recommends a zoning change of Public Institutional (P/I). The Allamanda Tortoise Preserve has an existing classification of Residential Medium (RM), Planned Unit Development (PUD). This is inconsistent with the Future Land Use category of Conservation. Staff recommends a zoning change of Public Institutional (P/I). ISSUES A. Land Use, Zoning, & Consistency with the City's Code of Ordinances The current zoning designations for particular parcels are inconsistent with the land use designations of the City of Palm Beach Gardens Comprehensive Plan. The proposed changes are consistent with the City's Code of Ordinances. B. Traffic Concurrency Traffic concurrency is not applicable. Agenda Cover Memorandum Page 3 C. Public and Private Services June 3, 1999 The Planning and Zoning Divisions Staff members have reviewed the recommended changes to the Official Zoning Map and have no concerns. D. Procedure This is a request for City initiated zoning changes. The Planning and Zoning Commission reviews the zoning changes request. Acting in an advisory role, the Commission makes a recommendation on the proposed request to the City Council. The City Council reviews the request for zoning change for consideration of approval, approval with conditions, or denial. E. Project Details See Table 1. City Council Recommendation V Reading The City Council recommended approval with a unanimous 5 -0 vote on May 6, 1999. There were no concerns and minimal discussion by the Council. Planning and Zoning Commission Recommendation The Planning and Zoning Commission recommended approval with a unanimous 7 -0 vote on April 27, 1999. Staff Recommendation: Staff recommends approval of rezoning petition Z -99 -01 with no conditions of approval. Prepared and Submitted by: Melissa Prindiville GIS/Planning Technician Old Gardens Residential Medium Presbyterian Site I (RM) Lilac Street Residential Medium Parcel 11.04 (RM) Recreation Open Planned Unit SBJECT EXISIG FUTURE F, �; PO OSD jPTRORE`RTI E�S ZOyN I NGiLAN D�1 S E�� ug �1O I N G ' Preserve Development(PUD) (ROS) Residential Medium (RM) ij Public Institutional (CONS) r Fn The Cordani Tract Planned Community Conservation Planned Parcels 1-4 District (CONS) Development (PCD) Area (PDA) Richard Road Residential Medium Public Public Institutional Parce112.01 (RM) (P) (PI) Old Gardens Residential Medium Presbyterian Site I (RM) Lilac Street Residential Medium Parcel 11.04 (RM) Recreation Open Planned Unit Lake Catherine Development(PUD) Tracts L -3 and R -2 Residential Low (RI-2) Allamanda Tortoise Planned Unit Preserve Development(PUD) (ROS) Residential Medium (RM) Recreation Open I Public Institutional Space (P /I) (ROS) Recreation Open Public Institutional Space (P /I) (ROS) Recreation Open Public Institutional Space (P /I) (ROS) Conservation Public Institutional (CONS) (P /I) June 3, 1999 ORDINANCE 19, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; 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 HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City of Palm Beach Gardens has initiated the rezoning of described real property, in attached composite Exhibit "A ". WHEREAS, the rezoning is consistent with the City of Palm Beach Garden's Comprehensive Plan and Land Development Regulations. WHEREAS, the Planning and Zoning Commission has recommended approval of the City initiated rezonings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City of Palm Beach Gardens, Florida, hereby rezones parcels of land as described in composite Exhibit "A" attached hereto and made a part of. SECTION 2. The land known as the "Cordani Tract" classified as Planned Community District (PCD) shall be reclassified with the Zoning District of Planned Development Area (PDA). SECTION 3. The following described lands owned by the City of Palm Beach Gardens, Florida, shall henceforth be classified as Public Institutional (P /1). Ordinance 19, 1999 Page 1 1. Richard Road Parcel 12.01 classified as Residential Medium (RM) reclassified as Public Institutional (P /1). 2. Gardens Presbyterian Church Parcel classified as Residential Medium (RM) reclassified as Public Institutional (P /1). 3. Lilac Street Parcel 11.04 classified as Residential Medium (RM) reclassified as Public Institutional (P /1). 4. Lake Catherine Park Site and Tract L -3 & R -2 classified as Residential Low Density (RL -2); Planned Unit Development (PUD) reclassified as Public Institutional (P /1). 5. Allamanda Gopher Tortoise Preserve classified as Residential Medium (RM), Planned Unit Development (PUD) reclassified as Public Institutional (P /1) SECTION 4. The City Council hereby directs and authorizes the Growth Management Department to amend the Official Zoning Map, by appropriate means of designation. SECTION 5. 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 6. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 7. This ordinance shall be effective upon adoption. Ordinance 19, 1999 Page 2 PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER SABATELLO Ordinance 19, 1999 Page 3 , 1999. , 1999. ,1999. ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" Rezoning of Parcels with in the City of Palm Beach Gardens Palm Beach County, Florida Thursday, June 3, 1999 Ordinance 19, 1999 Page 4 Cordant Tract PARCEL 1: All of the East 1/2 of Section 29, Township 41 South, Range 41 East, Palm Beach County, Florida, lying South and West of the Seaboard Airline Railroad right -of -way. PARCEL 2: All of the East 1/2 of Section 32, Township 41 South, Range 41 East, Palm Beach County, Florida, lying Northerly and Westerly of the Central and Southern Florida Flood Control District Canal C-18. PARCEL 3: All of Section 28, Township 41 South, Range 41 East, Palm Beach County, Florida, lying Northerly and Westerly of the Central and Southern Florida Flood Control District Canal C-18, and Southerly and Westerly of the Seaboard Airline Railroad right -of -way. PARCEL 4: All of Section 33, Township 41 South, Range 41 East, Palm Beach County, Florida, lying Northerly and Westerly of the Central and Southern Florida Flood Control District Canal C-18. kits EF P a -cel. # arcel # P Paroe #4 e North P m Beach County Genial AmMon Fadrdy _PGA Blvd e My I Legal Description of Parcel 12.01 A parcel of land situate in the Southeast Quarter.(SE 04) of Section(s)18, Township a2 South, Range 43 East; within the muni*tl limits of the city of.Palm Beach Gardens, -Palm Beach County; Florida and being-more particularly described as follows: The South. 434.98 feet of .!he East half (E 112) of the. Northeast Quarter (NE 114 ) of the Souiheast Quarter (SE 1(4) ci said Section 16. Lesvind excepting therefroin that ce0W%%parcel of land described in Ofticlal Retard.Book $235, page 545, PuNic.'redord9 of .Palm beach County, Florida.. Containing In all. 6.12 acres, more or less. Gardens Presbyterian,Church LEGAL DESCRIPTION: A PARCEL OF LAND SITUATE IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 12; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 354.34 FEET; THENCE SOUTHERLY, PARALLEL TO THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 608.24 FEET TO THE PROPOSED NORTHERLY RIGHT -OF -WAY LINE OF THE THOMPSON RIVER; THENCE WESTERLY, MAKING AN ANGLE WTTH THE PRECEDING COURSE OF 89 DEGREES 59'50", MEASURED FROM NORTH TO WEST, AND ALONG SAID PROPOSED NORTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 354.34 FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG SAID WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 608.07 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. LESS THE WEST 53 FEET THEREOF FOR THE RIGHT -OF -WAY OF MILITARY TRAIL AND LESS THE NORTH 30 FEET THEREOF FOR THE RIGHT -OF -WAY OF BURNS ROAD. SUBJECT TO AN EASEMENT OF PUBLIC UTILITIES OVER THE SOUTHERLY 12 FEET THEREOF. ALSO, LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: BEING A PARCEL OF LAND LYING IN THE SOUTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF BURNS ROAD (60 FOOT RIGHT - OF-WAY) AND THE EAST RIGHT -OF -WAY LINE OF MILITARY TRAIL (S.R 809); THENCE SOUTH 88'05'00' EAST, ALONG SAID SOUTH RIGHT -OF -WAY LINE OF BURNS ROAD, A DISTANCE OF 24.98 FEET, THENCE DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, SOUTH 4656'40" WEST, A DISTANCE OF 35.34 FEET TO THE SAID EAST RIGHTOF -WAY LINE OF MILITARY TRAIL, SAID EAST RIGHT -OF -WAY LINE BEING EAST, 53.00 FEET FROM THE CENTERLINE OF MILITARY TRAIL AS THIS POINT; THENCE NORTH 015820" EAST, ALONG SAID EAST RIGHT - OF -WAY LINE, A DISTANCE OF 24.98 FEET TO THE POINT OF BEGINNING. CONTAINING 312 SQUARE FEET OR 0.007 OF AN ACRE, MORE OR LESS. THE ABOVE DESCRIBED PARCEL BEING PART OF THE PREMISES DESCRIBED IN OFFICIAL RECORD BOOK :4531, PAGE 1521 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING IN ALL 3.97 ACRES, MORE OR LESS. r LEGAL DESCRIPTION PARCEL I - Parcel 11.04 A parcel of. land situate in Section 12; Township 42 South, Range 42 East, within the -municipal. limits of the City of Palm Beach Gardens, Palm Beach ..County, ..Florida, and being more particularly described as. follows: The westerly. 632.29 feet of the Easterly 1380 feet of! the Northerly 697:51 feet of the Southerly 1960 lying westerly of State Road -9, LESS AND EXCEPT THMPROM the South 110 feet of the West 180 1 eet thereof.. W I 1 . HOLLY sake Catherine Lake Catherine Description LAKE CATHERINE TRACTS L-3 & R-2 (5243-42-18-15-012-0030) Park Sites Description A'parcel -of land lying -in : Section 1.8 42 *South, Ran'<Je- -43. -.Ras"t'- * Palm Beach County, F.Iorida'atd being 'm6re 'pa.tticul4k13� .described as-follotrat That.part of the Southeast- ing Easteirly'. . of the right . 9 - -Westerly 'of'the West rig'ht' Flood Control. - District C-17 line. .of that certain parcel Book 659, page 714, Public and . lying. Ndr.therly of -a p4rallel to the south lind" Quarter ''(SE *.k)' of 'said'. Section 18 ly- of way .pf.-MacArthur.*Bou Boulevard; ly-Ing Of way.. line - df'�the .- dehtral'.'& Southe'h Canal; 'lyifig". Slou'th erly of the South of land desc',ribed'ln "Official Record Records of.p.him Beach County I , Florida; line-. -575,.-00:.. Peet - ..Northerly -of and of said Sect,-ibn_ 1S... 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P.pp P 1 �gSSEE.>u N N 12 N I N ti I m N I •-Y a m I� r_ 1Rn m 1� r 1� I I I I I I� l I I I I I f j NO2' 06' W E 1 � 1 . 1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Date Prepared. May 27, 1999 SUBJECT /AGENDA ITEM: Second Reading /Public Hearing of Ordinance 24, 1999 approving petition PUD- 99 -01, a request by St. Mark's Episcopal School, for planned unit development (PUD) approval of private school playing fields and an associated structure. RECOMMENDATION /MOTION: Staff recommends that Ordinance 24, 1999 be approved with 10 conditions. Reviewed by: Q J Originating Dept.: Costs: $ Council Action: 6 l �D Total City Attorney Growth Management [ ] Approved Finance NA Approved wlconditions ACM ,`' 41 Current FY ( ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: 5119199 [ ] Operating Paper: Palm Beach [ ] Other — Ordinance 24,1999 Post - Amendment 1 to Ordinance 24, 1999 —Site Plan (5/14/99) —Memo from Tammy Jacobs dated 513199 —Memo from Len Undahl [ ] Not Required dated 5118/99 Submitted by: Growth Management Affected parties Budget Acct. #: Director [ x ] Notified [ ] None Approved by: City Manager ( ] Not required REQUEST: A request by Fanning /Howey Associates, agent for St. Mark's .Episcopal School, for rezoning of certain lands to planned unit development (PUD), and approval of a proposed site plan for private school playing fields, courts, and an associated structure that includes an open -air pavilion for physical education, concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher, to be located on Burns Road, east of Alternate A1A and west of Gardens East Drive. (7- 42S -43E) BACKGROUND: The St. Mark's Playing Fields is proposed to be located on a vacant parcel at the northwest corner of Burns Road and Gardens East Drive. The subject property is bound on the north by The Oaks (residential) and undeveloped land zoned Planned Development Area (PDA). The Oaks is a Planned Unit Development with a total of 900 dwelling units at 3.82 dwelling units per acre. To the west of the site is more vacant land (PDA) that has a petition pending that would create 262 townhome units on the site. To the south is Gardens East Apartments (residential) and Cedar Gardens Office (9,867 square feet of PO - professional office). To the east of the site is the Oaks (ROS - Recreation Open Space) and St. Mark's Episcopal Church and School, which was approved on March 19, 1992. The proposed site was farmland at one time, but has become overgrown with vegetation in recent years. The land was purchased by the St. Mark's Episcopal School on January 15, 1999 from the MacArthur Foundation. The applicant intends to use the site as playing fields and courts for the students attending their school. Night time use and league play that does not involve the church or school is not anticipated at this time. The proposed site will also provide overflow parking for the St. Mark's Episcopal Church and School. LAND USE AND ZONING: The subject site is zoned as a Planned Development Area (PDA), and has a future land use designation of Residential - Medium Density (RM). The applicant wishes to rezone the site to a Planned Unit Development (PUD). For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1 on the following page. Table 2 on page four (4) demonstrates that the proposed project is consistent with the City Code and underlying zoning for the site. TRAFFIC CONCURRENCY: Although the site does not propose office or residential space, the proposed project may generate increased traffic. The Assistant City Engineer (Ms. Tammy Jacobs) has reviewed the proposed project to determine if it meets concurrency, particularly if the current roadways can support this proposed project and the current church and school across Gardens East Drive. Ms. Jacobs conducted site visits at the school during student drop -off and pick -up, and found that these procedures were conducted in a very efficient manner, and did not present a problem in regards to the traffic circulation along Burns Road and Gardens East Drive. Ms. Jacobs found that the proposed project meets concurrency, and that the combination of the playfields, church, and school should not present a traffic circulation problem. 2 Subject Property Planned Residential - Vacant/Undeveloped Development Area Medium Density (PDA) I (RM) North(east) Planned Unit Residential - The Oaks Development (PUD)/ Low Density Residential - (RL) Medium Density (RM) North(west) Vacant/Undeveloped Planned Development Area (PDA) Residential - Medium Density (RM) Southeast) Professional Professional Cedar Gardens Office (PO) Office (PO) Office South(west) Planned Community Residential - Gardens East District (PCD) Medium Density Apartments (RM) West Planned Residential - Vacant/Undeveloped Development Area Medium Density (proposed Catalina (PDA) (RM) Lakes Townhomes) East(north) Planned Unit Recreation The Oaks Development (PUD)/ Open Space Residential - (ROS) Medium Density (RM) East(south) St. Mark's Episcopal Church & School *conditional use (CU) Residential - Low Density 3 (RL -3) 3 Residential - Low Density (RL) Yes Yes Maximum Building Lot Coverage for RM: 35% 2.811% 1 Max. Building Height: ) Building Height: Yes 2 stories /36 feet 26.33 feet 1 1 Yes Minimum Required 80 spaces Parking: 32 spaces (excess to serve as (based on parking calculation as "Community Cented Recreational Facility" additional church parking) =1 space per 200 square feet) 1 1 Yes Front Setback: Front Setback: 30 feet -370 feet Yes Side Setback: Side Setback: 10 feet -12 feet . Yes Side (facing street) Side (facing street) . Setback: 20 feet Setback: -123 feet Yes Rear Setback: Rear Setback: 20 feet -349 feet PROJECT DETAILS: Building Site The St. Mark's Episcopal Church /School intends to develop the entire parcel as playing fields, an ancillary structure, and a parking area for the use and support of the school children attending St. Mark's Episcopal School. The stands located around the 4 fields will be non- permanent in nature. The playing fields and courts will accommodate baseball, softball, soccer, tennis, and basketball. The open -air pavilion will serve as an area for the students to participate in sporting events such as four - square when the weather does not permit the children to play completely outdoors. The entire project is proposed to be completed in two (2) phases: 1. Clear property and build fence, parking lot, soccer field, two (2) western most tennis /basketball courts, and complete open -air pavilion structure (including concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher). 