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.
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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
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05/27/1999 15:35
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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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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
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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
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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
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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
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Po 0: 741.
At Listivin
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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
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0th/
3421
5868
NORTHLAKE
BV &SR 809
78
02/20/99
18:47
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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
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SS
3421
5868
NORTHLAKE
BV &SR 809
78
04/10/99
1:10
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RE
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5868
NORTHLAKE
BV &SR 809
78
04/30/99
17:36
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RE
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5868
SR 809
& NORTHLAKE
BV
78
01/06/99
15:03
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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
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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
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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
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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
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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
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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
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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
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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
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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
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&� 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
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DEPARTMENT
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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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