HomeMy WebLinkAboutAgenda Council Agenda 060310CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 3, 2010
7:00 P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Barnett
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. REPRESENTATIVE CARL DOMINO — LEGISLATIVE WRAP -UP.
b. RECOGNITION OF PALM BEACH GARDENS HIGH SCHOOL SOFTBALL
CLASS 6A CHAMPIONS.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 51 APPROVE MINUTES FROM MAY 6, 2010 CITY COUNCIL MEETING.
b. (Staff Report on Page 9, Resolution on Page 11) RESOLUTION 28, 2010 —
OPPOSING AMENDING THE FLORIDA CONSTITUTION. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
EXPRESSING OPPOSITION TO A PROPOSED AMENDMENT TO THE
FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL
CHANGES TO A MUNICIPALITY'S OR COUNTY'S COMPREHENSIVE PLAN;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(Staff Report on Page 14, Resolution on Page 16) RESOLUTION 31, 2010 —
WATSON B. DUNCAN' S ACADEMY OF LITERARY AND FINE ARTS. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA IN SUPPORT OF THE TRIBUTE TO WATSON B.
DUNCAN III THROUGH THE IMPLEMENTATION OF THE WATSON B.
DUNCAN LITERARY AND FINE ARTS ACADEMY AT WATSON B. DUNCAN
MIDDLE SCHOOL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
IX. PUBLIC HEARINGS: (* Designates Quasi- Judicial Hearin)
a. (Staff Report on Page 18, Ordinance on Page 27) ORDINANCE 8, 2010 — (2nd
READING AND ADOPTION) AMEND THE LAND DEVELOPMENT
REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW
SUBSECTION 78- 1590)(71) AND AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A
COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO
COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
b. (Staff Report on Page 39, Ordinance on Page 54) *ORDINANCE 10, 2010 -
(2nd READING AND ADOPTION) ST. MARK'S EPISCOPAL CHURCH AND
SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF ST.
MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE CORNER
OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET
ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND
ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED,
RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL
PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL
AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE
RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE
PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY
RESOLUTION OF THE CITY COUNCIL; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10,
2010 AND WILL REQUIRE COUNCIL ACTION.
(Resolution on Page 58) RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL
CHURCH AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S
EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD)
AND SITE PLAN IN ORDER TO ALLOW A 44,593- SQUARE -FOOT
EXPANSION TO THE EXISTING FACILITIES, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
C. (Staff Report on Page 82, Ordinance on Page 94) *ORDINANCE 11, 2010 —
(2nd READING AND ADOPTION) PARCEL 18 A07 VOLUNTARY
ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION FOR
VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF
APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
HOOD ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING
THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE
OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING
ARTICLE II OF THE CITY CHARTER BY REDEFINING THE CORPORATE
LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
d. (Staff Report on Page 99, Resolution on Page 114) *RESOLUTION 25, 2010 -
AMENDMENT TO THE OAKBROOK SQUARE PUD MODIFYING THE MASTER
SIGNAGE PROGRAM. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA AMENDING THE MASTER SIGNAGE
PROGRAM OF THE OAKBROOK SQUARE SHOPPING CENTER PLANNED
UNIT DEVELOPMENT (PUD) LOCATED AT THE NORTHEAST CORNER OF
PGA BOULEVARD AND US HIGHWAY 1, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
e. (Staff Report on Page 121, Resolution on Page 167) RESOLUTION 26, 2010 -
ART IN PUBLIC PLACES FOR DOWNTOWN AT THE GARDENS. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR
DOWNTOWN AT THE GARDENS, GENERALLY LOCATED WITHIN THE
REGIONAL CENTER DRI /PCD AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF GARDENS PARKWAY AND ALTERNATE A1A, NORTH
OF KYOTO GARDENS DRIVE AT 11701 LAKE VICTORIA GARDENS
AVENUE, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(Staff Report on Page 186, Resolution on Page 210) *RESOLUTION 27, 2010
- DOWNTOWN AT THE GARDENS — EXTEND THE TEMPORARY PARKING
LOT USE ON THE GARDENS CORPORATE CENTER PARCEL - GOSMAN
SITE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING A DEVELOPMENT ORDER
CONDITION OF APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED
WITHIN THE REGIONAL CENTER DRI /PCD, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO MODIFY A CERTAIN CONDITION OF
APPROVAL RELATED TO TEMPORARY PARKING LOCATED ON THE
GOSMAN PROPERTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
X. RESOLUTIONS:
(Staff Report on Page 214, Resolution on Page 216) RESOLUTION 20, 2010 -
RE- ESTABLISHING THE BUDGET OVERSIGHT COMMITTEE. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA RE- ESTABLISHING THE BUDGET OVERSIGHT
COMMITTEE; PROVIDING A PURPOSE, POWERS, DUTIES, MEMBERSHIP,
AND MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
b. (Staff Report on Page 219, Resolution on Page 240) RESOLUTION 21, 2010 -
REAPPOINTMENT OF FIVE (5) REGULAR MEMBERS TO THE BUDGET
OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING FIVE (5)
REGULAR MEMBERS TO THE BUDGET OVERSIGHT COMMITTEE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION /DISCUSSION:
a. (Page 242) RESOLUTION OF COLLECTIVE BARGAINING IMPASSE
BETWEEN THE CITY AND THE SEIU /FLORIDA PUBLIC SERVICES UNION.
b. BUDGET 2010/2011
XIL CITY ATTORNEY REPORT:
XIIL ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800- 955 -8771 (TDD) or 800- 955 -8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
MAY 6, 2010
The regular meeting was called to order at 7:02 p.m. by Mayor Levy.
L PLEDGE OF ALLEGIANCE
II. ROLL CALL
PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Joseph
Russo, Councilmember Eric Jablin, Councilmember Jody Barnett.
ABSENT: None.
III. ADDITIONS, DELETIONS, MODIFICATIONS
None.
IV. ANNOUNCEMENTS AND PRESENTATIONS
a. RECOGNITION OF EMPLOYEE RYAN BARROWS — VALEDICTORIAN, CLASS
OF 2010 WILLIAM T. DWYER HIGH SCHOOL.
Mayor Lew acknowledged Ryan Barrows' accomplishments and presented him with a
plaque.
b. AIMEE CRAIG CARLSON, FLORIDIANS FOR SMARTER GROWTH, REGARDING
AMENDMENT 4.
Aimee Craig Carlson presented an in -depth review of Amendment 4.
Vice Mayor Premuroso made a motion for staff to draft a Resolution regarding Amendment
4 for a future agenda.
Councilmember Jablin seconded.
Discussion ensued.
Motion passed 4 -1 with Councilmember Barnett dissenting.
V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS
Councilmember Jablin reported the Shriners will return to Palm Beach Gardens next May.
Vice Mayor Premuroso reported attending the April Budget Oversight Committee meeting.
Councilmember Russo had no report. Councilmember Barnett had no report. Mayor Levy
reported attending the Palm Beach County School District Volunteer Business Partners award
breakfast.
VI. CITY MANAGER REPORT
City Manager Ferris reported on the City of Palm Beach Gardens, Town of Jupiter and
Town of Juno Beach Joint Meeting for the proposed Northern County Communication Center.
Council reached consensus 4 -1, with Councilmember Barnett dissenting, authorizing City
Manager Ferris to move forward.
VII. COMMENTS FROM THE PUBLIC
Vito DeFrancesco, 1049 Shady Lakes Circle, Palm Beach Gardens; Vinnie Veneziano, 5052
Sesame Street, Palm Beach Gardens; Kristen Puhalainen, Member Outreach Director, Palm
Beach County League of Cities.
VIII. CONSENT AGENDA
a. RESOLUTION 18, 2010 — INTERLOCAL AGREEMENT AMENDMENT. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL
AGREEMENT PROVIDING FOR HEIGHTENED REVIEW REGARDING LANDS
LOCATED WITHIN THE WESTERN NORTHLAKE CORRIDOR PLANNING AREA
BETWEEN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, AND
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
05.06.10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
THE CITY OF WEST PALM BEACH; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
b. RESOLUTION 23, 2010 - AGREEMENT WITH THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO CONFIRM AND
MEMORIALIZE THE TRANSFER OF FULL AND COMPLETE LEGAL OWNERSHIP
TO THE CITY OF PALM BEACH GARDENS OF A PIECE OF STEEL OF THE FORMER
WORLD TRADE CENTER TO BE USED FOR THE 09.11.01 MEMORIAL;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. PROCLAMATION — WATER REUSE WEEK.
d. PROCLAMATION — WILD AND SCENIC LOXAHATCHEE RIVER DAY.
Councilmember Jablin made a motion for approval of the Consent Agenda.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearing)
The City Clerk read Ordinance 7, 2010 by title.
a. ORDINANCE 7, 2010 — (Ist READIN(j) BUSINESS TAX RECEIPT
(OCCUPATIONAL LICENSE). AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 66.
TAXATION. BY REPEALING ARTICLE IL OCCUPATIONAL LICENSE. IN ITS
ENTIRETY AND READOPTING A NEW ARTICLE II WITH A NEW TITLE SUCH
THAT ARTICLE II. SHALL NOW BE ENTITLED `BUSINESS TAX AND
REGISTRATION" IN ORDER TO COMPLY WITH CHAPTER 205, FLORIDA
STATUTES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levy opened the public hearing.
Presented Item: Business Services Coordinator Kenthia White.
Mayor Levy closed the public hearing.
Councilmember Jablin made a motion for approval of Ordinance 7, 2010 on first reading.
Vice Mayor Premuroso seconded.
Discussion ensued.
Motion passed 5 -0.
X. RESOLUTIONS
The City Clerk read Resolution 19, 2010 by title.
a. RESOLUTION 19, 2010 — PIGGYBACK AGREEMENT TO CXT, INC. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING A "PIGGYBACK" AGREEMENT WITH CXT, INC. FOR THE
PURCHASE OF A PRE - FABRICATED CONCRETE FLUSH TOILET BUILDING TO BE
LOCATED AT PGA NATIONAL PARK VIA AN EXISTING CONTRACT WITH LEON
COUNTY (NO. BC- 07- 16- 09 -51); AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mayor Levy opened the public hearing.
Presented Item: Construction Services Director Todd Enile.
Mayor Levy closed the public hearing.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
05.06.10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Councilmember Jablin made a motion for approval of Resolution 19, 2010.
Councilmember Russo seconded.
Motion passed 5 -0.
XI. ITEMS FOR COUNCIL ACTION /DISCUSSION
a. BIOSCIENCE LAND PROTECTION ADVISORY BOARD ( BLPAB) BY -LAWS
REVISION.
Staff Presentation: Interim Growth Management Administrator Natalie Wont.
Councilmember Jablin made a motion authorizing Councilmember Russo to vote for
approval of the revision at the next BLPAB meeting.
Vice Mayor Premuroso seconded.
Motion passed 5 -0.
b. CITY MANAGER EVALUATION
Councilmember Russo made a motion directing the City Attorney to draw up a 3 -year
extension of City Manager Ferris' current contract and authorizing Mayor Levy to sign it.
Councilmember Jablin seconded.
Discussion ensued.
Motion passed 4 -1 with Councilmember Barnett dissenting.
XIL CITY ATTORNEY REPORT
None.
(The remainder of this page intentionally left blank.)
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
05.06.10
PAGE 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
XIII. ADJOURNMENT
Councilmember Jablin made a motion to adjourn.
Councilmember Russo seconded.
Motion passed 5 -0.
The meeting adjourned at 8:24 p.m.
The next regularly scheduled City Council meeting will be held May 20, 2010.
APPROVED-
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Jody Barnett, Councilmember
ATTEST:
Patricia Snider, CMC
City Clerk
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of
the meeting. A verbatim audio record is available from the Office of the City Clerk.
All referenced attachments are on file in the Office of the City Clerk.
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING
05.06.10
PAGE 4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution 28, 2010
SUBJECT /AGENDA ITEM
Resolution 28,2010: Expressing Opposition to Amendment 4 which would
require voters to approve all Comprehensive Plan Amendments.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: N/A
City Council Action:
City
City Attorney
[ ]Rec. approval
Atto rn ey I.
Costs: $ N/A
[ ] Rec. app. w/ conds.
R. Max Lohman, sq.
Total
[ ] Rec. Denial
R. Max Lohman, Esq.
[ ] Continued to:_
$ N/A
Current FY
[X] Quasi — Judicial
[ ] Legislative
Funding Source:
[X] Public Hearing
[ ]Operating
Advertised:
Attachments:
[ ] Required
[X] Other NA
4- Resolution 28, 2010
[X] Not Required
Budget Acct. #:
N/A
Approved By:
City Manager
Affected Parties:
R4&4 M erris
[ ] Notified
[X] Not Required
Meeting Date: June 3, 2010
Resolution 28, 2010
Page 2of2
BACKGROUND:
The State of Florida is experiencing an unprecedented economic recession, coupled
with increased unemployment rates; therefore attracting new business and jobs to
Florida is essential to the future recovery and prosperity of the State, Palm Beach
County, and the City of Palm Beach Gardens.
Amendment 4 (REFERENDA REQUIRED FOR ADOPTION OF LOCAL
GOVERNMENTAL COMPREHENSIVE LAND USE PLANS) would, if adopted by
Florida voters, amend the Florida Constitution (Article II, Section 7) by requiring voters
to approve all comprehensive plan amendments, which would create a time - consuming
and costly process for businesses that desire to locate or expand in Florida, and would
also impede efforts to grow and diversify Florida's economy.
A major economic study indicates that Amendment 4 is likely to lead to more than
260,000 lost jobs in Florida, will permanently damage Florida's economy, and will lead
to a serious decline in the standard of living for all Florida residents.
Amendment 4 constitutes a fundamental abandonment of government's responsibility to
represent all its citizens and will make well- coordinated growth management and
planning impossible for local governments. Amendment 4 will also disenfranchise
millions of Florida's already- fatigued electorate, paralyze local governments, and
potentially cripple vital public services, including crime prevention, transportation
improvement, and public education.
The City Council of the City of Palm Beach Gardens does not concur with the "one size
fits all" approach of Amendment 4 and believes that growth management concerns must
be addressed by considering all the unique issues that each local government must
deal with on a case -by -case basis.
The ballot summary is as follows: Establishes that before a local government may
adopt a new comprehensive land use plan, or amend a comprehensive land use plan,
the proposed plan or amendment shall be subject to vote of the electors of the local
government by referendum, following preparation by the local planning agency,
consideration by the governing body, and notices.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 28, 2010 as presented.
1 RESOLUTION 28, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA EXPRESSING OPPOSITION TO A
6 PROPOSED AMENDMENT TO THE FLORIDA CONSTITUTION
7 THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A
8 MUNICIPALITY'S OR COUNTY'S COMPREHENSIVE PLAN;
9 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
10 NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF
11 THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR
12 OTHER PURPOSES.
13
14
15 WHEREAS, the State of Florida is experiencing an unprecedented economic
16 recession, coupled with increased unemployment rates; and
17
18 WHEREAS, attracting new business and jobs to Florida is essential to the future
19 recovery and prosperity of the State, Palm Beach County, and the City of Palm Beach
20 Gardens; and
21
22 WHEREAS, Amendment 4 (REFERENDA REQUIRED FOR ADOPTION OF
23 LOCAL GOVERNMENTAL COMPREHENSIVE LAND USE PLANS) would, if adopted
24 by Florida voters, amend the Florida Constitution (Article II, Section 7) by requiring
25 voters to approve all comprehensive plan amendments; and
26
27 WHEREAS, Amendment 4 will create a time - consuming and costly process for
28 businesses that desire to locate or expand in Florida, and will impede efforts to grow
29 and diversify Florida's economy; and
30
31 WHEREAS, a major economic study indicates that Amendment 4 is likely to lead
32 to more than 260,000 lost jobs in Florida; and
33
34 WHEREAS, Amendment 4 will make well- coordinated growth management and
35 planning impossible for local governments; and
36
37 WHEREAS, Amendment 4 constitutes a fundamental abandonment of
38 government's responsibility to represent all its citizens; and
39
40 WHEREAS, Amendment 4 will disenfranchise millions of Florida's already -
41 fatigued electorate, paralyze local governments, and potentially cripple vital public
42 services, including crime prevention, transportation improvement, and public education;
43 and
44
45
46
Resolution 28, 2010
1 WHEREAS, the small Pinellas County Town of St. Pete Beach adopted a local
2 version of Amendment 4 in 2006, which has resulted in higher taxes, fewer jobs, and
3 endless litigation for that town at taxpayer expense; and
4
5 WHEREAS, Amendment 4 will permanently damage Florida's economy and will
6 lead to a serious decline in the standard of living for all Florida residents; and
7
8 WHEREAS, the City Council of the City of Palm Beach Gardens does not concur
9 with the "one size fits all" approach of Amendment 4, and believes that growth
10 management concerns must be addressed by considering all the unique issues that
11 each local government must deal with, on a case -by -case basis; and
12
13 WHEREAS, the City Council deems approval of this Resolution to be in the best
14 interests of the health, safety, and welfare of the residents and citizens of the City of
15 Palm Beach Gardens and the public at large.
16
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
19 OF PALM BEACH GARDENS, FLORIDA that:
20
21 SECTION 1. The City Council of the City of Palm Beach Gardens, for all the
22 reasons set forth herein above, expresses its opposition to the proposed Amendment 4
23 to the Florida Constitution, and urges all voters to vote "NO" on Amendment 4 when it
24 appears on the 2010 ballot.
25
26 SECTION 2. The City Council of the City of Palm Beach Gardens hereby directs
27 the City Manager to do all things necessary to convey to the citizens of Palm Beach
28 Gardens its position on Amendment 4 as set forth herein.
29
30 SECTION 3. This Resolution shall take effect immediately upon adoption.
31
32
33
34 (The remainder of this page intentionally left blank)
35
36
37
38
39
40
41
42
43
44
45
46
47
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Resolution 28, 2010
PASSED AND ADOPTED this day of , 2010.
ATTEST:
M
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
CITY OF PALM BEACH GARDENS, FLORIDA
David Levy, Mayor
AYE NAY ABSENT
G:\attorney_ share \RESOLUTIONS\2010\Resolution 28 2010 - Amendment 4 Opposition.doc
3
VW01"Ims.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution 31, 2010
SubjectlAgenda Item: Watson B. Duncan Middle School's Academy of Literary and
Fine Arts.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed
Originating Dept.:
Costs: $ N/A
Council Action:
Mayor David Levy
(Total)
[ ]Approved
City A orney
Current FY
[ ]Approved w/
conditions
[ ] Denied
Advertised:
Funding Source:
[ ] Continued to:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
Resolution 31, 2010
[ x ] Not Required
Sub ad by:
Patricia Snider
City Clerk
Department Director
Affected parties
[ otified
Budget Acct. #:
Approve by:
[ ] Not required
City Mana er
Meeting Date: May 6, 2010
Resolution 31, 2010
BACKGROUND:
At the request of Phillip M. D'Amico, Assistant Principal at Watson B. Duncan Middle
School, Resolution 31, 2010 has been prepared to offer support for the Watson B.
Duncan's Academy of Literary and Fine Arts.
This program will offer creative and artistic opportunities as part of a literary and fine arts
program. All enrolled students will be dedicated to the study of literature and the arts.
Intensive study and time will be devoted to each student's chosen arts /literary major, while
exploring other artistic disciplines in the classroom, in the studio, and on stage.
The program will challenge students to achieve a high standard of artistic professionalism
and academic excellence. Students will be exposed to professional artists, literary agents,
field trips, and artistic performances.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 31, 2010.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
RESOLUTION 31, 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA IN SUPPORT OF THE TRIBUTE TO
WATSON B. DUNCAN III THROUGH THE IMPLEMENTATION OF
THE WATSON B. DUNCAN LITERARY AND FINE ARTS ACADEMY
AT WATSON B. DUNCAN MIDDLE SCHOOL; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City desires to support the creation of the Watson B. Duncan
Literary and Fine Arts Academy; and
WHEREAS, the City recognizes the creative and artistic opportunities will be the
main attraction in the literary and fine arts program; and
WHEREAS, the students enrolled in the academy will be dedicated to their
chosen arts /literary major and explore other artistic disciplines in the studio and on
stage; and
WHEREAS, the program will challenge students to achieve a high standard of
artistic professionalism and academic excellence while being exposed to professional
artists, literary agents, field trips, and artistic performances; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby supports the establishment of the Watson
B. Duncan Literary and Fine Arts Academy as a tribute to Watson B. Duncan III.
SECTION 3. This Resolution shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND ADOPTED this
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
day of
Resolution 31, 2010
, 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
AYE NAY ABSENT
G:\attorney_ share \RESOLUTIONS\2010\Resolution 312010 Watson B Duncan Literary Fine Arts Academy 052010.doc
2
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date., June 3, 2010
Petition LDRA-10-03-000030/Ordinance 8, 2010
SubiectiAgenda Item
Ordinance 8, 2010/Petition LDRAA0 -03-000030: Code Amendment to Section 78-
159, Table 21, Amending Chart of Permitted Uses
Public Hearing and Adoption Hearing A City-initiated request to amend the City's Land
Development Regulations ("LDRs") in order to create a "Community Garden" use ano
establish regulations and a review process.
X Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
itity Att6rney
Bahareh Wolfs, AICP
WA
Development Compliance
Natalie 141 bVc-)q, AICP
Interim Gro,,,vth
Wanacement Administrator
'
- - - -- -
Originating - - —T---- -
riginating b ept.: Finance: NJA
Grov.,.r; Maragen-,e,-it Costs:
Richard J. Mar ero N!A
Fotai
$_—N,!A
Current FY
I I
(X I
[X I
0,�a5;-j1xj1c- al Funding Source:
Leaislatrve
Public Hearing
( I Ope -at!ng
(x
`; CSthet tit
Budget Acct.#:
Advertised.
N.-A
Cate Nlav 28. -,,010
Pap z Palm Reach
pos,
(Xj R,_,. re d
Approved by
tonal Ferrs I "Affected parties
ified:
e d
Clt'Alar er X 1 Not req,11,ec;
Council Action
Rec. app,,ova±
Rec app ,v, conas
Re-, Denial
C.)nt'n,_ed to
Attachments-
Gr,ainar,,:;e 8, 2010
• C zy CDde Sec,;cn
18
-52 (CcrJ *lorial
Uses)
Meeting Date: June 3, 2010
Petition LDRA -10 -03 -000030 /Ordinance 8, 2010
EXECUTIVE SUMMARY
During the past several months, the City Council and various residents and members of
the community have discussed the possibility of allowing community gardens within the
City. Staff believes community garden uses could be a benefit to our City as well as the
environment. However, the LDRs do not contain a category or standards in which such
a use is allowed or regulated. According to City Code Section 78 -159 (d), "Any use not
listed as a permitted use, minor conditional use, or major conditional use in Table 21, or
not recognized as a similar use, is a prohibited use and shall not be established."
Community gardens may create impacts which can be detrimental to the quality of life of
adjacent property owners. Therefore, it is important to create standards to regulate
potential impacts such as noise, odor, visual impacts, and hours of operation. However,
it is not staffs intention to over - regulate the use to the extent that it would be cost
prohibitive to pursue gaining an approval from the City. Thus, staff recommends that
community gardens be classified as minor conditional uses. The minor conditional use
process is an existing process within the City's LDRs which contain standards and
criteria that is reviewed to ensure compatibility with adjacent properties. Minor
conditional uses are reviewed and approved by the Development Review Committee
(DRC), which is comprised of City staff from the following Departments: Police, Fire,
Engineering, Planning & Zoning, and Forestry. Therefore, the subject request is a City -
initiated amendment to the LDRs, specifically to the chart of permitted uses in Section
78 -159, to create and define a "Community Garden" use, establish criteria and
regulations, and create a review process.
BACKGROUND
During the past several years, local zoning codes and Comprehensive Plans have
implemented environmental initiatives to conserve energy, preserve natural areas and
habitats, and reduce the collective carbon footprint of communities. Palm Beach
Gardens, like many other municipalities, has adopted various Comprehensive Plan
objectives and policies to promote "green" initiatives within the City. The proposed code
amendment furthers the goals contained within the City's Comprehensive Plan Policy
1.3.6.2., which states, "The City shall encourage policies and actions that reduce
greenhouse gas emissions and other pollutants and reduce the use of non - renewable
resources."
(The remainder of this page left intentionally blank.)
2
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
PROPOSED CITY CODE AMENDMENT
Staff recommends approval of a text amendment to the following Code Sections:
(Deletions are StFUGk, new language is underlined):
Sec. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and
prohibited uses.
(Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional
Use, Blank = Prohibited)
CATEGORY /USE
RE IRR10IRR201
R11
RL2
IRL3
IRM
I RH
I RMH
1PO
ICNICG1
C
ICRIM11
M1A
IM2
I P &I
CONS
I PDA
Note
*(The previous rows of Table 21 have been omitted for brevity.)***
RESOURCES PRODUCTION AND EXTRACTION
Agriculture
C"
65
Excavation and
C'
C'
66
Fill, and
Borrow Pit
Operations
OTHER
Accessory Uses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Mobile Home,
C
C
C
C
C
C
C
C
C
C
67
Temporary
Recreation,
C
C
C
C
C
C
C
C
68
Accessory
Satellite
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
69
Dishes,
Accessory
Trailers,
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Construction
Trailers, Sales
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Community
C
C
C
C_
C
C
C_
C
C_
C
C
C
C
C
C_
C
71
Gardens
(j) Additional Standards. The following standards apply to specific uses as
indicated in the "Note" column of Table 21.
(l)—(70) (These subsections shall remain in full force and effect as previously
enacted.)
(71) Community Gardens. A community garden is a use that is divided into multiple
plots for crop cultivation by multiple individual parties. Community gardens shall be
3
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
limited to the cultivation of fruits, vegetables, non - nuisance native plants, flowers, or
herbs for personal use only.
a. Applicability. This section shall apply to community gardens. Community
gardens may be located on vacant property or on property with a valid
development order approval. Community gardens may be located within the
PGA Boulevard Overlay or Northlake Boulevard Overlay Zone (NBOZ). This
section shall not apply to single- family residential dwelling units.
b. Purpose and intent. The purpose and intent of this section is to establish
appropriate standards for the regulation of community gardens, with emphasis on
mitigating associated negative impacts on adjacent property owners. Organic
gardening practices are encouraged and the use of inorganic pest controls or
nutrients is discouraged.
c. Definition. Community garden is a conditional use that is intended to be
temporary on property in order to allow multiple parties to engage in horticultural
activities for their personal consumption or enjoyment, for the consumption or
enioyment of friends and relatives, and /or donation to a not - for - profit
organization. A community garden shall comply with this section and the
development standards of the zoning district in which it is located.
d. General requirements. All community gardens shall comply with the
standards listed below:
1. Community gardens shall not exceed one -half (1/2) acre in size. The
use of previously - cleared land is encouraged.
2. The property shall be maintained in an orderly and neat condition
consistent with the City's property maintenance standards. Tools and
supplies shall be stored indoors or removed from the property daily.
3. No horticultural activities shall be conducted prior to sunrise or after
sunset. The use of hand tools and domestic gardening tools is encouraged.
The use of gas powered equipment greater than ten - horsepower is
prohibited in community gardens. Community gardens shall comply with
City Code Section 34 -56 relating to noise.
4. A community garden is not a commercial use or enterprise.
Commercial or "for profit" horticultural activities are not permitted in a
community garden. The produce grown in a community garden shall not be
sold at wholesale or retail, on or off of the premises.
5. No buildings or structures shall be permitted on the community garden
premises except sheds used for the storage of tools and equipment. Such
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
sheds shall be limited in size to 100 square feet and shall have no
dimension that exceeds 10 feet. Additionally, such sheds must comply with
all required setbacks for structures for the zoning district in which the
community garden is located. No more than two (2) sheds shall be
permitted on a community gardens site. No sheds shall be visible from PGA
Boulevard. Benches, bike racks, raised /accessible plantinq beds, compost
or waste bins, picnic tables, birdhouses, butterfly gardens, fences, and rain
barrel systems may be permitted as part of the conditional use approval
process. No more than two (2) fifty -five (55) gallon composting bins shall be
located on a community garden site, and rain barrels shall not exceed fifty -
five (55) gallons in size.
6. All fencing shall comply with the requirements contained within Section
78 -186. The boundaries of all community gardens must be properly
identified such that they are clear and unambiguous.
7. Additionally, the boundary of a community -garden shall be no less than
twenty -five (25) feet from the side or rear property line and no less than
twenty -five (25) feet from the front property line. Community gardens
located within the PGA Boulevard Overlay shall be set back one hundred
(100) feet from the property line abutting the PGA Boulevard right -of -way.
All plantings shall comp) with ith sight visibility triangle regulations, as set forth
in the land development regulations. Staff may require additional screening
through the minor conditional use process to ensure compatibility with and
minimize impacts upon adjacent developments or communities.
8. Refuse storage areas shall be provided and screened to enclose all
refuse generated from the garden. Refuse shall be removed from the site at
least once per week.
9. The site shall be designed and maintained so that water and fertilizer
will not drain onto adjacent property. Use of well- composted or sterilized
manure is permitted; however, the use of untreated manure is prohibited.
10. The applicant shall execute and file with the City a hold harmless
and /or indemnification agreement in favor of the City. This agreement shall
be reviewed and approved by the City Attorney prior to execution by the
applicant.
11. As part of the minor conditional use review and approval process, the
City may require soil testing which demonstrates that the subject site is
suitable for horticultural activities and food production. Additionally, as
condition of approval, the City may require the periodic soil testing in order
to ensure that the subject site remains suitable for same.
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
e. Time limitations.
1. Community garden uses shall be initiated and placed in continuous
use within-six- (6) months of approval or as otherwise provided for in the
development order approving such use. Community garden uses shall not
supersede any valid development approvals issued by the City.
2. Upon issuance of an infrastructure permit that conflicts with the
continued use and existence of an approved community garden, such
community garden shall immediately cease operation and that community
garden's conditional use approval shall automatically become null and void.
3. Each year within thirty (30) days of the anniversary of the original date
upon which the community garden was approved the applicant, property
owner, successor, or assigns shall provide written notice of his or her intent
and desire to continue the use for an additional year. Approval of such
continuation shall not be unreasonably withheld. Failure to timely provide
such written notice to the growth management director shall automatically
render the subject conditional use approval null and void.
4. The City may revoke any community -garden's approval and require it
to cease operation if code enforcement action, of any nature, is initiated in
order to enforce the City's code requirements. Furthermore, the City
specifically reserves the right to pursue any and all available legal remedies
should the community garden fail to comply with any applicable law. In the
event a community garden ceases to operate for a period of more than
three (3) months, the use shall be considered abandoned and the property
owner shall be required to restore and maintain the property in accordance
with the city codes.
DISCUSSION
During staff's research, the question of whether a property that obtained a community
garden use approval could apply for an agricultural exemption from Palm Beach
County, thus lowering the taxable value of the land. Staff contacted the Agriculture
Appraisal Office and confirmed that a property that obtained a community garden use
approval would not qualify for an agricultural exemption. Furthermore, the Appraiser's
Office stated that a maximum of one acre is too small to warrant an exemption for the
property.
The proposed LDR amendment establishes the community garden use and provides for
additional standards and criteria. The subject LDR amendment proposes community
garden uses be classified as a minor conditional use. By designating community
gardens as a minor conditional use, the City will be able to regulate certain aspects of
the use and mitigate any impacts to adjacent properties. Furthermore, a minor
6
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
conditional use designation coincides with existing review and approval processes
already established in the City's LDRs.
In addition to those regulations listed specifically in the proposed community garden use
section, an applicant would also need to comply with the existing minor conditional use
criteria listed below:
(1) Comprehensive plan. The proposed use is consistent with the comprehensive plan.
(2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
(3) Standards. The proposed use is consistent with the standards for such use as
provided in Section 78 -159.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
a. Providing for a safe and effective means of pedestrian access,
b. Providing for a safe and effective means of vehicular ingress and egress,
c. Providing for an adequate roadway system adjacent to and in front of the site;
d. Providing for safe and efficient onsite traffic circulation, parking, and overall control;
and
e. Providing adequate access for public safety purposes, including fire and police
protection.
(5) Screening and buffering. The proposed use utilizes such techniques as
landscaping, screening, buffering, site or building design, or business operation
procedures to mitigate impacts on surrounding properties, including such impacts as:
a. Noise;
b. Glare;
c. Odor,
d. Ground -, wall -, or roof - mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
f. Signs,
g. Waste disposal and recycling,
h. Outdoor storage of merchandise and vehicles,
i. Visual impact; and
j. Hours of operation.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirements required by the chapter.
7
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
(8) Neighborhood plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character of area development.
(10) Patterns of development. The proposed use will result in logical, timely, and
orderly development patterns.
(11) Purpose and intent. The proposed use will be in harmony with the general
purpose and intent of this chapter and the goals, objectives, and policies of the city.
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
(13) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impacts on environmental and natural resources
including air, water, stormwater management, wildlife, vegetation, and wetlands.
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
On May 11, 2010, the PZAB recommended denial to the City Council of the subject
LDR amendment by a vote of 7 -0. It is important to note that the PZAB was supportive
of the community garden concept, and believed that it was a benefit to the environment
and the City. However, due to the concerns listed below, the PZAB recommended
denial of the Ordinance.
1. The PZAB stated that they had concerns with locating structures associated with
community gardens along PGA Boulevard. The PZAB indicated that toolsheds
and greenhouses would not be compatible with the aesthetics of the PGA
Boulevard corridor.
2. The PZAB stated that they had concerns that the proposed ordinance did not
address soil testing.
3. The PZAB stated that they had concerns that the ordinance did not include
language regarding American Disability Act (ADA) standards for disabled
persons.
4. The PZAB stated that they had concerns with allowing community gardens within
commercial and industrial zoning designations.
CITY COUNCIL
On May 20, 2010, the City Council voted to approve the subject request on first reading
by a vote of 3 -0. Due to several concerns raised at the Council meeting, staff has
revised the proposed Ordinance to address the following issues (staff's responses are
in italics):
8
Meeting Date: June 3, 2010
Petition LDRA- 10 -03- 000030 /Ordinance 8, 2010
1. The Council was concerned with the potential use of fertilizers and pesticides by
community gardeners. Staff has incorporated language into the Ordinance
encouraging the use of organic gardening practices and discouraging inorganic
pest controls or nutrients.
2. The Council stated that they had concerns with the potential negative impacts
that a one -acre community garden may have to adjacent properties. Staff has
reduced the maximum allowable acreage for a community garden from one -acre
(1) to one -half (112) acre.
3. The Council was concerned with the noise that may be generated from
mechanical tools used by community gardeners. Staff has included language in
the proposed Ordinance that references City Code Section 34 -56 relating to
noise.
4. The Council and a resident were concerned with the potential negative impacts
associated with sheds being located on a community garden site. Staff has
revised the Ordinance to limit community gardens to a maximum of two (2)
sheds per site. Additionally, staff has increased the required setbacks from the
property line from 15 feet to 25 feet.
5. The Council was concerned with the potential odor that may be caused by the
use of manure as a fertilizer. Staff has researched and consulted with other
municipalities regarding the use of manure within community gardens. Often
times, untreated manure has a potent odor and is not recommended for use
where small quantities of fruits and vegetables are grown. Therefore, staff has
included language within the proposed Ordinance that prohibits the use of
untreated manure.
6. A Councilmember suggested that the proposed Ordinance include additional
language allowing for the City to require periodic soil tests to ensure the site is
suitable for food and horticultural production. Staff has included language that
allows for the City to request soil tests on a periodic basis.
STAFF RECOMMENDATION
Staff recommends approval of Petition No. LDRA- 10 -03- 000030 /Ordinance 8, 2010 to
establish regulations and criteria for community gardens.
9
1
2 ORDINANCE 8, 2010
3
4
5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
6 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
7 DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78- 1590)(71) AND
8 AMENDING TABLE 21: PERMITTED, CONDITIONAL AND PROHIBITED
9 USE CHART IN ORDER TO CREATE A COMMUNITY GARDENS USE
10 AND ADOPT REGULATIONS PERTAINING TO COMMUNITY GARDENS;
11 PROVIDING THAT EACH AND EVERY OTHER SECTION AND
12 SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL
13 REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
14 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
15 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
16 OTHER PURPOSES.
17
18
19 WHEREAS, the City Council of the City of Palm Beach Gardens has determined that
20 the existing Code of Ordinances does not contain regulations pertaining to community
21 gardens; and
22
23 WHEREAS, this Ordinance was reviewed by the Planning, Zoning, and Appeals
24 Board, sitting as the Local Planning Agency, at a public hearing on May 11, 2010, and the
25 Board recommended denial by a vote of 7 to 0; and
26
27 WHEREAS, the City Council deems approval of this Ordinance to be in the best
28 interests of the health, safety, and welfare of the residents and citizens of the City of Palm
29 Beach Gardens and the public at large.
30
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
33 PALM BEACH GARDENS, FLORIDA that:
34
35 SECTION 1. Chapter 78. Land Development. of the Code of Ordinances of the City of
36 Palm Beach Gardens, Florida is hereby amended by adopting new subsection 78- 1590)(71)
37 and amending Table 21: Permitted, Conditional and Prohibited Use Chart to establish
38 "Community Garden" as a minor conditional use and regulations for same; providing that
39 Section 78 -159 shall hereafter read as follows:
40
41 Sec. 78 -159. Permitted uses, minor and major conditional uses, and prohibited
42 uses.
43
44 (a) — (i) (These subsections shall remain in full force and effect as previously enacted.)
45
46
47
48
49
Page 1 of 6
Ordinance 8, 2010
1 Sec. 78 -159. Table 21. Permitted uses, minor and major conditional uses, and
2 prohibited uses.