2. Build remaining two (2) tennis /basketball courts, and build softball fields on the north end of the site and at the south end of the soccer field. Site Access The parking area will be accessed from Gardens East Drive. The fields, courts, and open -air pavilion will have pedestrian access at three points along the eastern fence; however these facilities will not be open at night when the three entry gates are locked. A wall and fence is being proposed to surround the entire site excluding the parking area. If the proposed neighboring development (Catalina Lakes), is not approved and built, the applicant has the right to continue the chain link fence in lieu of the wall. Walkways Sidewalks are being proposed along the eastern and southern boundaries of the site. The students and teachers from St. Mark's Episcopal School to the east shall use the crosswalk at the intersection of Bums Road and Gardens East Drive to access the site. Lighting The only lights on the site will be those used for security in the parking area and around the open -air pavilion. Signage The specifics of the project's signage has not yet been submitted. The location of a ground sign, however, has been shown on the site plan. The proposed ground sign meets the minimum setback requirement from the property line (15 feet minimum). Landscaping The project proposes the use of 23 Live Oaks (Quercus Virginiana), 66 Cabbage Palms (Sabal Palmetto), 6 Dahoon Holly (Ilex Cassine), 222 Stoppers (Myracanthes Fragralis), 42 Cocoplum (Chrysobalalius lacaco), and 208 Spider Lily (Hemerocallus Latifolia). This landscaping will be located almost entirely along the boundaries of the site. STAFF RECOMMENDATION: All of Staff's comments and concerns have been addressed by the applicant, or are addressed in the recommended conditions of approval. Staff recommends APPROVAL of petition PUD -99 -01 with the following 8 conditions (monitoring entity): 1. Prior to the issuance of the first certificate of occupancy, the applicant shall add two (2) Live Oak trees with a clear trunk of eight (8) feet to the Burns Road median, per the direction of the City Forester. (City Forester) 2. Prior to the issuance of the first certificate of occupancy, the applicant shall add a 24 inch wide Bahia sod strip around the outside of the proposed Ilex shrub, per the direction of the City Forester. (City Forester) 3. The applicant shall maintain the landscape in the medians and road shoulders along Burns Road and Gardens East Drive, which are directly adjacent to the site's property line, and which surround the property respectively. (City Forester) 4. Prior to the issuance of the first certificate of occupancy, the applicant shall relocate 15 of the existing on -site Sabal Palms to different locations on -site, or along the Gardens East Drive road shoulder. The relocation site for these 15 Sabal Palms must be approved by the City Forester, and will be considered additional landscaping to what is being proposed and shown on the landscape plans. (City Forester) 5. Prior to construction plan approval, lighting and photometric plans shall be submitted and approved for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning & Zoning) 6. The applicant shall be allowed to fence the entire playfields, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) 7. Use of this site shall be prohibited between sundown and sunrise. The applicant may request use of the site during this time by written request to the City; City reserves discretion as to whether said use will be permitted. (Code Enforcement, Public Information Officer) n 8. Use of this site is limited to the current applicant, its successors and /or assigns. The applicant may request use of the site by other parties through written request to the City. (Code Enforcement, Public Information Officer) PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission as a workshop at their January 12, 1999 meeting and on April 13, 1999 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition PUD- 99 -01, a request for planned unit development (PUD) approval of private school playing fields and an associated structure which includes an open -air pavilion for physical education, concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher, with the conditions #1 through #6 proposed by the Growth Management Department (conditions #7 and #8 were added after the April 13th meeting), as well as the following recommendation: 1. Prior to consideration of approval by City Council, the applicant shall submit plans that show a second egress or ingress/egress for the site at the north end of the parking area, subject to the approval of the City Engineer. (City Engineer) The Planning and Zoning Commission also requested that the handicap parking spaces be more evenly distributed, and that the City Engineers review the feasibility of drainage alternatives. ENGINEERING UPDATE (MAY 3,1999): Assistant City Engineer Tammy Jacobs reviewed the possibility of adding a second ingress /egress to the site (see attachment). Ms. Jacobs had no engineering objections to an additional curb cut to provide better circulation within the parking area. However, she felt that the curb cut should be a "right turn only" egress lane because of the existing median and curvature of Gardens East Drive. City Staff agrees with Ms. Jacobs regarding the second curb cut. Ms Jacobs has also stated that even though the proposed project's drainage plan is permitted by the South Florida Water Management District, the drainage concerns of "downstream" neighbors have also been examined by City Engineering. The City Engineer had a meeting with representative(s) from the "downstream" neighborhoods on Thursday, May 6, 1999; the comments and recommendations to the Planning and Zoning Staff and the applicant were provided at the May 20, 1999 City Council meeting (see attachment). 7 REVISED STAFF RECOMMENDATION: Staff maintains its recommendation of APPROVAL of petition PUD -99 -01 with 8 conditions (detailed on pages 6 and 7 of this report). CITY COUNCIL MEETING- MAY 6,1999: At its May 6, 1999 meeting, City Council approved early advertising for petition PUD- 99-01, thus enabling the petition to be heard as a second reading /public hearing at the June 3, 1999 City Council meeting. CITY COUNCIL WORKSHOP /FIRST READING - MAY 20,1999: At the May 20, 1999 City Council meeting, Council had a first reading for this petition. At this meeting, Council passed Ordinance 24, 1999 on first reading, as recommended by City Staff, with the following conditions: 1. Prior to construction plan approval, the landscape plan shall be revised to show the hedge along the eastern edge of the parking area be continued along the southern edge of the parking area. (City Forester) Furthermore, City Council stated that condition #6 should be revised as follows (added words underlined, deleted words str uclr-* The applicant shall be allowed -to fence the entire playfields, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) It should also be noted that the City Council voiced its concern regarding the proposed drainage plan for the project. The City Council stated that even if this project were to be approved, the construction of the project would not begin until the City Engineers were satisfied with the proposed drainage plan for the site. Len Lindahl (City Engineer) has stated that the City Engineering Staff will continue to work with the applicant and the neighboring residents until a resolution is found. Mr. Lindahl has recommended a condition of approval relating to drainage. 8 LEGAL REVISIONS AFTER FIRST READING: After City Council approved Ordinance 24, 1999 on first reading (5/20/99), the City Attorney instructed Staff to revise two (2) of the conditions of approval. These revisions are as follows (added words underlined, deleted words struck-): 3. The applicant shall maintain: (a) the landscape located in the medians and road s"ouluora along of Burns Road and Gardens East Drive;; hte—a a directly adjacent to the site's property line of the site;; and (b) the landscape located in the road right -of- way along Burns Road and Gardens East Drive immediately adjacent to and surrounding the site whic" surround the p„oNa �y ; esNcctivaly. The applicant, shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenanc-- Standards for Mowing and Landscaping, when said standards are approved by th° City. (City Forester) 6. Prior to August 1, 1999, The the applicant shall fence the entire playfields and courts with a six (6) foot high chain -link fence, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) ENGINEERING REVISIONS AFTER FIRST READING: The City Engineer has suggested the following condition of approval relating to drainage: The applicant shall work with the City Engineer in designing an acceptable surface water management system consistent with the issues and alternatives set forth in the City Engineer's memorandum of May 18', 1999. g /short: pud9901 =5 r1l E May 27, 1999 ORDINANCE 24, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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 A1A 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from St. Mark's Episcopal School for approval for rezoning of 6.1 acres of land located on the north side of Bums Road, east of Alternate A1A and west of Gardens East Drive, to a Planned Unit Development as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 6.1 acre site is currently zoned Planed Development Area (PDA); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City's ' Growth Management Department has recommended approval of the planned unit development (PUD) known as the "St. Mark's Playing Fields "; WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of St. Mark's Episcopal School for rezoning of 6.1 acres of land located on the north side of Burns Road, east of Alternate A1A and west of Gardens East Drive, as more particularly described in Exhibit "A" attached hereto; from Planned Development Area, to Planned Unit Development, in order to construct playing fields, courts, and an associated structure to be known as the St. Mark's Playing Fields. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and /or assigns: 1. Prior to the issuance of the first certificate of occupancy, the applicant shall add two (2) Live Oak trees with a clear trunk of eight (8) feet to the Burns Road median, per the direction of the City Forester. (City Forester) 2. Prior to the issuance of the first certificate of occupancy, the applicant shall add a 24 inch wide Bahia sod strip around the outside of the proposed Ilex shrub, per the direction of the City Forester. (City Forester) 3. The applicant shall maintain: (a) the landscape located in the medians of Burns Road and Gardens East Drive directly adjacent to the property line of the site; and (b) the landscape located in the road right -of -way along Burns Road and Gardens East Drive immediately adjacent to and surrounding the site. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester) 4. Prior to the issuance of the first certificate of occupancy, the applicant shall relocate 15 of the existing on -site Sabal Palms to different locations on -site, or along the Gardens East Drive road shoulder. The relocation site for these 15 Sabal Palms must be approved by the City Forester, and will be considered additional landscaping to what is being proposed and shown on the landscape plans. (City Forester) 5. Prior to construction plan approval, lighting and photometric plans shall be submitted and approved for all exterior lighting elements including, but not limited to, building security lighting, landscape highlighting, parking garage lighting, porte cochere or canopy lighting, signage backlighting or uplighting, etc., as well as parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (Planning & Zoning) 6. Prior to August 1, 1999, the applicant shall fence the entire playfields and courts with a six (6) foot high chain -link fence, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning) 2 7. Use of this site shall be prohibited between sundown and sunrise. The applicant may request use of the site during this time by written request to the City; City reserves discretion as to whether said use will be permitted. (Code Enforcement, Public Information Officer) 8. Use of this site is limited to the current applicant, its successors and /or assigns. The applicant may request use of the site by other parties through written request to the City. (Code Enforcement, Public Information Officer) 9. Prior to construction plan approval, the landscape plan shall be revised to show the hedge along the eastern edge of the parking area be continued along the southern edge of the parking area. (City Forester) 10. The applicant shall work with the City Engineer in designing an acceptable surface water management system consistent with the issues and alternatives set forth in the City Engineer's memorandum of May 18, 1999. (City Engineer) SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. May 14, 1999 Site Plan (Architectural), Fanning /Howey Associates Inc., Sheet G1.1 (1 Sheet). 2. January 25, 1999 Site Plan (Elevations, Floor Plan, and Roof Plan), Fanning /Howey Associates Inc., Sheet G1.2 (1 sheet total). 3. March 9, 1999 Landscape Plan, Roy- Fisher Associates, Inc., 1 Sheet. 4. March 11, 1999 Preliminary Engineering Plan (Drainage), Lawson, Noble & Webb, Inc., 1 Sheet. 5. May 6, 1998 Boundary Survey & Topography, Lidberg Land Surveying Inc., 1 Sheet. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 20th DAY OF MAY, 1999. PLACED ON SECOND READING THIS 3rd DAY OF JUNE, 1999. PASSED AND ADOPTED THIS 3rd DAY OF JUNE, 1999 MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g /short:pud9901.or5 !1 4 . \a Exhibit "A" A parcel of Iend land located in Section 07, Township 42 South. Rance 43 East, within the municipal limits of the City of Palm beach Gardens, Palm 3-each County. Florida. and being more particularly described as follows: Beginning at the Southwest corner of the plat of THE .OAFS - SUN TEPFACE PL A7 3 as recorded in Plot Book 68, at pages 70 through 73. Public Records of P..Im Eeach County. Florida, said point beina the westerly terminus of a line becrirc N•:!r :h 'Nest and having g distonce of 165.09 feat: Thence North 88' 34'7s" Wes:. oforc the westerly e:xtensior. -:f the South line of said plot, c distance of '57.412 . ° -er: thence South 1-1° OS "3 ' d..st. a •]Istance of 554.31 feet to g curve conca e `he_ lest. ho*vini a radius of 380.00 feet ..nd .a central angle of 15° 4719 ": Thence pro• ee -d S,,uther!y along the arc of said curve, a distance of 104.05 feet to the end of ;.tic curve; Then:= South 01° 35'42" 'Nest, parallel with the West line of said plat. a distance of 125.71 feet to a point on the right-of -wav line of Burns Road as described in Officiai Record Book 5438. Pace 668. Public Recor•ys of Palm Beach County,, Florida: Thence South Me 43'15" East. clong said Right of `Nay, c distance of 80.45 feet to the point of cur,• ;tux: of curve concave to the North, hcvinc a radial becrina of North 01° 16'45" East. c r.—cius of 1.617.15 feet. and a central anale of 6° 48'15x: Thence proceed East.er!y c!onq tt:e arc of said curve, a distance cf 192.05 feet to the end of said curve: Thence Ncrth 842 28'30" Ecst. a distance of 73.18 feet to a point on the Westerly richt of «cv line of G• -rdens East Drive, as describea in Official Record Book 6709, Page 1410, Public Feci orris of Film Beach County, Florida: Thence North 35012'27" East. along said Right of W-3y, a distance of 17.01 feet: Thence North 14° 05'44" West. continuing olona said iaht •:f W' - e distance of 136.85 feet: Thence North iOe 25'21" West. continuing cicng said Fiaht of Way, a distance of 325.01 feet to the point of curvature of a curve concave tc the East, having a radial becr.nc of North 79' 34'40" East, a radius of 400.00 feet. cna c central anale of 3_° 11'50 ": Thence proceed Northerly along said Right of `Nay and the arc of scid curve. a distcnee of 231.76 feet to the end of said curve, soil point lying •;n the Westerly line of said plot of THE OAKS - SUN TERRACE PLAT 3: Thence ?forth 14° 05'44" `Nest, along said plot line, a distance of 52.10 feet to c point --n the South lire of said plat of HE OAKS - SUN TERRACE PLAT 3: Thence North 88` 41-1" :vest, clona said SoutF,� lire. a distance of 165.05 feet to the POINT CF BEGINNING of the herein described parcel. Containing in all 6.10 acres• more or less. May 27, 1999 Amendment 1 to Ordinance 24, 1999 The text of proposed Ordinance 24, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 2(3), by rewording the entire condition from: "The applicant shall maintain the landscape in the medians and road shoulders along Burns Road and Gardens East Drive, which are directly adjacent to the site's property line, and which surround the property respectively. (City Forester) "; and inserting after the final period and before "(City Forester) ", the following: "The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural .practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. "; so that it shall read: "The applicant shall maintain: (a) the landscape located in the medians of Burns Road and Gardens East Drive directly adjacent to the property line of the site; and (b) the landscape located in the road right -of -way along Burns Road and Gardens East Drive immediately adjacent to and surrounding the site. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (City Forester)" B. Amend Section 2(6), by removing after "6. "and before "applicant shall fence ", the following: "The ", and inserting after "6. "and before "applicant shall fence ", the following: "Prior to August 1, 1999, the"; by inserting after "the applicant shall fence the entire playfields", and before the comma, the following: "and courts with a six (6) foot high chain -link fence "; so that it shall read: "Prior to August 1, 1999, the applicant shall fence the entire playfields and courts with a six (6) foot high chain -link fence, if walls are not constructed on adjacent properties. If walls are constructed on adjacent properties at a later date, the applicant shall coordinate fence removal with wall construction or remove its fence within sixty (60) days of the completion of the walls. (Planning & Zoning)" C. Amend Section 2 to include the subsection (10); so that it shall read: "10. The applicant shall work with the City Engineer in designing an acceptable surface water management system consistent with the issues and alternatives set forth in the City Engineer's memorandum of May 18, 1999. (City Engineer)" MRY -03 -1999 14 =43 LBF&H - STUART 561 2B6 3925 P.e2 /02 �h LINDAHL, BROWN(NG, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: May 3, 1999 Ga�dep5 i 3 VIA SUBJECT: St. Mark's Episcopal School Playing Fields (LBFH File No. 99 -4027) In response to the direction from Planning & Zoning Staff that was derived from the Planning & Zoning Commission for engineering to evaluate an additional curb cut along Gardens Fast Drive, we offer the following comments: I) We have no engineering objections to an additional curb cut along Gardens East Drive in order to provide better circulation within the proposed parking lot. We do however, recommend limiting the additional curb cut to a "right turn only" egress lane due to the existing median and curvature of Gardens East Drive. In response to the direction from Planning & Zoning Staff that was derived from the Planning & Zoning Commission for engineering to evaluate the concerns of the "downstream" neighborhoods, and if appropriate, examine alternatives to the proposed stormwater system with representatives from the "downstream" neighbors and applicant, we offer the following comments: 1) We have received written correspondence from the "downstream" neighborhood and undertaken preliminary examination of the issues and conducted a record starch of the City's and SFWMD's files. The City has scheduled a meeting with represcntative(s) from the "downstream" neighborhood(s) for Thursday, May 6, 1999. We will offer comments and recommendations to the Planning & Zoning Staff and the applicant when the meeting is concluded and we have evaluated their input. Tr PAP13GMEMOM27g.doc C: Bobbie Herakovieh Roxanne Manning 3550 S.W. CORPOFATE PARKWAY • PALM CITY, FLORIDA 34990 • ($61) 2E46 -3883 • FAX: (581) 2$6 -3925 tv JAvwq.thftcom • e -mad: h(oObfmcom PRIM CRY WEST PALM BEACH V' - fnK PIERCE CCEECN08EE TOTAL P.02 1bF0 LmAHL, BROWNING, FERRARI & HELLSTROM, INC. �otN„-- Date: May 18, 1999 City of P.B. Gardens To: Roxanne Manning, Growth Ent re or MAY 20 1999 ;< GROWTH MANAGEMENT From: Lennart E. Lindahl, City En 'ne t' DEPARTMENT Ti:; Re: 1) St. Mark's Episcopal Chu School 2) Catalina Lakes Resident' Project This is written in response to your specific inquiries regarding the question of adequate drainage for the referenced projects. The conceptual surface water management permit issued by South Florida Water Management District for this basin has the area encumbered by the subject projects discharging through a control structure on the west side of Gardens East Boulevard, into the lake bordering the south side of the City's park and the north side of St. Mark's property. Stormwater then moves into the "Oaks Planned Unit Development" (Oaks PUD), merging with their surface water management system and discharging south under Burns Road and into the Gardens East drainage canal where the final outfall occurs over the fixed crest weir just west of Prosperity Farms Road. When the church project was presented to the Planning and Zoning Commission, representatives from the Oaks PUD attended the meeting and offered objections to any additional stormwater being routed through their surface water management system. Further, they expressed an opinion that the performance of their surface water management system was not consistent with reasonable expectations for flood protection and that the introduction of any additional stormwater from properties lying west of Gardens East Boulevard would only worsen their condition. Accordingly, the Planning and Zoning Commission requested that staff look at alternatives to address their concerns and issues. Following the directive of the Planning and Zoning Commission, we have met with representatives from the Oaks PUD to get a clear understanding of their concerns and what was experienced during periods of flooding. Further, we have reviewed opportunities in the basin to address their concerns. The following is a summary of available alternatives: 1) Increased storage within the basin as a measure to attenuate the degree of flooding. 2) Redirect the stormwater systems for St. Mark's recreational fields and Catalina Lakes to the RCA Boulevard drainage basin. This would eliminate any additional drainage from going through the Oaks PUD. 3550 S.W. CORPORATE PARKWAY, PALM CrIY, FL 34990 561- 286 -3883 - FAx 561-286-3925 • WEST PALM BEACH • FORT PIERCE • OKEECHOBEE Memorandum Roxanne Manning, Growth Management Director May 18, 1999 Page Two 3) Redirect the drainage in a manner such that it does not go through the Oaks stormwater management system; instead, it would come in downstream from the Oaks PUD control structure on the north side of Burns Road, east of the hospital. 4) Investigate enlarging the open channel traveling south from Burns Road to the confluence with the Gardens East primary canal. 5) A combination of the above alternatives. 6) No change to the existing conceptual surface water management permit. I have initiated contact with South Florida Water Management District regarding the need to investigate these alternatives. We will be prepared to meet with the applicant's technical representatives in the very near future when we have compiled all pertinent information and are prepared to evaluate the pros and cons associated with each one of the alternatives. It is our recommendation that construction not proceed until an overall solution has been identified and funded. LEL /dw cc: Bobbie Herakovich, City Manager G :\DcbbwWUdSt Ma& Ep"=pal chi scbool.&c 3550 S.W. CORPORATE PARKWAY, PALM CrrY, FL 34990 561- 286 -3883 - FAx 561- 286 -3925 a WEST PALM BEACH • FORT PIERCE • OKEECHOBEE i at VOQIOl3 'SN3ailV9 HOV30 YVIVd •..,�� v ino.kvi a131J aul SaqufaoSSv •��_ �1 i i0 Nouvaaoau ivniaaaMOa �8M0 IOOHOS IVdOOSld3 U 0. < K F OOE J Z c < C � � v � U w � • ! ion 7 � W .0 a E !Q •N x avow � k r !g IT 3 a a .000 1 R ji j J = i Q' o n a eE E -cc v i Z o CL Z� 4 7 O •tJ o:) • ` !! F- N « • / /U %b Vie:. �. _ � � �E O a o W o H auad 6661 9[? :89 :Z1 tSE O C Q oZ �� .•tea • .• fir K Lf ° O ! !a a IN-ill. ,L z N avow � k r !g IT 3 a a .000 v o n in W JNI�NOZ a OX 0 Z o INNVW Z� i CS 666 o:) • ` `:..^ `y} i `:i ..... •''i: / /U %b Vie:. �. _ auad 6661 9[? :89 :Z1 b1 AeW iJJ 9Ma' i -i6 \00££096\ :t avow � k r !g IT 3 a a .000 v o n in W JNI�NOZ a OX 0 Z o INNVW Z� �NJ CS 666 o:) auad 6661 9[? :89 :Z1 b1 AeW iJJ 9Ma' i -i6 \00££096\ :t MAY.27.1999 3 :32PM Lh May 27, 1999 LBFH —WPB NO. 434 LINDAHL, BROWNING, FERRARI & HELLSTROM; INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS Gregory J. Fagan, P. E. Schaefer & Fagan 4152 West Blue Heron Boulevard Suite 128 Riviera Beach, Florida 334044859. Re: City of Palm Beach Gardens; RCA Drainage Basin Dear Greg: .2/3 0--K'76 4 19iv � In response to your request, I am transmitting herewith information from our files regarding the hydraulic and hydrologic analysis for the RCA Basin and channel that were all part of a permit for improvements in this basin following the October, 1995 major storm. The information includes all of the output for analyzing various storms, the hydraulic profile in the RCA ebannel that parallels RCA Boulevard. from Prosperity Farms Road westerly to Alternate AIA, and the actual South Florida Water Management District permit with all of its conditions. Confirming our telephone conversation this day, you need to be aware of the fact that there is an existing drainage problem for The Oaks Planned Community Development (PCD) lying between. Burns Road and RCA Boulevard, east of Gardens East Drive. Drainage from new development proposed for the area west of Gardens East Drive and east of Alternate Al is. currently planned to go through The Oaks PCD as an upstream drainage component. However, residents in The Oaks. are. not wanting to have any additional drainage come through their project because of the degree of flooding that occurred both during the October, 1995 storm and the January 2, 1999 storm. One of the priority alternative solutions is to take the drainage from the two new projects lying west of Gardens East Drive and route them into the RCA channel. I am pointing this out because I do not want you to get too optimistic about utilizing the RCA drainage system for a positive outfall to serve the property lying north of RCA Boulevard and in the southeast quadrant of PGA Boulevard and Alternate AlA. As City Engineer, I would hold a higher priority to solving a problem for existing residents in The Oaks PCD. We hope to have the selected alternative for the proposed development lying west of Gardens )East Drive identified within 30 days. 2090 PALM BEACH LAKES BOULEVARD. SUITE 600 • WEST PALM BEACH. FLORIDA 33408 • (561) 694 -3375 • FAX: (561) 689 -8531 hrtp: / /www.lbfh.com • e -mail: wastpalmOlhfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE -MAY.27.1999 3:32PM LBFH —WPB s' NO. 434 P.3 /3 Gregory J. Fagan, P. E. Schaefer & Fagan May 27, 1999 Page Two Please c ou have any questions about the information accompanying this letter or if you want to 'sc any of the issues surrounding the potential competition for utilizing the RCA outfall m Le 7ofll , P. E. C oard LEL /d Enclos CC' Bobbie Herakovich, City Manages irector Roxanne Manning, Growth Management D Roger Dyess Tracy Robb G.DetDlaaWdUa W �9� e RCA fti.W dw H CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Date Prepared: June 2,1999 Subject/Agenda Item: Consideration of Approval: Petition SP- 99 -03, originally Petition SP- 97 -01, Henry Skokowski, agent for Northlake Partners, is requesting a Site Plan approval for a proposed 90,363 square foot shopping center to be named NorthMil Plaza. The proposed center will be anchored by an "Albertson's" supermarket and will contain three "lease- parcels" for future development. The shopping center is to be located on a 11.5 acre parcel with a CG- 1 General Commercial zoning designation. The parcel is generally located at the northeast corner of Military Trail and Northlake Boulevard (13- 42S -42E). Recommendation /Motion: Staff recommends approval of Resolution 47, 1999, with twenty -one (21) voluntary commitments: Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Growth Management I Total r ] Approved Finance N/A ACM Human Res. N/A Other N/A Submitted by: Growth Management Director Approved by: City Manager JW Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required $ 0 Current FY Funding Source: [ ] Operating [ ] Other N/A Budget Acct. #:: ] Approved Wi c«,ditims ] Denied ] Continued to: Attachments: • Resolution 47, 1999 • Site Plan • Landscape Plan • Landscape Detail • Map: Site Area • 3/8/99 Narrative: Revisions • March 3, 1998 Staff Report • 5/11/99 Narrative: Revisions • 6/1/99 Pinder Troutman letter [ . ] None Agenda Cover Memorandum Page 2 BACKGROUND: Date: June 3, 1999 On March 5, 1998, City Council denied petition SP- 97 -01. The Council denied this petition for a number of reasons, some of which were: the noise nuisance for the adjacent residential community due to close proximity of a loading and unloading zone; increased traffic congestion and hazardous conditions, specifically the proximity of the Military Trail left turn lane to the Northlake Blvd. /Military Trail intersection; and a potentially dangerous school crossing created at the ingress and egress onto Military Trail. Additionally, a determination was made that the site plan did not meet the intent of the code. A court order quashed the City Council's denial; therefore the matter is back before Council for consideration. The petitioner has re -filed the petition (SP- 99 -03). The petition was scheduled for consideration by the City Council on March 18 and April 8, 1999. On March 18, the petition was rescheduled because another matter of great controversy was scheduled before the City Council. The matter was not heard on April 8 because petitioner failed to properly notify affected residents. The petition was scheduled a third time for May 6, 1999. City Council postponed that hearing upon the advice of legal council following a court ruling which occurred the day prior. Postponement was necessary so that staff could have all necessary materials and personnel present to support a quasi - judicial decision and to allow staff adequate time to review all issues and concerns regarding the new petition. SITE PLAN EVALUATION: The new petition incorporated the following changes: (1) The location of the main shopping center building has been shifted 10 feet to the west, thus adding 10 feet of distance between the rear of the building and associated loading activities, and the adjacent residential parcels to the east. The petitioner has also provided additional landscaping (18 additional laurel oaks) within the increased buffer along the eastern property line. (2) The movement of the building has necessitated the movement of several parking spaces into previous green spaces within areas designated for future development area. This has caused some reduction of proposed square footage in the future development areas, although the total proposed square footage for the main shopping center remains unchanged. The reduction in square footage include the following: Agenda Cover Memorandum Page 3 Date: June 3, 1999 (3) The petitioner has also reduced the number of 10' by 20' parking space and increased the number of 10' by 18.5' parking spaces to accommodate the relocation of the main building. Staff has no concern over these changes because the number of spaces and their dimensions still meet minimum code requirements. Staff has reiterated, however, that the future development areas must be approved as amendments to the site plan and that the parking required must be calculated separately for each future development area. (4) Since the denial of the original petition, the Northlake Boulevard Corridor Task Force has developed a landscaping program for this particular section of Northlake Boulevard. In particular, the existing median located in front of the western entrance into the shopping center has been assigned a specific landscaping treatment by the consultants for the task force, Team Plan Associates. Staff recommended that the petitioner include landscaping on this median island in accordance with the landscape program developed by Team Plan. (Staff has recommended similar conditions of approval. for other new projects developing along Northlake Boulevard.) The petitioner has modified the landscape plan accordingly. (5) Staff also requested that the petitioner revise the landscape plan to avoid potential conflict with power lines along the southern property boundary, where the installation of the right turn lane will necessitate the movement of power lines into the landscape buffer. The petitioner has complied by providing smaller tree species (silver buttonwoods instead of live oaks) in this locale as well as landscape diamonds which will allow for the installation of taller tree species into the parking area and away from the power lines. (6) The petitioner has agreed to most of Assistant City Engineer Tammy Jacobs' comments. However, the petitioner has requested that they be allowed to submit a boundary plat prior to certificate of occupancy instead of building permit. This request is not satisfactory to the City Engineer, however, so a condition of approval will tie plat approval to the first building permit. (7) The petitioner has agreed to all the original voluntary commitments (commonly referred to as conditions of approval) with the exception of: 1) Military Trail sidewalk, Agenda Cover Memorandum Date: June 3, 1999 Page 4 2) the buildout date and 3) the parking ratio for future development area #3. (8) Staff addressed the Military Trail sidewalk matter in the "issues" section. (9) Staff agreed to extend the buildout date (see condition 20) in exchange for concessions on parking requirements and subdivision of the parcel. (10) Staff had concerns about modifying the parking requirement for future development area #3 which is planned for a restaurant. Recent project approvals which included restaurants as future development areas or outparcels required the restaurants to meet the parking standards for the use rather than a shared - parking scenario (Pep Boys /Applebees and Walgreens /Polio Tropical). Staff and the petitioner have agreed to parking ratios for all the proposed uses on site, including the in -line retail center and the three future development areas. These parking ratios meet the minimum requirements in Section 118 -476 as if each use had been calculated as a stand alone development. For example, the restaurant use designated for Future Development Area 3 is calculated at 1 space per three seats + 1 space per employee at maximum shift, assuming six employees and 75 seats. (11) Staff was also concerned about the potential subdivision of the future land development areas which would lead to non - conforming parking situations and other site dimension non - conformities. The petitioner has agreed to a unity of title for the entire 11.5 acre parcel. (see condition 21) which will prohibit the developer or future owners from subdividing the land into separate fee - simple parcels. ISSUES: The City Engineer recently requested updated traffic data because of the proposed extension of the build out date from December 31, 1999 to December 31, 2001 and because the original traffic data was outdated. The City Engineer has reviewed the updated data and has determined that the level of service will pass at the proposed build out date due to the adoption of a CRALLS on Northlake Boulevard by Palm Beach County. (see attached letter from Kahart Pinder dated June 1, 1999) City staff has serious concerns about the "FDOT configuration" of the proposed crosswalk at the Military Trail ingress /egress point. It is staffs concern that the sidewalk is too exposed to the Military Trail traffic lanes and that the configuration too complex for a crossing guard to safely control. Staff is proposing a voluntary commitment, which states: "The City and the applicant shall work together to determine an appropriate location for the crosswalk located at the Military Trail egress /ingress and together shall seek approval of the preferred sidewalk location from FDOT. The final determination of the location of this sidewalk, which shall be acceptable to the City Engineer, shall be made prior to'the Agenda Cover Memorandum Date: June 3, 1999 Page 5 issuance of the first Building Permit." City staff also has serious concerns regarding the process by which the variance permit was obtained from FDOT for the median cut on Military Trail. Typically, variance permits are issued only after the associated project has received its development order. Additionally, the issuance of such variances should be subject to the administrative procedures established by the State, including advertisement and public hearings. There is no evidence that either of these procedures were followed when the variance in question was issued. However, it is the opinion of the City Engineer that if this project is approved, it is better to have the median cut than not to have it. Therefore staff is not recommending any condition of approval regarding this median permit.. Staff has also raised a concern regarding a previously unnoticed code nonconformity regarding the number of ground signs on site. (Only one is allowed; the petitioner was indicating two). The petitioner has submitted a revised site plan indicating only one ground sign. They have indicated that they intend to apply for a variance at a later date to request a second ground sign. There was extensive discussion at the previous City Council hearing about the noise which could be generated by trucks unloading at this project. A condition of approval (condition 13) reflects this concern. However, staff has found that there are state laws requiring that frozen food in trucks be kept within a narrow temperature range. Therefore it may not always be possible for frozen food trucks to turn off their compressors. In any case, the noise from these trucks will still comply with the City's noise ordinance once mitigation measures are taken, according to the City's noise expert. Staff is recommending approval of this petition with the following voluntary commitments which shall be considered binding upon the applicant, its successors and assigns: (1) The applicant shall dedicate the ten (10) feet of R.O.W. along Military Trail to the Florida Department of Transportation (FDOT) prior to the issuance of the first Building Permit. (Building Division, Development Compliance Officer) (2) The applicant.shall dedicate the 6 feet of right of way along Northlake Boulevard to Palm Beach County prior to the issuance of the first Certificate of Occupancy. (Building Division, Development Compliance Officer) (3) The applicant shall submit detailed design calculations for onsite drainage improvements as well as possible outfall improvements to the City Engineer for review and approval, prior to construction plan approval. (City Engineer, Building Division) Agenda Cover Memorandum Page 6 Date: June 3, 1999 (4) The applicant shall submit a boundary plat, suitable for recording, for review and approval by the City Engineer before the issuance of the first Building Permit. (City Engineer) (5) When the "Future Development Area # 1" and "Future Development Area #2" are constructed, the vehicular access for each parcel shall be limited to the internal north -south drive aisle. (City Engineer, Planning and Zoning Division) (6) Prior to Construction Plan approval the "Typical Exfiltration Trench Detail" and data in Exhibit "c" shall be reconciled to the satisfaction .of the City Engineer. (City Engineer, Development Compliance Officer) (7) The existing drainage inlet (catch basin number 5) shall be replaced with a new inlet or properly cleaned of tree roots and any structural drainage repaired prior to first certification of occupancy. (City Engineer) (8) Any modifications to the sidewalk on Military Trail and Northlake Boulevard shall be done prior to 8:00 a.m. and after 5:00 p.m. so as not to interrupt continuous pedestrian use of those sidewalks during the day.