3
4 (Please note that P= Permitted Use, C = Minor Conditional Use, C* = Major Conditional Use,
5 Blank = Prohibited)
6
CATEGORYIUSE
I RE
I RR10
I RR20
I RLt
I R12
I R13
I RM
RH
I RMH
I PO
I CN
I CG1
I CG2
I CR
I M1
I MIA
I M2
P&I
CONS
PDA
Note
* ** (The previous rows of Table 21 have been omitted for brevity.) * **
RESOURCES PRODUCTION AND EXTRACTION
Agricurbim
C.
65
Excavation and
Fill, and Borrow
Pit Operations
C.
C*
66
OTHER
Accessory Uses
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Mobile Home,
Temporary
C
C
C
C
C
C
C
C
C
C
67
Recreation,
Accessory
C
C
C
C
C
C
C
C
68
Satellite Dishes,
Accessory
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
69
Trailers,
Construction
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Trailers, Sales
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
70
Community
Gardens
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
71
8 !j) Additional Standards. The following standards apply to specific uses as indicated in
9 the "Note" column of Table 21.
10
11 (l)—(70) (These subsections shall remain in full force and effect as previously enacted.)
12
13 7( 1) Community Gardens. A community garden is a use that is divided into multiple plots
14 for crop cultivation by multiple individual parties. Community gardens shall be limited to the
15 cultivation of fruits, vegetables, non - nuisance native plants, flowers, or herbs for personal use
16 only.
17
18 a. Applicability. This section shall apply to community gardens. Community gardens
19 may be located on vacant property or on property with a valid development order
20 approval. Community gardens may be located within the PGA Boulevard Overlay
21 or Northlake Boulevard Overlay Zone (NBOZ). This section shall not apply to
22 single - family residential dwelling units.
23
24
Page 2 of 6
Ordinance 8, 2010
1 b. Purpose and intent. The purpose and intent of this section is to establish
2 appropriate standards for the regulation of community gardens, with emphasis on
3 mitigating associated negative impacts on adjacent property owners. Organic
4 gardening practices are encouraged and the use of inorganic pest controls or nutrients
5 is discouraged.
7 c. Definition. Community garden is a conditional use that is intended to be
8 temporary on property in order to allow multiple parties to engage in horticultural
9 activities for their personal consumption or eniovment, for the consumption or
10 eniovment of friends and relatives, and /or donation to a not - for - profit organization. A
11 community garden shall comply with this section and the development standards of
12 the zoning district in which it is located.
13
14 d. General requirements. All community gardens shall comply with the standards
15 listed below:
16
17 1. Community gardens shall not exceed one -half (1/2) acre in size. The use of
18 previously- cleared land is encouraged.
19
20 2. The property shall be maintained in an orderly and neat condition consistent
21 with the City's property maintenance standards. Tools and supplies shall be
22 stored indoors or removed from the property daily.
23
24 3. No horticultural activities shall be conducted prior to sunrise or after sunset.
25 The use of hand tools and domestic gardening tools is encouraged. The use of
26 gas powered equipment greater than ten - horsepower is prohibited in community
27 gardens. Community gardens shall comply with City Code Section 34 -56 relating
28 to noise.
29
30 4. A community garden is not a commercial use or enterprise. Commercial or
31 "for profit" horticultural activities are not permitted in a community garden. The
32 produce grown in a community garden shall not be sold at wholesale or retail, on
33 or off of the premises.
34
35 5. No buildings or structures shall be permitted on the community garden
36 premises except sheds used for the storage of tools and equipment. Such sheds
37 shall be limited in size to 100 square feet and shall have no dimension that
38 exceeds 10 feet. Additionally, such sheds must comply with all required setbacks
39 for structures for the zoning district in which the community garden is located. No
40 more than two (2) sheds shall be permitted on a community gardens site. No
41 sheds shall be visible from PGA Boulevard. Benches, bike racks,
42 raised /accessible planting beds, compost or waste bins, picnic tables,
43 birdhouses, butterfly gardens, fences, and rain barrel systems may be permitted
44 as part of the conditional use approval process. No more than two (2) fifty -five
45 (55) gallon composting bins shall be located on a community garden site, and
46 rain barrels shall not exceed fifty -five (55) gallons in size.
Page 3 of 6
Ordinance 8, 2010
6. All fencing shall comply with the requirements contained within Section 78-
186. The boundaries of all community gardens must be properly identified such
that they are clear and unambiguous.
5 7. Additionally, the boundary of a community garden shall be no less than
6 twenty -five (25) feet from the side or rear property line and no less than twenty-
7 five (25) feet from the front property line. Community gardens located within the
8 PGA Boulevard Overlay shall be set back one hundred (100) feet from the
9 property line abutting the PGA Boulevard right -of -way. All plantings shall comply
10 with sight visibility triangle regulations, as set forth in the land development
11 regulations. Staff may require additional screening through the minor conditional
12 use process to ensure compatibility with and minimize impacts upon adjacent
13 developments or communities.
14
15 B. Refuse storage areas shall be provided and screened to enclose all refuse
16 generated from the garden. Refuse shall be removed from the site at least once
17 per week.
18
19 9. The site shall be designed and maintained so that water and fertilizer will not
20 drain onto adjacent properq /. Use of well- composted or sterilized manure is
21 permitted; however, the use of untreated manure is prohibited.
22
23 10. The applicant shall execute and file with the City a hold harmless and /or
24 indemnification agreement in favor of the City. This agreement shall be reviewed
25 and approved by the City Attorney prior to execution by the applicant.
26
27 11. As part of the minor conditional use review and approval process, the City
28 may require soil testing which demonstrates that the subiect site is suitable for
29 horticultural activities and food production. Additionally, as condition of approval,
30 the City may require the periodic soil testing in order to ensure that the subject
31 site remains suitable for same.
32
33 e. Time limitations.
34
35 1. Community garden uses shall be initiated and placed in continuous use
36 within six (6) months of approval or as otherwise provided for in the development
37 order approving such use. Community garden uses shall not supersede any valid
38 development approvals issued by the City.
39
40 2. Upon issuance of an infrastructure permit that conflicts with the continued
41 use and existence of an approved community garden, such community garden
42 shall immediately cease operation and that community garden's conditional use
43 approval shall automatically become null and void.
44
45 3. Each year within thirty (30) days of the anniversary of the original date upon
46 which the community garden was approved the applicant, property owner,
47 successor, or assigns shall provide written notice of his or her intent and desire to
48 continue the use for an additional vear. Approval of such continuation shall not
Page 4 of 6
Ordinance 8, 2010
1 be unreasonably withheld. Failure to timely provide such written notice to the
2 growth management director shall automatically render the subject conditional
3 use approval null and void.
4
5 4. The City may revoke any community garden's approval and require it to
6 cease operation if code enforcement action, of any nature, is initiated in order to
7 enforce the City's code requirements. Furthermore, the City specifically reserves
8 the right to pursue any and all available legal remedies should the community
9 garden fail to comply with any applicable law. In the event a community garden
10 ceases to operate for a period of more than three (3) months, the use shall be
11 considered abandoned and the property owner shall be required to restore and
12 maintain the property in accordance with the city codes.
13
14 SECTION 2. All ordinances or parts of ordinances in conflict be and the same are
15 hereby repealed.
16
17 SECTION 3. Should any section or provision of this Ordinance or any portion thereof,
18 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
19 such decision shall not affect the validity of the remainder of this Ordinance.
20
21 SECTION 4. Specific authority is hereby given to codify this Ordinance
22
23 SECTION 5. This Ordinance shall become effective immediately upon adoption.
24
25
26
27 (The remainder of this page intentionally left blank)
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Page 5 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Ordinance 8, 2010
PASSED this day of , 2010, upon first reading.
PASSED AND ADOPTED this day of , 2010, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
FOR AGAINST ABSENT
GA attorney _share\ORDINANCESQ01Mordinance 8 2010 - final with first reading changes.dom
Page 6 of 6
LAND DEVELOPMENT REGULATIONS § 78 -50
(d) Administrative variances. The growth management director or designee may issue
administrative variances pursuant to the following conditions:
(1) Structural encroachments into setbacks of no more than ten percent. The growth
management director may issue an administrative variance for structural encroach-
ments into a setback of no more than ten percent of the setback, provided the
structural encroachment does not encroach upon an easement.
(2) Conditions. The growth management director may impose such conditions in a
development order granting an administrative variance as are necessary to accomplish
the goals, objectives, and policies of the Comprehensive Plan and this section,
including, but not limited to, limitations on size, bulk, location, requirements for
lighting, and provision of adequate ingress and egress.
(3) Standards for granting administrative variances. When considering an administrative
variance, the growth management director must determine that a) the variance is
necessary because of practical difficulty peculiar to the land, structure, or building
involved and which is not applicable to other lands, structures, or buildings in the
same zoning district; b) the variance is the minimum variance necessary to alleviate
the practical difficulty; and c) the variance will be in harmony with the general intent
and purpose of the zoning code, and will not be injurious to the area involved or
otherwise detrimental to the public welfare.
(4) Expiration of administrative variances. An administrative variance granted by the
growth management director shall automatically expire under the following condi-
tions:
a. The variance shall expire 12 months from the date of the written determination
of the growth management director granting the administrative variance if a
building permit has not been issued in accordance with the plans and conditions
upon which the administrative variance was granted; and
b. The administrative variance shall expire if a building permit issued in accor-
dance with the plans and conditions upon which the administrative variance was
granted expires and is not renewed pursuant to the applicable provisions
regarding renewal of building permits.
(5) Appeal of growth management director's decision. A petitioner may appeal the written
determination of the growth management director to the planning, zoning, and
appeals board in accordance with the procedures set forth at section 78 -56.
(Ord. No. 17 -2000, § 26, 7- 20 -00; Ord. No. 17 -2004, § 5, 6 -3 -04; Ord. No. 19, 2004, § 3, 11- 18 -04;
Ord. No. 30, 2008, § 1, 12 -4 -08)
Sec. 78 -50. Miscellaneous review.
(a) Nature of review. When a development order application is not consistent with any of the
development review processes provided herein, the growth management director shall
determine the specific nature of review.
Supp. No. 23 CD78:43
§ 78 -50 PALM BEACH GARDENS CODE
(b) Signs. Sign plans may be submitted separately from site plan applications. If submitted
separately, a sign plan shall be subject to review by the planning, zoning, and appeals board
prior to consideration by the city council.
(Ord. No. 17 -2000, § 27, 7- 20 -00; Ord. No. 17- 2004, § 5, 6 -3 -04; Ord. No. 19, 2004, § 3, 11- 18 -04)
Sec. 78.51. Land development regulation text amendments.
(a) Applications. Applications for an amendment to the text of the city's land development
regulations shall be prepared in detailed narrative form, and shall include the information
listed below.
(1) Amendment requested. The specific text amendment that is requested, including
language to be added and language to be deleted.
(2) Reason for request. The reasons for requesting the amendment.
(3) Supporting information. Any material or supporting documentation in support of the
request for a text amendment.
(Ord. No. 17 -2000, § 28, 7- 20 -00)
Sec. 78 -52. Conditional uses.
(a) Categories of conditional use review. The following categories of conditional use review
are established:
(1) Major conditional uses; and
(2) Minor conditional uses.
(b) Major conditional uses. Development order applications for major conditional uses shall
be reviewed by staff and the development review committee. Following a public hearing, the
planning, zoning, and appeals board shall make a recommendation of approval, approval with
conditions, or denial to the city council. The city council shall hold a public hearing prior to
approving, approving with conditions, or denying the major conditional use.
(1) Reconsideration. Any major conditional use which has been denied by the city council
shall not be eligible for reconsideration for six months from the date the application
was denied, unless there has been material change to the application as determined by
the growth management director.
(c) Minor conditional uses. Development orders for minor conditional uses shall be
reviewed by staff and the development review committee. The development review committee
shall approve, with or without conditions, or deny the application. Following a decision by the
development review committee, the growth management director shall issue a written order
consistent with the decision of the development review committee.
(1) Public notice.
a. The applicant shall obtain from the Palm Beach County Property Appraiser's
Office a certified property owners' list of all property owners within 500 feet of the
site affected by the minor conditional use. The applicant shall be responsible for
Supp. No. 23 CD78:44
r
LAND DEVELOPMENT § 78 -52
composing and mailing or hand - delivering at least 15 days before the scheduled
development review committee meeting the required public notices to the
property owners affected by the minor conditional use. The applicant shall
submit an affidavit to the growth management department director .5tating such
notices were sent to all property owners within the designated area.
b. The city clerk shall post a notice in a public place at the city hall complex at least
15 days before a scheduled development review committee giving the date and
time of the meeting and the items to be considered.
(2) Appeal procedure. Appeals from a decision by the development review committee shall
be made through the growth management department to the planning, zoning, and
appeals board within 30 calendar days of issuance of the written order. Appeals shall
be scheduled for the next available agenda of the planning, zoning, and appeals board
within 30 days from date of receipt of the appeal. Appeals from a final decision of the
board shall be made within 30 calendar days of such decision and shall be filed with
the Circuit Court of the Fifteenth Judicial Circuit.
(3) Reconsideration. Any minor conditional use which has been denied by the development
review committee shall not be eligible for reconsideration for six months from the date
the application was denied, unless there has been material change to the application
as determined by the growth management director.
(d) Criteria. In addition to the application requirements listed above, a development order
application for a minor or major conditional use approval shall demonstrate compliance with
the criteria listed below.
(1) Comprehensive plan. The proposed use is consistent with the comprehensive plan.
(2) Chapter requirements. The proposed use is consistent with all applicable require-
ments of this chapter.
(3) Standards. The proposed use is consistent with the standards for such use as provided
in section 78 -159.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare by:
a. Providing for a safe and effective means of pedestrian access;
b. Providing for a safe and effective means of vehicular ingress and egress;
C. Providing for an adequate roadway system adjacent to and in front of the site;
d. Providing for safe and efficient onsite traffic circulation, parking, and overall
control; and
e. Providing adequate access for public safety purposes, including fire and police
protection.
Supp. No. 17 CD78:45
§ 78 -62 PALM BEACH GARDENS CODE #k
(6) -Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, including such impacts as:
Supp. No. 17 CD78:46
a. Noise;
b. Glare;
C. Odor;
d. Ground -, wall-, or roof - mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
f. Signs;
g. Waste disposal and recycling;
h. Outdoor storage of merchandise and vehicles;
i. Visual impact; and
j. Hours of operation.
(6)
Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
(7)
Dimensional standards. The proposed use meets or exceeds all dimensional require-
ments required by the chapter.
(8)
Neighborhood plans. The proposed use is consistent with the goals, objectives, policies,
and standards of neighborhood plans.
(9)
Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character of area development,
(10)
Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
(11)
Purpose and intent. The proposed use will be in harmony with the general purpose and
intent of this chapter and the goals, objectives, and policies of the city.
(12)
Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
(13)
Environmental impact. The design of the proposed use minimizes any adverse impacts
that may be created, including impacts on environmental and natural resources
including air, water, stormwater management, wildlife, vegetation, and wetlands.
(e) Enforcement. In addition to the provisions of chapter 2 of the City Code, conditional uses
are subject to the enforcement procedures listed below.
(1)
Revocation. The city council shall have the power to revoke major conditional uses for
noncompliance with conditions of development approval. The growth management
director shall have the power to revoke minor conditional uses for noncompliance with
conditions of approval.
Supp. No. 17 CD78:46
P-1 (2) Removal. LAND DEVELOPMENT § 78 -52
a. Mgjor conditional uses. The city council shall have the right to compel removal of
offending structures or uses that are accessory to or part of the major conditional
use at the cost of the violator and may record a lien against the property to
recover its costs.
b. Minor conditional uses. The growth management director shall have the right to
compel removal of offending structures or uses that are accessory to or part of the
minor conditional use at the cost of the violator and may record alien against the
property to recover its costs.
(3) Inspections. The growth management department shall review and inspect all condi-
tional uses to ensure compliance with conditions of approval.
a. All minor conditional uses which fail to comply with any or all conditions of
approval shall be reported to the growth management director. The report shall
specify the manner in which the landowner is not complying with one or more
conditions of approval. The growth management director may:
1. Request timely compliance with the conditions of approval;
2. Direct initiation of code enforcement proceedings pursuant to article VII of
this chapter; or
3. Initiate the legal action and procedures necessary to revoke the minor
conditional use.
b. All major conditional uses which fail to comply with any or all conditions of
approval shall be reported in writing to the city council. The report shall specify
the manner in which the landowner is not complying with one or more conditions
of approval. The city council, upon receipt of the written report, may:
1. Request timely compliance with the conditions of approval;
2. Direct initiation of code enforcement proceedings pursuant to article VII; or
3. Initiate procedures to revoke the major conditional use. If the city council
initiates procedures to revoke the major conditional use, a hearing on the
report shall be scheduled within a reasonable time, and notice of the time
and place of the hearing shall be furnished to the landowner. If the city
council finds that the facts alleged in the report are true, and that the
landowner has not taken the steps necessary to fully comply with the
conditions between the date of the report and the date of the hearing, the
city council may authorize the city manager to revoke the major conditional
use. The city council also may authorize the city manager and take the
necessary legal action to terminate the major conditional use and all uses
authorized by that approval.
3upp. No. 17 CD78:47
§ 78 -52 PALM BEACH GARDENS CODE 04
(f) Prior conditional uses. Any land use which was legally established prior to (date of
adoption of this ordinance), and thereafter is classified by this chapter as a major or minor
conditional use, will be considered a legal nonconforming use.
(1) Amendments to prior conditional uses. Conditional use amendment applications shall
be reviewed in the same manner as required by this section and as determined by the
major or minor conditional use categories identified in section 78 -159, table 21, charter
of uses.
(Ord. No. 17 -2000, § 29, 7- 20 -00; Ord. No. 6, 2005, § 6, 5 -5 -05)
Sec. 78 -53. Variance requests.
(a) Development order applications. Applications for a development order approval for a
variance shall be submitted and reviewed as provided in division 1 of article III.
(b) Public hearing. The planning, zoning, and appeals board (PZAB) shall conduct a public
hearing to review the application. As a basis for approval, the board must determine the
application is consistent with the criteria listed below.
(1) Special conditions. Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district. e.
(2) Hardship. The special conditions and circumstances truly represent a hardship, and
are not created by any actions of the applicant.
(3) Literal interpretation. Literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this chapter and would work unnecessary and undue
hardship on the applicant.
(4) Special privileges. The grant of a variance will not confer upon the applicant any
special privilege denied to any other owner of land, buildings, or structures located in
the same zoning district.
(5) Minimum variance. The variance granted is the minimum variance that will make
possible the use of the land, building, or structure.
(6) Purpose and intent. The grant of the variance will be in harmony with the general
intent and purpose of this chapter and land development regulations.
(7) Financial hardship. Financial hardship is not to be considered as sufficient evidence of
a hardship in granting a variance.
(8) Public welfare. The grant of the variance will not be injurious to the area involved or
otherwise detrimental to the public welfare. r,
Supp. No. 17 CD78:48
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
PUDA- 09 -11- 000023
Ordinance 10, 2010
Resolution 22, 2010
SUBJECT /AGENDA ITEM
Ordinance 10, 2010 and Resolution 22, 2010: St. Mark's Episcopal Church and
School Planned Unit Development (PUD) Amendment
Second Reading and Adoption: A request from St. Mark's Episcopal Church and
School, to approve an amendment to the St. Mark's PUD allowing for improvements to
the existing church and school facilities. The proposed amendment includes an overall
expansion of 44,593 square feet. No additional students or church seats are proposed.
The subject site is located on the northeast and northwest corners of the intersection of
Burns Road and Gardens East Drive.
[X] Recommendation to APPROVE with 3 waivers
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
CITY COUNCIL:
Cit
Growth Management:
[ ] Rec. Approval
Ma ohman, Esq.
Project L(kJ
Finance
Administrator:
[ ] Rec. Approval with
Conditions
Manager
[ ] Rec. Denial
Kate Wilson, Planner
N/A
[ ] Continued to:
Development Compliance:
Allan Owens
%%
ahareh K. Wolfs, AICP
[X] Quasi — Judicial
[ ] Legislative
Accountant:
Interim Growth
[X] Public Hearing
Manwem9nt Administrator:
Advertised:
Attachments:
Sarah Varga
Date: May 5, 2010
•: Location Map
Aatalie Wong, AICP
Paper: Palm Beach Post
[X] Required
Fees Paid: [X]
Yes
❖Colored Elevations
+ Traffic Management and
Vehicular Circulation
Approved By:
City Manager
[ ] Not Required
Summary
Budget Acct. #:
•:• Ordinance 10, 2010
N/A
❖ Resolution 22, 2010
Affected Parties:
❖ Reduced Plans
Ron Ferris
[X] Notified
[ ] Not Required
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 2 of 8
BACKGROUND
The subject site is divided by Gardens East Drive (a public right -of -way) into two (2)
parcels. The east parcel is approximately 4.9 acres, and the west parcel is
approximately 6.1 acres. The east parcel currently includes all of the church facilities
and school buildings. The west parcel contains two (2) recreational fields and a small
accessory structure.
The earliest aerial photograph showing the original church structure is dated 1976. At
that time, the church site only included the east parcel. The first documented site plan
approval for the site was submitted in 1991 for approval of a columbarium (structure
used for the inurnment of cremated human remains) as an accessory use. The request
was approved by Resolution 101, 1991.
Resolution 21, 1992, approved an outdoor pavilion structure on the east parcel.
Approval of the resolution was subject to the Church submitting a master plan for the
subject property, which at that time only included the east parcel. On March 18, 1993, a
conceptual master site plan for the site was approved by Resolution 27, 1993.
Resolution 71, 1993, authorized the temporary use of a classroom trailer on the St.
Mark's parcel. The temporary trailer was removed during the 2000 -2001 school year.
Resolution 95, 1994, approved a number of variances associated with landscaping
requirements on site.
Resolution 119, 1994, approved an amendment to the St. Mark's site plan to add a
13,775- square -foot classroom /media center building.
Ordinance 24, 1999, approved the rezoning of the west parcel to a Planned Unit
Development (PUD) to be added to the overall site plan for St. Mask's. The ordinance
also approved the construction of recreational fields, courts, and an accessory structure
to be located on the west parcel.
Ordinance 32, 2000, approved the expansion of the PUD allowing a 14,000- square -foot
school building, and a 945- square -foot addition to the church facility.
LAND USE & ZONING
The subject site has a zoning designation of Planned Unit Development (PUD) with an
underlying zoning of Residential Medium (RM) on the western parcel, and Residential
Low (RL -3) on the eastern parcel. The western parcel has a future land use designation
of Residential Medium (RM) and the eastern parcel has a Residential Low (RL)
designation.
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 3 of 8
Table 1. Surroundin Zoning & Land Use Designations
ZONING EXISTING USE
Subject Property PUD /RM (west parcel),
RM (west parcel),
St. Mark's PUD PUD /RL -3 (east parcel)
RL (east parcel)
North
The Oaks
PUD /RM
RL
Oaks Park
RM
ROS
South
Gardens East Apartments
PCD
RM
Cedar Gardens Office
PO
PO
PBG Medical Center
PUD /PO
P
East
Plaza Nort h Medical Centre
PO
PO
West
Catalina Lakes
PUD /RM
RM
CONCURRENCY
The subject petition does not propose an increase in either the number of students or
the number of seats in the church. The total number of students or church seats will not
exceed the 570 and 380 maximum thresholds, respectively. The requested expansion
is intended to serve only the existing students and church members. Conditions of
approval have been placed in the Resolution which are intended to further monitor the
church and school's compliance with the approved number of seats and students
permitted. On February 16, 2010, Pinder Troutman Consulting, Inc. (PTC) submitted a
letter to the City certifying that the proposed project meets the Traffic Performance
Standards of Palm Beach County and the City of Palm Beach Gardens.
Additionally, letters have been received from Seacoast Utility Authority and Waste
Management indicating that sufficient water, sewer, and solid waste capacity exist to
service the addition.
PROJECT DETAILS
Site Details and Access
The St. Mark's PUD is located at the northeast and northwest corners of the intersection
of Burns Road and Gardens East Drive, and encompasses approximately 11 acres.
Gardens East Drive bisects the PUD creating two (2) separate parcels. The east and
west parcels are approximately 4.9 acres and 6.1 acres, respectively. The subject site
has existing access from Burns Road and Gardens East Drive (see attached Location
Map).
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 4 of 8
Proposed Improvements
The Applicant is requesting to add a total of 44,593 square feet to the existing church
and school facilities (see Table 2 below). The existing church will be expanded by
6,317 square feet, and a 1,301- square -foot chapel will be constructed on the west side
of the memorial garden. The expansion to both the church and school is meant to
provide improved facilities for the existing number of parishioners and students. In no
way will the approved number of students or seats be expanded through this request.
A new administration building, auditorium, and gymnasium are also proposed. The new
administration building will be 13,850 square feet, and will encompass existing Buildings
2 and 3. The new auditorium will be 26,450 square feet, and will encompass existing
Buildings 6 and 7. Both buildings will be located on the eastern parcel. The new
gymnasium will be 24,374 square feet, and be centrally located on the western parcel.
The existing recreation fields will remain. Classrooms 500 East and West, 600, and 700
will remain in their current state.
Table 2. Proposed Improvements
PROPOSED BUILDING EXISTING SIF
Church 9,039 15,356
Chapel
-
1,301
Administration (Old Bldg. 2 and 3)
7,521
13,850
Auditorium (Old Bldg. 6 and 7)
13,854
26,450
500 West — Classroom (Old Bldg. 4)
6,659
6,659
500 East — Classroom (Old Bldg. 5)
6,705
6,705
600 — Classroom (Old Bldg. 8)
13,947
13,947
700 — Classroom (Old Bldg. 9)
13,922
13,922
Gymnasium (with outdoor pavilion)
6,324
24,374
Total
77,971
122,564
Architectural Improvements
The Applicant is proposing to design the new buildings in a Modern architectural style.
The improvements possess a simplistic form and emphasize mostly horizontal and
vertical lines; however, both hipped and gabled roofs are incorporated into the design.
The design mimics that of the existing sanctuary building. The sanctuary expansion,
chapel addition, and proposed gymnasium are all one (1) story tall, and both the
administration building and auditorium are two (2) stories in height. The proposed
building heights are within the allowable height of the underlying zoning districts. All of
the proposed improvements have a white faQade with wood - colored asphalt shingles.
The gymnasium includes a tan border around the bottom portion of the building (see
attached Color Elevations).
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 5 of 8
Parking
The Applicant is proposing to implement a shared parking analysis to provide fewer
parking spaces than required, which is permitted by the LDRs under Section 78 -346,
Table 33, Required Off - Street Parking. The parking analysis demonstrates that the
school and church uses function independently, and experience peak demands at
different times, therefore allowing the parking areas on site to be used to satisfy the
requirements of both uses. The school operates with classes occurring during daytime
hours on a Monday through Friday schedule. School events are not regularly held on
the weekends. In contrast, the church sees its highest peak time use on the weekends.
The church office is the only aspect of the church use that operates during the weekday.
The study was conducted using the traffic generations of each respective use. Per the
shared parking analysis provided by the Applicant, the uses on site require 128 parking
spaces during the week (Monday to Friday), and 147 parking spaces on the weekends
(Saturday and Sunday). The Applicant has provided 149 parking spaces on site (see
attached Shared Parking Analysis).
In addition to the parking study, the school also maintains a Traffic Management and
Vehicular Circulation Plan per conditions of approval in Ordinance 32, 2000. The plan
designates all parking /vehicular queuing areas on site for specific traffic purposes. For
example, Area 1 (west parcel parking lot) is a designated parking area for teachers and
staff. Areas 2 and 3 (east parcel parking lots) are for pick -up and drop -off activity. The
school staggers both activities by assigning each student a designated arrival /dismissal
time, which limits queuing and increases efficiency. The plan has been updated to
address the additional impacts from the proposed project (see attached Traffic
Management and Vehicular Circulation Plan).
Since
No signage is being proposed with this petition.
Landscaping/Buffering
The 11 -acre parcel consists of 59 percent open space; 35 percent is required. All of the
proposed landscaping material is consistent with the existing pallet. The site continues
to utilize a previously- approved variance, per Resolution 95, 1994, which permits them
to exceed the 40 percent maximum for sod; however, the deviation is being reduced
with the subject petition (see attached Sheet LP -0).
The Applicant is requesting two (2) waivers with regard to landscaping requirements.
The parking area on the east side of the east parcel is being reconfigured to enhance
the vehicular traffic flow through the site. The proposed parking area does not provide
the required landscape island every nine (9) parking spaces. This condition exists in all
the parking areas on site. Additionally, due to the configuration of the new school
buildings on the east parcel, foundation plantings have not been provided (see Waiver
section).
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 6 of 8
Crime Prevention through Environmental Design ( CPTED)
The proposed improvements have been reviewed by the City's Police Department for
compliance with CPTED principles. Elements of CPTED consideration include
landscaping, concealment, fencing, entry points, way finding, perimeter planning,
unsafe areas, shared spaces, after - hours - operations, and other area - specific concerns.
Many of these principles have been taken into consideration with the St. Mark's site.
For example, landscaping has been minimized throughout the interior walkway spaces
on site. The foundation landscaping between the new buildings has been removed in
certain areas, which minimizes areas of cover and maximizes areas of observation.
Additionally, the Applicant is proposing to install L.E.D. lighting throughout the
improvement areas. This standard of lighting will maximize safety on the site, and allow
for more accurate night vision.
The City's Police Department also reviewed safety concerns related to the crosswalk on
Gardens East Drive that is used by the school to get from the east parcel to the west
parcel and vice versa. The crosswalk is an existing feature on the site, and is located
over 200 feet north of Burns Road. The crosswalk has been utilized by the school for
several years. In the mornings and afternoons, the crosswalk is used strictly by the
teachers and faculty members who park in the western parking lot. Throughout the day,
however, the students are transported between the parcels by bus. The school has
been utilizing the bus concept for numerous years to ensure the safety of the students.
The proposed expansion will not modify these existing procedures.
Phasing
The improvements will be completed in one (1) phase.
Drainage
The St. Mark's campus is bisected by Gardens East Drive creating two (2) separate
stormwater management systems, the west system (west of Gardens East Drive) and
the east system (east of Gardens East Drive). The subject project proposes to modify
both the east and west systems to support the additional facilities. The east campus
system will be modified to direct runoff from the proposed administration building and
chapel to the western control structure (CS -1) for controlled discharge to the off -site
ditch. Two (2) existing classroom buildings will also continue to be served by this
control structure, and two (2) existing buildings which previously drained to CS -1 will be
demolished. The overall area draining to the CS -1 will be reduced from 3.03 acres (pre -
development) to 2.19 acres (post - development) resulting in a net decrease in discharge
rate during the 25 year / 3 -day storm event.
(The remainder of this page left intentionally blank.)
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 7 of 8
Waiver Requests
The Applicant is requesting three (3) waivers with this petition:
1) The Applicant is requesting a waiver from City Code Section 78- 315(b), Landscape
Islands, to exceed the nine (9) parking space requirement. Based on the existing
site conditions and the proposed improvement, staff supports this waiver request.
The proposed site exceeds the required open space by almost 25 percent; therefore,
the lack of landscape islands will not cause the Applicant to be deficient in its open
space requirement. On the contrary, since the Applicant has already exceeded its
open space requirement, adding landscape islands would only further exaggerate
the surplus. Additionally, the reconfiguration of the parking area will greatly enhance
the traffic flow, and increase the amount of queuing space available during drop -
off /pick -up hours. This will further ensure that vehicles do not queue onto any
arterial road. The requested waiver is specifically related to the reconfigured parking
area only, and does not apply to the conditions of the other parking areas on site.
2) The Applicant is requesting a waiver from City Code Section 78- 344(1), Parking Stall
width, to allow nine (9) foot wide parking spaces in the reconfigured parking area.
Based on the additional open space proposed by the Applicant, staff supports this
waiver request. Section 78- 345(1)(2) of the Code requires additional open space to
be provided at a ratio of 1.5 square feet for each additional square foot of paved
parking area when reduced parking space dimensions are proposed. The Applicant
has demonstrated that it meets the criteria, not only for the subject parking area, but
for all of the reduced spaces on site. However, the requested waiver is only for the
reconfigured parking area.
3) The Applicant is requesting a waiver from City Code Section 78 -320, Foundation
Plantings, to not plant the required material at the foundations of the proposed
buildings. The subject request is specifically related to the church addition, chapel,
Code Section
Requirement
Proposal
Waiver
Staff Support
& Discussion
1
78- 315(b)
1 landscape island
Not met (Limited
to proposed
Only in
Approval
every 9 parking spaces
improvements)
limited area
2
78- 344(1)
Parking stall width a
minimum of 10 feet
9 -foot width
1 -foot
Approval
Foundation plantings
Not met (Limited
3
78 -320
for Administration
to proposed
Only in
Approval
building, Auditorium,
improvements)
limited area
and Church
1) The Applicant is requesting a waiver from City Code Section 78- 315(b), Landscape
Islands, to exceed the nine (9) parking space requirement. Based on the existing
site conditions and the proposed improvement, staff supports this waiver request.
The proposed site exceeds the required open space by almost 25 percent; therefore,
the lack of landscape islands will not cause the Applicant to be deficient in its open
space requirement. On the contrary, since the Applicant has already exceeded its
open space requirement, adding landscape islands would only further exaggerate
the surplus. Additionally, the reconfiguration of the parking area will greatly enhance
the traffic flow, and increase the amount of queuing space available during drop -
off /pick -up hours. This will further ensure that vehicles do not queue onto any
arterial road. The requested waiver is specifically related to the reconfigured parking
area only, and does not apply to the conditions of the other parking areas on site.
2) The Applicant is requesting a waiver from City Code Section 78- 344(1), Parking Stall
width, to allow nine (9) foot wide parking spaces in the reconfigured parking area.
Based on the additional open space proposed by the Applicant, staff supports this
waiver request. Section 78- 345(1)(2) of the Code requires additional open space to
be provided at a ratio of 1.5 square feet for each additional square foot of paved
parking area when reduced parking space dimensions are proposed. The Applicant
has demonstrated that it meets the criteria, not only for the subject parking area, but
for all of the reduced spaces on site. However, the requested waiver is only for the
reconfigured parking area.
3) The Applicant is requesting a waiver from City Code Section 78 -320, Foundation
Plantings, to not plant the required material at the foundations of the proposed
buildings. The subject request is specifically related to the church addition, chapel,
Meeting Date: June 3, 2010
Ordinance 10, 2010 and Resolution 22, 2010
Page 8 of 8
administration building, and auditorium. The Applicant has provided the required
foundation planting for the proposed gymnasium. The site configuration and building
locations do not allow for sufficient planting to be installed. Between the buildings
are walkways that provide a means for the students to travel among the various
classrooms. Adding plant material in these areas would decrease the walkable
space, which would not be conducive to the school's operations. In addition,
eliminating plant material in these small areas allows the walkways to remain open
and unobstructed, which is consistent with CPTED principles (see CPTED section).
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC)
On December 2, 2009, the subject petition was reviewed by the DRC committee. To
date, no objections have been received. Since then, staff has been working with the
Applicant to address comments related to the project through the review process.
During this time, the Applicant has held independent meetings with the surrounding
residents to discuss any concerns or issues that may exist. The Applicant held a kick -off
meeting with residents of the surrounding community on October 6, 2009. A follow -up
letter was sent on March 8, 2010, to inform the residents about the approval process.
PLANNING, ZONING, and APPEALS BOARD (PZAB)
On April 13, 2010, the subject petition was reviewed by the PZAB. The board
recommended approval to the City Council with a 7 -0 vote.
CITY COUNCIL
On May 20, 2010, the City Council approved Ordinance 10, 2010 on first reading.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 10, 2010 and Resolution 22, 2010.
LOCATION MAP
St. Mark's Episcopal Church and School
MINI ==
1,
r
y
i
F o C__, m
LL
U
\CL
PP—A
dp-
St. Mark's Episcopal School
School Traffic Management and Vehicle Circulation Summary
INTRODUCTION
St. Mark's Episcopal School has been in operation since 1979. The most recent expansion of the school
facility occurred in 2000 when the maximum school enrollment was increased from 490 students to 570
students. The site also contains a church which seats 380 parishioners, although the church use is not
concurrent with the school use on site. The current proposed site modification includes the addition of
ancillary facilities on site, but the student enrollment will not increase.
CURRENT CONDITIONS OF APPROVAL
The Ordinance previously approving the conditions of approval for the the St. Mark's Episcopal Church
and School was Ordinance 32, 2000. That ordinance included three conditions that specifically related
to vehicular operations at the school site:
6. Prior to issuance of the final certificate of occupancy, "No Parking" signs shall be placed in the
swale area along Gardens East Drive. (Planning & Zoning)
7. The applicant, successors or assigns shall further stagger their drop -off /pick -ups if requested by
the City. (Planning & Zoning)
8. The applicant, successors or assigns shall provide, at their expense, police officers to direct traffic
circulation on and immediately off -site, during the hours students are dropped -off and picked up
from school. This condition may be temporarily suspended by the City Council in its discretion,
and without necessitating an amendment of this development order, if the Council determines
that this requirement is not warranted. (Planning & Zoning)
"No Parking" signs were installed in the swale along Gardens East Drive and the school has staggered
drop -off and pick -up activity; therefore complying with conditions 6 and 7. Because of the staggered
pick -up and drop -off activity and implementation of the traffic management plan on site, the school has
not needed to provide off -duty police officers at the site. However, the school is not seeking the
deletion of this condition and, would retain off -duty police officers to direct traffic, should conditions
warrant this measure.
OPERATIONAL. PLAN CITY PAM p i
O ^
The site includes three parking /vehicular queuing areas: PAM
1. Robb Field parking lot, west of Gardens East Boulevard (parking only) ='
2. Parking field on west side of main campus (parking and pick -up /drop -off) ���
3. Parking field on east side of main campus (parking and pick -up /drop -off) .� 8c
Figure 1 attached highlights the three parking/vehicular queuing areas listed above.
Area 1(Robb Field parking lot) is used for parking for teachers and staff which serves to reduce the
overall number of parked vehicles around the buildings on the main campus.
In Areas 2 and 3, a series of guidelines have been established for pick -up and drop -off activity. The
school utilizes a numbering system and assigns numbers to parent vehicles that pick up and drop off
January 2010 KHA# 144223001
St. Mark's Episcopal School — School Traffic Management and Vehicle Circulation Summary (cont'd)
students. Based upon the number assigned, parents are assigned to one of several defined time
windows during the arrival and dismissal periods. This serves to stagger the arrival and dismissal
demand and results in a reduced number of vehicles on site at any given time during arrival and
dismissal operations. Additionally, to help the on site vehicular operations during this time to occur
efficiently, teachers and staff members at the school are posted in Areas 2 and 3 on site (east and west
pick -up /drop -off areas adjacent to the main school campus) to help provide guidance for parent and
visitor vehicles.
The school may modify specific aspects of the operations from time to time as needed in an effort to
maximize on -site efficiency and balance student arrival and departure times. Furthermore, prior to the
start of the school year, the school sends out information and specific vehicular operational
plans /instructions to provide detailed guidelines and information to parents and visitors. This material
is part of the annual parent /student /new teacher orientation and allows families to familiarize
themselves with the required procedures before classes begin for the year.
DESIGN CONSIDERATIONS
The site has two pick -up /drop -off areas along with a separate parking area, which is beneficial in helping
to distribute the demand and use on site as opposed to having all operations concentrated in one area.
On the west side of the school, vehicles enter the site through a one -way inbound driveway at the south
end of the site. This side of the building has a covered drop -off area approximately 120 feet in length,
which can accommodate pick -up and drop -off for approximately 6 vehicles. Queuing storage is also
provided for vehicles prior to the actual pick -up /drop off area in order to stage vehicles within the site in
order to avoid impeding traffic on Gardens East Boulevard. Within the drop- off /pick -up area, the
pavement allows for vehicle "bypass ", which enhances efficiency by allowing vehicles to proceed,
without interfering with the pedestrian flow, once they have completed pick -up of a student even if the
vehicle in front has not yet picked up a student. Vehicles then proceed to the right -out driveway on
Gardens East Drive. The separation of inbound and outbound movements helps reduce vehicular
conflict and therefore enhances the effectiveness of on -site operations. The layout of the west side is
not proposed to change substantially from its current configuration.
On the east side of the site, the vehicular pick -up /drop -off loop is proposed to be modified from its
current configuration. Vehicles enter this area via the two -way driveway on Burns Road and are stacked
in tandem in a queuing area prior to the pick -up /drop -off area. The covered pick -up /drop -off area is
approximately 120 feet in length, which can accommodate pick -up and drop -off for approximately 6
vehicles. The width of pavement in the pick -up /drop -off circle allows for vehicle "bypass ", which
enhances efficiency by allowing vehicles to proceed, without interfering with the pedestrian flow, once
they have completed pick -up of a student even if the vehicle in front has not yet picked up a student.
Vehicles then proceed to exit the site via the two -way driveway on Burns Road.
Because the two pick -up drop -off loops are accessed from different roadways, the traffic is better able
to disperse on the surrounding roadway network as there is less interaction between the site driveways
than if they were located along the same roadway.
January 2010 KHA# 144223001
St. Mark's Episcopal School — School Traffic Management and Vehicle Circulation Summary (cont'd)
MONITORING
As noted in the discussion, the operational plan is updated regularly. Faculty and staff from St. Mark's
are stationed throughout the site to facilitate with the pick -up and drop -off activity for students on site.
They are also able to react to any circumstances that might result in vehicular back -ups on site on any
given day and make modifications, if needed, to address any specific situations that arise. The faculty
and staff are aware of the need to prevent vehicle queues on site from spilling onto Gardens East Drive
and /or Burns Road and can react to conditions on site to direct vehicles in order to prevent that from
occurring. Additionally, parents and students are educated and active in the implementation of the
system. Lastly, pursuant to development order condition #8, the school would retain off -duty police
officers to direct traffic, should conditions warrant this measure.
January 2010 KHA# 144223001
JEsu
IJ
Oil
-- 1
i
z
Ji;
C:)
C)
Y can
vii
7C3
LU
0
L C)
0
CL
CL
0
C -0
eo m C
m to
0.
m
.0
0.
.0
0
f9 f0 ID
W z
_j
Q_ 0
0 0
U
V) u
0- Ln
LU -0
lo b, &I I
cu
u
C:)
C)
Y can
vii
7C3
LU
0
L C)
0
CL
CL
0
C -0
eo m C
m to
0.
m
.0
0.
.0
0
f9 f0 ID
W z
_j
Q_ 0
0 0
U
V) u
0- Ln
LU -0
cu
u
ORDINANCE 10, 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION
OF ST. MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED
AT THE CORNER OF GARDENS EAST DRIVE AND BURNS ROAD
AND HAVING A STREET ADDRESS OF 3395 BURNS ROAD;
AMENDING ORDINANCE 24, 1999 AND ORDINANCE 32, 2000,
WHICH APPROVED AND AMENDED, RESPECTIVELY, THE ST.
MARK'S EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO
TRANSFER AND AMEND THE SITE PLAN APPROVAL AND
RELATED CONDITIONS OF APPROVAL TO A SEPARATE
RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE
SITE PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY
BE MADE BY RESOLUTION OF THE CITY COUNCIL; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, in September 1991, the City Council adopted Resolution 101, 1991,
approving the use of a columbarium as an accessory use to the church; and
WHEREAS, in March 1992, the City Council adopted Resolution 21, 1992,
amending the site plan of the church to allow a pavilion to be built; and
WHEREAS, in March 1993, the City Council adopted Resolution 27, 1993,
approving a conceptual master site plan of St. Mark's Episcopal Church and School;
and
WHEREAS, in July 1993, the City Council adopted Resolution 71, 1993,
approving a temporary conditional use of a trailer as a classroom; and
WHEREAS, in July 1994, the City Council adopted Resolution 95, 1994,
approving six (6) variances to landscape requirements; and
WHEREAS, in September 1994, the City Council adopted Resolution 119, 1994,
approving an amendment to the St. Mark's conditional use to permit a 13,775- square-
foot classroom /media center building; and
WHEREAS, in June 1999, the City Council adopted Ordinance 24, 1999,
approving the rezoning of the western 6.1 -acre parcel to Planned Unit Development
(PUD); and
Page 1 of 4
Ordinance 10, 2010
1 WHEREAS, in January 2000, the City Council adopted Ordinance 32, 2000,
2 approving the rezoning of the eastern 4.87 -acre parcel to Planned Unit Development
3 (PUD), the construction of a 14,000- square -foot school building, and a 945 - square -foot
4 church addition; and
5
6 WHEREAS, the City has received a request (PUDA- 09 -11- 000023) from St.
7 Mark's Episcopal Church and School for approval of an amendment to the previous
8 approvals in order to allow an overall addition of 44,593 square feet to the existing
9 church and school facilities; and
10
11 WHEREAS, the Growth Management Department has reviewed the application
12 and has determined that it is more appropriate that the concurrent master site plan
13 approval and the conditions related thereto be approved via a separate Resolution of
14 the City Council (Resolution 22, 2010); and
15
16 WHEREAS, on April 13, 2010, the City's Planning, Zoning, and Appeals Board
17 reviewed the application and recommended that it be approved subject to the conditions
18 stated herein with a vote of 7 -0; and
19
20 WHEREAS, the City Council, as the governing body of the City of Palm Beach
21 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
22 Statutes, and the City's Land Development Regulations, is authorized and empowered
23 to consider petitions related to zoning and land development orders; and
24
25 WHEREAS, the City Council has considered the evidence and testimony
26 presented by the Applicant and other interested parties and the recommendations of the
27 various City of Palm Beach Gardens review agencies and staff; and
28
29 WHEREAS, the City Council deems approval of this Ordinance to be in the best
30 interests of the health, safety, and welfare of the residents and citizens of the City of
31 Palm Beach Gardens and the public at large.
32
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
35 OF PALM BEACH GARDENS, FLORIDA that:
36
37 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
38
39 LEGAL DESCRIPTION:
40
41 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 7,
42 TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM
43 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 90, PAGES 92 AND 93 OF
44 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
45
46 CONTAINING 10.97 ACRES, MORE OR LESS.
Page 2 of 4
Ordinance 10, 2010
SECTION 2. Any and all future amendments to the St. Mark's PUD development
plans, Conditional Use, and conditions of approval shall be approved by Resolution,
except as otherwise provided in the Palm Beach Gardens Code of Ordinances.
SECTION 3. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
SECTION 5. Specific authority is hereby granted to codify this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Ordinance 10. 2010
PASSED this jk day of Mll'l , 2010, upon first reading.
PASSED AND ADOPTED this day of
and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MN
R. Max Lohman, City Attorney
, 2010, upon second
FOR AGAINST ABSENT
G : \attorney_share \ORDINANCES\2010 \Ordinance 10 2010 - St Mark's PUD.doc
Page 4 of 4
Resolution 22, 2010
RESOLUTION 22, 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S
EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT
DEVELOPMENT (PUD) AND SITE PLAN IN ORDER TO ALLOW A
44,593- SQUARE -FOOT EXPANSION TO THE EXISTING
FACILITIES, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, in September 1991, the City Council adopted Resolution 101, 1991,
approving the use of a columbarium as an accessory use to the church; and
WHEREAS, in March 1992, the City Council adopted Resolution 21, 1992,
amending the site plan of the church to allow a pavilion to be built; and
WHEREAS, in March 1993, the City Council adopted Resolution 27, 1993,
approving a conceptual master site plan of St. Mark's Episcopal Church and School;
and
WHEREAS, in July 1993, the City Council adopted Resolution 71, 1993,
approving a temporary conditional use of a trailer as a classroom; and
WHEREAS, in July 1994, the City Council adopted Resolution 95, 1994,
approving six (6) variances to landscape requirements; and
WHEREAS, in September 1994, the City Council adopted Resolution 119, 1994,
approving an amendment to the St. Mark's conditional use to permit a 13,775- square-
foot classroom /media center building; and
WHEREAS, in June 1999, the City Council adopted Ordinance 24, 1999,
approving the rezoning of the western 6.1 -acre parcel to Planned Unit Development
(PUD); and
WHEREAS, in January 2000, the City Council adopted Ordinance 32, 2000,
approving the rezoning of the eastern 4.87 -acre parcel to Planned Unit Development
(PUD), the construction of a 14,000- square -foot school building, and a 945 - square -foot
church addition; and
WHEREAS, the City has received a request (PUDA- 09 -11- 000023) from St.
Mark's Episcopal Church and School for approval of an amendment to the previous
approval to allow an overall addition of 44,593 square feet to the existing church and
school facilities, and
Page 1 of 7
Resolution 22, 2010
1 WHEREAS, the subject parcel has Residential Medium (RM) and Residential
2 Low (RL -3) zoning designations and corresponding Future Land Use designations of
3 RM and RL; and
4
5 WHEREAS, the Growth Management Department has reviewed the application,
6 has determined that it is sufficient, and has recommended approval; and
7
8 WHEREAS, on April 13, 2010, the City's Planning, Zoning, and Appeals Board
9 reviewed the application and recommended, with a vote of 7 -0, that it be approved
10 subject to the conditions stated herein; and
11
12 WHEREAS, the City Council has considered the evidence and testimony
13 presented by the Applicant and other interested parties and the recommendations of
14 the various City of Palm Beach Gardens review agencies and staff; and
15
16 WHEREAS, the City Council deems approval of this Resolution to be in the best
17 interests of the health, safety, and welfare of the residents and citizens of the City of
18 Palm Beach Gardens and the public at large.
19
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
22 OF PALM BEACH GARDENS, FLORIDA that:
23
24 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
25
26 SECTION 2. The request by St. Mark's Episcopal Church and School for
27 approval of an amendment to the St. Mark's PUD and Site Plan is hereby APPROVED,
28 subject to the conditions of approval contained herein, which are in addition to the
29 general requirements otherwise provided by resolution, on the following described real
30 property:
31
32 LEGAL DESCRIPTION:
33
34 A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 7,
35 TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM
36 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 90, PAGES 92 AND 93 OF
37 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
38
39 CONTAINING 10.97 ACRES, MORE OR LESS.
40
41 SECTION 3. This approval is subject to the following conditions, which shall be
42 the responsibility of the Applicant, its successors, or assigns:
43
44
45
46
47
Page 2 of 7
Resolution 22, 2010
1. Prior to the issuance of the infrastructure permit, the Applicant shall submit
signed /sealed /dated construction plans (paving /grading /drainage and
water /sewer) and all pertinent calculations for review and approval.
(Director of Engineering)
2. Prior to the issuance of the infrastructure permit, the Applicant shall provide
a signed and sealed photometric plan and submit a site lighting permit
application. (Director of Engineering)
3. The Applicant shall provide a signed and sealed pavement marking and
signage plan, or provide the same on the engineering plans; said plans
must be reviewed and approved by the Director of Engineering prior to the
issuance of the infrastructure permit. (Director of Engineering)
4. Prior to the issuance of the infrastructure permit, the Applicant shall provide
to the City letters of authorization from the applicable utility companies
allowing landscaping and light poles to be placed within the utility
easements. (Director of Engineering)
5. The Applicant shall provide copies of all permits, permit applications, and
Requests for Additional Information (RAI's) to and from regulatory agencies
regarding issues on all permit applications, certifications, and approvals to
the Director of Engineering. (Director of Engineering)
6. Prior to the commencement of construction, the Applicant shall provide all
necessary construction zone signage and fencing as required by the
Director of Engineering. (Director of Engineering)
7. Prior to construction plan approval or the issuance of the clearing permit,
whichever occurs first, the Applicant shall provide a cost estimate and
surety in accordance with the LDR Sections 78 -309 and 78 -461, and a cost
estimate for on -site project improvements, not including public infrastructure
(please see the definition of public infrastructure within the City code
Section 78- 461(d) of the LDR) and landscaping and irrigation cost
estimates for review and approval by the City. The cost estimates shall be
signed and sealed by a registered engineer in the State of Florida. The
landscaping and irrigation cost estimates may be signed and sealed by a
landscape architect licensed in the State of Florida in lieu of a registered
engineer. (Director of Engineering)
8. Prior to the commencement of construction, the Applicant shall schedule a
pre- construction meeting with City staff. Inspections related to the
infrastructure permit will not be performed until the pre- construction meeting
has occurred. In addition, failure to comply with this condition could result
in a Stop Work Order of all work /construction activity for the subject
development site. (Director of Engineering)
Page 3of7
Resolution 22, 2010
9. The construction, operation, and /or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant's
responsibility to resolve said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. The City
may cease issuing building permits and /or Certificates of Occupancy until
all drainage concerns are resolved. (Director of Engineering)
10. Prior to the issuance of the Certificate of Completion for the infrastructure
permit, the Applicant shall provide copies of the required FDOT testings for
City review and approval. (Director of Engineering)
11. The Applicant shall comply with all Federal Environmental Protection
Agency and State of Florida Department of Environmental Protection permit
requirements for construction activities. (Director of Engineering)
12. The Applicant shall notify the City's Public Works Division at least ten (10)
working days prior to the commencement of any work /construction activity
within any public right -of -way within the City of Palm Beach Gardens. In the
case of a City right -of -way, the Applicant has at least five (5) working days
to obtain a right -of -way permit. Right -of -way permits may be obtained at
the Building Division. Failure to comply with this condition could result in a
Stop Work Order of all work/construction activity within the public right -of-
way and the subject development site. (Public Works)
13. The Applicant, successors, and assigns shall be responsible for landscape
and irrigation maintenance for the road shoulder and their fair share of the
median adjacent to the site along Burns Road from the eastern boundary of
the PUD to the western boundary of the PUD, and adjacent to Gardens
East Drive from the northern PUD boundary to the southern PUD boundary.
(City Forester)
14. Prior to the first Certificate of Occupancy for any building approved with the
subject petition, the Applicant shall install the irrigation in the Burns Road
median adjacent to the property, located to the west of Gardens East Drive,
as noted on the approved plan to the satisfaction of the City Forester or
designee. (City Forester)
15. Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. The security management plan shall be maintained
throughout the construction phase of the project. Noncompliance with the
approved security and management plan may result in a Stop Work Order
for the PUD. (Police Department)
Page 4 of 7
Resolution 22, 2010
16. The uses of this site shall be limited to 21,496 square feet of Church and
570 Students (PreK -8). The Applicant, it successors or assigns shall have
to submit to the City (each August) a letter certifying the number of students
enrolled for that particular school year. (Planning & Zoning, Traffic
Consultant)
17. Prior to the issuance of a building permit, the Applicant shall schedule a
pre - permit meeting with the City's Development Compliance Division.
(Development Compliance)
18. All on -site lighting shall be cast downward and shielded from adjacent
properties. (Planning & Zoning)
19, Prior to the issuance of the Certificate of Occupancy for each building, all
existing and proposed roof -top and ground - mounted mechanical equipment
shall be screened from view. (Planning & Zoning)
20. The maximum number of seats permitted within the church shall remain at
380. In no way shall the number of permitted seats be exceeded due to the
placement of additional seats (temporary or permanent) within the chapel.
(Planning & Zoning)
21. In no way shall the additional square footage on the site be used to
increase the overall permitted number of students or church seats.
Broadcasts to any other location outside the sanctuary intended to serve
more than the 380 permitted seats in the church is prohibited. This
condition shall not be construed to prohibit the broadcast or webcast of
such services to other remote locations or to individual personal computers
or electronic devices. (Planning & Zoning)
22. Prior to the issuance of the first building permit, the Applicant shall comply
with Section 78 -261, Art in Public Places. (Planning & Zoning)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following three (3) waivers:
1. Section 78- 315(b), Landscape islands, to allow more than nine (9) parking
spaces in a row without a landscape island within the eastern most parking
area only.
2. Section 78- 344(1), Parking stall width, to allow nine (9) foot wide parking
stalls within the eastern most parking area only.
3. Section 78 -320, Foundation plantings, to not require foundation plantings
around the proposed expansion areas on the east parcel.
Page 5 of 7
Resolution 22, 2010
1 SECTION 5. This petition is approved subject to strict compliance with the
2 Exhibits attached hereto and made a part hereof as follows:
3
4 1. Site Plan, Sheet SP -1, prepared by STH Architectural Group, dated April 20,
5 2010.
6
7 2. Site Plan, Sheet SP -2, prepared by STH Architectural Group, dated January
8 20, 2010.
9
10 3. Landscape Plan, Sheets LP -0 through LP -5, prepared by Gentile, Holloway,
11 O'Mahoney & Associates, Inc., dated April 18, 2010.
12
13 4. Architectural Plans, Sheets A1.22, A1.31, A1.32, A2.22, A2.31, A2.32, A3.12
14 A3.31, A4.22, A4.31, A5.12, A5.31, and A5.32, prepared by STH
15 Architectural Group, dated November 3, 2009.
16
17 5. Photometric Plan, Sheet E0.32, prepared by STH Architectural Group, dated
18 April 13, 2010.
19
20 6. Shared Parking Evaluation, pages 1 through 3 with attachments, prepared by
21 Kimley -Horn and Associates, Inc., dated March 15, 2010.
22
23 7. Sunday Trip Generation Calculation, page 1 with attachment, prepared by
24 Kimley -Horn and Associates, Inc., dated January 27, 2010.
25
26 SECTION 6. All previous approvals, conditions of approval, and waivers
27 applicable to this PUD shall remain in full force and effect except as modified
28 hereinabove.
29
30 SECTION 7. This Resolution shall become effective immediately upon adoption.
31
32
33
34 (The remainder of this page intentionally left blank)
35
36
37
38
39
40
41
42
43
44
45
46
47
Page 6 of 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND ADOPTED this
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
Resolution 22, 2010
day of 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
In
David J. Levy, Mayor
AYE NAY ABSENT
G:\ attorney_ share \RESOLUTIONS\2010 \Resolution 22, 2010 - St Mark's PUD.doc
Page 7 of 7
4K
Resolution 22, 2010
EXHIBITS
11N, R 15
7L-
-z3
LA
-Aw
15!
JO
pp
p.
T-T
11P
10,0142-01
------ ---------- I
-------- ----
------ ....
--------- ----
- - - ---------- VIA IF
PT
yu
---- --- ------
t52,
TE3
--- --------- - ------ r
----- --- -----
-j
- ---- -------- ----- T
-------------- ��
-- -------- - -----
- - ----------
-- --- ---- ------------
-----------
----- ------- - --------
--- ..... .....
--- ---- ---
------- ---------
HIM
-------
✓ - ---
T -------- T
I
----------
LI
I NA
------ ---------- I
-------- ----
------ ....
--------- ----
- - - ---------- VIA IF
PT
yu
---- --- ------
t52,
TE3
--- --------- - ------ r
----- --- -----
-j
- ---- -------- ----- T
-------------- ��
-- -------- - -----
- - ----------
-- --- ---- ------------
-----------
----- ------- - --------
--- ..... .....
--- ---- ---
------- ---------
HIM
-------
✓ - ---
T -------- T
I
----------
LI
gz
------ ---------- I
-------- ----
------ ....
--------- ----
- - - ---------- VIA IF
PT
yu
---- --- ------
t52,
TE3
--- --------- - ------ r
----- --- -----
-j
- ---- -------- ----- T
-------------- ��
-- -------- - -----
- - ----------
-- --- ---- ------------
-----------
----- ------- - --------
--- ..... .....
--- ---- ---
------- ---------
I
r
�oz�
33@@ 'E
dJ��?,
�f
�E
6�
i�
4
c
�n
�g
7c
$ z
W
Im
O
V{
C�
t
{p�
YY
4.i.7
v
aka �I"
Fo �y�y
I
r
�oz�
33@@ 'E
dJ��?,
�f
�E
6�
i�
4
c
�n
�g
7c
$ z
W
Im
O
V{
C�
t
{p�
YY
4.i.7
aka �I"
Fo �y�y
�gm
�SF y E
B
�3
a
0
a�
'o
N
d
H
OIKE 13 '—Peo 43MG WlEd
Pe'M SZO "i"
s pup qDjnqD
d3 s,jju-tN is Pdo:)s I
�,.Ed
1,10
N
HM
Qj
-a
u
V)
Al
-JIVON, MH I ". 7 ! ! I
I H
'RP
------------ --------------
�,' / m
o
+ <
3 1�i1 ��
---------------
-------- 7n -
,
LJ
----- --------------
P
u I
P
Burns
_;aEC-M Burns Road —
OL4££ 1A'suap,e!D gDeag weed
peob sung Stiff
looy:)S pup � Djngj
ledo:)sid3 s,laeW -IS g $
I
--------------
888 �
- — — __
v a ,
,)urns Road
c
a
A
e
�a
v
Cggpp _= OO552epv Fp S ELL
Z ¢L
Cx hex ���CE1s5 p9
W ddd5 C9 iAi 7�Ou'1�'� ��
� i o
H v eye
ulo.Az,$
3
l�
OL4££ 1A'suap,e!D gDeag weed
peob sung Stiff
looy:)S pup � Djngj
ledo:)sid3 s,laeW -IS g $
I
--------------
888 �
- — — __
v a ,
,)urns Road
c
a
A
e
�a
v
Cggpp _= OO552epv Fp S ELL
Z ¢L
Cx hex ���CE1s5 p9
W ddd5 C9 iAi 7�Ou'1�'� ��
� i o
H v eye
OLKE li 'S
UBPJPD ienag W12d
PM1"g WE
loou:S r LL y)j n
judoDsid3 s,lieW -IS
F T EE
UE
3 A.2
1 -6 fb
Pi
- - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - -
O�T E
+
- ------- - -------
L
HA
<
In 1 i IV
Ul)
Z
to
r
of
a.
it
x -i
gg
51-
Q.
rmMO"
To b:, 6
M
Ht;ial
OLKE li 'S
UBPJPD ienag W12d
PM1"g WE
loou:S r LL y)j n
judoDsid3 s,lieW -IS
F T EE
UE
3 A.2
1 -6 fb
Pi
- - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - -
O�T E
+
- ------- - -------
L
HA
<
In 1 i IV
Ul)
Z
to
r
of
a.
it
x -i
gg
51-
Q.
Ol4E£ Id 'suaprep yneag weed O °J iYi
peob --fl 56££ o
looy�s puie gDjny� a
�jo IedoDsid3 s,jjeVN -IS
Uxb :, 8 5a$� 1
o !
OMPI 5� ¢� gpw��_ia �; ?�� 5��! 8 •��t �Q ° ���
ui
tl`�$ r� uoll-
T1 �# a��
� I� p S3B8d B �B p
����$ a � 5%4 1 89 `� �O��2a M
AN
g` 14 lh
$_—
o
ff °�� ��� .6d3 tl tl� 3 ad Ada 6"
n �. @R� g °� °° a All
Z a all a @� g
la tl$ d^ �$ g #e 12
$ °tl °! � 05 RUN,,
a C t� gk d p yg�� a
Q ml §$ 1111y.
a� 24tl y 11 k� k3� o 4 a�ad' �f �$y tl 5� l L a333a € mgy 75 8
U �� tl $< a, o � &` 8 G
a lr %;N R �
k�3a gaffa�tl
HOH
E,3
N
J
�6� �!
I'MI, �� €ON A 01 eeeeeeeeeeeeeeeee�eeeeeeeee �eee a GGe��
11411 INN- all 15
!$ NdS od &a "3o "�84e o "� °89°8;° 6 1
71:74 7.772 27:2727 2277 70544 k7 B.622zS 0.:O1aaa2s05 ss04a5m ¢
&[:+g
Sluii D >s02 i :a:heiB't7x
M. '=[e`o57= C'LGCpaCH-1 oaota,`+.44 C €oa a#A d>aiiy; 5 a " & "57e e ft 1
Cf EtCfCC :x¢c ii 4�
Bg pp D 2.4 9
° 05�� Rk����• £�a3
4 ih '111:411 Hal � t3es3 i � WIN.
im
HER! x5 r
1 qne pEFpE i
H 5ey� ap g� $g Sppxp E � P% G 1 papi3gg G 3`13`�9912 !110 1 d 3xt, ° 73 2d
adx 9z�a� §�44 E 3 1£� 9if� ��EP2S e
@gEgIS¢. glglf ¢ :¢¢¢P eYxa3AiASQe ¢ -p iw7 p
}.9xv.59'ws.¢e¢aa.- e9s¢.aa.°
4 @G41...� §,....l,,...,.
swag a5 €= €`set89 €1.911 € €[......a. €....
9 @>. I� 61.ti �s= a s
IL
p
Ex
E g4 41
. . . .. . . MH
8888988 888888mgm! ag
Im
8 jl q ,,�
4 --------------
---------------
0
- - - - - - - - - - - -
- 7
It oil
1t I p
-- -- ------ ------
------------
if In
----- -- ------ 1-1--
- ---------------
El'
41,
rV
0
(V
Jl
CJ
Bums Road - - - -- - -t
Burns Road
- — - - — - - — - -
I AMA 1,
0 LVEE 1d 'S-ap-) weed PP 'd
hit,
M-fliffl,
100�:)S PUe qoDjnqD
1,20
E
jedo:)sidj s,jjeVN -iS
Y
—ANN ....
ago
,zy
p
Ex
E g4 41
. . . .. . . MH
8888988 888888mgm! ag
Im
8 jl q ,,�
4 --------------
---------------
0
- - - - - - - - - - - -
- 7
It oil
1t I p
-- -- ------ ------
------------
if In
----- -- ------ 1-1--
- ---------------
El'
41,
rV
0
(V
Jl
CJ
Bums Road - - - -- - -t
Burns Road
- — - - — - - — - -
I AMA 1,
hit,
M-fliffl,
1,20
Y
—ANN ....
ago
,zy
I lit
4
U HE
#
p
Ex
E g4 41
. . . .. . . MH
8888988 888888mgm! ag
Im
8 jl q ,,�
4 --------------
---------------
0
- - - - - - - - - - - -
- 7
It oil
1t I p
-- -- ------ ------
------------
if In
----- -- ------ 1-1--
- ---------------
El'
41,
rV
0
(V
Jl
CJ
Bums Road - - - -- - -t
Burns Road
- — - - — - - — - -
0 LKE IA 'SuapieD 43208 UJIUd
ooy PRO, suing S6E
jn4
S pup
T) D
ledo:)sid3 liew
An Afl
0,
Ln
c
v
V,
Cl-
V)
LL:
vz
LL:
4.
N
Lq
Llm
V
r;i
<
C N b LL:
2
g� C,�
0
n
qj
OT
LL
rT
ry
V)
CL.
2 ul
22
< v
vi
C ol
ru
L6
<
cc
1
Vii
.0
1' U
v
` O X
CL R
L
---- ------- -------------------- -----------------------------
- — -- — -- — -- — -- — - - --
13 Will 1
III ll�
Mil
If
NIT
111 1 4 e!..... 11f
Nil "IT1111110
If MIN
J s
11ill
l Ol a ill 111 11
I
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
I
I
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
❑ � � Kimley -Horn
and Associates, Inc.
January 27, 2010
Revised March 15, 2010
Mr. Jim Guerriero
STH Architectural Group
1400 Centrepark Boulevard, Suite 500
West Palm Beach, FL 33401 x
Re: St. Mark's Episcopal Church and School
Shared Parking Evaluation
KHA # 144223001
Dear Mr. Guerriero:
As discussed, Kimley -Horn and Associates, Inc. has reviewed the anticipated parking
demand and supply to be provided with the redevelopment of the St. Mark's
Episcopal Church and School, located on the north side of Burns Road east and west
of Gardens East Boulevard in Palm Beach Gardens, Florida. Upon redevelopment,
the site is proposed to include the following:
■ Church: 380 seat worship area plus 4,839 square feet of office area
■ School: 570 students, 39 classrooms, ancillary facilities plus 3,165 square
feet of office area
The school and church uses function independently and experience peak demands at
different times, with peak demand for the school occurring on weekdays and peak
demand for the church occurring on weekends. Table 1 provides a calculation of the
code parking requirements for the two site components (church and school) based
upon the provisions of Section 78 -345 of the City of Palm Beach Gardens' Code of
Ordinances.
Shared Parking
According to Urban Land Institute's (ULI) Shared Parking, Second Edition, the peak
parking demand for different land uses within a mixed use development may occur
during different times of the day and/or different times of the week. This allows for
shared usage of parking supply provided. Additionally, Section 78 -346 of the City of
Palm Beach Gardens' Code of Ordinances provides for shared parking in instances in
which two or more uses "possess complementary, rather than competing, peak hours
of usage." Therefore, an evaluation has been undertaken in accordance with Section
78 -346 of the City's Code.
As documented, the site includes church and school components. The school
operates with classes held during daytime hours on a standard Monday through
Friday schedule. The school does not hold regular events on weekends. For th
■
TEL 561 845 0665
FAX 561 863 8175
4431 Embarcadero Drive
West Palm Beach, Florida
33407
9� "- �� ,V
G
P PAM �c61�1�
Kimley -Horn
and Associates, Inc.
Mr. Jim Guerriero, Revised March 15, 2010, Page 2
church use, the church office is staffed and operational during daytime hours on
weekdays. On weekends, the church holds worship services on Sundays, during
which time the church office is also open.
A summary of the site parking demand is presented in Table 2 based upon the
general time periods of evaluation set forth in section 78 -346 the City Code. Because
separate categories for church and school uses are not provided in Table 34 (Shared
Parking Calculations) in the City Code yet the two uses have distinct differences in
the days of operation, the specific times and days of operation for these uses have
been taken into account in this evaluation. As shown in Table 2, the peak parking
requirements for the site during the two distinct peak periods are as follows:
• Weekday: 128 parking spaces
• Weekend: 147 parking spaces
The total supply provided on site is 149 parking spaces; therefore, the supply
provided will be adequate to accommodate the peak site requirements.
On occasion, accessory civic /community activities will occur that utilize church and
school facilities on site. Examples of these activities include weddings at the church
facility and meetings /activities at the school facilities including Boy Scout meetings,
school plays, etc. These activities will typically have less than the maximum demand
generated by either the school or church use and will typically occur on weekday
evenings or weekend day /evenings at times that do not coincide with the usage of
other facilities on site. As shown in Table 2, the assumed parking demand is zero
vehicles during the "typical" weekday evening and weekend evening conditions
when these accessory activities would occur. Therefore, the parking supply provided
on site will be sufficient to accommodate the parking demand generated by these
accessory activities that do not coincide with peak school and church demands.
It is also noted that a portion of the school requirement during arrival and dismissal
periods is to provide vehicle spaces to accommodate pick -up and drop -off of
students. A shown in Table 2, the parking spaces provided within the parking lot can
accommodate all school - related demand, including pick -up and drop -off demand.
Additionally, covered pick -up and drop -off spaces for the unloading and loading of
students are provided within the east and west parking lots adjacent to the school
campus in order to allow a portion of the pick -up and drop -off activity to occur
without vehicles parking in parking spaces on site. These areas combined provide
approximately 250 feet of storage and can therefore simultaneously accommodate
pick -up and drop -off activity for 12 vehicles at a time while additional vehicles can
be staged within the site in queuing areas leading up to the covered pick -up /drop -off
areas. It is important to note that the school operates with a staggered arrival and
dismissal schedule, which reduces the number of spaces needed at any given time for
pick -up and drop -off activity.
Kimley -Horn
and Associates, Inc.
Mr. Jim Guerrero, Revised March 15, 2010, Page 3
Summary
The St. Mark's Episcopal Church and School site includes two primary uses, a
church and a school, that have non - concurrent peak parking demand characteristics.
Therefore, an evaluation was undertaken to determine the anticipated peak parking
requirements for the site. Based on the foregoing, the peak parking requirement of
147 parking spaces is anticipated to coincide with Sunday church services. The
supply provided on site is 149 parking spaces. Additionally, the site provides
covered drop -off and pick up areas which cumulatively can accommodate up to 12
vehicles simultaneously (with additional area available for vehicle queuing prior to
the loading/unloading areas) in addition to the parking spaces provided on site.
Therefore, the parking supply provided meets the site requirements.
Should you have questions or comments regarding this analysis, please contact me at
561- 845 -0665.
Sincerely,
KIMLEY -HORN AND ASSOCIATES, INC.
C1lrist her W. Fleggen, P.E.
Transportation Engineer
311 T- ho
A achm is
Florida Registration
Number 58636
Engineering Business
Number 696
K : \WPB_TPTO \1442\23001\Parking \Sh Park 031510.doc
U
C
r
C ctY
0
O 0 Q
a
d Q a
c
Y c _
a
o
r
rn
0
U
a
C,
0
crv
v
ru
X
O
r,
N
N
O
00
C
Y
a
m
c
Y
(0
O_
•/1
O
0
M
N
N
V
C,
LnN H
O G
~ ~I
O m
N 4.
3
M Y
C) G
C
d
C6 O
C � O
2 � �
ya o
RE
❑ o
,1
a
u°
A
�4
N
E
H
x
0
n
N
N
m
a
m
c
i
N
N
ti
o F.
H �
N m
L a
Ln 3
�+1 Y
L
00
C
0 0
0 0 0
0
0
a
Z
w
Y
W
LU
3g
0
v
Q
a°
o
C) (D
a°
pj
0 0
0 0 0
a+
L
00
C
0 0
0 C 0
J
cCO.
G
O
a
O
°
900000
-e-
u
9
z
�^
O
Z a
a
a
�
=
Ix
a
}
M
O N
U1 H
N
=
z
C) v
�
m
V
Y
Y +0„
w
W
3
~
OV
R
°o
�000�
Ln
Qi
0o0
og
a
LL
W
Q
of
wC.;;
�
C
C
G
~
Q
V)
0
to
0000C,
O
L
OO
C
0 0
0 0 0
m 10
y
r O
n 01 m
7
Q
N N
N
Ln m N
a v
u
C O
G1
Y
N
C
0 0
N O
a m
CL
N N
N V {n
O Ol
O - Ol
0
00
m ao
Ln o0
V
N
sf
C!
i
0
C) G
C
d
C6 O
C � O
2 � �
ya o
RE
❑ o
,1
a
u°
A
�4
N
E
H
x
0
n
N
N
m
a
m
c
i
N
N
ti
o F.
H �
N m
L a
Ln 3
�+1 Y
r
Kimley -Horn
and Associates, Inc.
January 27, 2010
Mr. Jim Guerriero
STH Architectural Group
1400 Centrepark Boulevard, Suite 500
West Palm Beach, FL 33401
Re: St. Mark's Episcopal Church and School
Sunday Trip Generation Calculation
KHA # 144223001
Dear Mr. Guerriero:
In addition to the traffic impact evaluation that was previously prepared for the
above - referenced site, Kimley -Horn and Associates, Inc. has prepared a supplemental
calculation of Sunday peak hour trip generation for the above - referenced site. This
calculation used the Sunday peak hour of generator trip generation rate (based upon
seats) that is published by the Institute of Transportation Engineers (ITE) in Trip
Generation, Eighth Edition, for Land Use 560 (Church). The site sanctuary currently
contains 380 seats and no additional sanctuary seats are proposed to be added as a
part of the proposed site modification. Therefore, the calculation undertaken
represents the trip generation potential of both the existing and proposed uses.
Table 1 provides a summary of the anticipated trip generation potential of the site for
the Sunday peak period conditions. As shown in this calculation, the peak traffic
volume potential is 232 vehicles, with 118 vehicles entering and 114 vehicles exiting.
Should you have questions or comments regarding this determination, please contact
me at 561- 845 -0665.
Sincerely,
%KIMLEY -HORN AIJD ASSOCIATES, INC.