(Building Division, Development Compliance Officer) (9) The City and the applicant shall work together to determine an appropriate location for the crosswalk located at the Military Trail egress/ingress and together shall seek approval of the preferred sidewalk location from FDOT. The final determination of the location of this sidewalk, which shall be acceptable to the City Engineer, shall be made prior to the issuance of the first Building Permit. (Development Compliance Officer, City Engineer) (10) The petitioner shall, by separate instrument, dedicate public access to the sidewalk located outside the Military Trail R.O.W. prior to the issuance of the first Certificate of Occupancy, if such configuration is permitted by FDOT. Such dedication shall be recorded in the public records. (Development Compliance Officer, City Engineer) (11) The. speed hump shall be indicated on the construction plans to be extended across both ingress and egress travel lanes prior to construction plan approval, if FDOT permits the location of the sidewalk outside of the Military Trail right -of -way. (City Engineer) (12) All deliveries to the site shall be limited to the hours of 7:00 a.m. to 9:00 p.m. (Development Compliance Officer, Code Enforcement) (13) All refrigerated trucks shall be required to switch off refrigeration equipment while Agenda Cover Memorandum Date: June 3, 1999 Page 7 on site. (Development Compliance Officer, Code Enforcement) (14) All vehicles shall be prohibited from stopping or standing with engines idling on the north and east sides of the shopping center. (Code Enforcement, Development Compliance Officer) (15) The petitioner shall agree to limit garbage collection to the hours between 8:00 a.m. to 5:00 p.m. Monday through Saturday, to the best ability of the City's waste collector. (Code Enforcement, Development Compliance Officer). (16) Design and operation of all improvements on the property shall be conducted in such a manner so as to avoid pure tones and impulsive sounds which are audible at the north and east property lines, and mechanical and electrical equipment selected for the project shall not emit pure tones or impulsive sounds which are audible at the north and east property lines. (Code Enforcement, Building Department) (17) The following parking calculations have been agreed to (all square footages are gross): (a) In -Line Retail: 1 space per 200 square feet. (b) Future Development Area (Retail): 1 space per 250 square feet. (c) Future Development Area (Financial with drive - thru): 1 space per 250 square feet. (d) Future Development Area 3 (Restaurant with drive - thru): 1 space per 3 seats + 1 space per employee on maximum shift. (Planning and Zoning Division) (18) All shopping center wall signage shall be internally - illuminated blue acrylic -faced lettering. (Development Compliance Officer) (19) The applicant shall provide, at their own expense, a crossing guard certified by the City of Palm Beach Gardens Police Department at the shopping center's Military Trail entrance crosswalk during the morning and afternoon school hours, as designated for the Grove Park Elementary School zone. This commitment shall continue in perpetuity. (Code Enforcement) (20) Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of rights -of -way and easements shall be completed prior to December 31, 2001. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations. (Planning and Zoning Division, Engineering) Agenda Cover Memorandum Page 8 Date: June 3, 1999 (21) The petitioner shall record a Unity of Title for the property within 60 days of the effective date of this ordinance. The intent of this document is to prevent subdivision of the overall site for the purpose of fee - simple conveyance of ownership of future development areas 1, 2 and 3. (Development Compliance Officer) G: \Short Range \sp9903.st3.wpd June 2, 1999 RESOLUTION 47,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A 90,363 SQUARE FOOT SHOPPING CENTER TO BE NAMED NORTHMIL PLAZA AND LOCATED ON AN 11.5 ACRE PARCEL AT THE NORTHEAST CORNER OF MILITARY TRAIL AND NORTHLAKE BOULEVARD; PROVIDING FOR BINDING VOLUNTARY COMMITMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the petitioner, Northlake Partners, is requesting site plan approval for the construction of a 90,363 square foot shopping center to be named Northmil Plaza and located on an 11.5 acre parcel at the northeast corner of Military Trail and Northlake Boulevard; WHEREAS, the City Council has determined that the proposed petition is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the site plan for a 90,363 square foot shopping center to be named Northmil Plaza and located on an 11.5 acre parcel at the northeast corner of Military Trail and Northlake Boulevard, as described in attachment "A ", which is incorporated as part of this resolution. Section 2. Said construction shall be in accordance with plans on file with the City's Planning and Zoning Division as follows: 1. May 26, 1999 Site Plan, Urban Design Studio, 1 Sheet 2. May 26, 1999 Landscape Plan, Urban Design Studio, 1 Sheet 3. March 8, 1999 Detail Sheet, Urban Design Studio, 1 Sheet 4. May 26, 1999 Landscape Details, Urban Design Studio, 1 Sheet 5. July 3, 1997 Military Trail Landscape Plan, Urban Design Studio, 1 Sheet 6. October 9, 1997 Architectural Elevations, Ted Davis and Associates, Sheet A -1 7. August 19, 1997 Architectural Elevations, Ted Davis and Associates, Sheet A -2 8. January 6, 1998 Architectural Elevations, Ted Davis and Associates, Sheet A -3 9. January 27, 1997 Architectural Elevations, Ted Davis and Associates, Sheets A4, A -5, A -6 10. October 10, 1997 Sign Details, Urban Design Studio, 1 Sheet 11. March 8, 1999 Lighting Plan and Notes, Urban Design Studio, 2 Sheets 12. December 21, 1997 Conceptual Drainage Plan, Urban Design Studio, 1 Sheet 13. June 25, 1996 Traffic Impact Analysis, Yvonne Ziel Traffic Consultants, Inc. Section 3. Approval is based on the following voluntary commitments which shall be considered binding upon the applicant, its successors, and assigns: (1) The applicant shall dedicate the ten (10) feet of R.O.W. along Military Trail to the Florida Department of Transportation (FDOT) prior to the issuance of the first Building Permit. (Building Division, Development Compliance Officer) (2) The applicant shall dedicate the 6 feet of right of way along Northlake Boulevard to Palm Beach County prior to the issuance of the first Certificate of Occupancy. (Building Division, Development Compliance Officer) (3) The applicant shall submit detailed design calculations, for onsite drainage improvements as well as possible outfall improvements to the City Engineer for review and approval, prior to construction plan approval. (City Engineer, Building Division) (4) The applicant shall submit a boundary plat, suitable for recording, for review and approval by the City Engineer before the issuance of the first .building permit. (City Engineer) (5) When the "Future Development Area # 1" and "Future Development Area #2" are constructed, the vehicular access for each parcel shall be limited to the internal north -south drive aisle. (City Engineer, Planning and Zoning Division) (6) Prior to Construction Plan approval the "Typical Exfiltration Trench Detail" and data in Exhibit "c" shall be reconciled to the satisfaction of the City Engineer. (City Engineer, Development Compliance Officer) (7) The existing drainage inlet (catch basin number 5) shall be replaced with a new inlet or properly cleaned of tree roots and any structural drainage repaired prior to first certification of occupancy. (City Engineer) (8) Any modifications to the sidewalk on Military Trail and Northl'ake Boulevard shall be done prior to 8:00 a.m. and after 5:00 p.m. so as not to interrupt continuous pedestrian use of those sidewalks during the day.(Building Division, Development Compliance Officer) (9) The City and the applicant shall work together to determine an appropriate location for the Resolution 47, 1999 Page 2 crosswalk located at the Military Trail egress/ingress and together shall seek approval of the preferred sidewalk location from FDOT. The final determination of the location of this sidewalk, which shall be acceptable to the City Engineer, shall be made prior to the issuance of the first Building Permit. (Development Compliance Officer, City Engineer) (10) The petitioner shall, by separate instrument, dedicate public access to the sidewalk located outside the Military Trail R.O.W. prior to the issuance of the first Certificate of Occupancy, if permitted by FDOT. Such dedication shall be recorded in the public records. (Development Compliance Officer, City Engineer) (11) The speed hump shall be indicated on the construction plans to be extended across both ingress and egress travel lanes prior to construction plan approval, if FDOT permits the location of the sidewalk outside of the Military Trail right -of -;way. (City Engineer) (12) All deliveries to the site shall be limited to the hours of 7:00 a.m. to 9:00 p.m. (Development Compliance Officer, Code Enforcement) (13) All refrigerated trucks shall be required to switch off refrigeration equipment while on site. (Development Compliance Officer, Code Enforcement) (14) All vehicles shall be prohibited from stopping or standing with engines idling on the north and east sides of the shopping center. (Code Enforcement, Development Compliance Officer) (15) The petitioner shall agree to limit garbage collection to the hours between 8:00 am. to 5:00 p.m. Monday through Saturday, to the best ability of the City's waste collector. (Code Enforcement, Development Compliance Officer). (16) Design and operation of all improvements on the property shall be conducted in such a manner so as to avoid pure tones and impulsive sounds which are audible at the north and east property lines, and mechanical and electrical equipment selected for the project shall not emit pure tones or impulsive sounds which are audible at the north and east property lines. (Code Enforcement, Building Department) (17) The following parking calculations have been agreed to (all. square footages are gross): (a) In -Line Retail: 1 space per 200 square feet. (b) Future Development Area (Retail): 1 space per 250 square feet. (c) Future Development Area (Financial with drive - thru): 1 space per 250 square feet. (d) Future Development Area 3 (Restaurant with drive - thru): 1 space.per 3 seats + 1 space per employee on maximum shift. (Planning and Zoning Division) (18) All shopping center wall signage shall be internally - illuminated blue acrylic -faced lettering. Resolution 47, 1999 Page 3 (Development Compliance Officer) (19) The applicant shall provide, at their own expense, a crossing guard certified by the City of Palm Beach Gardens Police Department at the shopping center's Military Trail entrance crosswalk during the morning and afternoon school hours, as designated for the Grove Park Elementary School zone. This commitment shall continue in perpetuity. (Code Enforcement) (20) Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of rights -of -way and easements shall be completed prior to December 31, 2001. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations. (Planning and Z* oning Division, Engineering) (21) The petitioner shall record a Unity of Title for the property within 60 days of the effective date of this ordinance. The intent of this document is to prevent subdivision of the overall site for the purpose of fee - simple conveyance of ownership of future development areas 1, 2 and 3. (Development Compliance Officer) Section 4. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. VOTE: COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO GAShort Range\sp9903.re.wpd Resolution 47, 1999 Page 4 CITY ATTORNEY AYE NAY ABSENT i••� Ueld O S s tr'3 111,lill, } Zti2i 'Zb1 'E LS 90-96-and #uomi:d ! epuoi= 'SuapieE) yoea8 Wild 1I n11 ;jf,;, � �z�Id I!W IJON st, , , , a rr, rpdpi 'Q44}rJiipb. epi K "fld �LSygFpFS��" I m 99 All u1II / v CI ,gg�y7 0 , g Bp? — -- ------- - - - - -- -- moa „1 �. a �I I i I I I a I � a S I El 91: 5i sli LU 1 r J F. I Z W � 1 W F� X � I W I1 I I vvai Aaeiiilw 1 R P m GW D m3C Y3 Y a A�tlii SF �a 0 m A .� If 4�„wE.EE,n,�n,O A E.nw . _ slaaa� _ kL F_ —._._ _._ —.— _._ — ._. — — — — ._ �eemar nwnw. �— F �e nu me nnvwE s . u laE won enowi I`' I MILITARY TRAIL u,.un now e.• I I 1-41 g I . "e >' �£ gA lo Fl i I i I I I al I I � I � I I I — oo.oa I I 1 I a" I I— y I I 1 - -- I fy � E D v a m o «nTf w�5 Z fa ° 5'd p L y S po L S 2 D s m \ D m ji FE n I UN IF e ®1"NorthMil Plaza Palm Beach Gardens, Florida Petition# PUD -96 -05 S13, T42, R42 Landscape Plan JUN -03 -1999 17:10 PBC TRAFFIC ENG 561 478 5770 P.01i01 +t�1eft c PALM X EACH c*UNTY )EPARTNEW OF SNOINEI01ING AND PUBLIC WORKS TRAFFIC $NGINEB'RING )IVISIIN FACSIMME TRANSMITTAL Date; June 3, 1999 Name: Y%im Glas, Al( '11' From: Al Federico, P.E. City of Palm Beach Gartlpn& Senn u• Traffic Engineer Phone_ .561:77b.tS2y5 Phone; 561.684.4030 Fax: 561.775.8244 Fax- 8ubjnct: Northlake Commons - TPS Review Pages: 1 ' inclWKag fhiA rover page The Palm &:ach County Trathc llividon has reviewed dii, i ttformation (received June 3, 1999) submitted for the Northlake (15 minions, project. At this time we have the following comments: 1. A cumplete traffic study must be submitted. 2. The assumed intertimlization.of project traffic is excetwive. . S. iwufficienc information buti been In-ctvided to support the assumed growth rates for I -95. 4. The study should include the distribul.iun and assignment of project traffic. to all thoroughfaxe niadways within the Toot One Rwhus of Tnfluenco. This includes, bul. i. not limited to, PGA BuulevArd. Based on thix reidew the Traffic Division has deter mined that thuv project does not riwid line Traffic Performance Sluri.dar&- of !'alms Beach County and shriuld not be approved until these issues have been addressed. Please. contact me if you have any questions regarding these Comm.enfm. ca Tammy Jacobs . UndAhL Browniuu. Furasi & Hdlef=4 Inc (fax 5f51 W.4925) Andrea Tzeutawn, P.E. - Piadcr TcnnMAn Cowultiuk (fax 5&L484, IM) Y-onne Z1e1, P.F... Yvuuuc Vel Trufc Conwltantc Sfax ah l.624.SI M FL•• \TAAI'F!C\wpt\tpu \u!B+Nir t.uvpd Please call 561.684.4030 if this information was nol transmitted clearly. TOTAL P.01 interoffice M EM O R A N DU M r to: Lt. Richard Facchine F 'r cc: Bobbie Herakovich, City Manager from: SGT GLENN T. BROWN re: Traffic Accidents - Northlake vd. at N. Military Trail $ b date: May 27, 1999 Lt. Facchine, As a result of the request from the City Manager's Office, I contacted Palm Beach County Traffic Accident Records Unit regarding information on the traffic accidents in the area of Northlake Blvd. and N. Military Trail. The request covered the areas north to Arbor Way, South to the City line, east to beating Drive and west to Highland Pines. Attached are the computer listings of all the traffic accidents for 1998 and 1999- to -date for this area. The 1999 list does not indicate location, so I have attached the face sheets for each accident reported. Also attached is a breakdown of the data for easy reference. Please advise if there are any further questions or any other data desired. L , s� -z 7-�79 from the desk of_ SGT GLENN T. BROWN TRAFFIC UNIT COMMANDER PALM BEACH GARDENS POLICE DEPT. 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 561 - 622 -2111 Fax: 561 - 624 -0813 Traffic Accident data Northlake Blvd at N. Military Trail 1998 - 1999 -to -date 1998 1999 In the Intersection or within 100 ft. 23 9 East to Keating Dr 15 6 west to Highland Pines 6 3 north to Arbor Way 10 1 south to City Line 17 4 Totals 71 23 Above figures represent all traffic accidents occurring IN THE ROADWAY at this intersection or within the target area. Accidents occurring in parking lots are not included. Two (2) of the above listed accidents involved children on bicycles that were crossing the entrance to Garden Park Plaza enroute to school at Grove park. Elementary. Another adult female was struck on a bicycle while crossing the entrance to Garden Park Plaza on Northlake Blvd. Date:04/05/99 Pa #: 353 Pain litach County Acci dent Listina Beginning Report- mate :431/41!