-
TransporWm Engineer
A �
ttac t
Florida Registration
Number 58636
Engineering Business
Number 696
■
TEL 561 845 0665
FAX 561 863 8176
■
4431 Embarcadero Drive
West Palm Beach, Florida
33407
KAWPB_TPT0\1442\23001 \Sunday TGPRy #M.VWVI'7'
ft
AN
'b
�VNINC � ZONING
TABLE 1
ST. MARK'S EPISCOPAL CHURCH AND SCHOOL
SUNDAY TRIP GENERATION
Sunday
Peak Hour of Generator
Land Use
Intensity
Total
In
Out
Existing and Proposed Land Use
Church
380 seats
232
118
114
Driveway Volumes
232
118
114
Notes:
Trip Generation was calculated using the following data:
Sunday Peak Hour of Generator
Church [ITE 560] T=0.61 trips per seat (51% in, 49% out)
C] 11271201011:58 Kirnley -Horn
M I, EL• and Associates, Inc.
K:�WPB TPT0�1442123001�SundayTG� [SundayTripGen.xlsJSunday
CITY OF PALM BEACH GARDENS
CITY COUNCIL AGENDA COVER MEMORANDUM
Meeting Date: June 3, 2010
Ordinance 11, 2010
Petition No. ANNX- 10 -03- 000004
SUBJECT /AGENDA ITEM:
Ordinance 11, 2010: Parcel 18A.07 Voluntary Annexation Request
Second Reading and Adoption: A request by Jose Martinez, on behalf of 95 Hood
LLC., to allow the annexation of Parcel 18.A07, a 12.39 -acre parcel generally located
on the northwest corner of Hood Road and the Florida Turnpike.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by
Originating Dept.:
FINANCE:
Council Action:
Growth Management:
Finance Administrator
Ci tt
A11, 4
[ ] Rec. approval
Allan Owens
hNffax an
Project
Manager
[ ] Rec. app. w/
conditions
Martin Schneider,
Accounta
[ ] Rec. Denial
Development
Compliance
AICP, Planner
`
Sara Varga
[ ] Continued to:
[ X ] Quasi - Judicial
N/A
Bahareh Wolfs, AICP
[ ] Legislative
[ X ] Public Hearing
Costs:
$ N/A
Interim Growth
Total
Managem nt
Advertised:
Attachments:
Ad i i r for
$ N/A
a he M. Wong, A I C P
Date: May 19 & 26
Paper: Palm Beach
Post
Current FY
Funding Source:
• Map A.4. Potential
Future Annexation
from the City's
Comprehensive Plan
[X] Required
[ ] Operating
. Letter from County
[ ] Not Required
[X] Other N/A
Commissioner
Budget Acct. #:
NA
Karen Marcus, May
10, 2010
. Letter from County
Planning Director
Lorenzo Aghemo,
Approved By:
City Manager
i�
Affected parties:
otified
[ ] Not Required
May 11, 2010
o ald . Ferris
• Ordinance 11, 2010
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 2 of 7
EXECUTIVE SUMMARY
The 12.39 -acre site is located at the northwest corner of Hood Road and the Florida
Turnpike (see Location Map below). The subject site is within unincorporated Palm Beach
County and is presently vacant, wooded land. The annexation petition satisfies all criteria
of Section 171.044, Florida Statutes, and the property is within a potential annexation area
on the City's Potential Future Annexation Map (Map A.4. — attached).
Eastpointe residential
community
(Unincorporated Palm
Beach County)
City
Boundary
Line
I
I
1
Lb
1
BACKGROUND
The applicant is requesting that Parcel 18.A07 be voluntarily annexed into the City of Palm
Beach Gardens. The property is under single ownership of Hood Road LLC., and has no
registered voters. Therefore, it can be annexed through the voluntary process without a
referendum. A comprehensive plan amendment to change the Future Land Use
designation of the property from County Low Residential, 2 units per acre (LR -2) to City
Residential Low (RL), up to 4 units per acre, is also being processed for this property.
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 3 of 7
LAND USE & ZONING
The subject site currently has a Palm Beach County Future Land Use designation of
County LR -2, and two (2) County zoning designations: Residential Single - Family (RS) for
the majority of the site, and Residential Estate (RE) for the northernmost portion. County
zoning designations do not determine density, but refer back to the Future Land Use
designation, which in this case is LR -2. The applicant has also submitted a large -scale
Comprehensive Plan Future Land Use petition to provide a Residential Low (RL)
designation to the site. The subject site is adjacent to the Florida Turnpike to the east,
Hood Road to the south, and the Eastpointe Country Club, a golf course community in
unincorporated Palm Beach County to the north and west. The existing uses, zoning
districts, and Future Land Use designations of the adjacent properties are summarized in
Table 1.
TABLE 1. ZONING CLASSIFICATIONS AND LAND -USE DESIGNATIONS
EXISTING USE
ZONING
FUTURE LAND USE
Subject Property
Vacant
RS; RE
LR -2
Palm Beach County
Palm Beach County
Palm Beach County
North
Residential Low (Eastpointe
RE
LR -2
Country Club)
Palm Beach County
Palm Beach County
Palm Beach County
West
Residential Low (Eastpointe
RS; RE
LR -2
Country Club)
Palm Beach County
Palm Beach County
Palm Beach County
South
Hood Road; Mirasol Elementary
RL
PCD
School
Palm Beach Gardens
Palm Beach Gardens
Palm Beach Gardens
East
Turnpike; Vacant (Briger Tract)
MXD
MXD
Palm Beach Gardens
Palm Beach Gardens
Palm Beach Gardens
Notes: County designations:
Residential Single Family (RS)
Residential Estate (RE)
Low Residential, 2 units per acre (LR -2)
City designations:
Residential Low (RL)
Planned Community Development (PCD)
Mixed Use (MXD)
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 4 of 7
FLORIDA STATUTES
Section 171.044, Florida Statutes, includes criteria that an area being considered for
voluntary annexation shall satisfy prior to local government annexation:
(1) The owner or owners of real property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition the governing body of
said municipality that said property be annexed to the municipality.
Staff Response
The subject site is located within unincorporated Palm Beach County and is contiguous on
two sides to the City's boundaries (south and east). The subject site is rectangular in shape
and is flush to the City's boundary. Therefore it is reasonably compact and does not create
a protrusion or an enclave. The parcel is concentrated in a single area and is a portion of a
proposed future annexation area of the City, according to Map A. 4. of the Comprehensive
Plan. Therefore, the proposed annexation is consistent with this Section of the Florida
Statutes.
(2) Upon determination by the governing body of the municipality that the petition bears
the signatures of all owners of property in the area proposed to be annexed, the governing
body may, at any regular meeting, adopt a nonemergency ordinance to annex said
property and redefine the boundary lines of the municipality to include said property. Said
ordinance shall be passed after notice of the annexation has been published at least once
each week for 2 consecutive weeks in some newspaper in such city or town or, if no
newspaper is published in said city or town, then in a newspaper published in the same
county; and if no newspaper is published in said county, then at least three printed copies
of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said
city or town. The notice shall give the ordinance number and a brief, general description of
the area proposed to be annexed. The description shall include a map clearly showing the
area and a statement that the complete legal description by metes and bounds and the
ordinance can be obtained from the office of the city clerk.
Staff Response
The City has received the signatures of all property owners in the area to be annexed. The
subject site is made up of two parcels owned by one entity. The public notice requirements
have been satisfied.
(3) An ordinance adopted under this section shall be filed with the clerk of the circuit court
and the chief administrative officer of the county in which the municipality is located and
with the Department of State within seven (7) days after the adoption of such ordinance.
The ordinance must include a map which clearly shows the annexed area and a complete
legal description of that area by metes and bounds.
Staff Response
This requirement shall be satisfied within seven (7) days of adoption of the ordinance.
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 5 of 7
(4) The method of annexation provided by this section shall be supplemental to any other
procedure provided by general or special law, except that this section shall not apply to
municipalities in counties with charters which provide for an exclusive method of municipal
annexation.
Staff Response
Palm Beach County has been directly notified of the submission of this voluntary
annexation petition, as required by County regulations. The City also used the Palm Beach
County Intergovernmental Plan Amendment Review Committee (IPARC) notification
process to inform the County and surrounding municipalities of the proposed annexation as
part of its notification of the corresponding Comprehensive Plan map amendment.
(5) Land shall not be annexed through voluntary annexation when such annexation results
in the creation of enclaves.
Staff Response
The proposed annexation does not create an enclave.
(6) Not fewer than 10 days prior to publishing or posting the ordinance notice required
under subsection (2), the governing body of the municipality must provide a copy of the
notice, via certified mail, to the board of the county commissioners of the county wherein
the municipality is located. The notice provision provided in this subsection may be the
basis for a cause of action invalidating the annexation.
Staff Response
A copy of the notice was provided via certified mail to the Board of County Commissioners
on May 5, 2010, over 10 days prior to publishing the ordinance notice in The Palm Beach
Post as required.
URBAN SERVICES
The surrounding area is currently serviced by the City of Palm Beach Gardens, Seacoast
Utility Authority, Solid Waste Authority, Northern Palm Beach County Improvement District,
and Palm Beach County Schools, all of which will service the subject property. The
proposed annexation will not pose a negative impact on the public facilities in the area.
The annexation has been analyzed relative to the provision of adequate urban services.
The potential of the site could increase from a maximum of 24 residential units under its
current County LR -2 land use designation to 48 residential units under the City's RL Future
Land Use designation. All service providers have confirmed that there will be adequate
capacity available for water, sewer, solid waste, schools, police, and fire services.
The City's Engineering Division reviewed the potential traffic impact on Hood Road and
determined the amount of trips would fall below the three (3) percent significance threshold
for five (5) year and long -range impact analysis.
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 6 of 7
The City's Parks Department determined that the 0.4 acres of potential park land needed
upon annexation and maximum possible development of this property is well within its level
of service provision. Based on a population of 50,000, the number of acres needed for
parks would be approximately 189. Current inventory is approximately 345 acres.
COUNTY NOTIFICATION
Notice of the voluntary annexation request was sent to the Palm Beach County
Intergovernmental Plan Amendment Review Committee ( IPARC) on April 12, 2010. The
IPARC Clearinghouse mailed information to the County, and surrounding municipalities
and agencies on April 13th. On April 16th, the City notified the County Administrator and
Planning Director of the request for voluntary annexation directly by e -mail, including a
copy of the petition and narrative from the applicant. Notification of the annexation request
and the scheduled second reading and adoption public hearing date was also sent to
County via certified mail on May 5t , as required by Section 171.044, Florida Statutes.
On May 10, 2010, the City received a letter from County Commissioner Karen Marcus
requesting a postponement of the public hearing for the voluntary annexation (please see
attached). On May 11, 2010, the City received a letter from the County Planning Director,
stating that County staff has determined the proposed annexation to be inconsistent with
Chapter 171, Florida Statutes (please see attached). While the letter states that the
County's determination is based on a lack of reasonable compactness, the concerns raised
are based only on access. Access is not one of the criteria on which a voluntary annexation
is judged, nor has access to the site been determined at this time. No other adverse
comments were received from other municipalities or agencies.
City staff has determined that the proposed voluntary annexation does meet all of the
criteria of Chapter 171, Florida Statutes. The subject site is contiguous to the City, is
reasonably compact, and does not create an irregular protrusion or enclave. Therefore, a
postponement would unnecessarily impede with the applicant's right to due process.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN
The proposed annexation area is included in the City's Potential Future Annexation Area
(Map A.4. — attached) as outlined in the City's Comprehensive Plan.
PLANNING, ZONNING, AND APPEALS BOARD (PZAB)
At the May 11, 2010, public hearing, the PZAB voted 6 -0 to recommend approval of the
annexation petition. The property manager for the Eastpointe Homeowners Association
and one resident of Eastpointe objected to the proposal based on density and access
concerns. It was explained to the residents that density and access issues would be
addressed at the time of site plan review, and that they would be notified if and when a
development application was submitted. At the current time there are no development
plans for the site.
Meeting Date: June 3, 2010
Ordinance 11, 2010
Page 7 of 7
COUNCIL ACTION
At the May 20, 2010, public hearing, the Council voted 3 -0 to recommend approval of the
annexation petition on first reading. County Commissioner Karen Marcus requested a
postponement of the item to allow County staff and the Eastpointe residents to become
better informed about the proposal, especially regarding density and access concerns.
Commissioner Marcus submitted a letter requesting the postponement (see attached).
Patricia Behn from the Palm Beach County Planning Department summarized the issues
with the proposed annexation from the County Planning Directors' letter (see attached).
Several residents from Eastpointe also requested a postponement to allow them time to
meet with the applicant about the proposal. The applicant stated that he had set up a
meeting with the Eastpointe residents on May 27th. However, residents stated they were
unaware of the meeting. Members of the Council expressed their intention to pass the
proposal on First Reading with the understanding that the applicant will meet with the
Eastpointe residents and the County to address their concerns prior to Second Reading.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of Ordinance 11, 2010 based upon the following findings:
• The subject annexation request is consistent with Florida Statutes, the proposed
future annexation map of the City's Comprehensive Plan, and the City's level of
service standards.
Karen T. Marcus
County Commissioner
District 1
Board of County Commissioners
May 10, 2010
County Administrator
Robert Weisman
Honorable David Levy
Mayor, City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardensp FL 33410 -4628
Dear May r/j��-
My office was recently informed by the Eastpointe Community that the City of Palm
Beach Gardens is processing a request to annexation a 12+ acre parcel of land located
northwest of Hood Road and the Florida Turnpike, adjacent to the Eastpointe Community.
I would like to respectfully request that the City postpone this decision until such time as
the County and the residents of Eastpointe have had an opportunity to review the impacts of this
annexation as it relates to traffic circulation and density. I understand that this matter is
scheduled for first reading on May 20th and will go to your Planning & Zoning Board next
Tuesday.
I hope that you will consider postponing this matter until we have had an opportunity to
review the impacts. Thank you for your consideration.
KTM /pw
Sin aly,
K re T. Marcus
County Commissioner
"An Equal Opportunity Affirmative Action Employer"
P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2201 FAX: (561) 355 -6094
printed on recycled paper kmarcus@pbcgov.org
ON .
Zoning a Building
2300 North Jog Road
Velm Palm Beach, FL 33411.2741
(561) 233 -5000
Planning Division 233 -5300
Zoning Division 233 -5200
Building Division 233 -5100
Code Enforcement 233.5500
Contractors Certification 233.5525
Administration Office 233 -5005
Executive Office 233 -5228
www pbcgov.com/pzb
■
f fin Beach County
Bond of county
Comaabaionen
Burt Aaronson, Chair
Karen T. Marcus, Vice Chair
Jeff Koons
Shelley Vana
Steven L. Abrams
Jess R. Santamaria
Priscilla A. Taylor
County AdmLdetrator
Robert Wbisman
'An BquwOpportumty
Aprrnwtnr Action Dnptoyo -
:rK�
May 11, 2010
Natalie Wong
Interim Growth Management Administrator
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Proposed Annexation Hood West, 2010- 52-001
Dear Ms. Wong:
Thank you for providing the County advance notice and the opportunity to
review the annexation summarized below.
Nance
Description
Hood West
Acres: 12.38
Location: Northwest corner of Hood Rd and Florida Turnpike
2010 - 52-001
Fiat Reading: 5/20/2010 Second Reading: 6/3/2010
Upon review of the annexation, County staff has determined that the proposed
annexation is inconsistent with Chapter 171, F.S. This letter serves as notice
that if the City pursues the proposed annexation of the above referenced site,
County staff will make a recommendation to the Board of County
Commissioners to authorize the filing of a certiorari petition to challenge the
annexation. This determination is based on the following sections from Chapter
171, F.S.
171.044, Voluntary annexation. — (1) The owner or owners of real property in an
unincorporated area of a county which is con0guous to a municipality and reasonably
cones may petition the governing body of said municipality that said property be
annexed to the municipality.
171.031, Definitlons. — (12) " Compactness" means concentration of a piece of
property in a single area and predudes any action which wed create endeves, pockets,
or finger areas in serpentine patterns. Any annexation proceeding in any county in the
state
��shall be designed in such a manner as to ensure that the area will be reasonably
The source of the inconsistency with the Florida Statute is caused by the
inability to access this site, as described below.
1. Eastern Boundary: Currently there is no access to the site on the east
side of the property, as it is bounded by the Florida's Turnpike.
2. Southern Boundary: The property's southern boundary, which is
approximately 344 feet on Hood Road, has limited access due to the
road's overpass constructed over the Florida's Turnpike. At the extreme
PBG Proposed Annexation
May 11, 2010
Page 2
westem edge of the proposed annexation property, there is a grade
differential of about 10 feet between the property and the Hood Road
pavement surface. Although the property is sufficiently deep to
construct an access driveway at acceptable grade to intersect with Hood
Road, the access road would be expensive to construct and would
require a significant amount of the property. Moreover, the intersection
would present sight distance problems because of the vertical curve on
Hood Road associated with the Turnpike overpass. The elevation of
Hood Road could not be dropped because of the need to maintain
minimum vertical clearance over the Turnpike. The 45 MPH posted
speed limit will require "sight distance for a crossing maneuver" per the
FDOT Green Hook of over 500 feet and would be difficult to achieve.
3. Western and Northern Boundaries: Since access issues exist from
the eastern and southern boundaries, this leaves the possibility of
pursuing alternative means of access. The northern and western
boundaries are bounded by an unincorporated residential development
called Eastpointe PUD (Control # 1980 -28). Should the applicant seek
to access this site through this residential development, it would require
traffic to leave the Palm Beach Gardens city limits and travel through
unincorporated Palm Beach County to access the incorporated Palm
Beach Gardens site. Although the applicant may decide not to develop
the site, the City emergency service providers would still need to leave
the boundaries of the City and drive through unincorporated County to
reach the site, if an emergency occurs, as access is prohibited via Hood
Road. Based on this fact, the proposed annexation would not be
considered reasonably compact according to Chapter 171, F.S.
Additionally, access through an existing planned unit development
would cause considerable impact upon the development.
We look forward to working with you on resolving the issues arising from this
annexation. If you have any questions regarding the Department of
Engineering's comments, contact Allan Ennis at 684 -4101. If you have any
questions regarding this letter, please feel free to contact Bruce Thomson,
Principal Planner, at 233 -5333.
Sincere ,
Lorenzo Agh& o
Planning Di r or
cc: The Honorable Karen Marcus, District 1 Commissioner
Martin Schneider, PB Gardens Planner
VardeMa Baker, PBC Deputy County Administrator
Allan Ennis, PBC Engineering Dept.
Barbara Aftemran, Esq., PBC PZB Exec. Director
Bruce Thomson, PBC Principal Planner
Robert Banks, AICP, PBC Asst County Attorney
Patricia Behr, PBC Senior Planner
Ron Ferris, Palm Beach Gardens City Manager
T: IPt anningVntergovemmentalVLnnexabonst20f 0 Fiscal YearV-etterslPBG-Hood West- May2010.docx
Via
Annexation Location Map
jO \ne
IN
Brandon S.
'one PI
1 Isle Verde Wa
Tj7JTj77j r
I
a Ho
�0 1201
N
a
\1
PALM BEACH GARDENS
... -.
�//
s . WiMEN!
N
Lale D,
Newly Proposed Annexation ® Palm Beach County Owned Parcels County ROW Maintenance
County Maintained
Pending Annexation CCRT Area Courtesy Maintained
Previous Annexation Municipality
Other ROW Maintenance
State Maintained
Failed/Withdrawn Annexation Water other
Date. 04120110
Cmlact: NN konsionn
Flleneme. N. \Division P.VVtnea \FV20t0 Feet
N
Planning, Zonin
g. g
8 Building
Note Map is br infovnaboml
W F
not official. purposes any 550 0 550
Source: ROW Maintenance Data PBC Engineering
2300 e � RI
vtax P. Barn. FL Hatt
Dept 2010pbcgsl SDE GEODATACENTERLINE_LN
y
Prone l5st�2u -voo
F�OR_fi�
1 ORDINANCE 11, 2010
2
3
4 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
5 BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A
6 PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF LAND
7 CONSISTING OF APPROXIMATELY TWELVE AND 391100 (12.39)
8 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER
9 OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA
10 TURNPIKE, IN PALM BEACH COUNTY, FLORIDA, AS MORE
11 PARTICULARLY DESCRIBED HEREIN; DECLARING THAT THE
12 VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE
13 OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY;
14 AMENDING ARTICLE 11 OF THE CITY CHARTER BY REDEFINING
15 THE CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A
16 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
17 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
18
19
20 WHEREAS, the City of Palm Beach Gardens has received an application
21 (ANNX -10 -03- 000004) 95 Hood LLC. for annexation of vacant property consisting of
22 12.39 acres currently located in Palm Beach County into the City of Palm Beach
23 Gardens; and
24
25 WHEREAS, the area to be annexed is contiguous to the City and reasonably
26 compact; and
27
28 WHEREAS, the annexation of the area will not result in the creation of any new
29 enclaves; and
30
31 WHEREAS, the area to be annexed meets the requirements of Section 171.044,
32 Florida Statutes, concerning the character of the area to be annexed; and
33
34 WHEREAS, the annexation area is included on the City's Potential Future
35 Annexation Area Map of the City's Comprehensive Plan; and
36
37 WHEREAS, the Growth Management Department has reviewed the application
38 and has determined that it is sufficient; and
39
40 WHEREAS, this annexation petition (ANNX -10 -03- 000004) was reviewed by the
41 Planning, Zoning, and Appeals Board at a public hearing on May 11, 2010, which
42 recommended approval by a vote of 6 -0; and
43
44 WHEREAS, the City Council of the City of Palm Beach Gardens believes these
45 revisions to be in the best interest of the health, safety, and welfare of the citizens of the
46 City of Palm Beach Gardens.
Ordinance 11, 2010
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens finds that the
written petition for voluntary annexation filed with the City bears the signatures of the
owners of the real property to be annexed into the City.
SECTION 3. The City Council hereby annexes into the City of Palm Beach
Gardens an area of contiguous, compact, unincorporated territory located on the
northwest corner of Hood Road and the Florida Turnpike, as reflected on Exhibit "A,"
attached thereto and incorporated herein, for the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 27 AND 34, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH HALF (S 1/) OF THE SOUTHEAST QUARTER (SE %) OF THE
SOUTHEAST QUARTER (SE %) OF THE SOUTHEAST QUARTER (SE %) OF
SECTION 27, TOWNSHIP 41 SOUTH, RANGE 42 EAST, TOGETHER WITH THE
EAST HALF (E Y2) OF THE NORTHEAST QUARTER (NE %) OF THE NORTHEAST
QUARTER (NE'/) OF SECTION 34, TOWNSHIP 41 SOUTH, RANGE 42 EAST.
CONTAINING 539,627 SQUARE FEET OR 12.39 ACRES, MORE OR LESS.
SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are
hereby redefined and shall include the above - described real property, and the property
is hereby declared to be within the City's corporate limits.
SECTION 5. Section 2 -1 of the City Charter, entitled "Boundaries ", is hereby
amended to reflect the property annexed into the City by this Ordinance.
SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance
with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer
of Palm Beach County, and the Department of State within seven (7) days of the
adoption of this Ordinance.
SECTION 7. All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
2
Ordinance 11, 2010
1 SECTION 8. Should any section or provision of this Ordinance or any portion
2 thereof, any paragraph, sentence, or word be declared by a court of competent
3 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
4 this Ordinance.
5
6 SECTION 9. Specific authority is hereby granted to codify this Ordinance.
7
8 SECTION 10. This Ordinance shall become effective immediately upon
9 adoption.
10
11
12 (The remainder of this page intentionally left blank)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Ordinance 11, 2010
PASSED this &tjday of 2010, upon first reading.
PASSED AND ADOPTED this day of 2010, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
David Levy, Mayor
Robert G. Premuroso, Vice Mayor
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
FOR AGAINST ABSENT
G:\attorney_ share \ORDINANCES\2010 \Ordinance 11 2010—Parcel 18A07 annexation.doc
4
rZI/A
EXHIBIT "A"
T
N
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
MISC- 10 -04- 000070
Resolution 25, 2010
SUBJECT /AGENDA ITEM
Resolution 25, 2010: Oakbrook Square Planned Unit Development (PUD)
Consideration for Adoption: A request from Equity One Inc., to approve an amendment
to the Oakbrook Square PUD modifying the master signage program and conditions No.
1, 2, and 3 listed in Resolution 55, 2003. The subject site is located at the northeast
comer of PGA Boulevard and US Highway 1.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
Finance:
City Council:
Cit
Growth Management:
Finance
[ ] Rec. Approval
Administrator:
[ ] Rec. Approval with
Project
Conditions
Max ohman, Esq.
Manager
N/A
[ ] Rec. Denial
Kate Wilson, Planner
Allan Owens
[ ] Continued to:
Development Compliance:
,)q,l _'/
B areh K. Wolfs, AICP
[X] Quasi — Judicial
Accountant:
[ ] Legislative
__6y
[X] Public Hearing
Inter Gr wth
Sarah Varga
M n g nt Administrator:
Advertised:
Attachments:
Fees Paid: [X] Yes
•;• Location Map
Na ta ie Wong, AICP
[ ] Required
4- Resolution 55, 2003
[X] Not Required
Budget Acct. #:
N/A
❖ Tenant Sign Criteria
Resolution 25, 2010
Approved By:
❖ Reduced Plans
City Manager:
Affected Parties:
] Notified
4ftnaM
[X] Not Required
erris
Meeting Date: June 3, 2010
Resolution 25, 2010
Page 2 of 4
BACKGROUND
The Oakbrook Square Shopping Center received original Site Plan approval on
December 7, 1973, by the Site Plan Review Committee.
Ordinance 47, 1999, approved the rezoning of the Oakbrook Square Shopping Center
to include a Planned Unit Development (PUD) overlay and the expansion of the Publix
grocery store by 10,987 square feet. This Ordinance approved a waiver to allow a
second sign at 36 inches for the Publix tenant space.
Ordinance 37, 2002, approved an amendment to the Oakbrook Square PUD to add
6,000 square feet to the retail building alongside US Highway 1 and renovate the
existing buildings. The development order also required the Applicant to submit a
master signage program application for City Council approval.
Resolution 55, 2003, approved the Master Signage for the shopping center, and
contained three (3) conditions of approval related to signage which are being modified
with the subject petition.
LAND USE & ZONING
The subject site has a zoning designation of Planned Unit Development (PUD) with an
underlying zoning of General Commercial (CG -1), and a future land use designation of
Commercial (C).
i auie i. surrounain coning
& Lana use uesi nations
EXISTING USE
ZONING
Subject Propert y
PUD /CG -1 C
Oakbrook Square
North
Golden Bear Plaza
PUD /PO
PO
South
Gardens Shoppes
CG -1
C
North Palm Beach
North Palm Beach
North Palm Beach
East
Hidden Key
RH
RH
Palm Beach County Parcels
RS Residential SF)_
Residential Low
West
Palm Beach County Parcels
CG General Commercial
Commercial
Meeting Date: June 3, 2010
Resolution 25, 2010
Page 3 of 4
CONCURRENCY
The subject petition does not affect any of the current concurrency approvals for this
site.
PROJECT DETAILS
Site Details and Access
The Oakbrook Square PUD is located at the northeast corner of PGA Boulevard and US
Highway 1, and encompasses approximately 21 acres. The site is located with in the
PGA Boulevard Corridor Overlay. The parcel has four (4) points of vehicular access;
two (2) points on US Highway 1 and two (2) points on PGA Boulevard (see attached
Location Map).
Proposed Improvements
The Applicant is requesting to modify the approved signage package and conditions of
approval related to signage. No site or building modifications are proposed with the
subject request.
Parking
No changes to the existing parking configuration are proposed with the subject petition.
Signage
The Applicant is requesting to modify the Oakbrook Square Signage Program approved
by Resolution 55, 2003 (see attached Resolution 55, 2003). The Tenant Sign Criteria
approved with signage program (see attached Tenant Sign Criteria) requires the letter
faces and material for all tenant signs to be RED #2283. Resolution 55, 2003, also
contained a condition of approval which requires the existing Publix sign to comply with
the RED #2283 lettering color scheme should the tenant request modifications to the
signage in the future. In addition, condition No. 3 required "all lettering on the three
Oakbrook Square Shopping Center entry monument signs be changed to RED #2283"
within 60 days of the approval of Resolution 55, 2003. Because Publix is requesting to
modify their current signage to include an additional line of text, they would be required
to comply with the red lettering. However, the tenant desires to maintain the existing
green lettering, and has submitted the subject petition to resolve this issue.
With the subject petition the Applicant is requesting to modify previously approved
conditions of approval to allow all of the Publix signs to remain green. Also, the
Applicant is requesting to alter the current sign text to reflect the store's recent addition
of a pharmacy. The new text would reflect "Food & Pharmacy" with the current "Publix"
sign. The inclusion of this text is permitted by the approved Tenant Sign Criteria
document. Publix was approved to have two (2) tenant signs at 36 inches by Ordinance
47, 1999. The two signs are located on the south and west building elevations. The
Meeting Date: June 3, 2010
Resolution 25, 2010
Page 4 of 4
new "Food & Pharmacy" text would accompany both of the existing Publix signs.
Staff is in support of the subject request based on its compliance with the principle
tenant, ground floor user, and monument sign criteria listed in Section 78 -285, Table 24
of the City's sign code. The code requires all wall signs for ground floor users be
uniform in sign type, color, material, shape and style. However, this uniformity is not
listed as criteria for principle tenant signs or monument signs. Since all the tenant signs
in the plaza, except for Publix, are red, and because Publix is considered the principle
tenant of the plaza, this request is consistent with Section 78 -285 of the City's code.
Landscaping / Buffering
No changes to the existing landscaping on site are proposed with the subject petition.
Phasing
The improvements will be completed in one (1) phase.
Drainage
The existing drainage will not be affected by the subject petition.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 25, 2010.
LOCATION MAP
Oakbrook Square Planned Unit Development (PUD)
Date Prepared: March 19, 2003
Resolution 55, 2003
I RESOLUTION 55, 2003
2
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
s BEACH GARDENS, FLORIDA P�OVIDING FOR APPROVAL OF A
6 MASTER SIGNAGE PROGRAM FOR THE OAKBROOK SQUARE
7 SHOPPING CENTER PLANNED UNIT DEVELOPMENT LOCATED
s AT THE NORTHEAST CORNER OF PGA BOULEVARD AND U.S.
9 HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED IN
10 EXHIBIT "A' ATTACHED HERETO; PROVIDING FOR WAIVERS;
11 PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
12 FOR AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City approved Ordinance 37, 2002, on December 19, 2002,
16 which amended the Oakbrook Square Shopping Center Planned Unit Development and
17 required the applicant to submit a master signage program application for City Council
18 approval; and
19
20 WHEREAS, the City has received an application (MISC- 02 -21) from Equity One
21 Realty and Management, Inc., for approval of a Master Signage Program for the
22 Oakbrook Square Shopping Center tenant spaces, out - parcel building, and changes to
23 three monument signs located at the northeast comer of PGA Boulevard and U.S.
24 Highway One, as more particularly described in Exhibit "A" attached hereto; and
25
26 WHEREAS, the 20.8 -acre Oakbrook Square Shopping Center is currently zoned
27 Planned Unit Development Overlay District with an underlying zoning of General
28 Commercial (CG -1) and a future land use of Commercial (C); and
29
30 WHEREAS, the Growth Management Department has reviewed said application
31 and determined that it is sufficient and consistent with the City's Comprehensive Plan
32 and Land Development Regulations; and
33
34 WHEREAS, on February 25, 2003, the Planning and Zoning Commission
35 recommended approval of the Master Signage Program for Oakbrook Square Shopping
36 Center Planned Unit Development tenant retail spaces and out parcel building; and
37
38 WHEREAS, the City Council has deemed approval of this Resolution to be in the
39 best interest of the citizens and residents of the City of Palm Beach Gardens.
40
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
43 OF PALM BEACH GARDENS, FLORIDA that:
44
45 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
46
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 17, 2003
Resolution 55, 2003
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida,
hereby approves a Master Signage Program for Oakbrook Square Shopping Center
Planned Unit Development, as more particularly described in Exhibit "A" attached hereto
and Incorporated herein, allowing for the placement of permanent wall signage, new
and existing occupant identification signage, and allowing for a change of lettering on
three existing monument entry ground signs.
SECTION 3. The Master Signage Program approval shall comply with the
following conditions, which shall be binding upon the applicant, its successors, assigns
and /or grantees:
1. Any future additions or renovations to the retail shopping center shall conform
to the Master Signage Program standards contained in this approval
(Planning and Zoning).
2. Should the applicant request modifications to the existing Eckerd or Publix
logo signage in the future, the new signage shall comply with the approved
RED #2283 lettering color scheme of the Master Signage Program (Planning
and Zoning, Development Compliance).
3. Within 60 days of approval, all lettering on the three Oakbrook Square
Shopping Center entry monument signs shall be changed to "RED #2283" to
provide consistent, uniform lettering (Planning and Zoning, Development
Compliance).
4. Numerical addresses shall be illuminated for nighttime visibility, shall not be
obstructed, shall have bi- directional visibility from the roadway, and shall be
placed at the front and rear of each business (Police Department).
SECTION 4. The City Council hereby approves the following waivers with this
approval:
1. A waiver from Section 78 -285, Table 24, Permitted Signs, Flat/Wall Sign for
Ground Floor Users, which does not allow wall signs for second -floor tenants,
to allow a second -floor tenant to have a 36- inch -high sign installed on the
west elevation of the northernmost retail building formerly known as
Jacobson's.
2. A waiver from Section 78 -285, Wall Signs for Ground Floor Users, which
allows one 24 -inch sign per tenant space or bay, to allow one additional two -
line sign, totaling 29 inches high, to be installed on the north elevation of the
restaurant known as "Duffy's Sports Grill."
Date Prepared: March 17, 2003
Resolution 55, 2003
1 3. A waiver from Section 78 -49, Amendments to Approved Development Orders
2 (b)(10) Architectural Style, to allow removal of the bottom crown molding from
3 the west and north elevation parapets facing the parking pocket and
4 courtyard, respectively.
5
6 SECTION 5. installation of the Master Signage Program shall be in compliance
7 with the following documents on file with the City's Growth Management Department,
8 which document shall, prior to issuance of the first building permit, be modified to
9 conform to the conditions of approval and waivers contained in this Resolution:
10
11 1. Tenant Sign Criteria dated January 30, 2003, and revised February 11, 2003,
12 by Equity One Realty and Management Company.
13
14 2. Drawing Nos. A- 03983 -A and A -03984 dated September 23, 2002, and No.
15 A- 06515 -A dated December 9, 2002, by Atlas Signs.
16
17 3. Cover Sheet CVS, Outparcel Exterior Elevations Sheet A -1, Proposed Retail
18 Building West Elevation, South Elevation and Duffy's West Elevation Sheet A-
19 2, Anchor Tenant Fagade Renovation North and South Elevations Sheet A -5,
20 by William Hamilton Arthur Architect, Inc., dated March 5, 2003.
21
22 4. Existing Courtyard /Retail Building Elevations Sheet A -3, Anchor Tenant
23 Fagade Renovation West Elevation Sheet A -4 by William Hamilton Arthur
24 Architect, Inc., dated March 6, 2003.
25
26 SECTION 6. Said approval expressly incorporates and is contingent upon all
27 representations made by the applicant or applicant's agents at any workshop or public
28 hearing.
29
30 SECTION 7. This Resolution shall become effective immediately upon adoption.
31
32
33
34
35 (The remainder of this page left intentionally blank)
36
37
38
39
40
41
42
43
44
45
46
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: March 17, 2003
Resolution 55, 2003
PASSED AND ADOPTED this y�day of )}P/e.r t.- , 2003.
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: ,
ristine P. Tatum, City Attomey
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
CITY OF P
M
AYE NAY ABSENT
I�
t!
Jackie /oakbrooktsignage/MISC -02 -21 reso 2 staffs rec
O:URESOLUTIONSWkbrook square - master signage program.doc
4
GARDENS, FLORIDA
-0�/
February 6, 2003
Jackie Holloman
william City Of Palm Beach Gardens
hamilton 10500 N. Military Trail
a rt h u r Palm Beach Gardens, FL 33410
architect
inc. RE: Oakbrook Square- Master Signage Petition
We have reviewed the comments for the signage program at Oakbrook Square
and our response is as follows:
1. We have taken this comment into consideration, however, we feel that the 18"
is consistent with the signage throughout the entire center and it is in proportion
with the signage area provided at the outparcel building. Furthermore, the 18"
dimension is in compliance with city's requirements.
Previously satisfied.
2. Please see sheet A -1 for the proposed "occupant identification" signs with
dimensions.
3. See revised elevation on sht. A -3 for removal only of section equal to length of
signage proposed
4. Please see revised sheets A-4 & A -5 for revised signage heights for the
HomeGoods and Stek&hwt signs not to exceed 36 ", therefore no waivers will be
requested for the signage height.
The following waivers are being requested:
Waiver #1: On sheet A -2 at Du$y's North elevation, a waiver is being requested
for (1) additional sign for identification at the courtyard side of building.
Waiver 42: On Sheet A -4, the HomeGoods signage requires a waiver for the 36"
height to match the height of the SteinMart.
Waiver #3: On Sheet A -5 at the North Elevation, we are requesting a waiver for
(1) additional sign for HomeGoods and the Anchor Tenant.
Waiver #4: On Sheet A -5, at the South Elevation, we are requesting a 2"d and 3"'
sign for SteinMart with one of those at the courtyard side for identification from
the courtyard.
800douglas
entrance B e A. Arthur
�, ., �;_ �.0
° ;
suite 303
- 2003
coral gatAes
'BANNING
florida 33134
?c ZONINC-
ZONING
fax 05 4 1.7
fax 305 441.7960
' \�
1 QUITY
EI EQUITY ONE REALTY & MANAGEMENT, INC.
ONE
February 7, 2003
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Jackie Holloman- Planner
RE Existing Monument Signs @ Oakbrook Square Shopping Center
Dear Ms. Holloman:
Pursuant to your letter date February 5`h, 2003, we will be changing all lettering to red.
This will include the existing "Duffy's" sign. The ground signs are now addressed in the
master sign program.
Very Truly Yours,
Hank Schnitzer
Property Manager
1696 N.E. Miami Gardens Drive • North Miami Beach, Florida 33179 - 305/672 -1234 - Fax 305/672 -6606
3697 Lake Emma Road - Tower - Lake Mary, Florida 32746 -6121 • 4071333 -1940 • Fax 407/333 -1963
2955 Hartley Road • Suite 102 • Jacksonville, Florida 32257 -6284 - 904/292 -2222 - Fax 904/292 -1255
11594 US Highway One • Palm Beach Gardens, Florida 33408 • 561/625 -4655 - Fax 561/625 -3522
CJ
0
OAKBROOK SQUARE SIGNAGE SUBMITTAL
Sheet CUS1: General overview of entire shopping center, as approved by City Council.
Sheet Al: Outparcel building showing 5 tenants. Please note we are using red
channel letters on fagade of retailers under tower- we will use 24" channel
letters. For in -line, we will use 18" letters.
Sheet A2: West Elevation: We will use 24" channel letter on new fagade facing U.S.
Highway One. The parapet will be extended per Town Council approval.
South Elevation: Tenants facing south will have 24" channel letters.
Dufl'y's West Elevation: This is a waiver request to give Duffy's exposure
for their courtyard entrance. Letter size would be 15" and 12 ".
Sheet A3: Overall courtyard West Elevation #1 overview of sign above shops.
Retail West Elevation #2: Signs on fagade- 18" channel letters- These
signs cannot be seen from parking lot- they are I.D. for courtyard traffic.
Retail West Elevation #3: Signs on the fagade= 18" channel letters - These
signs can be seen from parking lot.
** *Please Note: Courtyard shoppes facing east will have the same
signage- 18" channel letters.
Sheet A4: New Steinmart sign- Using their logo and standard size (1" floor user).
New Home Goods signs- Using their logo and standard size (2nd floor
user). Please Note: These are national tenants. New anchor tenants -
Request 24" channel letters. User for balance of 2 "d level.
Sheet A5: North Elevation: Requesting waiver for 2nd level tenant with additional
signs, facing north parking lot.
South Elevation: Requesting waiver for Steinmart signage to be seen from
south parking lot.
Requesting waiver for courtyard entrance sign, this sign cannot be seen
from parking lot, only in courtyard.
NOTE: All signs will be red.
OAKBROOK SQUARE
TENANT SIGN CRITERIA
GENERAL
This exhibit outlines the tenant sign criteria for retail spaces and the future out parcel.
Tenants will be required to submit detailed and dimensioned drawings indicating graphic
content, colors, letter style construction methods, fastening details and electrical
requirement to Equity One Realty, 11594 US HWY.,1 Palm Beach Gardens, Fl. 33408.
These documents must be reviewed and approved by the Landlord and the City of Palm
Beach Gardens prior to fabrication and installation of any sign. If signs conflict, City vs.
Sign Criteria, stricter of the two shall apply.
A. Sign Standards
1. "Tenant Signs" shall be defined as any message that can be read from
the exterior of the store. Not included in the definition are messages
used to advertise products, sales, special event, etc.
2. Advertising content of all tenant signs shall be limited to designating
the store name and/or type, (i.e., "Women Fashions'). Tenant Signs
will not be permitted to indicate specific merchandise sold (i.e., brand
names, etc.) specific services rendered (i.e., "free gift wrapping," etc.)
The location, character, design, color and layout of all tenant signs
shall be subject to approval of the Landlord and according to local,
state, and national codes.
4. If any or all the sign standards described herein are found invalid
under local sign and/or zoning ordinances, regulations, or law, to the
extent that such limitations and restrictions are invalid as described,
then the Landlord may modify this sign standard to comply with such
local ordinances, regulations, or laws. In no event shall the invalidity
of any one sign standard be deemed to invalidate all of the sign
standards described herein.
Signs are to be continuously illuminated from sunset until 11:00 P.M.
or store closing, whichever is later or as otherwise defined by the
Landlord and required by the Lease. Signs must have a 14 hour time
clock.
6. All material used in sign fabrication are to be new.
AN
f . A.
N,
B.
C.
S_ ign Speefficattous
1. All signs are to be in the form of individual, plastic face channel letters
flush mounted to facade.
2. Box /Cabinet signs, raceway- mounted signs, audible, #lashing action or
other mechanical animation signs are not permitted.
3. Maximum letter height shall not exceed 24" for all tenants other than
Principal tenant which shall not exceed 36" in height. Principal tenant
sign cannot exceed 70 percent of the surface area to which attached.
All other tenant signs shall not exceed 5 percent of area of elevation of
tenant space or bay.
4. Unless otherwise approved by the Landlord, sign letter style shall be
Humanist #177. `
Fabrication Settings
1. Letter Material:
a. Letter faces shall be 3/16" cast acrylic color RED #2283. Letter
faces ball be trimmed with 1" BRONZE Jewelite trim cap.
b. Letter returns shall be a minimum of .040" pre - finished
BRONZE aluminum. Returns shall have a depth of 5 ". Letter
backs shall be a minimum of .063" pre - finished bronze
aluminum. Interior of letters shall be finished in white.
No alterations of substitutions allowed.
2. Illumination:
a. Letters shall be internally illuminated with 13mm neon tubing.
Color to be RED.
b. Electrical components shall be UL approved, inspected and
appropriately tagged pri or to installation.
3. Transformers:
a. Transformers shall bt 120 volt, UL ratcd 2161, 30ma.
4. Transformers and all electrical components must comply with 2002
NEC for accessibility and switching or disconnecting.
t69-d E00 /Z00'd ►69-1 ZZIEIZ919I1 AM I A111Y3V 31J0 Al03 -MI1 Y1derIC EOOZ -II -631
D. Installation
llation
1. All required permits must be obtained from the City of Palm Beach ,
Gardens prior to installation.
2. All fastening devices to be of non - corrosive material. No part of the
sign shall be beyond the Tenant's sign area or project more than 11"
beyond the face of the building. All conduit and junction boxes for
primarily wiring shall be concealed.
1 RESOLUTION 25, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING THE MASTER SIGNAGE
6 PROGRAM OF THE OAKBROOK SQUARE SHOPPING CENTER
7 PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT THE
8 NORTHEAST CORNER OF PGA BOULEVARD AND US HIGHWAY
9 1, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
10 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
11 AND FOR OTHER PURPOSES.
12
13
14 WHEREAS, in December 1973, the Oakbrook Square Shopping Center received
15 Site Plan approval from the Site Plan Review Committee; and
16
17 WHEREAS, in December 1999, the City Council adopted Ordinance 47, 1999,
18 approving the rezoning of the Oakbrook Square Shopping Center to include a PUD
19 overlay, and the expansion of the Publix grocery store by 10,987 square feet; and
20
21 WHEREAS, in December 2002, the City Council adopted Ordinance 37, 2002,
22 which amended the Oakbrook Square Shopping Center PUD and required the
23 Applicant to submit a master signage program application for City Council approval; and
24
25 WHEREAS, in April 2003, the City Council adopted Resolution 55, 2003,
26 approving the Master Signage for the shopping center; and
27
28 WHEREAS, the City has received a request (MISC- 10 -04- 000070) from Gregory
29 Davis, on behalf of Publix Super Markets, for approval of an amendment to the Master
30 Signage Program to allow the Publix signage to be green; and
31
32 WHEREAS, the subject parcel has a zoning designation of PUD with an
33 underlying zoning of General Commercial (CG -1) and corresponding Future Land Use
34 designation of Commercial (C); and
35
36 WHEREAS, the Growth Management Department has reviewed the application,
37 has determined that it is sufficient, and has recommended approval; and
38
39 WHEREAS, the City Council has considered the evidence and testimony
40 presented by the Applicant and other interested parties and the recommendations of
41 the various City of Palm Beach Gardens review agencies and staff; and
42
43 WHEREAS, the City Council deems approval of this Resolution to be in the best
44 interests of the health, safety, and welfare of the residents and citizens of the City of
45 Palm Beach Gardens and the public at large.
46
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Resolution 25, 2010
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The request by Gregory Davis, on behalf of Publix Super Markets,
for approval of an amendment to the Master Signage Program to allow the Publix
signage to be green is hereby APPROVED, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
resolution, on the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 4,
EAST, CITY OF PALM BEACH GARDENS,
RECORDED IN PLAT BOOK 101, PAGES 52
OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 20.35 ACRES, MORE OR LESS.
TOWNSHIP 42 SOUTH, RANGE 43
PALM BEACH COUNTY, FLORIDA,
AND 53, OF THE PUBLIC RECORDS
SECTION 3. The Master Signage Program is amended at Section 3 of
Resolution 55, 2003 as follows. The Applicant shall be bound by said amendments as
a condition of this approval.
Section 3 of Resolution 55, 2003:
-- -
_.
2
2
Resolution 25, 2010
r
2 4. NumeFiGal addFesses shall be illuminated for nighttime visibility, shall not be
3 ebrAFUGted, shall have bi diFeGtienal visibility ftem the Feadway, and shall be
4 plarsed at the fFent and FeaF ef eaGh buGiAess. A numerical address shall be
5 placed on the front facade of all tenant spaces. The address shall be
6 illuminated in a manner acceptable to the Police Department for nighttime
7 visibility, shall consist of twelve (12) inch high numbers, and shall be a color
8 which contrasts with the color of the surface to which it is attached. The rear
9 doors of a building shall have a numerical address with six (6) inch high
10 numbers, illuminated by an external source. (Police Department)
11
12 SECTION 4. The Master Signage Program is amended at Section 5 of
13 Resolution 55, 2003 as follows. The Applicant shall be bound by said amendments as
14 a condition of this approval.
15
16 Section 5 of Resolution 55, 2003:
17
18 1. Shall remain in full force and effect as previously adopted in Resolution 55,
19 2003.
20
21 2. Shall remain in full force and effect as previously adopted in Resolution 55,
22 2003.
23
24 3. Shall remain in full force and effect as previously adopted in Resolution 55,
25 2003.
26
27 4. Shall remain in full force and effect as previously adopted in Resolution 55,
28 2003.
29
30 5. Monument Sign Elevation, Sheet 47144 A PROD FAC OPT #2, prepared by
31 Thomas Sign & Awning Company, Inc., dated April 20, 2010.
32
33 6. Front Elevation, Sheet 47144 C SI FRONT ELEVATION, prepared by
34 Thomas Sign & Awning Company, Inc., dated May 4, 2010.
35
36 7. Side Elevation, Sheet 47144 B SI ELEVATION SIDE, prepared by Thomas
37 Sign & Awning Company, Inc., dated May 4, 2010.
38
39 SECTIONS. All other previously- adopted conditions of approval as set forth in
40 Resolution 55, 2003 shall remain in full force and effect except as modified
41 hereinabove.
42
43 SECTION 6. This Resolution shall become effective immediately upon adoption.
44
45
46
3
Resolution 25, 2010
1 PASSED AND ADOPTED this day of , 2010.
2
3
4 CITY OF PALM BEACH GARDENS, FLORIDA
5
6
7 BY:
8 David Levy, Mayor
9
10 ATTEST:
11
12
13 BY:
14 Patricia Snider, CMC, City Clerk
15
16
17 APPROVED AS TO FORM
18 AND LEGAL SUFFICIENCY
19
20
21 BY:
22 R. Max Lohman, City Attorney
23
24
25 VOTE: AYE NAY ABSENT
26
27 MAYOR LEVY
28
29 VICE MAYOR PREMUROSO
30
31 COUNCILMEMBER RUSSO
32
33 COUNCILMEMBER JABLIN
34
35 COUNCILMEMBER BARNETT
36
37
38
39
40
41
42
43
44
45
46
47 G:\ attorney_share\RESOLUTIONS\2010 \Resolution 25 2010- amending master signage for oakwood square shopping center.doc
F,I
sRal❑
x a«s
weroru -ro dmm unaar r«,.,wm
9Z£o-£LS -LZL XVd . LSLL- ELS-LZL . SZ££9Z5 -008
Z9LEE . ieunwmawnD. Ham 30N3AV H1AL L 065V
ONIANVdWOOONINAWVNOIS
aiwua.❑
Y«Na•❑
WXOIUt-OSHOlOJA3tltN »sue
Wefousaeozwaaal «w4Nwwtl
t l 11311s
53d i5 ,�;K
ld WIVd y
ZYldOJViOOlIdV041[0 IlawnN
NR saR
Sd
W O
H.L
OIOZ /l0 /EO'
AHS' 99SIL
l'ON AANIS'f199S 11 Ma>Jn
6LLY%IlSnd W ,I
if
lVM
!l INM R
9K SV (1Hl 03N1353tl
NCNLJfiOgld
i3S 110 SlH9M ll 'J li
Al HI I
IYLL
�
a
QO a
r: u
F
❑ ❑
Q
O c
O
®
&
�rv01
�
a
0
JAM
� a
G
-
o
U ° Z Z_
x
:
=
U ? oZ
W
cr
F�
p
>- e
I�
t
O
cc a
Ln
�/
❑
_
0g
a
a
j Z II
^v�l
w _
J Lij
0
�(( /(� J�1
U
W
R
k
V
1
�
a
QO a
r: u
F
Q
O c
O
®
&
�rv01
�
a
0
JAM
� a
G
-
o
W
cr
F�
p
>- e
I�
t
O
cc a
Ln
�/
a
j Z II
^v�l
w _
J Lij
0
�(( /(� J�1
U
W
R
W
O O
� V
Cl. V)
L.L
( \�vl,L
0
�
Z
H
vl
�
X
W
J
�
Ln
Z
W
r
w O
Q
0
a
w
I I
Qv
Q r,4
at w
a -
X ca
c
w
c c Lij
mC
J
W J
C d
LL N
�..�❑
H[ERELS-LZLXYd • LSLL-ELS -LZL • SL£E9Z5-OOH
L9LEE • li'tl31vmuv3l3 • HLHON 3nN3AV H"S t 06SIP
DNIANVdWOOVNINMVYNVIS
�,eyn,p
�•�
L Sad i5 nK
li SN30tltl9 H1V39 Wltld
NOLLtlA3l31N09i K �O
I
OIOZ/6I20
ISf199',II M�n�
6Ll✓
0
N
0
m
0
LL
N
Z
W
0
G% m
n Q
X UQ
J W
m m
5
a g
/n J
v a
V
CC
d
0 a
LL
X
m
,L1
V
Z
}
l/1 Q
W
LU
2 O
w -_
W I
J D fV
W 0
Z O W
= W
u VV)
v
}
�0
m
W D
J � Y
CC
Z cO C
G
2 lJ a
cr
co 0 0
3a�0
w
0 > zt
O 0 w
Q C C Q
V1 - f4 In
O
1
Z
O
Lu 9
LU
F- II
O `o
en
LL M
O J
O
aLn
ssr❑ 9ZEO- ELS -LUM • LsLL- ELS-LZL • SZEE-M -009
Z9LEE•li'tl31VMNd3l3 *N190N 30N3AV H19L10654
"°"'•� X:cN M rs0 oloz -mso inolr,Y)Yl :svaxYW w 0N[ANVdWOO ONINMV V NVIS
L so 1 u3us 53d i5 sr3Y li SN30tltl9HlV38Wltld Au) 3015 NOI1tlA31315944LG4 ra Sd W O H 1®
15f199511
OLOZ /6L/Zp ss3uaar 6LLYXllGnd
31Y0 NOIlY1lYl5W 1N311)
JNINMV R NJIS♦V—Il ABV 3SJN 3Htl Nf.IllflOtkldlY.11J NIN SVW< »Il i�l n—d— 3H1 S19NN1 GSllil
F�
LL
N
Q
r
O
I
I I
I m
i
I a
�I
I
� L
0
a m
I a� I
I
op a
cr
0
�1 aI
I
w
I 1
Ck Z
�Z
x
WZ=
0 u
O m = V
LU
J N
1 0- ZQ� �_
t 0 1 z ¢ZQ to
N� X¢� �-
v ¢ V X2
Q 1 V) =' Y p >
z ¢ ° cc a i _,o
a z3 w
rn 2 L
Lu
L,
�I �OZZ U-i II
X O
Ln >
W 0 m Z O u_ v ? ? Z w =W ¢ -i
D x
da VZV) V
�
LA N
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
AIPP- 10 -03- 000026
Resolution 26, 2010
Subject/ Agenda Item:
Resolution 26, 2010: Art in Public Places — Downtown at the Gardens
Public Hearing and consideration of approval: A request by Kevin Berman of Berman
Enterprises and Donaldson Hearing of Cotleur and Hearing, Inc., on behalf of Downtown at the
Gardens Associates, Ltd, for approval of Art in Public Places for Downtown at the Gardens,
generally located north of Kyoto Gardens Drive and east of Alternate A1A at 11701 Lake
Victoria Gardens Avenue.
[X] Recommendation to APPROVE with conditions
[ ] Recommendation to deny
Reviewed by:
Originating Dept.:
FINANCE:
City Council Action:
Growth Management:
[ ] Rec. approval
Development Compliance
e546
Project
Finance Administrator:
[ ] Rec. app. w/ conds.
/
Manage _
9
[ J Rec. Denial
Bahareh olfs, AICP
Allyson Black
N/A
[ ] Continued to:
Allan Owens
City Attorne
R. Max Ldhma
Accoun nt:
Interi
Tresha Thomas
Advertised: N/A
Attachments:
Man Administrator:
#/'
Date:
. Applicant's Narrative
Paper:
p
Fees Paid: [X] Yes
• Application
Natalie ong, AICP
• Carousel Works
Biography
[X] Not Required
Budget Acct. #:
N/A
. Carousel Works
References
Approved by:
Cit a ger:
• Cost of materials
Affected parties:
(budget)
[ ] Notified
• Resolution 26, 2010
Ron M. erris
[X] Not Required
- Design Narrative
- Site Plan
- Rendering of carousel
- Artistic renderings
- Carousel Figures list
- Pictures of railing for
safety fence
Meeting Date: June 3, 2010
AIPP- 10-03- 000026
Resolution 26, 2010
BACKGROUND
Resolution 19, 2005 approved three (3) pieces of art work for the Downtown at the
Gardens commercial development. The three pieces were "Palace," which was
approved to be placed by the east valet, the "Pool" which was approved by the south
valet, and "The Water Bridge," which was placed in middle of the south court. Over the
years, "The Water Bridge" was a continual maintenance issue, and was constantly
under repair.
When Downtown at the Gardens changed ownership and Berman Enterprises became
the owners, "The Water Bridge" was perceived as a liability issue. The piece was
removed without notifying the City. Due to the removal of the art piece, Downtown at the
Gardens had a deficit of $65,000 for the 1% art requirement. Code Enforcement was
informed of this incident and issued a Correction Request. In an effort to be in
compliance with City codes, Downtown at the Gardens posted the $65,000 in escrow for
the art requirement while deciding the type of art to be commissioned.
PROPOSED ART IN PUBLIC PLACES
PROPOSED ART
The artwork will be custom -built by Carousel Works (please see attached artistic
portfolio and reference list). Carousel Works is the world's largest manufacturer of
wooden Carousels and they are well known for their talent at restoring antique
Carousels. The proposed thirty -six (36) foot Carousel has a total diameter of forty -two
(42) feet. There is an approximate five (5) foot walkway between the deck and safety
fence. The carousel stands approximately seventeen (17) feet high.
The applicant stated that the Carousel was inspired by four (4) goals: (1) Create a fun
and whimsical atmosphere for both children and adults to play and discover art in an
exciting and educational way; (2) create a nostalgic feeling for the young at heart; (3)
create a Carousel which feels contextually at home within the modern architecture
framework of Downtown at the Gardens; and (4) create a Carousel that is truly unique
to Downtown at the Gardens inspired by the local history and environment of the City of
Palm Beach Gardens, Palm Beach County, and the State of Florida.
Figures
The proposed figures will be unique hand - carved and painted animals inspired by a
`horses in the garden' theme. They depict horses and animals found in their natural
habitat. There will be a total of twenty -seven (27) animal figures on the Carousel, with
the most common figure being variations of the horse. The other figures, yet to be
determined, will be a variety of fun and lively animals native to the South Florida region,
such as the Loggerhead Sea Turtle, Sandhill Crane, Wood Stork, Manatee, and Blue
Heron (Please see attached proposed artistic renderings and figure listing). There will
also be two (2) spinning chariots and one (1) ADA compliant chariot on the Carousel.
2
Meeting Date: June 3, 2010
AIPP -10 -03- 000026
Resolution 26, 2010
Center Surround
The Center Surround consists of panels that cover the vertical components holding up
the Carousel. The top half of these panels will contain a mirror within a frame. The
middle section will alternate between a replicated carving of the Banyan Tree and a
colorful painted arrangement of local flora and fauna. The lower section will contain
framed painting of coastal colors.
Internal Mural and Radiating Beams
Above the Center Surround is proposed as a hand painted Internal Mural, which will
wrap around in the inside of the Carousel depicting scenes and names of local marine
life. The beams radiating out from the internal painting are red with stenciling.
Rounding Boards
The Rounding Boards surround the outer canopy of the Carousel. They are proposed
as boldly painted alternating panels with native South Florida birds in flight and local
history. The bird scenes would be set in larger panels with blue background framed in
gold, while scenes of the local history would be smaller oval panels with oranges and
orange blossoms cascading from the top (Please see attached artistic renderings).
Carousel Base
The base of the Carousel would be made of Ipe Wood, which is an environmentally
sustainable wood with a strong non -slip base. The wood contains slight gaps between
the panels to prevent the water from gathering on the deck.
Perimeter Fencinq
The perimeter fencing (safety fence) will be grey in color and made of aluminum
material. It will stand 4 feet high and match the railing of the second floor at Downtown
at the Gardens (see attached pictures of current fencing). The purpose of the fence is
dual in nature. First, it is for the safety of the patrons while the Carousel is in motion and
second to protect the Carousel while it is closed (security will also be in the area for
protection).
Educational Material
The applicant is proposing to include educational material on the perimeter fence of the
Carousel. The materials are to educate the public about the various components of the
Carousel such as the artist's process of building the Carousel, the historical elements
located on the Carousel, as well as the plants and animals depicted on the Carousel.
Operations
The Carousel will be manned by one (1) person at all operational times. The hours of
operation will be consistent with the operations of the commercial center. Although the
Carousel will be closed, the lighting will remain on until midnight, per code, in an effort
to showcase the Carousel. The cost will be minimal ($1 or $2) which will help to offset
the maintenance of the Carousel. The applicant is proposing to use a token type
system. In an effort to drive patrons to the stores, the applicant is proposing to keep the
3
Meeting Date: June 3, 2010
AIPP -10 -03- 000026
Resolution 26, 2010
tokens in the stores as well as possibly adding a token vending machine.
Maintenance
Every one (1) to two (2) years the Carousel will have to be re- sealed in order to keep
the vibrancy of the colors and to protect the elements of the Carousel. In the event of a
Hurricane, the applicant will wrap the entire Carousel at the drop rods (located at the
end of the carousel deck) in mesh snow fence. This will prevent debris from striking the
carousel, and will hold everything tight in position while letting the air through.
PROPOSED LOCATION
The applicant is proposing to locate the Carousel within the south circular courtyard, just
east of Whole Foods Market. This is the exact location if the art being replaced, "The
Water Bridge" (Please see attached site plan). This location allows for visibility from four
(4) different access points; Victoria Gardens, south valet, Whole Foods and north
shops.
PROPOSED LIGHTING
Although the Carousel operation will be closed for some of the evening, the applicant
has stated that the Carousel will be lit from dusk until midnight to showcase the art from
the bulbs attached to the structure. The Carousel contains 270 -300 60 -volt LED bulbs
with an E14 base. The bulbs are attached to the underside of the Carousel canopy in
order to minimize potential light pollution. The bulbs are LEDs, which are 75% more
efficient than incandescent with equal light output. There is also current lighting along
the walkways and buildings that will heighten the lighting around the Carousel.
BUDGET
In accordance with Section 78- 261(d) of the Land Development Regulations entitled
Requirements for art or fee in lieu of art, all budgets for new construction of private and
public developments shall include one percent (1%) of the total budget for vertical
construction as a fee for art in public places. The subject fee shall be utilized by the
developer for the provision of artwork on the project site, or the developer may choose
to contribute one percent (1 %) of the total vertical construction costs directly to the City
for the provision of art on public property.
The 1 % art requirement for Downtown at the Gardens was $320,000. Downtown at the
Gardens, under Menin Development, spent a total of $360,000 for the three (3) art
pieces. "The Water Bridge" was estimated to cost $105,000 but since they spent
$40,000 over the requirement, the deficit Downtown at the Gardens faces in order to
comply with the 1% art requirement is $65,000. Downtown at the Gardens has posted
the $65,000 in escrow in order to meet the 1% art requirement.
The public art allocation breaks out as follows: $350,000 for the actual Carousel, and
$47,750 for the sound system, lighting, electric service, permits and costs associated
with installation for a total cost of $405,750 (Please see budget breakdown attached).
4
Meeting Date: June 3, 2010
AIPP -10 -03- 000026
Resolution 26, 2010
ART IN PUBLIC PLACES BOARD
On February 16, 2010, the applicant appeared before the Art in Public Places Advisory
Board for a workshop to discuss with the Board the proposed art and location on the
site. A representative of Carousel Works described the process and uniqueness of each
Carousel. The Board encouraged the applicant to move forward with the selection of
the Carousel with Carousel Works, the location, in the southern courtyard, and to come
back with a theme and design.
On April 20, 2010, the Art in Public Places Board voted 4 -0 to recommend approval of
Petition AIPP- 10 -03- 000026 to the City Council.
STAFF RECOMMENDATION
Staff is recommending approval of Resolution 26, 2010 with conditions.
5
Cotleur&
HearingLandscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurheadng.com • Lic # LC- CO00239
Downtown at the Gardens
Miscellaneous Petition
Art in Public Places
Replacement Request
Introduction
On behalf of Downtown at the Gardens, we are pleased to submit an application for Art in
Public Places. The Downtown at the Gardens project was completed in 2005, along with the
required art work for the Art in Public Places (AIPP) requirement of the code. The project has
changed ownership since 2005 twice. The current owner of the property has been assessing all
aspects of the project in effort to revive the center. In their assessment they noticed that one of
the approved artworks needed replacement due to previous lack of maintenance in
combination with a lack of appreciation by the centers patrons. Section 78 261 of the City of
Palm Beach Gardens Code of Ordinances requires that all art used towards the Art in Public
Places requirement must be reviewed and approved by the City.
Request
Downtown at the Gardens is seeking approval for an interactive art piece that will assist in the
revival of the Downtown center. The applicant is proposing to construct a carousel with hand -
carved figures and chariots. The art is proposed to be located within the south circular
courtyard, just east of Whole Foods Market. This is the exact location of the art being replaced,
the water bridge. The water bridge was not well maintained for several years by the previous
owners and became a significant liability issue for the current property owner. The art was
removed for this reason. The current owner has placed funds in escrow with the city to keep in
compliance of the Arts in Public Places requirement. The proposed art was presented to the
AIPP board as a workshop item on the 16th of February, last month.
Per Section 78 261 "in making its recommendation to the city council, the AIPP board shall
consider the quality of the artwork; the exhibition and sales history of the artist; the artist's
works in public collections and previous public art purchases or commissions; the ability of the
artist to complete the project within a specified schedule; and the compliance with the
standards of this division."
The artwork will be commissioned by Carousel Works. Carousel Works is the world's largest
manufacturer of wooden carousels and they are also very well known for their talent at
restoring antique carousels. Their facility is located in Mansfield Ohio and it houses 4o the
design and construction aspects of the carousel. Their facility employs designers, h
and woodworkers, pattern makers, casting specialists, engineers, artistic painters, Mt-
M 32010
Downtown at the Gardens
CH 00- 1003.03
Miscellanous Petition — AIPP
Statement of Use
March 5, 2010
the management team. Their work has appeared in architectural digest and many other design
related publications and television shows such as Extreme Makeover: Home Edition.
The company was the first to revive wooden carousel construction in 1991 after a construction
freeze that dated back to the early 1930's. The owners of the company have been in the
woodcarving and carpentry disciplines for 75 -years combined. They are known for their
innovative designs and their true accuracy for antique restoration and replication. They have
constructed carousels and installed them all over the country since 1994 in Virginia, California,
New York, Ohio, Michigan, Missouri, Utah, Illinois, Connecticut, Wisconsin, Tennessee, Texas,
Mississippi, Pennsylvania, Alabama, Colorado, Oklahoma, Georgia, Iowa, South Carolina,
Indiana, Kentucky, and Florida.
Design Overview
The carousel will consist of three components; the frame, fagade and the figures and chariots.
The facade and the figures and chariots are the art where as the frame is what supports the art.
The facades are the decorative panels that actually hide the inner workings of the carousel
(mechanical and electrical). The facades are uniquely designed and hand - painted to fit the
theme of the carousel. The figures and chariots are represented by the well -known animals or
carriages that signify a true carousel. They are hand - carved and hand - painted to ensure
uniqueness for each carousel and each figure.
Code Criteria
Section 78 -262 lists the standards for artwork being requested. The proposed art meets the
standards as discussed below:
(a) Artwork shall be displayed in a visually accessible location, which shall be suitable to the
design of the site, in order for the public to receive the most enjoyment and benefit from the
a rt.
The carousel will be displayed in the south circular courtyard where access is possible from four
different points, Victoria Gardens, the south valet, Whole Foods, and north shops.
(b) Artwork shall be integrated into the overall planning and design for a structure or project,
and shall be compatible with the intent and purpose of the structure at which the work or
works are located.
Considering that Downtown has completed construction since 2005, the current property owner
has suggested the most compatible location within the fabric of the center. The circular carousel
is consistent with the circular courtyard and will fit seamlessly into the project.
(c) Artwork shall be integrated into the overall landscaping plan, and landscaping shall be
utilized to enhance the visibility of such works.
2
Downtown at the Gardens
CH 00- 1003.03
Miscellanous Petition — AIPP
Statement of Use
March 5, 2010
The landscape for the courtyard will be reevaluated to be consistent with the new artwork in the
south courtyard. The landscape surrounding the previous art was ill maintained and needed
replacing.
(d) Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall be
designed and located in order to prevent excessive lighting, energy waste, glare, light trespass,
and sky glow.
The artwork will be lighted through midnight at minimum inside the carousel and from the
courtyard. The lighting will be sustainably designed.
(e) Artwork installed pursuant to the division cannot be altered or removed from the site
without approval of the city council.
The property owner will guarantee the artworks existence on site unless approval to remove it
has been issued by the city council.
(f) Maintenance. Artwork shall be maintained in good condition at all times, including any
associated landscaping or related improvements.
The property owner will be fully responsible for maintaining this new artwork to ensure the
highest quality condition at all times, including the surrounding landscape improvements.
(g) All artwork purchased from the art impact fund shall be displayed on city -owned land, a
city -owned building, or a city - leased or - rented facility.
Not applicable.
(h) Zoning and building consideration. Consideration shall be given to project zoning. Permits
and building approval shall be obtained, when necessary, and shall be in compliance with the
Florida Building Code, the National Electric Code, and the previously- approved plans by city
council.
The applicant will comply.
Conclusion
The applicant looks forward to continue to work with City staff and the AIPP board to
incorporate the new carousel into the Downtown at the Gardens approved art. The carousel
will be a great attribute for the center and for the city. Carousels have been part of culture for
thousands of years, dating back to 500 A.D. in the Byzantine Empire. They were developed for
French Kings in the 16th century and brought to the United States in the mid 1800's as a
landmark for Coney Island. Downtown at the Gardens is very excited to add this integral part of
the urban culture to the City of Palm Beach Gardens.
3
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799 -4243 Fax (561) 799 -4281
Request:
Planned Community Development (PCD)
Planned Unit Development (PUD)
Amendment to PCD, PUD or Site Plan
Conditional Use
Amendment to the Comprehensive Plan
Administrative Approval
Administrative Appeal
Project Name: Downtown at the Gardens
Owner: Downtown at the Gardens Associates Ltd
Applicant (if not Owner): Owner
Applicant's Address: 5410 Edson Ln Suite 220
Annexation
Rezoning
FISite Plan Review
oncurrency Certificate
Qrime Extension
GnMiscellaneous
[:]DtherArts in Public Places
Date Submitted: 3/2/10
Telephone No. 301 -816 -1555
Agent: Kevin Berman / Donaldson Hearing of Cotleur & Hearing Inc.
Contact Person: Kevin Berman
E -Mail: kberman @bermanenterprises.cor
Agent's Mailing Address: 11701 Lake Victoria Gardens Ave, Suite 2203, Palm Beach Gardens, FL 33.
Agent's Telephone Number: 301- 520 -3900
FOR OFFICE USE ONLY
Petition Number: Date & Time Received:
Application $ _
Receipt Number:
Engineering $
1
of
how
Architect: N/A
Engineer: N/A
Planner: Don Hearing, Cotleur and Hearing 1934 Commerce Lane, Suite 1, Jupiter, FL 33458
Landscape Architect: N/A
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Downtown at the Gardens
Address: 11701 Lake Victoria Gardens Ave. Palm Beach Gardens, FL 33410
Section: 06 Township: 42
Property Control Number(s): 52- 43- 42- 06 -14- 001 -0000
Acreage: 48.76 Current Zoning: PCD
43
Range: _
Requested Zoning: PCD
Flood Zone Base Flood Elevation (BFE) — to be indicated on site plan
Current Comprehensive Plan Land Use Designation: Professional Office (PO)
Shopping Center Shopping Center
Existing Land Use: Requested Land Use:
Proposed Use(s) i.e. hotel, single family residence, etc.: Carousel
Proposed Square Footage by Use: N/A
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
Justification
2
4
MAR �t 2010
-a►
Information concerning all requests (attach additional sheets if needed.)
(Section 78-46, Application Procedures, Land Development Regulations)
1. Explain the nature of the request: Art in Public Places Misc. Petition
We are proposing a new piece of art to fulfill the project art in public places requirement.
We propose building a custom built carousel in place of the previously existing art bridge.
2. What will be the impact of the proposed change on the surrounding area?
The carousel will be located internal to the project and will not impact any of the surrounding area.
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal
Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital
Improvement.
Not applicable.
4. How does the proposed project comply with City requirements for preservation of natural resources
and native vegetation (Section 78 -301, Land Development Regulations)?
Not applicable.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78-
261, Land Development Regulations)?
This petition is to adhere to the AIPP requirement.
An art piece has been removed that was approved as part of the original AIPP for the project.
This petition is to request to replace that art piece with a new art piece.
The applicant is proposing to provide a custom designed and constructed carousel.
6. Has project received concurrency certification?
Yes
Date received: 2003
Legal Description of the Subiect Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately 0-Mile(s) from the intersection of
Alternate Al A
, on the[]north�astDouth[Dvest side of
(street/road).
Statement of Ownership and Designation of Authorized Aeent
Before me, the undersigned authority, personally appeared
Kevin Berman who, being by me first duly sworn, on oath deposed and says:
4
I
2
3
That he /she is the fee simple title owner of the property described in the attached
Legal Description.
That he/she is requesting Miscellaneous Petition in
City of Palm Beach Gardens, Florida.
That he /she has appointed Kevin Berman/ Cotleur & Hearing, Inc.
as authorized agent on his/her behalf to accomplish the above project.
Name er: Dgwntown at the Gardens Associates Ltd
gnatur Owner By: Name/Title
5410 Edson Ln Suite 220 Rockville, MD 20852
Street Address City, State, Zip Code
P. O. Box
301- 816 -1555
Telephone Number
kberman @bermanenterpdses.com
E -mail Address
City, State, Zip Code
301 - 816 -1556
Fax Number
Sworn and subscribed before me this i� day of ! V I M H 2010
Notary Public .�
My Commission expires:
qJ I I '+;: CARLA DAVIS
MY COMMISSION # DD921746
EXPIRES August 31, 2013
(�07) 3Yl -0153 FbrideNotsryServlce.cdn
11
the
to act
Applicant's Certification
I/We affirm and certify that I/we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on
any paper or plans submitted herewith are true to the best of my /our knowledge and belief. Further,
I/we understand that this application chments, and application filing fees become a part of the
official records of the City o Beach mss, Flwidnd are not returnable.
Applicant is: / ` / / /
Signature of Applicant
W]Dwner
❑Optionee
aLessee
Agent
❑Contract Purchaser
Kevin Berman
Print Name of Applicant
5410 EDSON LN STE 220
Street Address
ROCKVILLE MD 20852 3195
City, State, Zip Code
301 - 816 -1555
Telephone Number
301- 816 -1556
Fax Number
kberman @bermanenterprises.com
E -Mail Address
Palm Beach Gardens Growth Management Department
1,0500 North Military Trail, Palm Beach Gardens, FL 33410
(0 �� U 561 - 799 -4230
Permit # � 1� V DOOo��.D
Financial Responsibility Form
The owner understands that all City - incurred professional fees and expenses associated with the
processing of this application request are ultimately the responsibility of the owner. A security
deposit shall be deposited in an interest- bearing account with any accrued interest to be retained by the
City of Palm Beach Gardens.