/98 T Endina Report Date:12 /31/98 • Location Dir Dist Ag hate Time Acc S I F V V H H # # i n a 1 2 E E -------- - - - - -� - - - -- — - -------- --- t .i t D I) 1 2 NORTHLAKE - BV&SILVERTHORNE 47` 78 i�:/02/98 - -- 13:42 - - -- -- 055448517 2 0 0 W S 3 0 NORTHLAKE BLAKE B`•6SILVER t HORME 0 78 12/47.�2.196 16:07 055622269 2 0 0 W S 3 0 NORTHLAKE BWtSILVERTHORNE 0 78 12J31 /98 16:50 055623224 2 0 0 E W 4 0 HORTHLAKE 1-; V &S0LITFiWIND DR 0 70 01/07/98 15 :10 054085367 2 0 0 E E 1 0' NORTHLAKE BV&S00THOI ND DR 0 70 + b3/17/9$1 22:45 054086048 2 0 0 W W 6 0 r;O -i; i L A K E B G011,i-IWJAD Dpi W 154; 70 04 /11/98 12::0 054086710 1 0 0 W W 6: 0 rquRTHLAKE ATiV &S0U1HW1Nll Iii; E 500 70 476/495/98 20:00 054085786 4 0 0 W W 1 17 hORTHLAKE BVUSOU THWIND yF< E 0 70 06/14198 14:48 054085541 2 0 0 W W 6 0 HORTHLAKE BV & 5 G 0 T H i.kt.(' N i; DR E 400 70 00'; -Oii98 10:25 054086807 2 0 0 N W 3 0 t�OUHLAKi. BVi,5O�i T HW1NTj 1) i=t E: 1320 741' 08.827/98 054086150 4 1 0 S W 5 0 NOR t ml-AM: :J6Vh50U T ri N1) A 0 70 11/0196 10"i. 46 051341712 2 1 0 W W 1 0 NORTHLAKE. BVi SOOTHWIND DF.- W -;;h0 . 7:3 121'241-78 .i8 :00 054086290 1 0 0 W W 1 0 N��RTHLP Kr ;til &SR 5 w ; 713 0311 >'f4E; 1 -;:03 054085158 3 3 0 E E 1 0 NORTHLAKE BV&SR 70 03/30/98 E6: 01 054066031 3 1. 0 E E 1 (4 NO Tiil_AKE DV&SR fn hl l3 0 ; h 0,6/05 -8 ).3:46 05441864159 3 0 0 N E 3 1 NiiR2HL.AKE BV&SR 5 W i5 715 06/0/96 .1.0 :54 054085141 3 0 0 E E i U i'• ORTHLHKE BV&SR 5 -w 50 70 071 1.i.ii /'O 1 Y: 24 0544361.26 3 6 0 E E 1 0 NOR T BLAKE BV&Sk- '5 0 70 07/19 /913 11:10 054085586 0 P, E E 1 43 N0RTHLAKE BV_kSR 5 W 1056 70 +32;/2:1/1;8 1.2:37 0 5408°401 1 0 0 W w 1 0 NORTHLAKE: I:V €S!-i 5. 0 2500 70 10/i9/98 19:30 054086119 1 1 0 w W 1 0 NORTHLAKE BV&SR 5 w 100 70 10125198 19:09 054086905 4 1 0 N E 3 0 . NORiHLAKE BV&SR 5 w 500 70 Ii/06/98 i3 :57 054086918 4 2 0 S E 4 0 H40R i'HLAK"E BV&SR 5 W 50 70 11/10/98 22: 30 054086172 3 0 0 W W 6 0 NORYth -Ar:E DV6SR 5 0 70 11/21i98 :149:40 054086037 2 0 0 E E 1 4r, NORTHLA-KE i J V&SR 5 w :; 10 12/15/98 20 :25 054086288 3 0 0 E E 1 0 NORTHLAKE EN&SR 710 vi 0 77 05/05. /98 Its :10 053879941 1 0 0 W w 1 0 NuR+HLr;Ki. BVi�SF; %ib i; :.c,,443 77 116.=26. %98 21:45 0558214582 1 1 0 W E 6 0 H.iRTHI_AKE- BV&SR 7io w 8976 A3 08/29/98 :i3 :20 056725520 1 0 0 W 19 0 OrJ THLAKE i1V€t5R 71.0 60 7? 0E; /21iYS 17 :36 055820903 5 0 0 W W 1 0 NUR T H L A K E I:V&,SR 710 H 75 43 10/ 11 / 98 8:3b .055620525 1 0 0 S S 1 0 NORTHLAKE BVh�R 714 W `a26 0 7! 11 :45 055820242 1 0 0 19 0 NOR T HLAKE. BV&SR 710 0 78 t1./09P/ B 6:35 053982183 2 0 0. W E 4 0 NORTHLhKE DV&SR 71b 0 728 4+1!itil`ro o :40 053982185 2 0 0 N W 3 0 NORTHLAKE BV&SR 716 W 7 i 78 0 1/::2.%98 17:05 053982547 1 0 0 E E 1 0 NORTHLANE DV&Sk 71b 0 J8 03/113/93 13 :50 055806411 2 0 0 E 31 0 MORTrlLAKE BV&SR 710 0 722 04/14/92; 6 :10 055806238 2 0 0 W E 4 0 NORTHLAKE BV &Sfi 7141 E 15 78 0 'It /03%98 17:10 053528225 3 5 0 W W 1 0 NORTt9LAKE BV&SR 7143 E ° b 78 @6/12198 15:00 055806301 1 0 0 E E 77 0 NORTHLAKE BV&G3R 71.0. W 75 76 D9/ 1.4i98 1b— 1.4 055447516 5 0 0 w '1 0 NOFt t HLHKE BVt SIl: 7 1b w 100 78 L2i' i-.s /98 is :39 055448%92 1 ,3 0 E E 1 0 NORhii_AKC itV65 71b 0 94 01113/98 1.1:41 0558109b? 77 0 0 W W 6 4%i N T riLAr:E H'vi.SI�: 711 W 22141 94 14/34119:3 :'.?5 053633671. 7i 0 0 E' 19 0 itil7fi T i;KE t'h:,t: ? ]. 0 W 105 Y.Y 49c�; 113! `1 f i ii: 40 0:1018627.' 1 1 0 w 31 0 NOR N—AKE BV2.2sR /.10 2640 4 ac; /22/y8 1.:140 4350185593 1 1 0 w 1.7 0 taOFi ► HLaHt )iv° Jrt ��VIQ E 54749 . %1 i ?lti.•' .L f. t :s i.;>> 1.0 053002.722 1 1 0 E E 1. 0 NOR�T HLAvt-, rs'i 9Rl x409 kk : -0 i i 1 i' 4i*`:'8 r1: 35 495;' 54439:,6 0 0 E 1 0 Date: 0N05/99 Po #: �-~ Pain keam Cadupp Listamw (' Beginning keporr Date:01/11/18 Enoino Reoort Date:12/33/98 ~ ^ ` Location Dir Dist Ag Date We Acc S I F V V ^ H H � # i n a 1 2 E E ' t j t D D 1 2 ------------------------- 6x 609 &NELALEOCA LA - W ---- 160 -- 77 -------- 12/12/98 ----- 2:25 --------- 056131613 - 1 - 1 - 0 - N - N _- 3 -_ fA 5R 809 &MEL*LEbCFA LA K 001 /7 0/12/98 18:10 056134531 l 0 0 S S 1 0 Q 809 MELALWA La N 100 17 WRS118 34:10 056131089 l 2 0 S S 1 0 Sk 809 MLoLEULA iK S 216 77 /8/o6ZIS 9:45 055901695 1 l 0 N N 1 0 609 ��GNTEkEY LAn a 10 77 10/00,18 ` 6:50 055819972 3 0 0 S S 1 0 �[ W anIP7�E WE 5 . z/6 ^ 17 000/98 i7:53 052993363 3 1 0 N h 1 l 5R W &nYRTLE LAW 8 77 b5/13/9O W25 855947519 2 2 0 S S 6 0 ER dot 45YKTLE LAME : 28 77 01/0005 L1:40 053004360 1 0 0 S S 1 l 3k 809 &N COUNTRY C/. 0 77 W/28/9b li:35 052733734 2 l 0 W N 3 0 ` 6R 809 &AEWlhS Wi / 0 77 W1119v 0:20 055945106 2 4 8 W S 4 77 OR W WOKTHLAKE DV S 506 77 03/0/9u W55 055821218 3 A 0 N N 6 1 Q 809 &nJRWoKE 8V S it 77 031600 0:08 053878683 l Q 0 S S 5 0 SR 009 &NDKToLAKE it S 280 77 64/08W 14;35 053876509 4 0 0 W N 3 � SR 809 &nORTHL*KE M a 20 77 04/24/98 15:05 0559478O2 3 0 0 S S 1 --` 6k U09 &AO87HLAKE 8V ~s 20 76 0109198 14:46 053982597 3 2 0 S S I SR o*l AWTnL*KE BV 1 78 0i/X/98 21:10 053981864 3' 0 0 S S 1 � W 80s WORTHW[ W N Q 78 02/26/98 10:50 053981940 3 0 0 1 1 SR 60, &hOkTKL4KE AV § 7B 02/25/96 6:45 05982563 1 0 0 l (i *� boo W8YWAKE BV 1 528 76 03/1098 10:50 053983991 4 0 0 W N 3 0 / oev WRTnLAKE HV h i5 7J 05/24/9h 17:15 053528340 1 1 0 m N 1 1 *R 609 m^OPTxME BV . S 200 74 03/18198 0:45 055806469 l 0 0 5 0 Q 457 ONUMLSKE xv 5 W0 7U 0011/08 1030 05398350o 1 0 0 7 0 sk Op9 &WAI^LKE BV S 00 78 04/0090 /452 05352567H 3 N 0 N N l 0 ON 60, wnwimmE "V . ^ A >6 5*/11198 041 050562491 2 2 0 S S t 0 5R 809 nqURrHLsKE DO S 6/`O 14 nq/21190 )5:27 055807517 l l 0 N M. z N SR 609 Mpl/w*K[ DV b 20 ^78 §n/01,96 W05 055806311 3 @ 0 N N 1 0 6k 809 &NJRihLA^E BY N 25 76 WK/98 /2:55 053528056 2 0 0 W E ' 6 0 SR 60V MuMnL*KL o! Yo M s5/izzv6 1'.:54 053528235 J 0 0 S S 1 0 SR 809 AHukThLoKE 8V h 0 Q 00/22198 0:07 055907637 3 8 0 S S 6 0 SR 60o WoRiWAKE BV b 75 05/20/98 20:57 05530v291 2 0 0 E E 1 0 SR nsy an{/RTMLAKE BV 0 20 15 002098 l6:45 055806292 l 0 0 w N 1 0 s/ 80, &NoR7nLKE MV 0 >6 WOi/% H:08 055806369 2 1 0 S S 1 0 Sx 609 WRTHWE BV N W0 7B 0603/98 022 0558063+6 4 @ 0 N w 6 0 sk ub* &wJWmo«E ov 5 0 78 000M 0:50 055806302 1 0 0 W W , 1 V1 Sk U0v aHU8)HL*KE Dv N 100 76 06/2098 %4h 055811541 4 0 W S S 6 0 Sk 86, M&TncRIE 0 W 21 78 0030W 2:45 055449829 3 @ 0 N N 1 w ^ ` bw W WR\hLAKE Of 5 t5 70 W/2098 8:33 055447592 3 A 0 N N 1 0 kw*v &NGR7ALaKI OV ' 0 76 000+f'/r a 9 052872150 2 0 0 N W 3 0 SE but 6NUR7UaKE DV h 400 Q §02010 ,Y:05 055448799 4 .0 0 1 ,0- so 80, bv S is 76 09/I0110 4:24 '055448802 2 .2 0 W nY/MY8 /4:25 055448806 2 0 0 N N l . 3 /* m� �:40 05�44859� l z W S S 1 0 "pOxInLAKE kv S 40 16 10/O6/9� 905 055448596 2 0 w N N � 0 Sk 809 W001*KE by ` 0 '8 zo/Ib/vv ;2:39 055447646 2 0 0 H N 3 w blate:0405/99 FaM Peach County Acci beginvivig &,part Date:M/K/98 Po 0: 741. At Listivin Endina Wort Date:10/31/98 Location Dir Dist Ay Date Time Acc S I F V V H H i n a 1 2 E E t J t D 1) 1 2 -------------------------- C: R 809 4458 THLoKE Fit N W -- 76 -------- MIMS ----- j2:52 --------- 055448820 - 3 - 0 - 0 - S - 6 -- 1 -- 0 SR sh &NORTHLAKE DV 0• 78 10/19/92 19:35 055448825 2 0 0• N S 4 0 bog &NORTHLAKE K A 76 1. t /OU98 0:20 055447523 1 0 A 16 0 Sk My &NORTHLAKE BV 0 78 11/25/98 13:54 055622399 2 0 0 S S 1 0 so 809 &NORTHLHKE D? S 52i 18 001/18 12:20 055623087 2 0 0 M N 77 -0 Q 80? 60ORTHLAKE BV 0 76 i2/;2/98 15:21 055449960 2 0 0 N N 1 0 AR 809 WRTHLAKE 0 6 500 M 12/14/90 17:15 055622395 •4 0 0 W N 3 0 KR 809 -.Mw i9 ST 0 32 01/2208 14:09 053931521 2 2 0 S W 4 27 •d 809 MW 19 ST 0 32 003=6 11:37 053Y30827 2 P 0 E 8 3 0 SR 809 &NW 19 ST 5 5 32 02/24/98 9:05 053930783 3 0 0 N H 3 44 AR 805 MW 19 Sy 0 32 OX/ 6/98 13:04 05305784 2 2 1 N S 4 0 so 809 W 0 ST 0 K 61/3098 il:01 153931320 2 ! t W S 4 3 GR 819 MW i9 ST 1 32 0M1: M WHO 053930019 2 1 9 S 8 1 VI sk Sol MW i9 ST 0 32 05/63/98 10:22 053331624 2 4 0 N S 4 0 • so so, M 19 ST M 526 32 000096 13:16 0554V48B2 1 0 0 9 S 1 0 5Q W &•U Q ST M r 528 12 57/21/98 1.1:55 051807225 2 0 0 9 S 6 0 w 84'!': &Nw 19 S' 9 32 HAM 0:59 055624445 2 0 0 M w 3 0 54 ROD &OLD KYWYA S 150 77 01/02/99 i3:55 055005VBU 1 0 0 S 8 6 0 SK 800, aws WINIOM u 77 H/06 19R 0:10 055015973 2 0 0 W H 4 0 Sk 60, aOLD BOW TOW 5 510 77 603098 •:45 053876431 1 0 0 8 S 8 6 :w but WD WOW u 77 KIM% 19:10 052748844 2 B 0 S W 3 0 ba "01 AW WNTOW N 2640 77 02/24/18 M30 055819572 1 3 0 S p 1 0 sk 86S QLA huynWri S M 77 040094 005 053875003 3 0 0 k m 4 V, A too SOLD WNW 0 77 05/61/98 jb:30 055945896 2 0 0 M w 3 0 5, moo Wh NOTWON N 200 77 wo/23/9u '11:30 055821907 3 0 0 6 8 1 0 Q B09 WO MGM M 106 71 66/20/98 0:55 055817335 1 0 0 N M 1 I'll SR how OLD DwInioh • j? OKLOM K:40 053013745 2 2 0 W S 3 6 OR off C: 1.1L 16YNIDM S 000 00 wMill 0:00 055903299 1 ) 0 N 1 �i OR to, IRLD BUN= S W 0 IWAYNY w 1 055903967 2 0 It M N 6 V, SR DO? &OLD RMTOW N 20 77 •1iW/98 inM 055Y46072 1 0 0 5 S 3 0 sk 00; 60ILD &KNIOn & 200 77 wb5/98 0:30 0560IS253 1 1 0 N 77 16 Sk SON Wh MYNAw 0 77 Q/06/98 12:00 055820191 2 0 0 S M 4 0 SR Boy &OLD WINIOW N IM 71 12"Mys KPI 052968316 1 0 0 S S 1 0 A 600 &OLD BOYNTON n i@G Q WORM 0:10 055945636 1 1 0 S 8 3 1, so My &OLD 00016h N Qd Q WOW" 015 055818165 3 0 0 8 b 1 0 GR 009 WD WMARY S 250 77 62/2a/98 w35 055227209 1 2 0 N N 1 3• so W KLU h1vUeRf b 60 770 04/15mv 030 055821442 3 2 0 M W 1 0 SR 809 &OLD MILIIAR• 0 77 WKWO W36 055900224 2 6 0 E 6 3, 0 SR 801 &OLD MKITORY S IM6 77 WOMB 3:55 053B75952 0 0 0 N N 3 0 -Sk 069 6OLD MILMQ W 3 77 11jW/92 030 055902979 2 0 0 S 6 1 0 OR 800 60LO WMARY 0 77 12/bo/M M18 055817357 2 0 0. R S 6 V) flis"AAW AV A 5TO 71 6500/10i 22:20 055820941 1 0 0 N 27 77 sp WWAW AV 0 25 17 KvWxY8 ji:00 053878180 4 0 0 S W 2 41 so 000 HKANDO MV 5 25 77 01,26/18 MWO 053871!I1'1O 4 0 0 S w 2 0 Kv son WRLAW 60 5 5 1? jv/11110 900 055947163 2 2 0 S N 4 0 �• Roo GNPLEAW •W 0 77 WISH& _1 WO %52745598 2 % 0 S 5 1 ACCIDENT RECORDS LISTING Location Agency Date Time Acc Type Route Node NORTHLAKE BV &SR 809 78 01/15/99 12:00 055623113 RE 3421 5868 NORTHLAKE BV &SR 809 78 01/19/99 10:15 055623404 RE 3421 5868 NORTHLAKE BV &SR 809 78 02/10/99 17:00 055623368 RA 3421 5868 NORTHLAKE BV &SR 809 78 02/09/99 17:26 055448115 RE 3421 5868 NORTHLAKE BV &SR 809 78 02/20/99 16:50 055448842 0th/ 3421 5868 NORTHLAKE BV &SR 809 78 02/20/99 18:47 055448843 RA 3421 5868 NORTHLAKE BV &SR 809 78 03/04/99 19:05 055449336 RE 3421 5868 NORTHLAKE BV &SR 809 78 03/19/99 15:00 099960200 RE 3421 5868 NORTHLAKE BV &SR 809 78 03/30/99 8:49 991091000 SS 3421 5868 NORTHLAKE BV &SR 809 78 04/10/99 1:10 053981810 RE 3421 5868 NORTHLAKE BV &SR 809 78 04/30/99 17:36 055449348 RE 3421 5868 SR 809 & NORTHLAKE BV 78 01/06/99 15:03 055623308 RE 3420 5868 SR 809 & NORTHLAKE BV 78 01/08/99 15:45 055623007 RE 3420 5868 SR 809 & NORTHLAKE BV 78 01/11/99 16:50 055623215 RE 3420 5868 SR 809 & NORTHLAKE BV 78 01/20/99 9:11 055449988 RE 3420 5868 SR 809 & NORTHLAKE BV 78 02/01/99 11:18 055623418 RA 3420 5868 SR 809 & NORTHLAKE BV 78 02/01/99 12:05 055623115 SS 3420 5868 SR 809 & NORTHLAKE BV 78 02/23/99 12:15 055623127 RE 3420 5868 SR 809 & NORTHLAKE BV 78 03/23/99 11:33 991006200 RE 3420 5868 SR 809 & NORTHLAKE BV 78 04/12/99 10:25 009912591 RA 3420 5868 SR 809 & NORTHLAKE BV 78 04/19/99 13:35 009913519 RE 3420 5868 ACCIDENT RECORDS LISTING Location Agency Date Time Ace Type Route Node GARDEN PARK &SR 809 78 04/13/98 14:32 053525679 RE 4685 15960 SR 809 &GARDEN PARK 78 03/28/98 8:01 053528350 RA 3420 15960 05/26/1999 07:23 May 26, 1999 5616406160 Honorable Joseph Russo Mayor, Palm Beach Gardens 10500 N Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Russo, FDLE PALM BEACH PAGE 03 As a long time resident of this area, it has been my privilege to watch this city grow. And as a point of interest, Military Trail was a two -lane roadway and Northlake_Boulevard was known as West Lake Park Road (also two -lane) when my family moved into this area. The purpose of this letter is simply to seek your consideration in rejecting the "cut through" on Military Trail that is needed for the Northmil project on behalf of the Palm Beach Square neighborhood. The primary concern is not to stop the development of the corner, but to protect and secure the safety of those persons traveling this roadway. The people living in the immediate area affected by this "cut through" already experience safety hazards when attempting to enter Military Trail, especially in the rush hours of the day. Not only the vehicular traffic but the pedestrian traffic, and more specifically, the school children seeking to cross Arbor Way and Crestdale Streets will face even greater dangers should this alteration be allowed. Arbor Way and Crestdale are already used by Military Trail and Northlake Boulevard travelers as a way to avoid the intersection of these two roadways. This continues to cause concerns for residents as they use the side streets entering into the traffic flow. Knowing your expressed concern for all residents of the City of Palm Beach Gardens, it is my sincerest desire and fervent hope that another way can be developed to protect neighborhoods that will be most directly affected by this purposed "cut through ". Be assured I am eager to assist, in any manner that I am qualified to, in reaching a solution that will be beneficial to all parties concerned. Should you care to discuss this matter further, you can reach me at my office 561 -640- 2840 M/F, or evenings at home 561- 622 -5890, Thank you for your consideration, Pat Hughey 9120 Reed Drive Palm Beach Gardens, FL 33410 CC: All Council Members Police Department 05/26/1999 07:23 MAY 25 '99 561940E 03: 14PM D 1160 FDLE PALM BEACH PAGE 04 -1-TA INT VU T ffr re W ck-j ek. I i 77 �aIII LA4 �� tad- pol, -row --,-) E.1" r W CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Date Prepared: May 12, 1999 Subject/Agenda Item: Resolution 51, 1999: Approval of Concurrent Processing: "Soverel Harbour" Mixed Use Project: Concurrent Processing of Land Use Amendment and Planned Unit Development application. Recommendation /Motion: Staff recommends approval of Resolution 51, 1999. Reviewed by: rah , Originating Dept.: Costs: $ 0 Council Action: s�i�� City Attorne - Planning Division Total [ ] Approved ACM $ 0 [ ] Approved wiconddions Current FY_ Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: ( ] Other N/A Resolution 51, 1999 (] Not Required Location Map Submitted by: �VA P! Jxq Growth Mgt. Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The City Council reviewed this petition on April 7, 1999. The Council recommended that the petitioner postpone this request until after the forbearance agreement between the City and WCI had been finalized. Hank Skokowski, agent, is requesting approval for the concurrent processing of a Comprehensive Plan Land Use Amendment application and a Planned Unit Development application. The 7.5 acre subject site is located approximately 1/4 mile east of the intersection of Prosperity Farms Road and PGA Boulevard. (42E- 42S -6) The proposed land use amendment would change the existing land use of Commercial (C) Agenda Cover Memorandum June 3, 1999 Page 2 to Mixed Use (MXD). The Mixed Use designation would allow for the petitioner to develop multiple uses on site. The petitioner is proposing a 150 room hotel with ancillary restaurant, 68 condominium units and approximately 8,000 square feet of ancillary office square footage. §118 -38 (d) of the City's Land Development Regulations requires that the City shall accept concurrent processing of the above mentioned applications only if they: (1) Not result in an incompatible land use with surrounding areas, (2) No objection has been raised through the Interlocal plan amendement review committee (IPARC), (3) Furthers the goals set forth in the "Vision" document, (4) No objections have been raised by the Development Review Committee, (5) Proposed use meets all Level of Services and Concurrency standards. Staff has reviewed this petition and has determined that it meets all the requirements set forth in § 118 -38 (d). Staff is recommending approval of the concurrent processing petition. It should be noted that the PUD application cannot be processed by the City until after June 15, 1999 due to the concurrency moratorium established by Ordinance 18, 1999. This approval, if granted, is only an approval for the concurrent review, which will commence after June 15. GALong Rangeknis9906.st.wpd LOCATION MAP PETITION MISC- 99 -06: SOVEREL HARBOUR MIXED USE DEVELOPMENT CONCURRENT APPLICATION REVIEW GAUng Range\nis9906.mp.wpd ".a ` . .:.3a"� fin' j � +:.r a{ �' �_ , � • • • i GAUng Range\nis9906.mp.wpd May 12, 1999 RESOLUTION 51,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF A PLANNED UNIT DEVELOPMENT (PUD) APPLICATION AND A COMPREHENSIVE PLAN LAND USE AMENDMENT FOR THE PROPERTY LOCATED NORTH OF PGA BOULEVARD APPROXIMATELY 1/4 MILE EAST OF PROSPERITY FARMS ROAD, KNOWN AS "SOVEREL HARBOUR" MIXED USE DEVELOPMENT "; PROVIDING FOR THE CITY MANAGER TO EXECUTE A CONCURRENT PROCESSING AGREEMENT; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received applications from PGA Marina Center, Ltd., for approval of a Planned Unit Development Application and a Comprehensive Plan Land Use Amendment Application; WHEREAS, § 118 -38 (d) prohibits the Growth Management Department from accepting or processing applications for Planned Unit Development concurrent with or prior to a Comprehensive Plan Land Use Amendment; . WHEREAS, § 118 -38 (d) also provides an exception whereby City Council may approve the acceptance and processing of such applications according to the conditions of § 118 -38 (d); WHEREAS, the City Council has determined that the concurrent review of this Planned Unit Development application concurrent with or prior to this Comprehensive Plan Land Use Amendment application will result in a more comprehensively planned project in this instance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review of a Planned Unit Development application and a Comprehensive Plan Land Use Amendment application submitted by PGA Marina Center, Ltd. Section 2. Approval of concurrent processing is based on the following condition