The owner and /or designee shall be invoiced on a monthly basis for professional fees such as, but not
limited to, consultant engineering services, legal services, advertising costs, and /or any other costs
attributable to the processing of the permit for which the City incurred during the previous month. The
owner and /or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is
not received, the City may utilize the security deposit for re- imbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner /designee further understands that transfer of this responsibility shall require a
completed form, signed and notarized by the responsible party, and delivered to the City Growth
Management Department if the name and /or address of the responsible party changes at anytime
duri I ton r rocess.
ner si nature lDaW
Kevin Berman 52- 43- 42 -06 -14- 001 -0000
Owner printed name
DESIGNEEIBILL TO:
Downtown at the Gardens Associates LTD
5410 EDSON LN STE 220
ROCKVILLE, MD 20852 3195
Property Control Number
Designee Acceptance Signature
J NOTARY ACKNOWLEDGEMENT
STATE OF r7) �l'I U 4
COUNTY OF P01 M ee—q G -H
I hereby certify that the foregoing instrument was acknowledged before me this Y -,day of
VV1 U re 11 , 201°, by ICcVin Ber► -yi el r► He or sh �,e ona lly knowr� to me or has produced as identificatio
Notary public signature ; .'" "'`! ' CARLA DAVIS
/t A I j�� j •' MY COMMISSION # DD921746
�/(/l� J 4, EXPIRES August 31, 2013
Printed name 407) 398 -0153 F rvipe.cp„
State of L at -large My Commission expires: 3, 3 I , 1 3
Al2L As
71
it
X's f
w
aro�,sel
Carousel Design Overview
A Carousel Works carousel consists of three components the Frame, Facade & Figures /Chariots. We
work with each of these elements to create a one -of -a -kind carousel for each client.
Frame
The carousel Frame consists of the inner working of the carousel that supports the figures and creates
the movement on the carousel.
Facade
The facade consists of the decorative panels that are used to hide the Frame components, These panels
are created for aesthetics, so our designers can be extremely creative in their design to create a one -of-
a -kind carousel for each client.
The components are uniquely designed for each project based on the overall theme and design concepts
including the structural shape, decorative details and hand - painted artwork:
• Rounding Boards — structure shape, decorative details as well as hand - painted artwork.
• Center Surround — decorative details, mirrors, may also be designed to host hand - painted
artwork.
• Lower Surround Mural —original 56' hand - painted sprawling mural or the mural maybe broken
up into smaller sections if the client prefers.
• Upper Surround — structural shape and decorative details.
• Shields — these elements are customized to put the finishing touches of theme on each
individual carousel design and may also be designed to host hand - painted artwork.
Figures & Chariots
Figure Design - Each and every figure /chariot is hand - carved and hand - painted so the design and
creation of each figure is original. Our carvers begin with a basic figure silhouette and can create
elaborately designed trappings (the harness, saddle, straps, blankets, etc.) or create a simple design
depending on each individual client's wishes for their project. Next our artists hand -paint each figure
uniquely to work with the overall color scheme to bring them to life.
r Of
C
?%0S*Ia &
000
the Caj"5sel
s
Carousel Works is the world's largest manufacturer of wooden carousels as well as being the
premier choice for the restoration of antique carousels. Our 22,000 square foot facility in
Mansfield, Ohio, encompasses all aspects of carousel construction, design, and restoration in-
house. Our twenty -eight experienced and talented employees specialize in all aspects of
carousel manufacturing ranging from design, hand - carving, woodworking, pattern making,
casting, engineering, machine shop techniques, artistic painting, sculpture and management.:
under one roof. This has allowed us to develop into the type of carousel manufacturing facility
that hasn't existed for over sixty years.
Our work has appeared in numerous articles and publications, including Architectural Digest. In
addition, the Carousel Works has been featured on various television shows including Mister
Rogers Neighborhood and Extreme Makeover: Home Edition.
Oi glns
Art Ritchie and Daniel Jones began Carousel Works in 1986 with one goal — to revive one of
America's valuable treasures, a tribute to both craftsmanship and artistic innovation — the art of
making wooden carousels.
The company began by completing full carousel restorations and carving new individual figures
for private owners, but always with the goal of building a new wooden carousel. At that time,
the last wooden carousel to be built was in the depression -era early 1930s. In 1991, they
reached their goal when they installed the first new hand - carved wooden carousel since that
time with the Richland Carousel Park in Mansfield, Ohio.
Art Ritchie — Co -Owner
Art Ritchie is a Master Carver and has been a professional woodcarver for over thirty -five years.
He began in the mid -1970s specializing in hand - carved wooden signs, furniture, relief carvings
and individual carousel figures and is now one of the world's most renowned wooden carousel
artists. Art's current focus is on the overall design of the new carousels, he is constantly
creating new and innovative designs to make each carousel project uniquely its own.
Daniel Jones — Co -Owner
Daniel Jones has been a Master Carpenter for over forty years. He also began his career in the
1970s specializing in the architectural restoration of antique homes. Dan now oversees the
entire Restoration Department and also creates the structural facades for the new carousel
projects.
Carousel Works Page 2
Carving & Woodwordtng Department
Key StaffMembers:
Don BlaMcy — Carving Department Supervisor
Don began as an apprentice carver at the Carousel Works twenty years ago under Master
Carver, Art Ritchie, when he was still in high school. Now himself a Master Carver, he is in
charge of supervising the Carving Department, training new apprentice carvers while also
carving the new figure patterns and also focusing on carving the most ornate, detailed figures.
Donna Grantham - Lead Carver
Donna has been specializing in carousel figure carving at the Carousel Works for fifteen years.
She also has a background in Commercial Art & Design.
Tim Gorka - Lead Carver
Tim has been a professional woodcarver for twenty -eight years and joined our staff full -time
in 2006. In addition to figure carving, Tim also focuses on the design and carving of the
carousels' stationary chariots. In addition to his extensive woodworking background, he also
has extensive qualifications in sculpture and painting.
Aaron Schroeder — Carver /Metal Sculpture
Aaron holds a Master of Fine Arts in Sculpture and in addition to an expansive background in
wood working, has created numerous kinetic metal sculptures throughout the country. In
addition to carving, Aaron's skills have allowed us to expand our designs to incorporate more
kinetic sculpture movement into our overall carousel designs.
Tonya Johnson — Carver
Tonya specializes in carousel figure carving and has been with Carousel Works for fourteen
years.
Rick Beam — Carver
Rick has been with Carousel Works for over twenty years, the majority of which he spent
specializing in antique figure restoration. He has now transferred into the carving department
where he is using his years of expertise and talent to carve new figures.
Ryan Jones — Figure Fabrication
Ryan specializes in fabricating the figure blocks so that the carver can create the desired design.
He has over ten years of experience with the company and does an excellent job of creating the
medium for the figure sculptures.
Carousel Works Page 3
Art Department
Key Staff Members.
Marilyn Ritchie —Art Department Supervisor
Marilyn is one of the most premier carousel artists in the world. She has been with Carousel
Works for over twenty -three years. In addition to overseeing the Art department, she is also
responsible for the coordination of all the artwork on the carousel, working with each client to
determine an overall color scheme for the project as well as training new artists in the nuances
of carousel art.
Leslie Chaffin — Mural Artist
Leslie was trained at the Otis Art Institute and has been a professional artist for thirty -two
years, eighteen of those years have been with Carousel Works. She designs and creates
original hand - painted artwork for the carousels.
Martha Fort — Mural Artist
Martha also uses her vast experience and skills to design and creates original hand - painted
artwork for our carousels. She holds a BFA specializing in watercolor and has also taught art at
the college level.
Karen Beck — Figure & Facade Artist
Karen has a degree and extensive background in Interior Design and in addition to working in
our art department, also owns a private interior design /faux painting business for over fifteen
years. She specializes in laying out the color design and finishes for the carousel facade as well
as figure painting.
Eric Tomlinson — Figure & Facade Artist
Eric is one of our newest artists. He holds a BFA in Sculpture and previously worked for the
Columbus Museum of Art upon graduation before joining our staff in the art department.
Jason Kaufman — Figure Artist & Sculpture Molds
Jason specializes in figure art as well as the creating of our various sculpture casting that are
used as additional decorative pieces on the carousel facade. He has a BFA in Sculpture &
Glassblowing and also recently opened his own gallery, Kenosis Gallery for Experimental Art.
Carousel Works Page 4
Artistry In Wood...
Carousel Works Page 5
40j, 1
Iw
Carousel Works Page 6
AO,
01--mm �i
t1 11
Carousel Works Page 7
Artistic Painting -Bringing the Figures to
Carousel Works Page 8
qr
7
` a
t— -I-
A a
ilk
@_
dL
6.a^
i"
V
1
Carousel Works Page 9
Fine Art - Original Artwork to Enhance the Beauty.....
r,
Carousel Works
Page 10
am
Carousel Works
Page 11
i 4
MON
•• MWA,
� 1
ar
1 4''o,
�i
• •' i� • 4 • • •1 • `i • • • a i
r
y e �
• • • • • • • \�h� r ••4 .
F14� is •� _gi sC/y - 1 r —�
n
AN-
•r,
.Amllsel
iOojzks
1285 Jack Pollock Pkwy
Mansfield, OH 44905
Ph 800- 785 -8283 or 419 -522 -7558
Email: sales @carouselworks.com
www.carouselworks.com
REFERENCE LIST
Complete project reference list — projects over $100,000.00
Pr' b
Jo
Carousel Works, Inc.
New Carousels in progress.....
Carousel: Royal Caribbean
Contact: Denise Key- Tielebein - ProjectAnalyst New Building & Fleet Design
(786) 264 -0858 Miami, FL
Project: (2) 24' Carousels Traditional Themed
CWI is creating 2 traditional - themed carousels for Royal Caribbean's ne►
Genesis class of ships - the Oasis of the Seas (Spring 2009) and the Allure of the Seas
(Spring 2010)
Carousel: Bay Creek Carousel
Contact: Dick Foster - President (757) 491 -1240 Virginia Beach, VA
Project: 52' Carousel Coastal /Golf Resort Themed (Fall 2009)
Carousel: Los Angeles Zoo Carousel
Contact: Connie Morgan - President (323) 644 -4701 Los Angeles, CA
Project: 54' Carousel Conservation Themed (Winter 2010)
Carousel: Hudson River Pier 62 Carousel
Contact: Mark Boddewynn (917) 661 -8740 New York, NY
Project: 36' Carousel Traditional Themed (Spring 2010)
Carousel: Calgary Zoo
Contact: Don Peterkin (403) 232 -9344 Calgary, Alberta, Canada
Project: 36' Carousel Conservation Themed (Spring 2010)
Carousel: Akron Zoo Carousel
Contact: Linda Criss (330) 375 -2550, ext 8964 Akron, OH
Project: 36' Carousel Conservation Themed (Summer 2010)
Carousel Works - Complete Reference List Page 2
Carousel Works, Inc.
New Wooden Carousels
Year Installed: 2009
Carousel: Silver Beach Carousel
Contact: Suz Schalon - President (616) 318 -9555 St Joseph, MI
Project: 52' Carousel Traditional Themed
Carousel: Kansas City Royals Carousel
Contact: Jill Mitchell -Sr. Project Manager (816) 924 -6763 Kansas City, MO
Project: 24' Carousel Kansas City Royals Baseball Themed
Carousel: Sacramento Zoo Carousel
Contact: Jim Schnormeier - Asst Director (916) 808 -7381 Sacramento, CA
Project: 36' Carousel Endangered Species Themed
Year Installed: 2008
Carousel: Utah's Hogle Zoo Conservation Carousel
Contact: Doug Lund - Asst Director (801) 584 -1709 Salt Lake City, UT
Project: 46' Carousel Conservation Themed
Year Installed: 2007
Carousel: Binder Park Zoo Conservation Carousel
Contact: Gregory Geise - Director (269) 979 -1351, ext 130 Battle Creek, MI
Project: 42' Carousel Endangered Species Themed
Carousel: Kansas City Zoo Carousel
Contact: Randy Wisthoff - Director (816) 513 -5702 Kansas City, MO
Project: 42' Carousel Endangered Species Themed
Carousel Works - Complete Reference List Page 3
Carousel Works, Inc.
Year Installed: 2006
Carousel: Brookfield Zoo Carousel
Contact: Stuart Strahl, PhD - Director (708) 485 -0263 Brookfield, IL
Project: 62' Carousel Endangered Species Themed
Year Installed: 2005
Carousel: Beardsley Zoo Carousel
Contact: Greg Dancho - Director (203) 394 -6565 Bridgeport, CT
Project: 36' Carousel Jungle Themed
Carousel: Henry Vilas Zoo Conservation Carousel
Contact: Jim Hubing - Director (608) 266 -4733 Madison, WI
Project: 36' Carousel Conservation Themed
Carousel: Bronx Zoo Insect Carousel
Contact: Sean McAllister (718) 741 -8295 Bronx, NY
Project: 54' Carousel The first and only all insect carousel
Carousel: Nashville Zoo Conservation Carousel
Contact: Cindy Stitely (615) 833 -1534, ext; 129 Nashville, TN
Project: 42' Carousel Conservation Themed
Year Installed: 2004
Carousel: Houston Zoo Carousel
Contact: Rick Barongi -Director (715) 513 -6500 Houston, TX
Project: 54' Carousel Endangered Species Themed
Carousel: Jackson Zoo Carousel
Contact: Susan Dobbs (601) 352 -2582 Jackson, MS
Project: 36' Carousel Endangered Species Themed
Carousel Works - Complete Reference List Page 4
Carousel Works, Inc.
Year Installed: 2003
Carousel: Toledo Zoo Carousel
Contact: Dave DiCola (419)385 -5721 Toledo, OH
Project: 52' Carousel African Jungle Themed
Carousel: Erie Zoo Carousel
Contact: Cynthia Kreider - Director (814) 864 -4091, ext 226 Erie, PA
Project: 36' Carousel Conservation Themed
Carousel: St. Louis Zoo Carousel
Contact: Joan Sisco (314) 781 -0900 St. Louis, MO
Project: 54' Carousel Conservation Themed
Carousel: Miami Metrozoo Carousel
Contact: Carol Kruse - Asst Director Miami, FL
Project: 36' Carousel Jungle Themed
Year Installed: 2002
Carousel: Memphis Zoo Carousel
Contact: Connie Bellett (901) 725 -3458 Memphis, TN
Project: 36' Carousel Asian Themed
Carousel: Birmingham Zoo Carousel
Contact: Jeff Cook (205) 879 -0409 Birmingham, AL
Project: 42' Carousel Endangered Species Themed
Carousel Works - Complete Reference List Page 5
Carousel Works, Inc.
Year Installed: 2001
Carousel: Denver Zoo Carousel
Contact: Craig Piper - President (303) 376 -4816 Denver, CO
Project: 52' Carousel Conservation Themed
Carousel: Lincoln Park Zoo Carousel
Contact: Neal David (312) 742 -2315 Chicago, IL
Project: 52' Carousel Conservation Themed
Carousel: Bear Mountain State Park Carousel
Contact: Carol Ash — NYState Park Commissioner (518) 474 -0443 Bear Mountain, NY
Project: 42' Carousel Rustic Themed
Year Installed: 1999
Carousel: Willowbrook Park Carousel
Contact: Jona Carmona -Graf (708) 760 -6666 Staten Island, NY
Project: 46' Carousel Traditional Themed
Carousel: Oklahoma City Zoo Carousel
Contact: Mark Campbell - Director (405) 424 -3344 Oklahoma City, OK
Project: 46' Carousel Conservation Themed
Year Installed: 1998
Carousel: Zoo Atlanta Carousel
Contact: Dennis Kelly - CEO (404)624 -5864 Atlanta, GA
Project: 42' Carousel Endangered Species Themed
Carousel Works - Complete Reference List Page 6
Carousel Works, Inc.
Carousel: Milhous Group Carousel
Contact: Robert or Paul Milhous (561) 988 -2114 Boca Raton, FL
Project: 52' Carousel Traditional Themed
Carousel: The Heritage Carousel
Contact: J.C. Brenton (515) 237 -5121 Des Moines, IA
Project: 36' Carousel Traditional Themed
Year Installed: 1997
Carousel: Riverbanks Zoo Carousel
Contact: Satch Krantz - Director (803) 779 -8707 Columbia, SC
Proj ect: 42' Carousel Conservation Themed
Year Installed: 1994
Carousel: Ft. Wayne Children's Zoo Carousel
Contact: Jim Anderson -Director (260) 427 -6805 Ft Wayne, IN
Project: 42' Carousel Conservation Themed
Carousel: Kentucky Horse Park Carousel
Contact: Robert Hinkle (859) 259 -6805 Lexington, KY
Project: 42' Carousel Equine Themed
Carousel: Chapel Hill Mall Carousel
Contact: Bryan Lutz (330) 633 -7100 Akron, OH
Project: 36' Carousel Traditional Themed
Carousel: Richland Carousel Park
Contact: Mayor Lydia Reid (419) 755 -9626 Mansfield, OH
Project: 52' Carousel Traditional Themed
Carousel Works - Complete Reference List Page 7
Carousel Works, Inc.
Restoration Projects
Carousel: Nunley's Carousel
Year: 2007-2009
Contact: Gary Grasso, R.A. (516) 571 -6888
Kevin Mulligan, P.E. (516) 571 -9611
County of Nassau
Dept. of Public Works
1194 Prospect Avenue
Westbury, NY 11590
Project: 100% of project completed by Carousel Works
100% of band organ restoration by Stinson Band Organ Company
Nunley's Carousel consists of the complete rehabilitation of the Stein and Goldstein
Carousel. The carousel is a 16- section machine, with three (3) figures abreast and a 42-
foot diameter platform. The restoration requirements for both the figures and facade,
and the frame and mechanism are stringent with respect to maintaining the period look
and design of the artistic pieces.
In addition to restoring the entire carousel frame, we will also be bringing the drive unit
and electrical systems up to code, as well as updating the carousel to meet with the
Americans with Disability Act and Code standards.
Included in restoring the existing facade, this carousel restoration also involves
seventy -two (72) new original murals and scenery panel paintings to be created by our
in -house artistic muralist that will depict the history of the carousel and the Nassau
County area where the carousel will be located.
A complete rehabilitation of all the figures and chariots, including full documentation of
the original color scheme and a complete new suggested color palette for each figure is
also part of the restoration plan.
All original pieces not used on the carousel will be returned to the client for their
historic value. This carousel was re- installed in April 2009.
Carousel Works - Complete Reference List Page 8
Carousel Works, Inc.
Carousel: Central Park Carousel
Year: 1994 - present
Contact: Sal Napolitano (212) 879 -0244 (Carousel)
(718) 822 -8094 (Office)
Central Park Carousel
830 Fifth Avenue
New York, NY 10018
Project: 100% of project completed by Carousel Works
The Central Park Carousel is the rehabilitation of a Stein and Goldstein Carousel
originally built in 1908. This restoration project was completed in three (3) phases.
1994 - We completed a restoration of the carousel frame (complete mechanism), which
included the Top Bearing, Cheese Bearing, and Jumper System.
1999 - During this phase, we replaced the existing drive system with a new Drive Unit.
2004 - Present - Since the carousel was operational at the time of restoration, the
Central Park Carousel Conservancy decided to approach the figure and chariot
restoration by restoring a few of the figures at a time so the carousel can remain open
to riders. For this stage of the restoration, we are restoring eight (8) of the figures at a
time and returning them to the carousel and then obtaining eight (8) additional figures
to be restored. We have completed and returned thirty-six (36) of the figures to date,
and are currently in the process of restoring eight (8) additional figure at our facility.
This carousel is a 16- section machine, with four (4) figures abreast and two (2)
chariots.
Carousel: George Schott
Year: 2000 - present
Contact: George Schott (207) 754 -3630
Lewiston, ME
Project: 100% of project completed by Carousel Works
Mr. Schott is a collector of antique figures created by masters M.C. Illions, Carmel and
Looff. Mr. Schott has entrusted Carousel Works, Inc. to faithfully restore and paint all of
the eighteen antique figures he has acquired over the past several years.
Carousel Works - Complete Reference List Page 9
Carousel Works, Inc.
Carousel: Hempstead Lake State Park Carousel
Year: 2004
Contact: Jack Heinlein (631) 669 -1000
New York State Office of Parks, Recreation & Historic Preservation
Empire State Plaza - Agency Building 1
Albany, NY 12238
Gary Grasso, R.A. (516) 571 -6888
(Gary is now employed with the County of Nassau Dept of Public Works,
but he was also involved with this carousel restoration.)
Project: 100% of project completed by Carousel Works
The Hempstead Lake State Park Carousel Restoration project consisted of the complete
disassembly, storage, transportation, and restoration of the mechanism, favade, and
figures and re- assembly of an antique, portable carousel. The thirty-two (32) wooden
figures and two (2) chariots were carved by M.C. Illions & Sons, and the mechanism and
frame were built by William F. Mangles. In addition to the wooden Illions figures, this
carousel also contained eight (8) cast aluminum figures manufactured by Allen
Herschell Co.
The carousel is a 14- section machine, with three (3) figures abreast and a 36 -foot
diameter platform. The restoration requirements for both the figures and fagade, and
the frame and mechanism were stringent with respect to maintaining the period look
and design of the artistic pieces. In addition to bringing the drive unit and electrical
systems up to code, this carousel restoration also required the construction of replica
pieces for almost all of the fagade work due to the extremely poor condition of the
original pieces. We also converted one (1) of the chariots to meet with ADA standards.
All original pieces not used on the carousel were returned to owner for their historic
value. This restoration was completed and the carousel installed in the early part of
2004.
Carousel: The Columbus Zoo Carousel (originally the Scioto Ranch Park carousel)
Year: 2000
Contact: Wayne Rogers (614) 645 -3438
Maintenance Supervisor, Columbus Zoo
9990 Riverside Drive
Powell, OH 43065
Project: 100% of project completed by Carousel Works
100% of band organ restoration by Stinson Band Organ Company
Carousel Works - Complete Reference List Page 10
Carousel Works, Inc.
The Columbus Zoo Carousel Restoration project consisted of the complete disassembly,
storage, transportation, and restoration of the mechanism, facade, and figures and re-
assembly of an antique carousel. This classic 1914 Mangels- Illions carousel consists of
fifty-two (52) horses and two (2) chariots. The figures were originally painted in the
"Coney Island" style. The frame and mechanism were built by William F. Mangles. In
addition to the carousel figures and frame, this project also contained the restoration of
a Wurlitzer 153 band organ. While the Stinson Organ Company of Bellefontaine, OH
restored the band organ mechanism; Carousel Works, Inc. provided the paint and
restoration for the band organ fagade.
The carousel is an 18- section machine, with (3) figures abreast and a 48 -foot diameter
platform. In addition to bringing the drive unit and electrical systems up to code, this
carousel restoration also required the construction of replica pieces for almost all of the
facade work due to the extremely poor condition of the original pieces.
All original pieces not used on the carousel were returned to owner for their historic
value. This restoration was completed and the carousel installed in the summer of
2000.
Carousel: Eden Palais Carousel (World's Largest Carousel)
Year: 1994 -2001
Contact: Robert Ridgeway (708) 639 -3769
789 Plum Tree Road
Barrington, IL 60010
Project: 100% of project completed by Carousel Works
This carousel restoration project for a private owner, Mr. jasper Sanfilippo,
encompassed the rehabilitation of part of the Eden Palais Carousel that was built in
France during the 1890's. This restoration consisted of the rehabilitation to the primer
stage of twenty-four (24) horses, five (5) gondolas, and the show front facade (94ft X
30ft dimension).
Carousel Works - Complete Reference List Page 11
Carousel Works, Inc.
Carousel: Cass County Carousel
Year: 1994 -1995
Contact: Bridgette Eberhardt (269) 574 -8725
Project: 100% of project completed by Carousel Works
The Cass County Carousel located at Riverside Park is a Dentzel Carousel with all
standing figures. This project consisted in the complete restoration of the figures,
fagade and frame.
Carousel: Public Museum of Grand Rapids Carousel
Year: 1993
Contact: Gary Fraser (616) 456 -3764
Grand Rapids, MI
Project: 100% of project completed by Carousel Works
The Public Museum of Grand Rapids Carousel project included the installation of a new
Drive Unit and bringing the electrical components up to code.
Carousel: Henry Ford Museum Carousel
Year: 1993-1994
Contact: Mary Fahey (313) 271 -1620, ext. 600
Dearborn, MI
Project: 100% of project completed by Carousel Works
The Henry Ford Museum Carousel Project consisted of the complete restoration of
fifteen (15) figures, including full documentation of original color. This Herschell-
Spillman Carousel is a 12- section machine, with three (3) figures abreast - the carousel
hosts thirty (30) figures and two (2) chariots.
Carousel: Indianapolis Children's Museum
Year: 1992
Contact: Bob Sutton (317) 334 -3618
The Children's Museum
PO Box 3000
Indianapolis, IN 46206
Project: 100% of project completed by Carousel Works
The Indianapolis Children's Museum Carousel restoration project consisted of
transporting a previously disassembled carousel to our facilities, the total restoration of
the frame and mechanism, and the re- assembly of the carousel at the museum.
Carousel Works - Complete Reference List Page 12
Carousel Works, Inc.
Carousel: The Battleship Cove Carousel
Year: 1990 -1991
Contact: Steve Parr (508) 324 -2000
Fall River Office of Economic Development
One Government Center
Fall River, MA 02722
Project: 100% of project completed by Carousel Works
The Battleship Cove Carousel restoration project consisted of transporting a previously
disassembled carousel to our facilities, the total restoration of the mechanism, fagade,
and figures and the re- assembly of the carousel into a new facility, which happened to
be the second floor of an existing building. This carousel was the Philadelphia
Toboggan Company Carousel No. 54, originally installed at Lincoln Park in North
Dartmouth in the 1920s. It consisted of forty-eight (48) horses, the twenty -eight (28)
inner and middle row horses are jumpers, and two (2) chariots. This restoration also
included the oil paintings, glass shields, rounding boards, ceiling panels, step -ups, the
remainder of the decorative enclosure, and bringing all the electrical components and
drive system up to code.
This carousel is an 18- section machine, with three (3) figures abreast and a 48 -foot
diameter platform. This frame consists of a wooden center pole supported and braced
by wood mudsills and braces.
Carousel: Santa Monica Pier Carousel
Year: 1990 -1991
Contact: Elaine Mutchnik (310) 656 -1698
Santa Monica Pier Restoration Corporation
201 Santa Monica Pier
Santa Monica, CA 90401
Project: 100% of project completed by Carousel Works
The Santa Monica Pier Carousel was built by the Philadelphia Toboggan Company (PTC
#62) in 1922. In 1990 -1991 we completed a total restoration of all the forty-three (43)
figures and two (2) chariots.
Carousel Works - Complete Reference List Page 13
Carousel Works, Inc.
Carousel: Bushnell Park Carousel
Year: 1989
Contact: Bushnell Park Foundation (860) 232 -6710
31 Pratt St, 3rd Floor
Hartford, CT 06103
Project: 100% of project completed by Carousel Works
The Bushnell Carousel Restoration project consisted of the complete disassembly,
storage, transportation, and restoration of the mechanism, facade, and figures and re-
assembly of the carousel. This classic 1914 Stein and Goldstein is an 18 section
carousel consisting of forty-eight (48) horses and two (2) chariots. The frame and
mechanism were built by William F. Mangles. In addition to the carousel figures and
frame, this project also contained the restoration of a Wurlitzer 153 band organ facade.
This restoration was completed and the carousel installed in 1989.
Carousel: Ross Park Zoo Carousel
Year: 1988 -1989
Contact: Dee Janis (607) 724 -5461
Ross Park Zoo
185 Park Avenue
Binghamton, NY 13903
Project: 100% of project completed by Carousel Works
The Ross Park Zoo Carousel restoration project consisted of the complete disassembly,
storage, transportation, and restoration of the mechanism, facade, and figures and re-
assembly of the carousel. The facade restoration included 16 scenery panels (with new
paintings), 16 Rounding Boards, 16 Rounding Board Shields. The figure restoration
included sixty (60) figures and two (2) chariots. This restoration of this classic Allen
Herschell carousel was completed and the carousel installed in 1989.
Carousel: Conneaut Lake Park Carousel
Year: 1987
Contact: Kris Wilson (330) 549 -5589
Conneaut Lake Park
R.D. 4, Box 283
Conneaut Lake, PA 16316
Project: 100% of project completed by Carousel Works
Carousel Works - Complete Reference List Page 14
Carousel Works, Inc.
The Conneaut Lake Carousel Restoration project consisted of the restoration of the
carousel frame, center surround, and scenery panels. The project also included
restoration of twenty-six (2 6) horses and eight (8) new wooden horses that were
carved in the Mueller style to fit the theme of the carousel.
Carousel: City of Bridgeport
Year: 1998 -1999
Contact: Greg Dancho (203) 394 -6575
Connecticut's Beardsley Zoo
1875 Noble Avenue
Bridgeport, CT 06610
Project: 100% of project completed by Carousel Works
The carousel restoration project for the City of Bridgeport, CT consisted of the
rehabilitation of thirty-seven (37) horses, two (2) chariots, and twenty (20) top
scenery panels for the carousel located at the Beardsley Zoo.
Carousel: Bland's Park Carousel (Now DelGrosso's Amusement Park)
Year: 1987
Contact: Peter Gardella (814) 684 -3538
DelGrosso's Amusement Park
Old Route 220
Tipton, PA 16684
Project: 100% of project completed by Carousel Works
The Blands Park Carousel Restoration project consisted of the restoration and painting
of Bland's Park's thirty -six (36) Herschell- Spillman carousel horses and two (2)
chariots.
Carousel: Riverside Park Carousel
Year: 1986 -1987
Contact: Unknown (The park has been sold to Six Flags)
Project: 100% of project completed by Carousel Works
The Riverside Park Carousel restoration consisted of the rehabilitation of the Illions
figures and chariots up to the primer stage. This project required us to strip the figures,
document the original colors, repair broken joints and cracks and seal the figures in
primer.
Carousel Works - Complete Reference List Page 15
Carousel Works, Inc.
Carousel: Lake Compounce Carousel
Year: 1985 -1986
Contact: Paul S. Serff - President (512) 476 -4472
(During this restoration projec4 Mr. Serjf was the President of Hershey
Entertainment Co. and our contact for the entire project.)
Texas Travel Industry Association
812 San Antonio St. - Suite 401
Austin, TX 78701
Project: 100% of project completed by Carousel Works
The restoration of the Lake Compounce Carousel consisted of the complete restoration
of the figures, facade, and frame of the Looff & Carmel carousel originally built in 1912.
No mechanical restoration was needed.
Carousel Works - Complete Reference List Page 16
Cotleur&
=Hearing Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane • Suite 1 • Jupiter, Florida - 33458 • Ph 561.747.6336 • Fax 561.747.1377 - www.cotleurheadng.com - Lic # LC- C000239
Downtown at the Gardens Carousel
Miscellaneous Petition for Art in Public Places
Project Budget
• Per section 78 -261 the cost is based on 1 % of vertical construction for a new
development.
• In 2005 Downtown at the Gardens was completed and was required to provide
artwork equivalent to the amount of $320,000 (1 % of vertical construction cost).
• Three artworks were provided that were valued at more than the required 1 % at
$360,000.
• Today the applicant is requesting to replace one of the three artworks which was
valued at $105,000.
• Since the applicant had originally provided $40,000 over the requirement, the
deficit for Downtown to comply with the requirement is $65,000.
• Estimated budget for new AIPP = $405,750
Cost of Carousel Unit
$350,000
Sound System
$3,000
Safety Rail
$15,000
Concrete Pad for unit
$6,000
Electric Service
$2,500
ADA Ramp to unit
$250
Ticket Booth
$4,000
Token Machine
$2,000
Benches
$6,000
Demolition and Excavation
$10,000
Lighting
$7,000
TOTAL
$405,750
,A
dn�
1 RESOLUTION 26, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
6 PLACES FOR DOWNTOWN AT THE GARDENS, GENERALLY
7 LOCATED WITHIN THE REGIONAL CENTER DRI /PCD AT THE
8 SOUTHEAST CORNER OF THE INTERSECTION OF GARDENS
9 PARKWAY AND ALTERNATE A1A, NORTH OF KYOTO GARDENS
10 DRIVE AT 11701 LAKE VICTORIA GARDENS AVENUE, AS
11 DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING
12 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
13 AND FOR OTHER PURPOSES.
14
15
16 WHEREAS, the City Council, as the governing body of the City of Palm Beach
17 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
18 Statutes, and the City's Land Development Regulations, is authorized and empowered
19 to consider petitions related to zoning and land development orders; and
20
21 WHEREAS, on February 17, 2005, the City Council adopted Resolution 19,
22 2005, thereby approving three (3) pieces of art for the art in public places requirement
23 for Downtown at the Gardens; and
24
25 WHEREAS, the City received a request from Kevin Berman on behalf of Berman
26 Enterprises for an approval of the proposed art in public places for the Downtown at the
27 Gardens commercial project, generally located within the Regional Center DRI /PCD at
28 the southeast corner of the intersection of Gardens Parkway and Alternate Al A, north of
29 Kyoto Gardens Drive at 11701 Lake Victoria Gardens Avenue, as more particularly
30 described herein; and
31
32 WHEREAS, the Growth Management Department has reviewed the application,
33 has determined that it is sufficient, and has recommended approval; and
34
35 WHEREAS, the Art in Public Places Advisory Board reviewed the petition (AIPP-
36 10 -03- 000026) at its April 20, 2010, public hearing and recommended approval by a
37 vote of 4 -0; and
38
39 WHEREAS, the City Council has considered the evidence and testimony
40 presented by the Applicant and other interested parties and the recommendations of the
41 various City of Palm Beach Gardens review agencies and staff; and
42
43 WHEREAS, the City Council deems approval of this Resolution to be in the best
44 interests of the health, safety, and welfare of the residents and citizens of the City of
45 Palm Beach Gardens and the public at large.
46
Resolution 26, 2010
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA that:
3
4 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
5
6 SECTION 2. The application is hereby APPROVED for the art in public places at
7 Downtown at the Gardens, subject to the general requirements provided by resolution for
8 the real property described as follows:
9
10 LEGAL DESCRIPTION
11
12 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE
13 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40
14 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
15
16 SECTION 3. This approval is subject to the following conditions, which shall be
17 the responsibility of the Applicant, its successors, or assigns:
18
19 1. The Applicant shall submit digital photographs of the installed artwork within
20 sixty (60) days of completion. (Planning & Zoning)
21
22 2. Prior to the acceptance of the art for Downtown at the Gardens, the
23 Applicant shall submit a copy of its logo and any mission statement of its
24 organization, with authorization for the City to use such information in future
25 publications. The artist's name, title of artwork, and description shall be
26 included. (Planning & Zoning)
27
28 3. The Applicant shall be responsible for the maintenance of the work of art.
29 (Planning & Zoning)
30
31 4. Prior to the submittal of the first building permit, the Applicant shall have a
32 pre - permit meeting with the City in order to meet applicable Codes and
33 standards for the installation of the art. (Planning & Zoning)
34
35 5. Prior to installation, the proposed educational material may be approved
36 administratively, provided it meets all City Code criteria. If the signage is
37 not consistent with the Code, it shall be approved by City Council.
38 (Planning & Zoning)
39
40 SECTION 4. This petition is approved subject to strict compliance with the
41 Exhibits attached hereto and made a part hereof as follows:
42
43 1. Downtown at the Gardens, Design Narrative for Carousel, received and
44 stamped by the City on April 8, 2010, 2 pages.
ER
Page 2 of 4
Resolution 26, 2010
1 2. Downtown at the Gardens, Lower Level Site Plan, received and stamped by
2 the City on April 15, 2010, 1 page.
3
4 3. Downtown at the Gardens, Carousel Site Plan, H. Paul Davis, Landscape
5 Architects, received and stamped by the City on April 8, 2010, 1 page.
6
7 4. Downtown at the Gardens, Rendering of Carousel, received and stamped
8 by the City on May 14, 2010, 1 page.
9
10 5. Downtown at the Gardens, Artistic Renderings and Details, received and
11 stamped by the City on April 8, 2010, 8 pages.
12
13 6. Downtown at the Gardens, Carousel Figures Listing, received and stamped
14 by the City on May 6, 2010, 1 page.
15
16 7. Downtown at the Gardens, Picture of Second Story Fence (Safety Fence to
17 match), received and stamped by the City on May 14, 2010, 1 page.
18
19 SECTION 5. Any and all future amendments to the Artwork shall be approved by
20 resolution of the City Council, except as otherwise provided in the Palm Beach
21 Gardens Code of Ordinances.
22
23 SECTION 6. This approval shall be consistent with all representations made by the
24 Applicant or the Applicant's agent at any workshop or public hearing.
25
26 SECTION 7. This Resolution shall become effective immediately upon adoption.
27
28
29
30 (Remainder of the page intentionally left blank)
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Page 3of4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Resolution 26, 2010
PASSED AND ADOPTED this day of , 2010.
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
M
R. Max Lohman, City Attorney
CITY OF PALM BEACH GARDENS, FLORIDA
M.
David Levy, Mayor
VOTE: AYE NAY ABSENT
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
G: \attorney_share\RESOLUTIONS\2010 \Resolution 26 2010 -aipp - DTAG Carousel.doc
Page 4 of 4
Design Vision
The carousel designed for Downtown at the Gardens was inspired by 4 goals:
1. Create a fun and whimsical atmosphere for both children and adults to play and discover art
in an exciting and educational way.
2. Create a nostalgic feeling for the young at heart
3. Create a Carousel which feels contextually at home within the modern architecture
framework of Downtown at the Gardens
4. Create a Carousel that is truly unique to Downtown at the Gardens inspired by the local
history and environment of the City Palm Beach Gardens, Palm Beach County and the state of
Florida.
Figures
The figures will be unique hand -carved and painted animals inspired by a 'horses in the garden' theme. They
are whimsical, fanciful, natural creations and are adorned with trappings found in nature, such as native birds
and flowers to our local region. As a child sits upon a figure, they will discover beautiful subtleties integrated
into the figure, like a small hidden butterfly or a bird perched on a nose. These are reminiscent of horses and
animals found in their natural habitat The most common figure is the horse, but there is a menagerie of other
animals. These other figures are a fun and lively smattering of animals native to the South Florida area, such
as the Loggerhead Sea Turtle, Sandhill Crane, Wood Stork, Manatee, and Blue Heron. Each figure will be
painted to allow the natural wood to "show through:' There will be a total of (2 7) figures, (2) spinning
chariots, and (1) chariot which will be ADA compliant
Center Surround
The Center Surround are the panels that cover the vertical components holding up the carousel. The top half
of these panels contains a mirror within a frame. These mirrors reflect light and brighten the carousel from
the inside out The middle section alternates between a replicated carving of the signature Palm Beach
Gardens Banyan Tree and a colorful painted arrangement of local flora and fauna. The bottom of the center
surround panels contains a framed painting of coastal colors.
Internal Mural
Above the Center Surround is the Internal Mural, which wraps around the inside of the carousel, and is hand
painted, depicting scenes of local marine life. The top band has been stenciled with names of the different
marine life.
Radiating Beams
There are beams radiating out from the mural: these are painted red on the underside with beautiful
stenciling on the face.
Rounding Boards
The Rounding Boards surround the outer canopy of the carousel. These are boldly painted, alternating panels
depicting native South Floridian birds in flight, and highlighting local history. The bird scenes are set in larger
panels with a blue background and framed in gold, while the scenes of local history are smaller panels, and
are set in beautifully carved Edwardian era type oval frames with oranges and orange blossoms cascading
from the top.
Carousel Base
The base of the Carousel will be built of Ipe wood. This is an environmentally sustainable wood with a strong
non -slip base with slight gaps between panel to prevent puddleing of water on the deck. The construction is
solid and functional. For the children who ride it, however, the experience will be unforgettable.
Downtown at the Gardens[♦
Design Narrative
Page 1 of 2
Education Material
Education material will be attached to the perimeter fence of the carousel. The materials will educate people
about various components of the carousel such as the artist's process of building the carousel, the historical
elements used in the rounding boards, and the plants and animals depicted in the scenes and figures.
Light Plan
The Carousel will be lit from dust until dawn from bulbs attached to its structure. The Carousel contains 270-
300 60 volts LED bulbs with an E14 base. The bulbs are attached to the underside of Carousel canopy so
they should not produce any unnecessary light pollution. The bulbs are LEDs, which are 75% more efficient
than incandescent with equal light output.
Downtown at the Gardens
Design Narrative
Page 2 of 2
or 4
a�
3
o v
N
E
f3 C
U
J �l
IL
o
i
yW/
W
!:
C
E
F
vll
u
a
CL
o
W
�
X
N
o E
0 z
Z
z
w
w
o a
�L-j g
s
11
w
te n.
O w
73
W
m
S
=
DUN
ok
Downtown at the Gardens
Rendering of Carousel
Page 1 of 1
r
ey i
r� x
P�
N
A
co .a
� a
'o 00
ao 0
ol v
0:
a
oa
a�
O 41
Q 1
ti
- T
r
5o'
� _46'S !R
_ t
+V
- T
r
5o'
� _46'S !R
_ t
y� ,h
a 1
-
4
,t y'
7 � -
w1�
Ar
1 � _
b_'
"kill.
�.
AL
} j
i
I '
pw.
- � •I .�. :t�.
1 �r
TYY
z
z
L9
R
a
' cs
�A
'd ao
Sao
'b cwo
3 �a
o
J
a U
a�
a
A 4j
a
na-
AL
r-AF
1p
O
A ,�a
zo
ce;;m
p K
M H A
00 so
rL K
tj
� p
y
ol
ip, A
�1 .
pow WOO&
r
Aft
now
T
M
Jaw
5�
L y_
Carousel Figures
Here's a list of the proposed figures will we choose from:
1. Sandhill Crane
2. Dolphin
3. Wood Stork
4. Large Mouth Bass
5. Great Blue heron
6. Manatee
7. Flamingo
8. Loggerhead Turtle
9. Sea Horse
10. Florida Panther
11. Spoonbill Rosette
12. Alligator
13. Frog
14. Mallard Duck
15. Burrowing Owl
16. Gopher Turtle
17. Orange (for spinning feature)
18.Teacup (for spinning feature)
19. Swan ADA Chariot
We expect to have 12 -15 Horses and 12 -15 other animals for a total of 27 figures. We
expect to have 2 spinning chariots and 1 ADA chariot.
44� 5 NIQ
W400"
Downtown at the Gardens
Carousel Figures List
Page 1 of 1
.00
Nk
1�
*%w
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution 27, 2010
Petition #: MISC- 10 -04- 000069
SUBJECTIAGENDA ITEM
Resolution 27, 2010: Downtown at the Gardens - Request to modify parking
agreement
Consideration of Approval: Donaldson Hearing, agent for Downtown at the Gardens
Associates, LTD. And IMI Kyoto Gardens I LLC, is requesting approval for a
modification to Condition No. 5 of Resolution 58, 2009, to allow for the continuation of
valet and employee parking on the Gosman property. Downtown at the Gardens is
located north of Kyoto Gardens Drive, east of Alternate A1A, south of Gardens
Boulevard, and west of the Landmark and Gardens Pointe developments.
[X] Recommendation to APPROVE for 18 months
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE: N/A
City Council Action:
Growth Management:
[ ] Rec. approval
City
Attorne y
Project
Costs: $ N/A
[ ]Rec. app. w/ conds.
R. Max L hm , Esq.
Mana g
Total
[ ] Rec. Denial
Richar . M r
[ ] Continued to:_
Interim Growth
Senior Planner
$ N/A
Management
Administrator
Current FY
Natalie M. Won , A CP�
[X] Quasi — Judicial
[ ] Legislative
Funding Source:
Accountan
[X] Public Hearing
Sarah Varga
[ ]Operating
Advertised:
Attachments:
[ ] Required
[X] Other NA
4-Applicant narrative
Development Compliance
q
❖ Resolution 66, 2007
Manage
[X] Not Required
❖ Resolution 58, 2009
L/
s• Resolution 27, 2010
Bahareh Wolfs, AICP
Budget Acct. #:
_
N/A
Approved By:
City Mana r
Affected Parties:
Rona M. erns
[ ] Notified
[X] Not Required
Meeting Date: June 3, 2010
Resolution 27, 2010
Page 2 of 5
EXECUTIVE SUMMARY
The subject request is for approval of an amendment to the agreement between the City
of Palm Beach Gardens and Downtown at the Gardens Associates, LTD., related to
parking at the Downtown at the Gardens site. On June 21, 2007, the City Council
adopted Resolution 66, 2007, which approved an agreement related to employee and
valet parking on the Gosman property. At the time, the temporary parking was needed
to fulfill the parking requirements for the Downtown at the Gardens (DTAG) site. Since
that time, the new owners, Berman Enterprises, have corrected the parking issues
through the adoption of Resolution 58, 2009, and the site meets all the requirements
today without counting the valet and employee parking on the Gosman property.
However, due to the heavy concentration of restaurant tenants located at the southern
portion of the shopping center, continuation of temporary parking will improve the
function and operational aspects of the southern portion of the project. The time
extension will allow Berman Enterprises to develop a long -term parking solution which
addresses the inadequate distribution of parking around the center where it is most
needed.
Currently, Condition No. 5 of Resolution 58, 2009 permits the applicant to temporarily
utilize the Gosman property until June 21, 2010. The applicant is requesting employee
and valet parking to continue for an additional 36 months, which would allow the parking
area to be utilized until June 3, 2013. Staff is supportive of the applicant's request, but
recommends the utilization of the temporary parking until December 21, 2011.
BACKGROUND
DTAG, the subject property, is located within the Regional Center Development of
Regional Impact (DRI), which was first approved by City Council on June 5, 2003, by
Resolution 91, 2003. The DTAG site plan allowed the development of 26,000 square
feet of neighborhood commercial, 220,745 square feet of retail /restaurant, 67,690
square feet (up to 3,220 seats) of cinema, 20,000 square feet of professional office, and
provided for a number of development waivers and conditions. Approved concurrently
was Resolution 93, 2003, which amended the DRI to allow the new mix of uses for
DTAG and revised the conversion matrix to include an equivalency provision.
On May 15, 2003, City Council adopted Resolution 92, 2003, which approved the lake
tract improvement site plan for the lake /park area within the DRI.
On December 18, 2003, City Council approved Resolution 212, 2003 to modify the site
plan by deleting an unaccounted 11,000 square feet, reduce the number of theater
seats to 3,130, and increase the regional retail square footage by 1,473 square feet.
On September 29, 2005, Resolution 120, 2005 approved an amendment to the DTAG
site plan and lake improvement plan of the DRI by modifying certain conditions of
Meeting Date: June 3, 2010
Resolution 27, 2010
Page 3 of 5
approval, deferring some elements of the lake improvement plan, adding unused
remaining DRI entitlements of 1,032 square feet of office space to the subject site, and
providing for other modifications and waivers. Specifically, the project received a waiver
to the screening requirement for the service court areas from public view.
On January 10, 2005, an administrative
allocation to 3,020 seats and reallocated
proposed buildings (M1 and M2).
approval revised the number of cinema
1,800 square feet of space between two
On June 21, 2007, Resolution 66, 2007 approved an agreement between Downtown at
the Gardens Associates, LTD. and the City related to the applicant's violation of the
project's Development Order (Resolution 120, 2005) in regards to parking requirements
at DTAG. The term sheet to the agreement provided temporary relief to the parking
issues while the applicant processed a long -range solution.
On September 24, 2009, the City Council approved Resolution 58, 2009, which
approved an amendment to the site plan, replaced the most current shared parking
analysis with parking regulations from the City Code, revised the lake area stage plan,
and approved a service area screening plan. It is important to note that this approval
remedied the parking issues noted in the agreement approved by Resolution 66, 2007
and Resolution 58, 2009. DTAG meets all required parking without utilizing any of the
off -site parking located on the Gosman property. However, due to the heavy utilization
of the valet parking and the success of the restaurants located at the southern portion,
continuation of the temporary parking located on the Gosman property will allow the
new owners additional time to address alternative parking solutions that will improve the
shopping center.
(The remainder of this page left intentionally blank)
Meeting Date: June 3, 2010
Resolution 27, 2010
Page 4 of 5
LAND USE & ZONING
The subject site is part of the Regional Center DRI. The site has a Professional Office
(PO) Future Land Use designation and a Planned Community
Development/Development of Regional Impact (PCD /DRI) zoning. The surrounding
land uses and zoning are provided in Table 1 (below).
Subject Property
Mixed Use
North
Residential
South
Office
East
Residential: Hotel
West
Vacant; Residential
TABLE 1.
Planned Community
Development (PCD) with
approved DRI /PCD Master
Plan
PCD with approved
DRI /PCD Master Plan
PCD with approved
DRI /PCD Master Plan
PCD with approved
DRI /PCD Master Plan
PCD within Bioscience
Research Protection
Overlay (BRPO);
Residential Low Density 1
(RL -1)
CONCURRENCY & PARKING
Professional Office (PO)
with approved DRI /PCD
Master Plan
Residential High (RH) with
approved DRI /PCD Master
Plan
PO with approved
DRI /PCD Master Plan
PO with approved
DRI /PCD Master Plan
Industrial within Bioscience
Research Protection
Overlay (BRPO);
Residential Low (RL)
The subject request does not affect the project's concurrency or parking approvals. It is
important to note that the proposed parking on the Gosman site is above and beyond the
amount required for the DTAG project and is not counted toward the project's overall parking
requirements.
Meeting Date: June 3, 2010
Resolution 27, 2010
Page 5 of 5
PROJECT DETAILS
The applicant proposes the following modification to Condition No. 5 of Resolution 58,
2009 (proposed language is underlined and language to be deleted is StFUGk):
5. The Dow_ ntown at the Gardens is permitted to use the temporary
parking on the Gosman property for valet and employee parking only.
In no case shall this parking be used by Downtown at the
Gardens beyond December 21, 2011, dune 21, 2010; without further
approval by City Council.
[Note: The proposed temporary parking on the Gosman property for employee
and valet parking is merely for convenience of the patrons and is not counted
toward the overall parking requirements for the project. As of this date, DTAG
meets all City parking requirements approved for the project. It is also important
to note that the applicant has requested the continuation of the temporary
parking for an additional 36 months; however, staff recommends the temporary
parking on the Gosman site not exceed a period of 18 months. The language
above reflects staffs recommended modification to the condition.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 27, 2010.
Li
uj
ti
w
>!a
WNw Uo5` : aaE naY U V R31 a �
YR 3 �
P-4 O
O 8Q
w x
A.
U� W o ....�'•` € I i
Zd
8
�1 3
0
0
�Q W Aga Gig
< �b !
rrhh U
MVWv�i
°Q8
Q�'a aS $ b ah yS �3 x as a $ 8 ;yjig
fix
oil if gist 9 Yv1z
le
SIR d
0 21
Q r a j #Q �psp =$ �$�qi }$ $bj $sorb a p! $pGg�
°a '9b�a..bir��7�':
1K l$pa9c$ena$$a a < :ra$ p
aag <Ya< $R at,
$ =iArg+��b
z W4 $ Ka $
c� q's$_ s� w<
6if> a$`$aYa! $ =aan7ag aa= $la<'pa $ aaaagY
nix a
lb W
x0
itla'aal A ril'T. ru A r/1.r
OOZI'Od �u 31a A Z/l w is A 3w ')
•ncae'ro)
0
H s11 w0 • pR's�9o'€rdb'� a� -
� � � 3
Z Ir
U� 2
j.In
<ax
►M1
M
6
°M1d4J�,M1ap
/
a O
a�
�r P yM1•�
Ma �'r0p
U
S
uw O
J
1�•
o p U
<
j
a
Uc
z
M1
R '
br��tl
p
�ma:�
ume
�yW
`/
�Wa
U tl
U� W o
M;�
b
4 >-----
11 U
0 Qi FS+i
to
Q� Ca sa.
EXJ
eu�o
WE.E,
I.11 W
�.'atai
U 17
A V]
w
o w
Q z o
U
*
Uo v
lh
V`
('ti mod
'L(d
WJQ7`
lM1 1
wou'aa�o
r A'yl�
11 �
o
��
W
Z
1�
�
uu<
N
1A�•
Q
npt'
'sow's an
ell Ij
MW as ss z a U1,11 ilia
E WW W Wh
cESrlf a� Fled a .Wa �p>SFEo.eaeY�$�tl�31 a� g$e; 'I
CS F al- i�:rrR .�iV`, "� .M1al ♦E�i Ntl� /;�
itla'aal A ril'T. ru A r/1.r
OOZI'Od �u 31a A Z/l w is A 3w ')
•ncae'ro)
W �
H s11 w0 • pR's�9o'€rdb'� a� -
� � � 3
Ln
b
'89
j.In
<ax
6
°M1d4J�,M1ap
!l
°gyp
�
a�
�r P yM1•�
Ma �'r0p
p n
�
E`�r�a
S
j L[L Od
'YL•11'a'Y 0(
EY)
Ar,
A V]
(y'a'ad
(,aa'Y0dd
nroa 4. )
•wolaw'o1 'L•Kmm
1NA)GY),0'LI ALn3B
jAVa
M1
R '
br��tl
p
�ma:�
ume
ZrZr wL, A " /1_)'N A I L o HI3
b
0 6 `y. Q,
` ba
W ,o
I – 3�f
b °
itla'aal A ril'T. ru A r/1.r
OOZI'Od �u 31a A Z/l w is A 3w ')
•ncae'ro)
W �
Ln
b
'89
=
�0
+.
6
°M1d4J�,M1ap
!l
°gyp
�
a�
�r P yM1•�
Ma �'r0p
p n
�
E`�r�a
S
Rz
bob
b
bea�ul,°�`o�s bY�
�Z�'��pq�njdd
§ w •S•'LSiI ,p'YI6 7.1I,CC.10"
'Y'07L tlOCnd 'ra•iywn) (aw
lral lW1R.=%j ']
Mr/a ') (wnwd w DYd 't wwa iY,C GMWI - 1� -r -•• ��•r_ —. -�
('acrd we nd tisrc 'ayn)
Stl3W03N10,1I1 1401SIn
LE,
I
I
�; N
N
o�so
'j a N &
iy
i
as ^a
f=ir
1.6 . ev
�I fill
— 781
R
4f
1 j
,ya
�gd
Q
o VPv
ZrKr'Zt7 � r)1 ! MYC
]S iY A 11x1 IL1a � V
IC,
=g c ,
MINIMA
11111-fifil
i
MIIMETR
*
1-12Wkill
.1011MMI
k:
ZrKr'Zt7 � r)1 ! MYC
]S iY A 11x1 IL1a � V
IC,
=g c ,
Cotleur&
HearingLandscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 - Ph 561.747.6336 • Fax 561.747.1377 • www.cotieurhearing.com • Lic # LC- 0000239
Gardens Corporate Center
Temporary Parking Lot
Miscellaneous Petition
Introduction
Downtown at the Gardens Associates, LTD. (applicant) and IMI Kyoto Gardens I LLC (property
owner) are jointly seeking a miscellaneous petition approval from the City to amend Resolution
66, 2007 and to permit an extension of the temporary parking lot on the Gardens Corporate
Center site. The temporary parking lot approval will expire this year and the applicant would
like to continue using the lot despite the fact that it is not required for the Downtown at the
Gardens project by code any longer. Keeping the temporary parking lot will assist Downtown at
the Gardens to provide off -site parking for employee and valet in a conveniently located area to
maximize the parking opportunities for patrons.
Specific Requests and Fees
Miscellaneous Petition (Base Fee) $1,650.00
Escrow Fee $1,000.00
Total Fees $2,650.00
Project Contacts
Applicant
Downtown at the Gardens Associates, LTD
5410 Edson Ln Suite 220
Rockville, MD 20852
Phone: 301 - 520 -3900
Fax: 301 - 816 -1556
Email: KBerman @Bermanenterprises.com
Agent /Planner
Cotleur & Hearing Inc.
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
Phone: 561 - 747 -6336 x128
Fax: 561 - 747 -1377
Email: Akalfin @ Cotleur- Hearing.com
Property Owner
IMI Kyoto Gardens I LLC
5750 Old Orchard Rd, Ste 400
Skokie, IL 60077 1061
Phone: 847 - 966 -9600
Fax: 847 - 966 -9628
rkobe @miller- capital.com
i
Gardens Corporate Center
Temporary Parking Lot
Miscellaneous Petition
CH# 00- 1003.04
April 14, 2010
Revised April 29, 2010
Revised May 11, 2010
Background
The temporary parking lot solution was approved by City Council in June 2007 by way of
Resolution 66, 2007. Condition five (5) of the Term Sheet required that an application for a
minimum of 160 gravel base parking spaces for valet and employee parking on the Gosman
property be submitted by June 27 2007. The application was approved as an administrative
amendment in September 2007, permits were issued and the parking lot was built
expeditiously per the condition of approval. Since that time, the temporary parking lot has been
used to relieve parking when the center was at its busiest. Downtown has also submitted and
been approved for a long term parking plan solution. The condition permitted the use of the
Gosman property for parking for a maximum of three (3) years from the date the Term Sheet
was approved; June 212007.
Request
The applicant proposes to modify condition five of Resolution 66 2007. The condition states:
5. Downtown will submit and the City will process in good faith a revised application for a
minimum of 160 parking spaces for valet and employee parking on the Gosman property
consisting of primarily a gravel base with portable lighting by June 27, 2007 and will start
construction within ten (10) days of all government permits. Downtown agrees to expeditiously
seek these permits. Downtown shall complete construction of the temporary parking on the
Gosman property within 90 days of starting construction. Downtown agrees to hold back
38,212 square feet of retail space and 3,655 square feet of office space until completion of the
parking lot on the Gosman property. Upon completion of construction on the Gosman property
and commencement of construction of the 4th floor parking, Downtown will only be required to
hold back 12,500 square feet of retail space and 3,655 square feet of office space, Downtown is
permitted to use the Gosman property for parking until such time as the long term parking plan
has been completed, but in no event for a period of tie in excess of three (3) years from the
date of this agreement with further approval of the City Council.
The applicant proposed to modify condition #6 as follows:
5. Downtown will submit and the City will process in good faith a revised application for a
minimum of 160 parking spaces for valet and employee parking on the Gosman property
consisting of primarily a gravel base with portable lighting by June 27, 2007 and will start
construction within ten (10) days of all government permits. Downtown agrees to expeditiously
seek these permits. Downtown shall complete construction of the temporary parking on the
Gosman property within 90 days of starting construction. Downtown agrees to hold back
38,212 square feet of retail space and 3,655 square feet of office space until completion of the
parking lot on the Gosman property. Upon completion of construction on the Gosman property
2
10
Gardens Corporate Center
Temporary Parking Lot
Miscellaneous Petition
CH# 00- 1003.04
April 14, 2010
Revised April 29, 2010
Revised May 11, 2010
and commencement of construction of the 4th floor parking, Downtown will only be required to
hold back 12,500 square feet of retail space and 3,655 square feet of office space, Downtown is
permitted to use the Gosman property for parking until such time as the long term parking plan
has been completed, but in no event for a period of tie in excess of thf2e (3) six 6 years from
the date of this agreement with further approval of the City Council.
Justification
The Applicant is requesting a miscellaneous petition to allow for a three -year extension of the
temporary parking lot on the Gardens Corporate Center (a.k.a. Gosman property) site directly
adjacent to the south end of the Downtown at the Gardens development. As discussed before,
the temporary parking lot is no longer required as part of the required parking for Downtown.
The fourth level on the northeast parking garage is complete and Downtown has provided a
long term parking solution for the site. However, keeping the lot will allow for conveniently
located employee and valet parking in a safe and convenient off -site location.
The existing paver crosswalk provides a safe and direct route across Kyoto Gardens Drive for
the employees and valet, while maximizing parking in close proximity to each tenant for
patrons. The temporary lot has alleviated the patron parking in the south end of the
Downtown site drastically due to the proximity of three major restaurants. By keeping this
temporary parking lot, the south parking areas in Downtown will continue to be relieved. The
temporary parking lot is being used today and has demonstrated to be a great asset for
Downtown and their valet service.
Conclusion
This applicant is proposing a miscellaneous petition to extend the approval for the temporary
parking lot on the Gardens Corporate Center site to be used by Downtown. All requested
changes /refinements are consistent with the Regional Center DRI Development Order, the City
Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The
Applicant is looking forward to working closely with staff throughout the review process.
3
9pEE Vt� iCIYdH W1Yd .ISBN
Nbld 39VNivsa 0NV 9NIAVd Ouz N LO
��..� s. :NO1idlaos3o � o
sulxnvu . suni,ns +oo wao,yao . sa3awow
�HI 's3ivi�ossro 9NINdVd AM OAR NVNS09 � —°
HVHOHOS 'H Tani -Om loaroaa wow
0
i
a
8
-- — —
I CO
arll
— yv, J S y
s S -}' a a 3.
'$
El a
o
.1 14 ■' t F 9�
i�
5�9
lJ
AS
S a
8
\A b
l°9!3
CD
CD
a
8�gg�8$i
:sti`g ;6
�y
m
r C>
4.
3i
/ r
_
: eW
#i3 a
o-
° '088 �'
lgj� gp
� Z
.
LA—
■"
s e o 1
-- — —
I CO
arll
— yv, J S y
s S -}' a a 3.
'$
El a
o
.1 14 ■' t F 9�
i�
5�9
lJ
AS
S a
\A b
all
Y z
a
_
`mm
sFr
Z Of
f�
3i
/ r
_
sdQV�k N,
s e o 1
-- — —
I CO
arll
— yv, J S y
s S -}' a a 3.
'$
El a
o
.1 14 ■' t F 9�
i�
5�9
AS
S a
\A b
all
Y z
a
_
`mm
sFr
5
f�
..47q.:�
-- — —
I CO
arll
— yv, J S y
s S -}' a a 3.
'$
El a
o
.1 14 ■' t F 9�
i�
5�9
Date Prepared: June 21, 2007
1
2
3 RESOLUTION 66, 2007
4
5
6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
7 BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT
8 BETWEEN THE CITY OF PALM BEACH GARDENS AND
9 DOWNTOWN AT THE GARDENS ASSOCIATES, LTD. RELATED
10 TO PARKING AT DOWNTOWN AT THE GARDENS; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, Downtown at the Gardens Associates, Ltd. ( "Developer") wishes to
15 resolve the various parking issues related to Resolution 91, 2003, as amended by
16 Resolution 212, 2003, Resolution 120, 2005, and the associated Administrative
17 Amendments; and
18
19 WHEREAS, the City of Palm Beach Gardens and the Developer wish to enter
20 into an Agreement to resolve said parking issues; and
21
22 WHEREAS, such Agreement has been prepared and is attached hereto; and
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves the Agreement
between the City of Palm Beach Gardens and Downtown at the Gardens Associates,
Ltd., and hereby authorizes the Mayor and City Clerk to execute the Agreement.
SECTION 3. This Resolution shall take effect immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Date Prepared: June 21, 2007
Resolution 66, 2007
PASSED AND ADOPTED this ZJr day of '7vp-c- , 2007.
ATTEST:
BY:
atticia 9hicler, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
CITY OF PALM BEACH GARDENS, FLORIDA
M
AYE NAY ABSENT
\ \Pbgvfil"ttorney\attorney_share \RESOLUTIONS \Downtown at the Gardens parking Agmt - reso 66 2007.doc
E
�4/
* *TERM SHEET"
Pursuant to our meeting earlier today, DOWNTOWN AT THE GARDENS
ASSOCIATES, LTD., ( "Downtown "), hereby submits this Term Sheet in an effort to resolve
the various issues in the CITY OF PALM BEACH GARDENS, ( "City") relating to Resolution
91, 2003, as amended by Resolution 212, 2003, Resolution 120, 2005, and the
associated Administrative Amendments.
The terms proposed by Downtown are as follows:
1. Downtown agrees to post $5.4 million surety for the additional parking as
defined in the Development Order within seven (7) days of the execution of this
Agreement. Surety shall be posted in the form of a letter of credit acceptable to the City
Attorney. If Downtown fails to construct the required number of additional parking spaces
as provided in the Development Order, then the City shall be entitled to call the Letter of
Credit. If the Letter of Credit is called the City shall deposit the proceeds in an interest
bearing escrow account and shall be entitled to utilize the funds for the construction of the
required parking. Any interest which accrues shall be paid to the City. Any unspent
proceeds from the Letter of Credit can only be disbursed to Downtown when the required
additional parking has been completed as evidenced by the issuance of a Certificate of
Completion. If Downtown constructs the additional required parking the Letter of Credit
shall be returned to Downtown when the Certificate of Completion is issued. The Letter of
Credit shall be issued by a bank that has an office in either Palm Beach, Broward or Dade
County. Upon posting Surety, the City shall release the Public Improvement Bond and
also reimburse Downtown's cash bond posted for the M2 Parking Lot.
2. Upon receipt of the Letter of Credit, the City will immediately issue building
permits for the Bing Crosby Restaurant, Pizza Girl Restaurant, and Cloud 10 retail store.
In addition, City will continue to issue building permits and occupational licenses to
subsequent tenants within the ordinary course of business.
3. Downtown will contract for and proceed with a 4 h floor expansion of the east
parking garage for approximately 240 parking spaces by August 1, 2007. Once
construction has started, Downtown will continuously pursue construction until completed.
4. Downtown's contractor will, prior to issuance of a building permit, post a
payment and performance bond with City as co- obligee in an amount equal to the certified
cost of the 40' floor expansion, which bond shall be typical in form of other bonds fumished
to the City in other projects.
5. Downtown will submit and the City will process in good faith a revised
application for a minimum of 160 parking spaces for valet and employee parking on the
Gosman property consisting of primarily a gravel base with portable lighting by June 27,
2007 and will start construction within ten (10) days of issuance of all government permits.
Downtown agrees to expeditiously seek these permits. Downtown shall complete
construction of the temporary parking on the Gosman property within 90 days of starting
construction. Downtown agrees to hold back 38,212 square feet of retail space and 3,655
square feet of office space until completion of the parking lot on the Gosman property.
Upon completion of construction on the Gosman property and commencement of
construction of the 4th floor parking, Downtown will only be required to hold back 12,500
square feet of retail space and 3,655 square feet of office space. Downtown is permitted
to use the Gosman property for parking until such time as the long term parking plan has
been completed, but in no event for a period of time in excess of three (3) years from the
date of this agreement with further approval of the City Council.
6. Downtown may convert the uses based upon City's parking requirements as
determined by the Growth Management Department, except Downtown agrees that the
total restaurant square footage of Downtown at the Gardens shall not exceed 92,986
square feet at any one time unless approved by the City Council. Any restaurant, retail or
office space that has been previously leased and vacated or any space subsequently
leased and vacated will be entitled to be re- leased and occupied by subsequent tenants.
7. The City acknowledges temporary use of the Kolter and Grand Bank
properties for temporary valet and employee parking. Downtown will deliver to City copy
of the Use Agreement with Kolter and Grand Bank. These agreements will remain in effect
until completion of the Gosman property construction.
8. Downtown will submit on or before August 1, 2007 an application for a long-
term parking solution which will include a significant office building as a component of the
solution. City agrees to use its best efforts to process the application as expeditiously as
possible.
9. Simultaneously, with the review of the application for the long -term parking
solution referenced in number 8 above, the City will resume processing NOPC11 and will
use it's best efforts to process the application as expeditiously as possible.
10. The 51 temporary parking spaces recently constructed on the M2 outparcel
will remain as permanent spaces until an approved Site Plan Amendment (contemplated
through the office building component) modifies the requirement.
11. Downtown acknowledges that it will be responsible for its pro -rata share of
the cost of the signalization of the intersection of Lake Victoria Gardens Avenue and Kyoto
Gardens Drive and PGA Boulevard. The signalization shall include all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting. Upon installation of the signal,
Downtown shall reimburse the City its pro -rata share.
PADOCSVwQ1T=m Sheet New.wpd
DOWNTOWN AT THE GARDEN ASSOCIATES, LTD.
M.
C.
!:1
F: \DMSVwg \Tam Sheet New2.wpd
CITY OF PALM BEACH GARDENS
OFFICE OF THE CITY ATTORNEY
DATE: June 21, 2007
TO: Mayor and City Council
1
FROM: Christine P. Tatum, City Attorney
C: Ron Ferris, City Manager
Kara Irwin, Growth Management Administrator
RE: Parking Agreement with Downtown at the Gardens
After several months of negotiating with representatives of Downtown at the Gardens,
we have today received the attached document proposing a resolution of certain issues
related to parking at Downtown at the Gardens. This will be presented to the Council
tonight as an addition to the June 21, 2007 Agenda under Resolutions.
If you wish to discuss this, please contact me or Kara Irwin.
I RESOLUTION 58, 2009
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING THE SITE PLAN FOR
6 DOWNTOWN AT THE GARDENS LOCATED WITHIN THE
7 REGIONAL CENTER DRIIPCD, AS DESCRIBED MORE
8 PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF
9 APPROVAL; TO REPLACE THE MOST CURRENT SHARED
10 PARKING ANALYSIS WITH PARKING REGULATIONS FROM CITY
11 CODE; TO REVISE THE LAKE AREA STAGE PLAN; TO PROVIDE
12 A SERVICE AREA SCREENING PLAN; PROVIDING CONDITIONS
13 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
14 OTHER PURPOSES.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City's Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the City received petition SPLA- 07 -08- 000007 from Downtown at
the Gardens Associates, LTD., for an amendment to the site plan approval for the
Downtown at the Gardens project on the approximately 35 -acre site located within the
Regional Center Development of Regional Impact (DRI) and Planned Community
Development (PCD), as more particularly described herein, to replace the most current
shared parking analysis with parking regulations from City code; to revise the lake area
stage plan; and provide a service area screening plan; and
WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay
with an underlying zoning of Commercial and Office; and
WHEREAS, the subject site is part of the Regional Center DRI approved by
Resolution 9, 1984, as amended; and
WHEREAS, the Downtown at the Gardens project was first approved by City
Council on June 5, 2003, by Resolution 91, 2003, which designated the mix and
amount of allowable uses and provided for a number of development waivers and
conditions; and
WHEREAS, Resolution 93, 2003 was approved concurrently to amend the DRI
allowing the new mix of uses for Downtown at the Gardens and revising the conversion
matrix to include an equivalency provision; and
WHEREAS, on May 15, 2003 City Council adopted Resolution 92, 2003, which
approved the lake tract improvement site plan for the lake /park area within the DRI; and
Resolution 58, 2009
1 WHEREAS, on December 18, 2003, City Council approved Resolution 212,
2 2003 to modify the Downtown at the Gardens site plan by deleting an unaccounted
3 11,000 square feet, reduce the number of theater seats to 3,130, and increase the
4 regional retail square footage by 1,473 square feet; and
5
6 WHEREAS, on September 29, 2005, Resolution 120, 2005 approved an
7 amendment to the Downtown at the Gardens site plan and lake improvement plan of
8 the DRI by modifying certain conditions of approval, deferring some elements of the
9 lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet
10 of office space to the subject site, and providing for other modifications and waivers,
11 including a waiver to the screening requirement for the service areas from public view;
12 and
13
14 WHEREAS, on January 10, 2005, an administrative approval revised the number
15 of cinema seats to 3,020 and reallocated 1,800 square feet of space between two
16 proposed buildings (M1 and M2); and
17
18 WHEREAS, on June 21, 2007, Resolution 66, 2007 approved an agreement
19 between Downtown at the Gardens Associates, LTD., and the City related to the
20 Applicant's violation of the project's Development Order, Resolution 120, 2005, in
21 regard to parking requirements at Downtown at the Gardens, and provided a term sheet
22 to the agreement outlining temporary relief to the parking issues while the Applicant
23 developed a long -range solution; and
24
25 WHEREAS, the subject site is in violation of the Development Order
26 requirements as provided in the term sheet of Resolution 66, 2007, specifically
27 regarding required parking and the expiration of the $5.4 million surety bond for the
28 construction of such parking; and
29
30 WHEREAS, Downtown at thP Gardens Associates, LTD., has completed
31 construction of 240 -space expansion to the existing parking garage, a 50 -space surface
32 parking lot, and other temporary parking arrangements; and
33
34 WHEREAS, the proposed site plan amendment would provide adequate parking
35 for the revised mix of uses as required by City code, would correct other outstanding
36 issues which remain outstanding as set forth in Resolution 66, 2007, and would
37 eliminate the need for the parking bond; and
38
39 WHEREAS, the Site Plan Amendment petition was reviewed by the Planning,
40 Zoning, and Appeals Board on June 9, 2009, which recommended its approval by a
41 vote of 7 -0; and
42
43 WHEREAS, the City Council has considered the evidence and testimony
44 presented by the Applicant and other interested parties and the recommendations of
45 the various City of Palm Beach Gardens' review agencies and staff; and
46
2
Resolution 58, 2009
1
2 WHEREAS, the City Council has deemed approval of this Resolution to be in the
3 best interest of the citizens and residents of the City of Palm Beach Gardens.
4
5
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
7 OF PALM BEACH GARDENS, FLORIDA that:
8
9 SECTION 1. The Site Plan Amendment petition (SPLA- 07- 08- 000007) from
10 Downtown at the Gardens Associates, LTD., is hereby APPROVED for the Downtown at
11 the Gardens project, located on a 35 -acre site, more or less, within the Regional Center
12 Development of Regional Impact (DRI) and Planned Community Development (PCD),
13 as more particularly described herein, in order to modify certain conditions of approval;
14 to reallocate the mix of uses allowed within the PCD in order to satisfy City required
15 parking regulations; to revise the lake area stage plan; and provide a service area
16 screening plan, subject to the conditions of approval contained herein, which are in
17 addition to the general requirements otherwise provided by ordinance:
18
19 LEGAL DESCRIPTION:
20
21 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE
22 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40
23 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
24
25 Planning and Zoning
26
27 1. Permits and occupational licenses for the Downtown at the Gardens site
28 shall be limited to a total of 271,050 square feet of mixed use shopping
29 center use, including up to 70,000 square feet of restaurant, and a total of
30 3,032 cinema seats (68,087 square feet), or the equivalent thereof, based
31 on parking and traffic equivalencies.
32
33 2. Prior to the issuance of each occupational license or building permit for
34 interior renovations of tenant spaces, the Downtown at the Gardens
35 Associates, LTD., its successors, assigns, or agent shall submit a
36 breakdown by use (retail, office, and restaurant) of the gross square
37 footage for lease for approval by the Growth Management Department with
38 the required parking allocations.
39
40 3. No service shall be extended to outdoor seating areas that are not included
41 as part of the restaurant allocation plan. Outdoor seating for restaurant
42 service shall be included in the total square footage for the restaurant.
43
44 4. The 50 -space temporary parking lot near the parking garage, directly east
45 of building M, shall remain as permanent spaces unless an approved site
46 plan amendment modifies the requirement.
3
Resolution 58, 2009
5. The temporary parking on the Gosman property shall no longer be required
upon City Council approval of this Resolution. In no case shall this parking
be used by Downtown at the Gardens beyond June 21, 2010, without
further approval by City Council.
6
6.
The Applicant, successors, or assigns shall have the option of building a
7
second parking garage on site in order to remove the limitations on square
8
footage allocations for specific uses. Landscaping and photometric plans
9
for the west parking garage shall be submitted to Growth Management for
10
review and approval. If the parking garage is proposed in a different
11
location or is not consistent with the approved master plan and elevations,
12
City Council approval shall be required for the square footage allocation,
13
site plan, elevations, landscaping, photometrics, and all other land
14
development regulations that apply during the site plan review process for
15
the second garage prior to construction.
16
17
7.