being met, failure of which shall result in automatic revocation of the Resolution. (1) The applicant shall submit a Concurrent Processing Agreement to the Growth Management Director and the City Attorney within 30 days of approval of this resolution and the City Manager is authorized to execute said agreement. Section 3. The City Manager is hereby authorized and directed to execute said Concurrent Processing Agreement on behalf of the City of Palm Beach Gardens. Section 4. This Resolution -shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE, 1999. ATTEST: LINDA V. KOSIER IC VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G:\Long Range\mis9906.re.wpd JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 3, 1999 Date Prepared: May 12, 1999 Subject/Agenda Item: Petition VAR- 99 -01, sign variance application for Seymour Fine Building ground sign. The site is located at the southwest corner of Burns Road and Riverside Drive. (7- 43E -42S) Recommendation /Motion: Staff is recommendina annroval of Resolution 61 19AA Reviewed by:yy Wt Originating Dept.: Costs: $ 0 Council Action: t� City Attorney (, vC� l 1p Growth Management Department Total [ ]Approved Finance, N/A $ 0 [ ] Approved w conditkm ACM Current FY [ ] Denied Human Res. N/A Funding ource: g ( ]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: P 10 �/ Growth Management J Department Affected parties [ X ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Seymour Fine, applicant, is petitioning the City Council for a sign variance for an existing ground sign located in front of his building at 3902 Burns Road. The sign has been determined by staff to be non - conforming. The sign was constructed in 1968 and was made non - conforming by the revised sign code, which was adopted on January 17, 1990. The applicant was notified as part of the non - conforming sign notification procedures. The sign is located on the Fine Building site, at the southwest corner of Burns Road and Riverside Drive. The future land use for the site is Industrial , the zoning for the site is M -1A light industrial. Neighboring land uses are: Professional Office to the west, and Industrial to the north, south, and east. The existing uses on site include offices, light manufacturing and a restaurant. Agenda Cover Memorandum Page 2 PROCEDURE: June 3, 1999 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 sign does not meet the several code requirements, as outlined in chapter 110, signs, and chapter 78, general provisions, of the City's Land Development Regulations. The petitioner is proposing several renovations to correct many of the code problems. The following chart illustrates this: VAR -99 -01 SEYMOUR FINE BUILDING SIGN VARIANCE REQUEST Present conditions not in compliance with the following requirements: Code Requirement: Chapter 78. Definitions: "Ground sign means a sign ... ... with such base not to be in excess of two feet of height of surrounding ground level..." Present Condition: Metal posts approximately 8 feet in height on top of two foot concrete base. Proposed Condition: Elimination of 8 foot posts. Sign to rest on two foot concrete base Proposed Condition Compliance with Code: Yes Code Requirement: Chapter 110 -2. General regulations and restrictions and prohibitions. (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 one sign." Present Condition: Ten messages on each face area. Proposed Condition: Three messages per sign face area (same messages on both sign faces) Proposed Condition Compliance with Code: Yes ICode Requirement: Chapter 110 -36. Ground signs. I (b) "A ground sign structure shall not exceed ten feet in overall height...." I Present Condition: Approximately 20 feet I Proposed Condition: 10 feet IProposed Condition Compliance with Code: Yes I rrdsCa a Ar1e� ::::.::.;......... ::: .....................::: ................ ..... Agenda Cover Memorandum Page 3 June 3, 1999 Code Requirement: Chapter 110 -36. Ground signs. (c) "...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." Present Condition: Landscape area in front of sign: 0 feet, landscape area west of sign: 2 feet Proposed Condition: front (north): 0 feet, west of sign: 10 feet. (east, west and south sides are in compliance) Proposed Condition Compliance with Code: No (front only). Variance requested. f asks 1 Code Requirements: Chapter 110 -36. Ground signs. (c) "Ground signs shall be placed no closer than 15 feet from the front property lines or 50 feet from the side property lines..." Present Condition: 0 feet from the front property line, 20 feet from the side property line. Proposed Condition: o feet from front property line, 50 feet from side property line. Proposed Condition Compliance with Code: No. Variance Requested. As the chart indicates, there are five requirements of the sign code which the existing sign is not in compliance with. The petitioner is proposing to comply with three of the five requirements. For the remaining two requirements, setbacks and landscape area, the petitioner is requesting a variance. The petitioner is unable to comply with these requirements without creating serious safety hazards on site, particularly the existing traffic circulation. (e.g. elimination of parking, drive aisles, etc.) The petitioner is, however, proposing to add additional landscaping without causing a conflict to the existing traffic circulation. STAFF COMMENTS: The City Engineer has reviewed the location of the ground sign (see attached) and has stated that the location is in compliance with State and County engineering standards regarding corner visibility. The City Engineer has raised a concern that the sign location may not meet the intent of the City's LDRs, particularly section 98 -68 (landscape code). This section requires that within a 20'X 20' triangle from an intersection corner there should be cross visibility from 30 inches above road grade to 6 feet. The sign is located within this 20'X20' triangle. With the elimination of the poles and the reduction in height of the sign fascia, this area will no longer have cross visibility. Staff believes this creates a safety concern and has recommended that the petitioner relocate the sign further to the west. To maintain safe vehicular circulation in this area, staff is recommending that the sign location remain at the property line. 'The petitioner must still request a variance for this nonconformity. However, due to the recommended relocation of the sign, the petitioner should be able to meet landscaping requirements on the west elevation of the sign. . Agenda Cover Memorandum Page 4 RECOMMENDATION: June 3, 1999 Staff has reviewed this petition and has determined that the applicant has demonstrated a hardship whereby an applicant cannot reasonably enjoy and utilize the intended benefits provided in this chapter. This determination is based on the following: (1) The Code allows for the petitioner to have one (1) ground sign, based on right -of -way frontage. (2) The petitioner has agreed to make improvements to the sign so that he has reduced the nonconformities of the sign and is requesting the minimum variance possible. (3) The petitioner has agreed to relocate the sign to reduce safety hazards on site. (4) The hardship is not based on economics or natural obstructions on adjacent property, but is based on the site being non - conforming due to its age and the variance is needed so as not to expand the nonconformities on site. Based on this analysis, staff is recommending approval of this variance. GALong Range \var9901.st1.wpd May 21, 1999 RESOLUTION 61,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING A VARIANCE TO THE REQUIREMENTS OF SECTION 110 -36: "GROUND SIGNS" TO SEYMOUR FINE FOR A GROUND SIGN AT THE FINE BUILDING LOCATED AT 3902 BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council finds that a variance for a sign per section 110 -36 would not be adverse to the public interest. WHEREAS, the City Council finds this variance meets the standards established by code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. A variance is hereby granted to the requirements of section 110 -36, "Ground signs ", to Seymour Fine for a ground sign at the Fine Building located at 3902 Burns Road, Palm Beach Gardens, Florida; said variances being defined as follows: 1. A variance of 15 feet in setback from the required minimum of 15 feet to allow for the placement of the sign to remain on the property line along Burns Road. 2. A variance of 10 feet and approximately 7 feet for landscape areas to the north and west of the sign, respectively. Section 2. The aforementioned improvements shall be constructed in accordance with the following plans on file with the Planning and Zoning Division: 1. March 18, 1999 Site Plan, Alan Strassler Architects, Page 2.1 2. January 27, 1999 Sign Elevation and Details, Alan Strassler Architects, Page 3.1 Section 3. Approval shall be based on the following condition: 1. The petitioner shall complete all improvements prior to January 7, 2000. Section 4. All resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall be effective upon adoption. 1 INTRODUCED, PASSED AND ADOPTED THIS DAY OF JUNE, 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO \eat G:\Long Range \var9901.re.wpd 2 _ �O & I | - I | � nu 11011 ! |� ® § � k --- - -� - -- || � � \\ � \( O 0 � | � . 2 «f § . � , r $^ �. � d2d\ Cy 7�L fA8 � 'Jlq�}C /•Q �/f CdlaFp — � I I I I I I w' A5Pi1sLT DRNC � `I s � I I I I I CT a � I r -1 I C 70 I--, I z N I o n rn I I 70 � � I � I p to �y I I I O� a m m z I I Sol d I � I I r" r I i A PROPOSED ao1 aanuna rae !, PARTLS 97 PLAN 33 ii CITY OF ]PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject Agenda Item Date: June 3, 1999 Date Prepared: May 21, 1999 Resolution 66, 1999 — to allow for outdoor seating in the courtyard area of the Oakbrook Square Shopping Center. Recommendation/Motion: Staff recommends that Resolution 66, 1999 be approved with three -conditions. Reviewed by: ` L �1Pr� Originating Dept.: Costs: $ Total Council Action: City Attorney Growth Management ( ] Finmmce NA 4 $ [ ] Approved wi�or�diwnr ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding Source: [ ) Continued to: Attachments: Date: [ ] Operating Paper. [ ] Other Resolution 66, 1999 Site Plan m Reduction of site detail sheet Proposed seating/umbrella Owner's agreement Submitted by: GroN%Ili Management irector Afecte parties [ ] Notified Budget Acct.#: [ ] None Approved by: City Manager [ x ] Not required I. REQUEST 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 A IA. Recently, the entire Center has 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. 3. 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 agreed to provide prior to this meeting. This statement will be reviewed for traffic concurrency for the additional capacity from the increased square footage of the restaurant. 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 center. 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. PROPOSED PLAN The applicant believes that since the seating is located within the inner courtyard, the tables and chairs do not need to be removed overnight. 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 has one concern about the requirement for storing the outdoor seating materials. Ordinance 5, 1998, Section (3)(g) states: "Outdoor seating shall be stored in a secure manner, whenever the restaurant, lounge, hotel, or other commercial business, establishment or institution using it is closed to the public. " As stated above, the applicant does not believe that this condition applies since the outdoor seating area is within a courtyard. Staff recommends that the applicant provide some sort of security, so that the tables and chairs are not stolen. IV. RECOMMENDATION 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 down the center of the courtyard. (Code Enforcement) 2. The number of tables shall be limited to eight tables at the size shown on the Site Plan Courtyard Detail sheet dated May 2, 1999. (Code Enforcement) 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. May 21, 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 AIA 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 AlA 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 down the center of the courtyard. (Code Enforcement) 2. The number of tables shall be limited to eight tables at the size shown on the Site Plan Courtyard Detail sheet dated May 2, 1999. 3. This approval shall remain valid so long as the primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY, VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO _ COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK \ \MAINSERVER \C0MPR0G \Short Range \MISC9913.re.doc ell EXHIBIT "A" 4s� P� 854 LEGAL DESCRIPTION PARCEL' 1: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE BEAR NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4, A DISTANCE OF 1,101.47 FEET TO THE INTERSECTION THEREOF WITH THE EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1); THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 5, A DISTANCE OF 50.50 FEET TO THE INTERSECTION THEREOF WITH THE NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST, ALONG SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5, A DISTANCE OF 736.56; THENCE SOUTH 78 DEGREES, 00 MINUTES, 51 SECONDS EAST A DISTANCE OF 590.67 FEET TO THE INTERSECTION THEREOF WITH A LINE PARALLEL WITH AND 590.67 FEET EASTERLY FROM, AS MEASURED AT RIGHT ANGLES TO, THE SAID EASTERLY RIGHT -OF -WAY OF STATE ROAD NO. 5; THENCE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 613.19 FEET TO THE INTERSECTION THEREOF WITH SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703; THENCE NORTH 89 DEGREES, 48 MINUTES, 38 SECONDS WEST, ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF STATE ROAD NO. 703, A DISTANCE OF 603.47 FEET TO THE POINT OF BEGINNING. PARCEL 2: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; RUN THENCE ALONG THE EAST AND WEST QUARTER SECTION LINE OF SAID SECTION 4, NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 1,101.47 FEET, MORE OR LESS, TO THE EASTERLY LINE OF A PUBLIC RIGHT -OF -WAY, KNOWN AS STATE ROAD NO. 5 AND /OR U.S. HIGHWAY NO. 1; THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 787.06 FEET TO THE POINT OF BEGINNING; CONTINUE THENCE NORTH 12 DEGREES, 00 MINUTES, 47 SECONDS EAST 762.94 FEET; THENCE ALONG A LINE PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF *SECTION.4 NORTH 89 DEGREES, 57 MINUTES, 20 SECONDS EAST 603.99 FEET TO THE WESTERLY BOUNDARY LINE OF HIDDEN KEY NORTH; THENCE ALONG SAID BOUNDARY LINE SOUTH 12 DEGREES, 00 MINUTES, 47 SECONDS WEST 888.83 FEET; THENCE NORTH 78'00'51" WEST 590.67 FEET TO THE POINT OF BEGINNING. *Said TOGETHER WITH a non - exclusive easement for drainage purposes over, across and under the following two (2) described parcels: Page I of 2 Pages I g r 0 p CQ_ -4 N€ I i ► � "� I 1 O I ----- - - :go o i II �1 1 � V (A Ott peo i i Oakbrook Square Palm Beach Qw loss. FlarWa j eft Plan m^� g s Z gxZs Is I � 3� 919-9m. v r— Roly's Outdoor Seating �],II ce o Pain Mm" ardn% l�kdit I t I solow. M -, Z i4r, M. Nh� kh. %1W 7-7 s1Q, � - --�� -- �T .� r �; ��._ _ ,.._, `i ��� ".�R1 `.d? �_ �. �� . n„_ A +y. CITY OF PALM BEACH GARDENS OUTDOOR SEATING CONSENT AND INDEMNIRCATION (to be completed by the property owner, if different from the applicant) The Property Owner, doing business as _ akbro6k Square Shopping Center Corp.("PROPER'TY OWNER ") whose business address is 241)1 PGA Boulevard, Suite 2SO, Palm Beach Gardens, F133410, hereby consents to the placement of Outdoor Scatting on its premises located at 11688 U.S. Highway 1, Palm Beach Gardens, F1, 33410 ( "OUTDOOR SEATING ") and, in return for good and valuable consideration, the receipt of which is hurcby acknowledged, agrees to reimbvrse, indemnify and hold the CI'T'Y, its agent,. employees and elected officers and each of them, free and harmless at all times from and against any and alt demands, debts, charges, judgements, clairns, liability, expenses, losses, suits, costs, fines and datttages (including attorneys' fees at trial and appellate levels) and causes of action of every kind and character against or from the CITY by reason of any dam,agc to property or &.e environm. ent, or bodily injury (including death) incurred or sustained by any party hereto, or of any puny acquiring any intcrest hereunder, aril any third or other parry whomsoever, or any governruental agency, seising out of or inddcnt to or in connection with the OUTDOOR SEATING, provided, however, the MOPERTY ONSWER shall not be responale to de CITY, its agents, employees, and officers for damages, claim, costs, losses, or expenses (including attorney's fees) dhectly attribumbk- to the negligence or actions of the CITY, its agent, servants, employees, or offxers. Such mirnbursenint and indemnification shall be made by PROPERTY OWNER immediately upon demand by CITY. The obligations of PROPERTY OWNER hereunder shall be binding upon each and all of its successors and assigns and shall inure to the benefit of and be available to the CITY. its agetrts, employees and offu=. NmtLing in this Agtcemeut shall be dcerned to affect the rights, privileges and irnmunitics of the CITY as set forth in Section 768,29, Florida Statutes, as amended from time to time. Signed by Property Owner: &f = x- Print lame of S' or_ _a-_A Company.. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing str � -day of �Q'� mumcnt was acknowledged before me thus t4 19(;01 . by-,,, - (nanmc of officer or agent, title of officer or ,agent) of (� ��`n bk Se, v_au S go t C.o-Ni-e-r, t clbiv_ (name of corporation acknowledging), on behalf of the C%voratioxt. - CTB (SEAL) 1 l• (Prier Name) ZppttiA M. SCHRAMM .ty C0M!.1ISSlO1V d CC 795773 My Coauttissioa rt 1 -� 0 2— Personally Known/"�R Produ Idend&adon Ci Type of Idendfi cation _ .._ Yn CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Date Prepared: May 28, 1999 Subject /Agenda Item: Consideration of approval for Resolution 67, 1999; to amend the existing site plan for the project known as "Sunny Plaza." Recommendation/Motion: Staff recommends that Resolution 67, 1999 be approved with two conditions. Reviewed by: Rq V ife,4 (+,,, Originating Dept.: Costs: $ Council Action: GW A City Attorney Growth Management Total ( ] Finance NA r $ [ ] Approved w / conditions ACM Current FY [ ] Denied Human Res. NA NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution 67, 1999 Location Map Site Plan Building Dept. Comments Submitt&nt d b VAp [ ] Not Required City Engineer Comments City Forester Comments Growth Director Affected parties ( ] Notified Budget Acct. #:: [ ] None Approved by: City Manager p D [ J Not required I. REQUEST Consideration of approval for petition SP- 98 -20, a request by Howard F. Ostrout Jr. & Associates, agent for The Marquis Corporation, to amend the existing site plan approved on February 15, 1983, to build an additional 14,856 square feet of commercial use. The subject site is 3.44 acres and is located approximately 180 feet north of the northwest intersection of Northlake Boulevard and Military Trail. (13- 42S -42E) Agenda Cover Memorandum Page 2 II. BACKGROUND Sunny Plaza, Phase I Date: June 3, 1999 Phase I was approved by the Site Plan Appearance & Review Committee on February 15, 1983 for 16,005 square feet of commercial use in Buildings A and B. Sunny Plaza, Phase II The applicant proposed a Planned Unit Development for the entire site, but subsequently withdrew the application in July 1990. The applicant submitted a Site Plan application for Phase II, which was again withdrawn in September 1992. In September 1998, the applicant submitted another Site Plan application for Phase II, which is currently being reviewed. NOTE: The proposed design and architecture of Phase II has remained similar throughout the project's history. II. REVIEW PROCESS This is a request for an amendment to an approved site plan, which is not associated with a PCD or a PUD. This means that any deviation from the code will require a variance from City Council. Because the proposed site is larger than 3 acres, the request is considered a major site plan. Also, the amendment process requires the existing site to be brought up to current City Codes, to the greatest extent possible. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan Appearance and Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval for consideration of approval, approval with conditions, or denial. Agenda Cover Memorandum Page 3 III. PROJECT DETAILS A. Site Location Date: June 3, 1999 The subject site is 3.44 acres and is located approximately 180 feet north of the northwest intersection of Northlake Boulevard and Military Trail. The site is surrounded by Gardens Professional Park to the north; the proposed Northmil Plaza and Palm Beach County commercial land on the east; Palm Beach County residential to the west; and Northlake Boulevard and Palm Beach County commercial land to the south (see location map). B. Site Plan Design The proposed buildings are shown in an "L" shape, mirroring the existing building layout. There is an existing entrance and exit from Military Trail. There will be no left turns allowed onto Military Trail. The applicant is proposing an entrance off of Northlake Boulevard for which the City Engineer had requested a 100 -foot stacking distance. The applicant proposed 87'4" to accommodate the parking spaces required and the City Engineer has agreed to this stacking distance. This entrance has been designed at an angle to minimize the view of the rear of the buildings from Northlake Boulevard. C. Code Compliance The applicant has satisfied all of the code requirements with respect to the number of parking spaces and parking dimensions, building setbacks, open space requirements, etc. (Please see Table 1 on page 7 for full details.) The applicant was required to bring Phase I into compliance with current City Code. In order to comply with this, the applicant has done the following: • The applicant has agreed to move the ground sign to 15 feet from the right -of -way and to provide landscaping around the sign. • The applicant has increased the number of trees in the parking area of Phase I to fulfill the landscape requirements. • The applicant has added more planting areas on the south side of Building A and on the south side of Building B. • The applicant has agreed to move the fence along the western boundary to the satisfaction of Seacoast Utility Authority and the City Forester. D. Architecture The applicant is proposing to match the existing buildings, which have a light bronze metal roof and light tan walls. Pictures and elevations of the existing buildings will be provided at.this meeting. Agenda Cover Memorandum Page 4 E. Landscaping Date: June 3, 1999 The applicant appeared before the City Council, sitting as the Landscape Committee of Adjustments on April 8, 1999 to request two landscape variances. These involved the front and side landscape buffers in Phase I. City Council granted approval of these two variances. Both the entrance from Northlake Boulevard and the second entrance from Military Trail will be fully landscaped. Phase II shall contain 22.2% of open space, while the code requires 15 %. F. Parking Space Dimensions The applicant is providing a number of different parking space widths throughout Phase II (all parking space lengths are at the required 18.5'). • Along Military Trail, the applicant is proposing 9'6" wide parking spaces with a 25' drive aisle. • The applicant is providing 10' wide parking spaces behind Buildings C & Building D along the western property line, with a 24' drive aisle. • Along the southern property line in the rear of Building D, the applicant is providing 9'6" wide parking spaces with a 26'4" drive aisle. • All other spaces are 9' wide. Any parking space less than the required 10' will need approval from City Council. (Land Development Regulation Section 118- 475(a)): "The city council may approve stall dimensions lesser than the standard established in this subsection when the reduction in the paved area is matched by equal or greater increase in the amount of landscaped open space in or around the parking area." The applicant has provided a conceptual site plan showing all parking spaces at 10' x 18.5' in Phase II. This was provided at the request of staff to demonstrate to City Council that the intent of the above code is met. (Plan to be presented at this meeting) Agenda Cover Memorandum Date: June 3, 1999 Page 5 IV. DEPARTMENTAL COMMENTS Planning & Zoning Division The architecture of the buildings proposed may be challenged by City Council. Building Division Concern with the choice of sign lettering (see memo dated May 11, 1999) Seacoast Utility Authority No concerns City Engineer No concerns City No concerns Police Department No concerns. Fire Department No concerns V. SITE PLAN APPEARANCE & REVIEW COMMITTEE A. Workshop Meeting —April 13,1999 The Committee members were concerned with the width of the drive aisle behind Buildings C and D. After further research, staff found that the proposed 24 -foot drive aisle was inadequate. The applicant has since responded to this concern. The Committee members did not have any problems with the proposed architecture (with the exception of one member who felt that the design was not what the Committee would normally accept). B. Recommendation to City Council Meeting — April 27,1999 The Site Plan Appearance and Review Committee approved this petition with a 7 — 0 vote, with 8 conditions of approval. Most of these conditions have been satisfied. The following issues were addressed in response to Committee and staff concerns: • The applicant changed the design of the exit doors behind the store bays. The exit doors are now recessed so that the doors do not swing out into the rear drive aisle (see elevations). Agenda Cover Memorandum Page 6 Date: June 3, 1999 • Committee members requested that the signage in Phase II be changed to individual internally illuminated letters in an electrical channel box. The letters should be the same color as the building. • The Committee members requested the addition of two Holly trees at the southeast corner of the site within the landscape buffer along Military Trail. They also requested that the trees in this area be no more than 10 feet apart. The landscape plan has been revised accordingly. VI. STAFF RECOMMENDATION Staff recommends approval of petition SP -98 -20 with the following conditions: 1. Prior to the issuance of the first Certificate of Occupancy in Phase II, the applicant shall have complied with the agreed upon improvements to Phase I, including: a) moving the existing ground sign to 15' from the right -of -way; b) increasing the number of trees and adding more planting areas on the southern side of Building A and on the southern side of Building B, in the parking area of Phase I, as indicated on the approved landscape plan dated 5 -5 -99; c) replacing the existing 6 -foot wooden fence with a new 6 -foot wooden fence, with landscaping installed on both sides. (Planning & Zoning) 2. Signs shall be individual letters mounted on an electrical channel box that will be the same color as the building. The height of the electric channel box shall be no higher than '/2 the height of the letters. (Development Compliance Officer/Building Division) Agenda Cover Memorandum Date: June 3, 1999 Page 7 TABLE 1 SITE ANALYSIS & CONSISTENCY WITH CITY CODE COMMERCIAL FRONT SETBACK: 50' 50' YES SIDE SETBACK ALONG 40' YES PUBLIC ROAD: 40' SETBACK: REAR SETBACK: 15 15' YES FRONT LANDSCAPE 5' VARIANCE APPROVED BY BUFFER: 15' CITY COUNCIL - 4/8/99 (PHASE 1) SIDE LANDSCAPE 5' VARIANCE APPROVED BY BUFFER: 8' CITY COUNCIL - 4/8/99 (PHASE 1) PARKING SPACES: 1 PER 200 S.F. 30,861 S.F./ 200 S.F.= 155 SPACES 10'X 18.5' MINIMUM 1 PARKING DIMENSION 10'X 18.5', 10 X 25', 9.5' X 18.5', 9' X 18.5' YES (DIMENSIONS LOWER THAN MINIMUM REQUIRES CITY COUNCIL APPROVAL) HANDICAP PARKING: 6 6 YES LOADING SPACES: 2 2 YES BUILDING HEIGHT: 36' 1812" YES BUILDING LOT 20% YES COVERAGE: 35% MAX. OPEN SPACE: 15% MIN. 22.2% YES May 14, 1999 RESOLUTION 67, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE APPROVED SITE PLAN FOR THE DEVELOPMENT KNOWN AS "SUNNY PLAZA" LOCATED ON 3.44 ACRES APPROXIMATELY 180 FEET NORTH OF THE NORTHWEST INTERSECTION OF NORTHLAKE BOULEVARD AND MILITARY TRAIL, IN ORDER TO CONSTRUCT 14,856 SQUARE FEET OF COMMERCIAL SPACE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from The Marquis Corporation for an amendment to the approved site plan for the development known as "Sunny Plaza" located on 3.44 acres approximately 180 feet north of the northwest intersection of Northlake Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto, to construct 14,856 square feet of commercial space; and WHEREAS, Phase I of "Sunny Plaza" was approved by the Site Plan Appearance & Review Committee on February 15, 1983; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the petition is consistent with the City's Comprehensive Plan and Land Development Regulations. WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach Gardens has recommended approval of said application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the application of The Marquis Corporation for an amendment to the approved site plan for the development known as "Sunny Plaza" located on 3.44 acres approximately 180 feet north of the northwest intersection of Northlake Boulevard and Military Trail, as more particularly described in Exhibit "A" attached hereto, to construct 14,856 square feet of commercial space. SECTION 2. Said approval shall be subject to the following condition, which shall be the responsibility of the applicant, its successors and/or assigns: 1. Prior to the issuance of the first Certificate of Occupancy in Phase II, the applicant shall have complied with the agreed upon improvements to Phase I, including: a) moving the existing ground sign to 15' from the right -of -way; b) increasing the number of trees and adding more planting areas on the southern side of Building A and on the southern side of Building B, in the parking area of Phase I, as indicated on the approved landscape plan dated 5 -5 -99; c) replacing the existing 6 -foot wooden fence with a new 6 -foot wooden fence, with landscaping installed on both sides. (Planning & Zoning) 2. Signs shall be individual letters mounted on an electrical channel box that will be the same color as the building. The height of the electric channel box shall be no higher than '/z the height of the letters. (Development Compliance Officer/Building Division) SECTION 3. Construction of said development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. May 5, 1999, Site Plan by Howard F. Ostrout Jr., & Associates, Sheet L-1. 2. May 5. 1999, Site Lighting Plan by Howard F. Ostrout Jr., & Associates. Sheet L -2. 3. May 5, 1999, Landscape Plan by Howard F. Ostrout Jr., & Associates, Sheets LA -1, LA- 2. 4. May 6, 1999, Floor Plan and Elevations by Theodore E. Davis, Sheets A -1, A -2. 5. December 2, 1998, Color Samples, 1 Sheet. SECTION 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER DAY OF '1999. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT EXHIBIT "A" A parcel of land in the Southwest Quarter of Section 13, Township 42 South, Range 42 East, Palm Beach County, Florida, more particularly described as follows; Commencing at a point in the South line of said Section 13, at a distance of 49.22 feet Westerly from the Quarter Section corner, said point being in the arc of a curve concave to the East and having a radius of 57,345.8 feet; thence Northerly along the arc of said curve a distance of 50 feet to the Point of Beginning and the Southeast corner of the herein des- cribed parcel of land; thence continue Northerly along the arc of said curve, a distance of 250.26 feet to the point of tangency (P.T.) of said curve; thence continue Northerly, along the tangent to said curve, said tangent being parallel to and 50 feet Westerly from (measured at right angles) the North -South Quarter Section line of said Section 13, a dis- tnace of 49.74 feet; thence Westerly, parallel to the South line of said Section 13, a distance of 264.80 feet; thence Southerly, parallel to the North -South Quarter Section line of said Section 13, a distance of 300.49 feet, more of less, to the arc of a curve, concave to the South and having a radius of 5,778.65 feet; thence Easterly along the arc of said curve a distance of 74.63 feet to a point of tangency; thence continue Easterly along the tangent to said curve a distance of 190.37 feet to the Point of Beginning; LESS AND EXCEPT however, from the above- described property the North 185 feet of the South 235 feet of the West 200 feet of the East 250 feet of said Southeast Quarter of the Southwest Quarter. LOCATION MAP SUNNY PLAZA SP -98 -20 O 0 "00( APO, ti lisk" > %t CA t NOQRAKE9a1U= mall !11,1111111 I'lli! I'll;! 104 fill 9- I rw ------------ r-, -------------- al NOQRAKE9a1U= mall !11,1111111 I'lli! I'll;! 104 fill 9- I rw ------------ r-, -------------- CITY OF PALM BEACH GARDENS GROWTH MANAGEMENT DEPARTMENT/BUILDING DIVISION MEMORANDUM Date: May 11, 1999 To: Angela Csinsi, Planner I From: Jack Hanson, Building O icial Subject: SP -98 -20 — Sunny Plaza, Phas II I have examined the revisions for the above mentioned project and I have no problem in terms of the building codes. However, individually applied channel letters would be a better choice than exposed metal raceways. Also, the monument sign must be set back 15 feet. We will continue to monitor the project. MRY -13 -1999 09 =22 LBF &H - STURRT 561 2BG 3925 P.02/03 _ LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS 8 MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: may 13,1999 SUBJECT: Sunny Plaza (LBFH File No. 98 -4417) We have reviewed the revised Site Plan and Landscape Plan prepared by Howard F. Ostrout Jr., & Associates and the Preliminary Drainage /Utility Plan prepared by Messler & Associates received May I0, 1999. We offer the following comments: 1) Previously Satisfied. 2) Previously Satisfied. 3) Previously Satisfied. 4) Previously Satisfied. G �QO - s) Previously Satisfied. 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Previously Satisfied, 11) Previously Satisfied. 12) Satisfied. The applicant has added one additional stop bar at the north -south drive aisle just northeast of Building `C'. 13) Previously Satisfied. 3350 S.W. CORPORATE PARKWAY • PALM CITY. FLORIOA 34890 • (561) 286 -3883 • FAX: (561) 266 -3826 http :t wv w(ofh.Com - e -main, infgatftoom PALM CITY WEST PALM IirAcm FORT PIERCE OKEECHOBEE MAY -13 -1999 09:22 LBF &H — STUFRT 561 286 3925 P.03iO3 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied, 17) Previously Satisfied, 18) Previously Satisfied. We have no further engineering concerns and are therefore able to recommend site plan approval. T1 c: Bobbie Herakovich Roxanne Manning 1\PC\projeCtllP9GMEMO\4017h.doe TOTAL P.03 Memo to file From: Mark Hendrickson, City Forester /)I W' Subject: SP- 98 -20, Sunny Plaza. Date: May 12, 1999 I have reviewed the revised submittal dated May 6, 1999. At this time, I have no further comments, and I am not proposing any conditions for approval. 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: 1. 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 DAY OF INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER C. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK DAY OF JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT \ \MAINSER V ER\ COMPROG \ShortRange \MISC9909.RE.doc 1999. 1999. , 1999. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 3, 1999 Date Prepared: May 17,1999 Subiect /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. ewe b Revi C' w cWP City Attorn y Finance NA ACM Human Res. NA Other NA Submited by: Z/'/ �� Growth Management Director Approved by: City Manager REQUEST: Originating Dept.: Growth Management 401 Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ ] Not required Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. #:: Council Action: [ ] [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 23, 1999 Applicant letter, 5 -11 -99 Revised elevations Site plans Site detail sheet [ ] None 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 3, 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 will be designated as multi - purpose in use; Building B will be primarily used for children activities, but is also considered multi - purpose in function; and Building C will be 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 nor 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 small chapel and a Bible study room. 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 will contain a total of 244 people while the smaller room will 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 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 3, 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 and site data for this project are attached as informational exhibits. Also attached is a reduced architectural site plan (SP -1). Agenda Cover Memorandum Page 4 STAFF RECOMMENDATION: June 3, 1999 Staff recommends approval of this petition with the following conditions which shall be applicable to the applicant, and its successors and/or assigns: 1. 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) CITY COUNCIL MEETING: This petition was before the City Council as a workshop on May 6, 1999. The Council members did not approve of the elevation changes, primarily because they reduced the number of architectural elements. The applicant was asked to either return to the originally approved elevations or come back to the Council with better elevations. The applicant has responded by revising the changes. These changes include retaining most of the architectural elements that were originally approved and rearranging some windows and doors to accommodate mechanical equipment (see attached elevations). The changes are now confined to the minimum necessary to accommodate certain life safety and mechanical equipment issues. The Council was also very concerned about the capacity of, and potential uses of, Building A. The applicant has submitted a proposed floor plan, which is similar to the one which was submitted with the original architectural plan submission, and they have agreed to a limitation on the capacity of Building A to fewer people than were shown on that plan. GAShort Range \X11SC9909.CC2.doc Agenda Cover Memorandum Page 4 STAFF RECOMMENDATION: June 3, 1999 Staff recommends approval of this petition with the following conditions which shall be applicable to the applicant, and its successors and/or assigns: 1. 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) CITY COUNCIL MEETING: This petition was before the City Council as a workshop on May 6, 1999. The Council members did not approve of the elevation changes, primarily because they reduced the number of architectural elements. The applicant was asked to either return to the originally approved elevations or come back to the Council with better elevations. The applicant has responded by revising the changes. These changes include retaining most of the architectural elements that were originally approved and rearranging some windows and doors to accommodate mechanical equipment (see attached elevations). The changes are now confined to the minimum necessary to accommodate certain life safety and mechanical equipment issues. The Council was also very concerned about the capacity of, and potential uses of, Building A. The applicant has submitted a proposed floor plan, which is similar to the one which was submitted with the original architectural plan submission, and they have agreed to a limitation on the capacity of Building A to fewer people than were shown on that plan. Q\Shori Range\MISC9909.CC2.doc N7 0 tj O representative of the P anning and Zoning Eknston �� I HITMOTURAL SITM PLAN v �J SITE: p4 41!!066 Ait" 19B1 ACRES OPEN 6PACM 305,109 SF. ( 353 5� ) • NOT INCLUDING GRASS PARKING LOG4tION: SECTION 14, TOWNSHIP 42 S, RANCGE 42 E. PALM 5EACN GARDENS, FLORIDA dPAM GMACM 683 PAVW 6PACM 203 , Him 6PACI & 18 TOTAL PYAI W-M PR0vtow:4 904 SPACE TOTAL 60304& tD PAWIM RATIO: t150 SEATS a 1/2 815 PARKING SPACES x:)N (h.*: PRESENT: PD.4 REQUESTED: P.UD. 5u«MINJO: HOUSE OF WORSHIP: 55,689 SF. CHILDRENS EDUCATION: 16,118 SF. 0 ADULT EDUCATION: 12,193 SF. TOTAL 5UILDM AREA: 85 ,200 S.F. REVISIONS: nll/1/97 HOUSE of WORSHIP HEIGHTS: 26' • EAVES 16\ 11 / 12/ Ti 34' -6' O MIDPOINT or ROOT- � 43' -0' o ROOF RIDGE !3\ 01 /01/ 98 82' -0' m STEEPLE HT. A4 05 /0,/ 98 /\ 0-1 /02/ W Sits Data: A08A0 1 W _TIC I - =5 w vN , , MILITARY TRAIL ��`�,, - z PROJECT _ m f lit Igo 0 0 0 Fol l'o l f _J 1 � J 11 , L T.."T r1 K[_A_M, —i — I L_i J n i i �•� -- i - -f] i i i i O J00 i E 6¢ f1 Ir � ♦fir♦ ♦ r♦° � f f O ❑ 6 i � v ` ' fi ❑ .f f lit f , i .I Y ..' M M IP K K K Iv K Y•� u Lpx PH - I i -i i •-1 r 'I ie •01 y 1 1 1 I 1• t 1� I I .i . 1 1 1 . � If 1 � I ` 1 f � ' 'U I� i� 1 1 1 . . ::. ..::_... I 1 I R� 1 1 (' f NM I I I jl �iI I I .. i - 1 1 1 P ill • "ORTHLOM BLVD. - -- ., y ,I E, fps i� I f L ' AM l � &� ASSOCIATES, P.A. I Architects • 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 7'- 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' City MANA� WTyJ�v� DEPAR MEE 7 870 Bella Vista Ct. * Jupiter, Florida 33477 .* (561.) 748- 2945' * ' Fax ( 561) 745 -7831 * 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 • 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 r1' , City o1 P,6 liardens NAY 12 .(199 GROVVIH 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. i; City of Pg. Gardens MAY 12 1999 GRO MANAGEMENT DEPARTMENT I Y 111 r.. I Q l�tl ul gzj 0 X U ' In wy w U� O yQ� r • a � CCC p C 4 a 6 0 N u� 3� 1 O i C ; ' : 4 a 6 0 N u� 3� 1 I� u 7 � C C - - w, - a - jig g� f V/ 0 �p U IL jig g� f V/ 0 �p U BE p jig g� f E./ ^« 8 ��. §|IL ■/ 2 : » �.| �. . L F-1 9 R DA - w O z (l 1 , I y -F 1 111111 I 1111111 1 1 � I 1 I I 1 , I I I 1 I I I I I I I I ,sl 1 I L/ LU I II V. I i z I � I '1 I I I o 1 I I o 0 (3l LAj IT rp 0 11 1 s s� z 0 } W w F .p 3� �pW n g Aw. � 3 IL ,L U z 0 } W w F .p 3� yy� iY p �l �l a 0 3 J F ME J } Ck 7zU V Q w m a 0 z Q m W 0 z I� rh L,vxQ +2 g o e f Q� a u z 1!j ®I o �U d ' z 1!j ®I t� t4 t�tl� 4I� to 4I9 19 99 b8 :8 �8 i i i j II j II I j II I i II I t� �8 i ad �� E du 49 6I9 b9 II k i r II � ,a P a so y� IW O F� W W R O y 2 Y .,,�: � �i i- � � - - - --- - - - - - - - - - - _ - - , CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 3, 1999 Subject/Agenda Item: Item for Discussion - #99 -1 Comprehensive Plan Amendments Recommendation /Motion: Staff is seekina Council comments as we prepare for the June 17t' Transmittal hearing. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney N/A Planning and Zoning [ ] Approved Division ACM VV-- $ 0 [ l Approved wto�aic«,5 Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Submitted by: Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The City's 99 -1 amendments are solely staff - initiated revisions to the 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 Revisions. 1. 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 Blvd 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. a 5-g NN: ......... 777-77;v New Policy for Future Land Use Element: � 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 pf 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 Jbis, 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. Amend the 2015 Future Land Use Map to depict the boundaries of the Western Northlake Boulevard Corridor Planning Area. W M/05/1999 09:31 561- 434 -4513 ULLA cIMV- AJC5 r«+k;r— Q4 Chapter 163.3177(h) 1. An intergovernmental coordination element sbowing 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 !ocal government providing services but not having regulatory authority over the use of land, Aith the comprehensive plates 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 exist. This clement 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 clement shall provide for procedures to identify and implement joint platubig areas, especially for the purpose of annexation, municipal incorporation, and joint infrastructure service areas. b. The intergovernmental cootdinatiom clement shall provide for recognition of campus master plans prepared pursuant to s. 240.155. c. The intergovernmental coordination element may provide for a voluntary dispute resolution process as established pursuant to s. 186.509 for bringing to closure in a timely manner intergovernmental disputes. A local government may develop and use an alternative local dispute resolution process for this purpose. 2. The intergovernmental coordination element shall finther 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 intergovernreatal coordination clement shall describe joint processes for collaborative planning and decisiotnmaldrng on population projections and public school siting, the location and extension of public facilities subject to corncuurcncy, and siting facilities with c oua4n -vide 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'board, and any unit of local government service providers in that county shall establish by interlocal or other forrazi 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). VA Policy 8.1.1.5.: The City shall utilize the Palm Beach Countywide Intergovemmental 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 $hall be utilized a$ a mean$ of collaborative planning for matters of interiurisdictiopal significance including, but pot limited to, the siting of Facilities with countywide significance and locally unwanted land uses, . 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. Folicy 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, Y'S. 'he 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 cast- $harjng issues with joint planning areas; and d. lEnforcementhmplementation. Folicy 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. J MacArthur Banyan Tree Historic Overlay 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 sand_ pevelopment Regulations by January_ , 2000. R, ADULT CONGREGATE LIVING FACILITIES _ 1. Purpose 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. 11. 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 apartmenticondominium 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: West Palm Beach: Stuart: Fort Lauderdale: Boynton Beach: Lake Worth: Delray Beach 20 dwelling units per acre, R -3 zoning district 32 dwelling units per acre, Type 3 ALF, any district 30 dwelling units per acre, MF district 30 dwelling units per acre, RH -30 district 11 dwelling units per acre 30 dwelling units per acre, PO /MF special use district 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 Greenacres: 20 dwelling units per acre, RM and RH district 2 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. Ill. 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: Jupiter: Juno Beach: Lake Worth: Tequesta: Delray Beach: West Palm Beach: average Medical Center district, 75 dwelling units per acre. C -2, C -3 Commercial districts, 20 dwelling units per acre. Waterford Commercial/Office PUD, 18 dwelling units per acre. PO/Multi Family special use district, 30 dwelling unit per acre Mixed Use district, 24 dwelling units per acre. Central Business District, Old School Square District, Community Facilities district, density unspecified. Center City, Community Service, General Commercial, Neighborhood Commercial, Professional Office Residential, Office Commercial, density unspecified 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) is appropriate. M The Institute of Transportation Engineers Trip Generation Manual, contains a trip analysis for Congregate Living Facilities and Conventional Multi- Family Residential (defined as Post 1973- Apartments). Due to the elderly characteristic of typical ACLF populations and the typical location of many daily services on site, the number of trips entering and leaving a ACLF is typically lower than conventional multi - family residential. Trip rates, CLFs versus standard high - density residential were determined as follows: POST 1973 MULTI- FAMILY Weekday Average Trip Rate: 6.28 trip rate (trip rate = 7-trips/7-dwelling units) CONGREGATE LIVING FACILITY Weekday Average Trip Rate: 2.2 trip rate CLF trip rate is approximately 35% that of rates generated at conventional multi- family development. Using a straight line interpolation of the relationship between trip generation and intensity (dwelling 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 nN_ds, 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 Heartland Health Care Meadows Mobile Home Park Devonshire ACLF Longwood Condominiums Tamberlane Condonminiums Trails End Villas 13.5 calls monthly 5.1 calls monthly 3.2 calls monthly 2.5 calls monthly 2 calls monthly 1.2 calls monthly .2 calls monthly 4 (1998 average) (1998 average) (1998 average) (1 st quarter 1999) (1998 average) (1998 average) (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. Vlll. Permitted Land Use Districts Presently, uses defined for the purposes of this analysis as "ACLF" are allowed in three zoning districts, Residential High (RH), General Commercial (CG -1) and General Commercial (CG -2). Independent Living and Assisted Living Facilities, which are currently defined as the only ACLFs by the Comprehensive Plan, are allowed in Residential High (RH). Skilled Care Nursing Facilities are permitted only in CG -1 and CG -2 zoning districts and are not directly addressed by the Comprehensive Plan. The City of Palm Beach Gardens presently has a Mixed Use Land Use (MXD) category. The MXD category requires for a certain percentage of Residential. This may be utilized for ACLF uses. Densities may be further restricted by land allocation maximums, building lot coverage and building height maximums specified in the Mixed Use Development section of the Comprehensive Plan. 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.uJacre 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 Tower Central Business 27.4 d.u. /acre 55 d.u. /acre JMcKeen West Palm Beach , District , Ai The following Skilled Care Nursing Facilities are located within the City: a' a At;re a : serfs.: BedslRoofri: ":.: >:; `amstActeeds(Room; ...... . :tootns /Acrd;::::;.;::: >;;;:: 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 ACL.FS 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 - familyfindependent 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 the ITE 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 equal 38 residents per acre. The 38 beds per acre criteria for nursing homes is a bit more restrictive than what is 7 The 38 beds per acre criteria for nursing homes is a bit more restrictive than what is already permitted for nursing homes in the City. However, nursing homes are not presently permitted in residential districts. Therefore, a lower density maximum may be appropriate for Nursing Homes located within residential districts. All independent and assisted living components of an ACLF shall be measured as dwelling units /acre a maximum of 2 beds per unit. All skilled care nursing facility components of an ACLF shall be measured by beds /acre. ACLFs which propose both independent/assisted living and skilled care nursing components shall delineate acreage for each such component, the density for dwelling units and beds being measured from the separate acreage. XII. Proposed Comprehensive Plan Language The current Comprehensive Plan language for ACLFs is as follows: Policy 3.1.4.3: The City shall provide for community based residential care facilities needed to serve group homes and the clients of other programs, located at convenient, adequate, and non - isolated sites within residential or public /institutional areas of the City. Adult Congregate Living Facilities(ACLFs) shall be permitted to have up to 15 units per acre in the Residential High future land use designation in conjunction with a Planned Unit Development or a Planned Community District except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. To better delineate between "community based residential care facilities" and ACLFs a separate policy should be established. Revise old policy to address only community residential homes: Policy 3.1.4.3: The City shall provide for community based residential homes sari- #asides needed to serve ,.re. in hn.v+en nnr) +hn nlien +n of n +her nrerrrmms 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. A.1..1+ ('nnnrenn +e I niinn Cnnili +iec. /A(�I Cn\ nk,%II he nermi++erl 4n hn�.e ..n +n [] AAI- llinr. ..........,..y.. �.....y . w.,...�..,.. �, .... N..........,...., ..w.., ..M .., ., .....,.....� nor nnre in +he Dec.irlen +inl hfi^,4u.rr. /Dnil\ nnrl 'li riu.ellinn .mi +n ner ni.re in +he Denirlen +inl 1..1i'rh /DI-h nnrl 11Aivi+rl 1 Ine f.. +..re InnA ..ne rleninnn +inn in nnni..nn +i^- ..Ii +h n Dlnnnerl 1 Ini+ ..y.. V %..� ..........,..,...,.,., .w....., ,�...,...,.., ...... y,..... .,......,.,.y .................. .w.........,..., e . iin +rin+ e L.linh L.Jri snrrl A r^,in +hn+ G... .....1 --t-1 . ____4 ....� .............. ...... arc the cats -nni 1 1- J..rrinnnr+ Cainn�iM +inn 7nno� 8 New Policies for ACLFS and Nursing Facilities: Policy 3.1.4.6: Adult Congregate Living Facilities (ACLFs) shall be permitted to have up to 9 dwelling units per acre in the Residential Medium, and 415 12 dwelling units per acre in the Residential High and Mixed Use 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. ACLFs shall have a maximum of 2 beds per dwelling unit. The City Council may consider a "2 for 1" density bonus of up to 18 dwelling units per acre in Residential Medium and up to 24 dwelling units per acre in Residential High and Mixed Use during the PUD or PCD approval process, should the applicant demonstrate compatibility with the surrounding land uses. Skilled Care Nursing Facilities shall be considered an ACLF component and shall be permitted within Residential High categories at a maximum of 38 beds per acre only in conjunction with an independent and /or assisted living ACLF PUD or PCD. Individual Skilled Care Nursing Facilities shall be allowed in the Commercial future land use designation. 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. Other Policies to be amended: 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 PCDs with an underlying Future Land Use designation of RM, RH or MXD may be granted a 12 for 1" density bonus for an Adult Congregate Living Facility (ACLF), per City Council's approval, 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): 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 with an underlying Future Land Use designation of RM, RH or MXD may be granted a 112 for 1" density bonus for an Adult Congregate Living Facility (ACLF), per City Council's approval, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. 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