Prior to issuance of permits for the parking garage, the applicant,
18
successors, or assigns shall be required to bond the parking garage
19
improvements. Permits for new tenants that require the parking garage to
20
satisfy the City's parking requirements shall be permitted once the garage is
21
deemed 75 percent complete by the Building Official. No occupational
22
licenses for new tenants shall be permitted prior to issuance of certificate of
23
completion or final acceptance of the garage improvements.
24
25
8.
Downtown at the Gardens Associates, LTD., its successors, or assigns
26
shall complete installation of four (4) gates for service areas ( "K ", "H ", "E ", &
27
"l /J ") within the following timeframes:
28
29
• Service area "K" installed by March 31, 2010.
30
• Service areas "H," "E," & "I /J" installed by September 30, 2010.
31
32
9.
Within 30 days of City Council approval, Downtown at the Gardens
33
Associates, LTD., its successors, or assigns shall provide a cost estimate
34
for the cost of materials and installation of all service area gates, for review
35
and approval by the City in order to establish surety. The cost estimate
36
shall be signed and sealed by a professional registered in the State of
37
Florida. Surety will be based on 110% of the total combined approved cost
38
estimates and shall be posted with the City within 45 days of receipt of the
39
City's approval of the estimate.
40
41
10.
Service area gates shall be opaque and of a color and material compatible
42
with the building fagade, as shown on the Typical Courtyard Screen
43
rendering attached.
44
45
46
47
4
Resolution 58, 2009
1 11. A master lake park area plan shall be submitted prior to June 30, 2010, for
2 review and approval by City Council. The improvements proposed in this
3 plan, either a stage or other substitute improvements as agreed upon by the
4 City, will be completed by November 30, 2010.
5
6 12. Within 30 days of City Council approval, Downtown at the Gardens
7 Associates, LTD., its successors, or assigns shall provide a cost estimate
8 for a stage or other substitute improvements as agreed upon by the City,
9 including all landscaping and irrigation costs for review and approval by the
10 City in order to establish surety. The cost estimate shall be signed and
11 sealed by a professional registered in the State of Florida. Surety will be
12 based on 110% of the total combined approved cost estimates and shall be
13 posted with the City within 45 days of receipt of the City's approval of the
14 estimate.
15
16 Building
17
18 13. The stage terrace shall not be elevated more than 30 inches above grade
19 without a safety railing.
20
21 14. A safety railing on the lake retaining wall shall be installed by October 16,
22 2009. A building permit shall be required.
23
24 Code Enforcement
25
26 15. The lake side exterior wall face shall be regularly maintained in a manner to
27 present a clean and neat visual appearance.
28
29 16. Service area gates shall remain closed at all times, except when trucks are
30 in the process of loading or unloading.
31
32 17. Gates shall be installed so as not to block crosswalks while open, except for
33 the gate for service area "K," which shall only block the crosswalk while the
34 truck is picking up or dropping off the compactor.
35
36 SECTION 2. This amendment to the Downtown at the Gardens Site Plan is
37 hereby approved subject to strict compliance with the Exhibits attached hereto and
38 made a part hereof, as follows:
39
40 1. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, March 13,
41 2009, Sheet 1 of 4.
42
43 2. Downtown at the Gardens, Site Plan, by Cotleur Hearing, March 13, 2009,
44 Sheets 2 and 3 of 4.
45
46
5
Resolution 58, 2009
1 3. Downtown at the Gardens, Site Details, by Cotleur Hearing, March 13,
2 2009, Sheet 4 of 4.
3
4 4. Downtown at the Gardens, Master Plan — Alt. Plan Includes West Garage,
5 by Cotleur Hearing, revised May 22, 2003, Sheet 3 of 15.
6
7 5. Downtown at the Gardens, East Parking Garage and West Parking Garage,
8 Sheets PG -1 & PG -2, by Oliver, Glidden, Spina, & Partners, March 10,
9 2003.
10
11 6. Typical Courtyard Screen rendering.
12
13 7. Plans for Service Areas "E," "H," "K," and "I /J," by Glidden, Spina, and
14 Partners.
15
16 8. Downtown at the Gardens, Plan of Proposed Elevated Stage/Terrace,
17 overhead sketch, and section sketch.
18
19 SECTION 3. All previous conditions of approval shall remain in full force and
20 effect except as modified hereinabove.
21
22 SECTION 4. This Resolution shall become effective immediately upon adoption.
23
24
25 (The remainder of this page intentionally left blank)
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
N.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
40
41
42
43
44
45
46
47
Resolution 58, 2009
PASSED AND ADOPTED this dy day of %'.otv,., Qe,c , 2009.
ATTEST:
BY:
atricia Snider, C C, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY
CITY OF PALM BEACH GARDENS, FLORIDA
m
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
AYE NAY ABSENT
G:\ attorney_ share %RESOLUTIONS%2009NResolution 58 2009 - downtown at the gardens site plan amendment.doc
7
1 0 21, m��
1 RESOLUTION 27, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA AMENDING A DEVELOPMENT
6 ORDER CONDITION OF APPROVAL FOR DOWNTOWN AT THE
7 GARDENS LOCATED WITHIN THE REGIONAL CENTER DRI /PCD,
8 AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY A
9 CERTAIN CONDITION OF APPROVAL RELATED TO TEMPORARY
10 PARKING LOCATED ON THE GOSMAN PROPERTY; PROVIDING
11 AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
12
13
14 WHEREAS, the City Council, as the governing body of the City of Palm Beach
15 Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
16 Statutes, and the City's Land Development Regulations, is authorized and empowered
17 to consider petitions related to zoning and land development orders; and
18
19 WHEREAS, the City received petition MISC- 10 -04- 000069 from Downtown at
20 the Gardens Associates, LTD. and IMI Kyoto Gardens I LLC for an amendment to the
21 site plan condition of approval No. 5 of Resolution 58, 2009 for the Downtown at the
22 Gardens project located within the Regional Center Development of Regional Impact
23 (DRI) and Planned Community Development (PCD), as more particularly described
24 herein, to allow for the continuation of temporary parking for valet and employee
25 parking until December 21, 2011; and
26
27 WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay
28 with an underlying zoning of Commercial and Office; and
29
30 WHEREAS, the subject site is part of the Regional Center DRI approved by
31 Resolution 9, 1984, as amended; and
32
33 WHEREAS, the Downtown at the Gardens project was first approved by City
34 Council on June 5, 2003, by Resolution 91, 2003, which designated the mix and
35 amount of allowable uses and provided for a number of development waivers and
36 conditions; and
37
38 WHEREAS, Resolution 93, 2003 was approved concurrently to amend the DRI
39 allowing the new mix of uses for Downtown at the Gardens and revising the conversion
40 matrix to include an equivalency provision; and
41
42 WHEREAS, on May 15, 2003, City Council adopted Resolution 92, 2003, which
43 approved the lake tract improvement site plan for the lake /park area within the DRI; and
44
45
46
47
Resolution 27, 2010
1 WHEREAS, on December 18, 2003, City Council approved Resolution 212,
2 2003 to modify the Downtown at the Gardens site plan by deleting an unaccounted
3 11,000 square feet, reduce the number of theater seats to 3,130, and increase the
4 regional retail square footage by 1,473 square feet; and
5
6 WHEREAS, on September 29, 2005, Resolution 120, 2005 approved an
7 amendment to the Downtown at the Gardens site plan and lake improvement plan of
8 the DRI by modifying certain conditions of approval, deferring some elements of the
9 lake improvement plan, adding unused remaining DRI entitlements of 1,032 square feet
10 of office space to the subject site, and providing for other modifications and waivers,
11 including a waiver to the screening requirement for the service areas from public view;
12 and
13
14 WHEREAS, on January 10, 2005, an administrative approval revised the number
15 of cinema seats to 3,020 and reallocated 1,800 square feet of space between two
16 proposed buildings (M1 and M2); and
17
18 WHEREAS, on June 21, 2007, Resolution 66, 2007 approved an agreement
19 between Downtown at the Gardens Associates, LTD. and the City related to the
20 Applicant's violation of the project's Development Order, Resolution 120, 2005, in
21 regard to parking requirements at Downtown at the Gardens, and provided a term sheet
22 to the agreement outlining temporary relief to the parking issues while the Applicant
23 developed a long -range solution; and
24
25 WHEREAS, on September 24, 2009, Resolution 58, 2009 approved an
26 amendment to the site plan, replaced the most current shared parking analysis with
27 parking regulations from the City Code, revised the lake area stage plan, and approved
28 a service area screening plan; and
29
30 WHEREAS, the City Council has considered the evidence and testimony
31 presented by the Applicant and other interested parties and the recommendations of
32 the various City of Palm Beach Gardens' review agencies and staff; and
33
34 WHEREAS, the City Council deems approval of this Resolution to be in the best
35 interests of the health, safety, and welfare of the residents and citizens of the City of
36 Palm Beach Gardens and the public at large.
37
38
39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
40 OF PALM BEACH GARDENS, FLORIDA that:
41
42 SECTION 1. The miscellaneous petition (MISC- 10 -04- 000069) from Downtown
43 at the Gardens Associates, LTD. and IMI Kyoto Gardens l LLC is hereby APPROVED
44 for the Downtown at the Gardens project, located on a 35 -acre site, more or less, within
45 the Regional Center Development of Regional Impact (DRI) and Planned Community
46 Development (PCD), as more particularly described herein, in order to modify condition
2
Resolution 27, 2010
1 of approval No. 5 of Resolution 58, 2009, to allow for the continuation of temporary
2 parking on the Gosman property, not to be used beyond a date of December 21, 2011,
3 subject to the conditions of approval contained herein on the following described real
4 property:
5
6 LEGAL DESCRIPTION
7
8 ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12, 27.14, AND LAKE
9 VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40
10 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
11
12 Planning and Zoning
13
14 1. Downtown at the Gardens is permitted to use the temporary parking on the
15 Gosman property for valet and employee parking only. In no case shall this
16 parking be used by Downtown at the Gardens beyond December 21, 2011,
17 without further approval by City Council. (Planning & Zoning)
18
19 SECTION 2. All previous conditions of approval shall remain in full force and
20 effect except as modified hereinabove.
21
22 SECTION 3. This Resolution shall become effective immediately upon adoption.
23
24
25 (The remainder of this page intentionally left blank)
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
K
1 PASSED AND ADOPTED this
2
3
4
5
6
7
8
9
10 ATTEST:
11
12
13
14 BY:
15 Patricia Snider, CMC, City Clerk
16
17
18
19 APPROVED AS TO FORM AND
20 LEGAL SUFFICIENCY
21
22
23
24 BY:
25 R. Max Lohman, City Attorney
26
27
28
29 VOTE:
30
31 MAYOR LEVY
32
33 VICE MAYOR PREMUROSO
34
35 COUNCILMEMBER RUSSO
36
37 COUNCILMEMBER JABLIN
38
439 COUNCILMEMBER BARNETT
47
42
43
44
45
46
Resolution 27, 2010
day of , 2010.
CITY OF PALM BEACH GARDENS, FLORIDA
M
David Levy, Mayor
AYE NAY ABSENT
47 G:\attorney_ share \RESOLUTIONS12010U2esolution 27 2010 - Downtown at the Gardens parking Agmt amendment.doc
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution 20, 2010
Subject/Agenda Item: Resolution 20, 2010, re- establishing the Budget Oversight
Committee, providing a purpose, powers and duties, memberships, meetings and an
effective date.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Rev'
Originating Dept.:
Costs: $ -0-
Council Action:
rrney
(Total)
C' y
Finance
[ ]Approved
$
[ ]Approved w/
2-
Current FY
conditions
[ ] Denied
Finance Administrator
Funding Source:
[ ]Continued to:
Advertised:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
Resolution 20, 2010
[ x ] Not Required
N/A
Submitted by:
d4�2�-
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
Approved y:
[X] Not required
City Man ger
BACKGROUND: The current
year period by way of Resolut
Committee was extended for
June 19, 2008, the Committee
Resolution 53, 2008, until
accompanying Resolution 20,
period.
Meeting Date: June 3, 2010
Resolution 20, 2010
Budget Oversight Committee was created for a two (2)
Dn 121, 2004, and became effective June 3, 2004. The
two (2) year period by way of Resolution 64, 2006. On
was extended for another two (2) year period by way of
une 15, 2010. Therefore, staff has prepared the
?010, extending the Committee for another two (2) year
The term of the new committee shall be two (2) years, and shall comprise a total of five
(5) members. The committee shall have the following powers and duties:
1. Review the proposed operating and capital improvements budget as prepared
by staff.
2. Request information from staff in order to analyze the proposed operating and
capital improvement budget.
3. Review the recommended spending plan for compliance with current adopted
financial policies, i.e., fund balance levels, debt service coverage, etc.
4. Make a recommendation to Council during the budget adoption process
regarding the proposed operating and capital improvement budget, as submitted.
STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 20,
2010, re- establishing the Budget Oversight Committee, providing a purpose, powers
and duties, membership, meetings, and providing an effective date.
1 RESOLUTION 20, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA RE- ESTABLISHING THE BUDGET
6 OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS,
7 DUTIES, MEMBERSHIP, AND MEETINGS; PROVIDING AN
8 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
9
10
11 WHEREAS, Section 2 -83, Code of Ordinances, provides that the City Council
12 may, by resolution, create a committee whose purpose is to advise the City Council on
13 an item of a special nature and whose creation is for a stated period of time, at the end
14 of which time the committee will no longer exist; and
15
16 WHEREAS, Section 2 -83, Code of Ordinances, further provides that the
17 resolution creating such committee shall specify the purpose, powers, and duties of the
18 committee, and shall specify the number, qualifications, and terms of office of the
19 members thereof; and
20
21 WHEREAS, the current Budget Oversight Committee was created for a two -year
22 period as approved by Resolution 121, 2004 effective on June 3, 2004; and
23
24 WHEREAS, at the June 15, 2006, City Council meeting, Council approved
25 Resolution 64, 2006 re- establishing the Budget Oversight Committee; and
26
27 WHEREAS, at the June 19, 2008, City Council meeting, Council approved
28 Resolution 53, 2008 re- establishing the Budget Oversight Committee; and
29
30 WHEREAS, the City Council has deemed it to be in the best interests of the
31 citizens and residents of the City of Palm Beach Gardens to re- establish the Budget
32 Oversight Committee as modified herein.
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
36 OF PALM BEACH GARDENS, FLORIDA that:
37
38 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
39
40 SECTION 2. Creation.
41
42 There is hereby created the Budget Oversight Committee. This Committee is
43 created for a period of two (2) years from the effective date of this Resolution, but shall
44 only meet as provided in Section 6 herein. The Committee shall stand dissolved on that
45 date unless reviewed and extended by Resolution of the City Council.
46
Resolution 20, 2010
1 SECTION 3. Purpose.
2
3 The purpose of the Budget Oversight Committee is to provide citizen input for the
4 budget process.
5
6 SECTION 4. Powers and Duties.
7
8 The committee shall have the following powers and duties:
9
10 (1) Review the proposed operating and capital improvements budget as
11 prepared by staff.
12
13 (2) Request information from staff in order to analyze the proposed operating
14 and capital improvement budget.
15
16 (3) Review the recommended spending plan for compliance with current
17 adopted financial policies, i.e., fund balance levels, debt service coverage,
18 etc.
19
20 (4) Make a recommendation to Council during the budget adoption process
21 regarding the proposed operating and capital improvement budget, as
22 submitted.
23
24 SECTION 5. Membership.
25
26 The committee shall consist of five (5) regular members. All appointments shall
27 be for a term of two (2) years from the adoption date of this Resolution.
28
29 Members of the committee shall:
30
31 (1) Be either a resident of the City of Palm Beach Gardens or the owner and /or
32 operator of a business within the City; and
33
34 (2) Possess considerable experience in a financial related discipline, such as
35 banking, finance /accounting, management/management consulting, or be a
36 small business owner.
37
38 SECTION 6. Meetings.
39
40 Meetings shall be at the call of the chair, provided the committee shall convene
41 no less often than twice during the budget preparation cycle (June — September).
42
43 SECTION 7. This Resolution shall become effective immediately upon adoption.
44
45
46
47
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Resolution 20, 2010
PASSED AND ADOPTED this day of , 2010.
ATTEST:
M
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
M
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
CITY OF PALM BEACH GARDENS, FLORIDA
David Levy, Mayor
AYE NAY ABSENT
G:\attorney_ share \RESOLUTIONS\2010\Resolution 20 2010 - re- establish budget oversight committee.doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution 21, 2010
Subject/Agenda Item: Resolution 21, 2010, re- appointing five (5) regular members to
the Budget Oversight Committee, providing an effective date, and for other purposes.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
ReviVne
Originating Dept.:
Costs: $ -0-
Council Action:
(Total)
Cit
Finance
[ ] Approved
$
[ ]Approved w/
Current FY
conditions
J/aj- I I
[ ] Denied
Finance Administrator
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
Resolution 21, 2010
[ x ] Not Required
N/A
Submitted by:
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
Appro by:
[X] Not required
City Manager
Meeting Date: June 3, 2010
Resolution 21, 2010
BACKGROUND: Currently, all five Budget Oversight Committee members' terms will
be expiring on June 15, 2010. All of the members desire to continue their service on
the Committee; therefore, staff is recommending that L. Marc Cohn, Ken Menard,
Bernard Pettingill, Phillip A. Woodall, and Brandon Dorsey be re- appointed for two -year
terms expiring on June 15, 2012.
STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 21,
2010, approving the reappointment of L. Marc Cohn, Ken Menard, Bernard Pettingill,
Phillip A. Woodall, and Brandon Dorsey as regular members to the Budget Oversight
Committee.
O
TOM
O
N
1
O
O
N
.E
E
O
V
�1
s
L
O
�1
M�
W
O
O
N
M
N
CD
O
co
co
N
co
O
O
N
N
N
I-
O
O
N
O
O
M
O
O
O
N
Nadel
a
a
a
Q
a
O
O
�'Qaa
a
Q
a
a
a
M
O
O
N
a
d
el
a
a
a
a
a
N
O
O
Naaa
a
a
a
a
a
0
zzz
z
z
z
z
z
0
o�
;���
Ozzz
z
z
z
z
z
z
4
ozzz
z
z
z
z
z
T
O
N
7
D
(n
o
V
a
E
L
O
i
N
N
d
N
O
v
c
=
c
R
p
,�
c
�
�
L
mac
m _
-
�`D
O
N
ao
y
E
wo
m
O
J
Q
C
a
O
41
41
O
v
a
a
yr
N
a
O
z
v
0
z
Q
NLOMCM�-
y
C
i
C
y
Q
y
II
R
z
y
QNm
i
m
Y
a
m
u
Q
u
M
z
u
U
Cl
z
Q
z
X
w
r
N
0)
co
0-
N
U
C
(6
U
c
a�
Q
a�
E
E
O
U
t
.N
O
rn
m
1--t-
Application for City Advisory Board/Committee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided bylaw.
Name: �c / • ' 660G Home Address: /3S YLDOA► A Al*, -1
City: /' em 0&14 6kOi wip: Z43qi 9 Home Phone Number: 6 ?0 - 74V 2-Work Phone Number: (�)• 6 >`� p/t7
Years of Residency? ,LS E -mail address: #l.NCOW 30 /
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
❑ Art in Public Places Advisory Board
❑ Community Aesthetics Board
0aa --Education Advisory Committee
❑ Parks and Recreation Advisory Board
Q0* Economic Development Advisory Board
t0' Budget Oversight Committee
❑ Planning, Zoning & Appeals Board
(generally meets V Monday of each month at 5:30 p.m.)
(meets V Wednesday of each month at 5:30 p.m.)
(meets the 2 °d Wednesday of each month at 7:00 p.m.)
(meets the 3'd Monday of each month at 7 :00 p.m.)
(meets the 3rd Thursday of each month at 8:30 a.m.)
(generally meets twice a year during regular business hours.)
(meets the 2nd and 4`" Tuesdays of each month at 6:30 p.m.)
( *Required to file a statement of financial interest form)
If you have checked more than one hox, which would be your:
I' Choice f&U a. 2"d Choice Sft AoeteP Choice % e- )4"t
Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes (X ) No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee?
Which one(s)
Previous service on County Boards or Committees? ( ) Yes (x) No
Which one(s) Date(s) of Service:
Are you able to attend: (?C) daytime meetings ( fie) evening meetings
)Yes(X)No
would you hope to accomplish by participating? XA; C04[ e1g 6 Z W A.-4 OA irSa
OITCM.ttr FVU- VL,ent C611efic k/AS At Ast A- 9reutrr.'r Pea CI.U.YI
K M4 F -& 11 Mr; L_A%7, 14, t1'ear s '.XT be /Ie vG r% is Or p-! K I CQCC t.6
Address: _
Profession:
Position:
Are you registered in the State of Florida? Another State: S
Are you licensed in the State of Florida: Another State: %j
Do you possess a City of Palm Beach Gardens occupational license? A ' o
How long have you practiced the above profession?
Preferred mailing address: (x) Home ( ) Office
Aeeevn r, re 1 F, n ,rrtc, W y woulc
NoK/cur.lre is, I" —A'0K 71Ls, /*at-
3LV -"1 cc ^a l+n,x 0WACO "If out n
welt sv, ran txK a rKab" aQ rA,
l s rcN olees r, A*%w #,41 r kry o .
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( }d) No
Please explain:
05-24-06 Al 1 :13 RCVD
Professional Background (Please check the appropriate boxes)
❑ Visual, performing or literary arts.
❑ Architect, Architecture designer, landscape designer
❑ Urban planning/design
❑ Arts and cultural institution management �o '
K Building construction owK aO C vA-e vj t wL. Cennt we-n o'%
❑ Horticulture and landscaping
• Youth or adult educator
• Own/operate a business in the City.
* 7f Member of Business Development Board No`th Palm Beach County Chamber of Commerce r GA Corridor Association.
❑ Attorney
❑ Engineer
)W Real estate professional
• Land surveyor
• Banker
�1 Accountant
>� Other Wo xr& r4�&- 84orcIE►L
By Code (Ordinance 17, 2004), some Boards/Committees have specific requirements for membership
Educational Background:
Diploml Degree or Certificate Institution Course of Study
13.5 yAtvac #In1 4 µo 4uovATr14 G IF nA%C --c
wf 1!31 12 Cyeh i rS TawA-46s IMA*f0W -,q r'n
Are you registered to vote in Palm Beach County? ( t/IY'es ( ) No -&P"v f- .l rrn j Z,d;ote
Have you participated in civic or community activities: Yes:( ) No: (�& )
If yes, please explain:
I understand Zduties, role and time commitment to the Boards or Committees to which I have applied.
V e iy v G
ignature Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify) S/bCe w ! n+ 0/me Lcv..(
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl 33410
(561) 799 -4121
Applications will be kept on file in the City Clerk's office for two (2) years.
FOR USE BY CM OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Application for City Advisory Board/Committee Appointment
Please .Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: "p(1111 d. J)DeSE'-( Home Address: /J2 _,171OPiV jQVV ei V e
City: 10AM '7E4K,y "b Zip: 95YI g Home Phone Number: W) 77!11729 Work Phone Number: 0) 2lg • 1941,p
Years of Residency? E -mail address: Wor S" d G darocApi4 -n I • nc-t
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
I' Art in Public Places Advisory Board
❑ Community Aesthetics Board
❑ Parks and Recreation Advisory Board
W" Economic Development Advisory Board
N' Budget Oversight Committee
❑ Planning, Zoning & Appeals Board
(meets 3rd Tuesday of each month at 5:30 p.m.)
(meets 1" Wednesday of each month at 5:30 p.m.)
(meets the 3rd Monday of each month at 7:00 p.m.)
(meets the 2 "' Thursday of each month at 8:30 a.m.)
(meets the 4 "' Thursday of each month at 8:30 a.m.)
(meets the 2 "d and 4'h Tuesdays of each month at 6:30 p.m.)
( *Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
19' Choice &&A11 M, 2 "' Choice 6 yda t__ 3`J Choice ft,_z i A P_6
Are you currently serving on a Palm Beach Gardens Board or Committee?
Which one(s)
Previous service on City Boards or Committees? ( ) Yes ( VINo
Which one(s) Date(s) of Service:
4 GeOriV 1 �rA�SI6,U
Bae�1� D
Yes ('�No
Are you currently serving on a Palm Beach County Board or Committee? ( V) Yes ( ) No
Which one(s) 14 ii 66
Previous service on County Boards or Com ittees? ( ) Yes (✓�No
Which one(s) Date(s) of Service:
Are you able to attend: ( ✓) daytime meetings ( ✓evening meetings
What would you hope to accomplish by participating?
Ut.G nw.. G�u.o�ii.��o nAA nono,C 4,, fW-+ IN✓01Nf_f1 AAJA
Present Employer: Pfau
Address: '444 S. Fl%4ttiL 'Dp- Ve GsPfi.Fl 33ya1
Profession: do nt.1, /y 4'U,► &Er1f.AJ7-
Position:1`1,;t T.uuE5iMf•+i gmem
Are you registered in the State of Florida? � Another State:
Are you licensed in the State of Florida: T Another State:
Do you possess a City of Palm Beach Gardens occupational license? Ai it
How long have you practiced the above profession? / � t2„9
Preferred mailing address: Home ( ) Office
Could your occupation pr ent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( ✓ ) No
Please explain: Aly IAA&%YMhtrf 4rx" &,a Mi A6A6i_1 & Me GrRed6C15. �� O�y ��
A4f 15QWD 5'w" X bw- alkwo
Professional Background (Please check the appropriate boxes)
❑ Visual, performing or literary arts.
❑ Architect, Architecture designer, landscape designer
❑ Urban planning/design
❑ Arts and cultural institution management
❑ Building construction
❑ Horticulture and landscaping
❑ Youth or adult educator
❑ Own/operate a business in the City.
❑ Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
❑ Attorney
❑ Engineer
❑ Real estate professional
❑ Land surveyor
Li Banker
❑ Accountant
or Other v�'OT
By Code (Ordinance 17, 2004), some Boards /Committees have specific requirements for membership
Educational Background:
Diploma, Degree or Certificate II Institution Cours e of Study
/'k�-Si�j2 Obi�n�� t`fQ/WrN , FoRr OAF f�TG H NA �v G t
Are you registered to vote in Palm Beach County? ( /)Yes ( ) No
Have you participated in civic or community activities: Yes: ( ✓) No: ( )
If yes, please explain: AS 4 M—y-,M&'K. ea ?7sE efA4 !n srs,ril£.
l WAS R MfrA.4&9- ur Pwjt --'s 4 c ,69:'M Or K...,4 40'
tund;the ies, role and time commitment to the Boards or Committees to which I have applied.
O
Si Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: y Community Group: Newspaper (specify) _
City's direct mail Brochure: Other: (specify)
Prior to submitting an application you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, Fl 33410
(561) 799 -4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Brandon A. Dorsey
182 Thornton Drive
Palm Beach Gardens, FL 33418
561- 7754798
As The Chief Investment Officer of Aduro Asset Group, I am responsible for global asset allocation, modeling,
performance attribution analysis, screening and monitoring alternative investment managers for Aduro Asset Group's
Fund Complex (multi - strategy platform). This platform invests across all asset classes including foreign exchange,
option arbitrage and private equity strategies.
Investment Responsibilities:
Chief Investment Officer, Portfolio Manager (July 2007 - Present)
Aduro Asset Group, LLC, West Palm Beach, FL
• Perform the required due diligence of prospective and existing money managers to asses performance and make
allocation recommendations.
• Monitor, analyze and benchmark client portfolios and run equity, hedge fund, and fixed income analytics to
illustrate strengths and weaknesses of the investment platform in a portfolio context.
• Market the fund to endowments, trusts, pension funds, and other accredited investors.
• Recommend portfolio allocations to implement strategic changes including additions, withdrawals, hiring and
firing of external investment managers.
• Prepare a quarterly investment update for clients regarding the current investment environment, the Firm's
investment strategy and the direction of the firm in conjunction with the CEO, CFO and COO.
Additional Responsibilities:
• Develop an in -depth understanding of the alternative investment arena through monitoring and collecting
research and attending conferences.
• Pro - actively initiate appropriate action to deal with operational and investment management issues.
• Manage a team of portfolio managers and maintain a high level of team spirit and motivation.
• Contribute to the development of high value marketing materials to support business development efforts.
• Play an active role in the development of the strategy of Aduro Asset Group and its future direction.
• Act as an important "commercial" face towards investors and prospects.
MAJOR ACCOMPLISHMENTS AT NORTHSTAR CAPITAL MANAGEMENT:
Northstar became an independent firm on July 1, 2000. Originally, our group was an autonomous product team and
profit center of Loomis, Sayles & Company. As that firm restructured, the Florida team elected to acquire the
operation and maintain the integrity of their products while continuing to offer the same investment style and service
since the Team was established in 1992.
• 100% client retention for Northstar's fixed income clients since the firm's inception.
0 Generated competitive returns versus the Lehman G/C Index, Lehman Aggregate Index, Lehman 5 year
Municipal Bond Index and/or Lehman 7 year Municipal Bond Index over a 5 year market cycle.
• Promoted to Vice President and Head of Fixed Income in January 2005.
• Assisted in adding 19 million in new tax- exempt business since 2004.
• Assisted in adding 11.5 million in new taxable business since 2005.
Responsibilities:
Vice President, Portfolio Manager/Head of Fixed Income and Trading (January 2005 — June 2007)
Associate (July 2000 — December 2004)
Trader /Analyst (March 1999 - June 2000)
Northstar Capital Management, Inc., Palm Beach Gardens, FL
• Developed quantitative and fundamental models on equity and/or fixed income securities in Excel or on
Bloomberg.
• Analyzed prospective client portfolio holdings to screen for areas where Northstar can add value.
• Recommended the suitability of companies or industries for investment in weekly meetings.
• Managed fixed income client portfolios based on specified objectives ($70 - $200 million in assets).
• Attempted to outperform the Lehman G/C or Aggregate Index over a full market cycle by investing in treasury,
agency, corporate and/or mortgage bonds.
• Attempted to outperform the Lehman 5 year or 7 year, Municipal Bond Index, over a full market cycle.
a
r
• Created and execute relative value strategies to enhance fixed income portfolio returns.
• Maintained files of initiation research reports on companies to assess industry dynamics and a company's core
competency.
• Reviewed research services quarterly and recommend changes based on usage, quality and/or cost.
• Created a trading platform for three offices with combined assets of $2.2 billion.
• Traded asset- backed, corporate, mortgage, government agency and treasury bonds /notes.
Fixed Income Portfolio Assistant (September 1997- February 1999)
Loomis, Sayles & Company, L.P., San Francisco, CA
• Reviewed economic news, used Bloomberg as a research tool and consulted internal analysts to create an
economic outlook.
• Researched portfolios for pricing and position discrepancies to avoid a performance error.
• Created presentation booklets showing performance, portfolio characteristics and an economic overview.
Global Cash Reconciliation Specialist (July 1996 - August 1997)
Brown, Brothers and Harriman & Co. (BBH), Boston, MA
• Reconciled all investment activity in accounts that held assets in South America, Mexico and Canada.
• Presented updated market practices assessing the political and economic risks associated with investing in the
reconciled territories.
Global Cash Manager (September 1994 - April 1995)
The Boston Company (Mellon Trust), Boston, MA
• Invested excess cash into various overnight vehicles.
• Performed trade settlement/affirmation, F/X transactions and communicated with investment advisors.
EDUCATION:
Florida Atlantic University Florida
Graduate School of Business
Master of Business Administration (Concentration in Finance), April 2004, GPA: 3.$0
Boston College, Massachusetts
Carroll School of Management
Bachelor of Science in Marketing, May 1994
AFFILIATIONS:
• Chainman of the Pension Committee, Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc.,
2007 — Present
• Vice Chairman of the Board, Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc., 2004 —
2007
• Board Member, Healthy Mothers/Healthy Babies Coalition of Palm Beach County, Inc., 2000 - 2003
• Treasurer, Boston College Alumni Association of Palm Beach County, 2003 - 2004
• Mentor, William T. Dwyer High School's Academy of Finance, 2000
COMPUTER/SOFTWARE SKILLS:
Axys/Moxy, Baseline, Bloomberg, ILX, StockVal and more
EprTIM
L' J -
Application for City Advisory Board/Committee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: KEN Ammzm, Home Address: = E- GARDEN QAXn �-1 Re-LE
City: PALM BEMA RDENS Zip: 33q 10 Home Phone Number: (61.1) La J� Work Phone Number: (!%/) 630'
Years of Residency? 5 YEARS E -mail address: Vehme(N(VA Q, ker %meno,rd , ez r,
�t.UortKED IN VDG 13 -IRS WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
❑ Art in Public Places Advisory Board
JW Community Aesthetics Board
❑ Parks and Recreation Advisory Board
❑ Economic Development Advisory Board
Budget Oversight Committee
JXI Planning, Zoning & Appeals Board
(meets 3'd Tuesday of each month at 5:30 p.m.)
(meets I" Wednesday of each month at 5:30 p.m.)
(meets the 3'd Monday of each month at 7:00 p.m.)
(meets the 3`d Thursday of each month at 8:30 a.m.)
(meets the 4`h Thursday of each month at 8:30 a.m.)
(meets the 2 "d and 4th Tuesdays of each month at 6:30 p.m.)
( *Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1S` Choices., 2 "d Choice 3'd Choice G�OMMW3t?
S
Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) Yes ()<) No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes (X) No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee?( )Yes(X)No
Which one(s)
Previous service on County Boards or Committees? ( ) Yes (x) No
Which one(s) Date(s) of Service:
Are you able to attend: ()( ) daytime meetings ()( ) evening meetings
What would you hope to accomplish by participating?
fiFeWs toome RmyE wiTAid THE BRING A FRESH LOCK AT HOUR 7%E TOWN U14 K lm"Zva;
pw A &hots DWMP -Ws Pr;s r✓C1uE. NMI A CoMKu► SENSE APMacA PRorA A BvSl"ss %1fAT_0r -_% W
Present Employer: MEMKRbS WW&yLTwQ TEWmEsIuc. --dboo GAS`I 06t0vm0cy
Address: 9091 fS. M14.11'K%J TRA1L. 1(. . PAS k saa GARDENS, FL 334f/o
Profession: COMtolmik aoN"LThNT / t'mQi4E _ft..
Position: OWNER /CEo
Are you registered in the State of Florida? YES Another State: NO
Z
Are you licensed in the State of Florida: NO Another State: NO
Do you possess a City of Palm Beach Gardens occupational license? yF_5
How long have you practiced the above profession? 42a 'YEOWS
Preferred mailing address: ( ) Home ( <) Office
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes (>C) No
Please explain:
I Professional Background (Please check the appropriate boxes)
By Code (Ordinance 17, 2004), some Boards /Committees have specific requirements for membership
Educational Background: FULL. RESUME FwAIN+aLE wok) RmossT
Diploma, Degree or Certificate Institution Course of Study
Ct.n55E5iPKEksibVJPRDS how- 4GREE MNX4- COMM•CXLErE BusltdlrySAMIW %MANA6EMHNT
CA"WItTRY DIPI,OVAN HOW. CA61dk-i R.I.T. 5EAML CARPENTRY
Mmelum1MRrMorSIeN CaR• ATFb. MMM. C&LEBE NoVELL CNE (AZERMIED NWNELL. EN- SWEEP,
DIPLOMA CAMP. PADC, INStiTVTE FGjiCrRnNIMSrh!6M►uT9-P- RFPA)A
Are you registered to vote in Palm Beach County? (X )Yes ( ) No
Have you participated in civic or community activities: Yes: (X ) No: ( )
If yes, please explain: RME OWNERS A550oRT10t4 COMMITI'IES , FDt dE -"L0RE -S, a6LLEGE ADVISORY BOARDS,
DERF SE W%eE CENTER_ of 41ALM DEP&A epum 'y Wwwmp R. .
I understand the duties, role and time commitment to the Boards or Committees to which I have applied.
Signature a Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify) 0141(5 HOA
Prior to submitting an a plication, you are encouraged to attend one meeting.
Date attended: C6 7 0 051 OS
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799 -4121
Applications will be kept on file in the City Clerk's office for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
❑
Visual, performing or literary arts.
❑
Architect, Architecture designer, landscape
designer
❑
Urban planning/design
❑
Arts and cultural institution management
/1
Building construction
❑
Horticulture and landscaping
❑
Youth or adult educator
,10
Own/operate a business in the City.
/Z
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
❑
Attorney
❑
Engineer
BRo"it1ER 49- IS AN E4- 02NICAAN
•
Real estate professional
51sTEiz AiF 1 1,5 AN ARCH' 11 -FO.T
•
Land surveyor
61tqeR �*G, 15 AN AW.0UWrANT
•
Banker
gR IN ER *'i I 15 A QoHPM?- ?MG-RNMMER
❑
Accountant
, . , AWD -T WENT To 5cf W%. Foci QkA?EN -rM , BU *r WENT INTO COMPU
1a
Other CARPENTER
By Code (Ordinance 17, 2004), some Boards /Committees have specific requirements for membership
Educational Background: FULL. RESUME FwAIN+aLE wok) RmossT
Diploma, Degree or Certificate Institution Course of Study
Ct.n55E5iPKEksibVJPRDS how- 4GREE MNX4- COMM•CXLErE BusltdlrySAMIW %MANA6EMHNT
CA"WItTRY DIPI,OVAN HOW. CA61dk-i R.I.T. 5EAML CARPENTRY
Mmelum1MRrMorSIeN CaR• ATFb. MMM. C&LEBE NoVELL CNE (AZERMIED NWNELL. EN- SWEEP,
DIPLOMA CAMP. PADC, INStiTVTE FGjiCrRnNIMSrh!6M►uT9-P- RFPA)A
Are you registered to vote in Palm Beach County? (X )Yes ( ) No
Have you participated in civic or community activities: Yes: (X ) No: ( )
If yes, please explain: RME OWNERS A550oRT10t4 COMMITI'IES , FDt dE -"L0RE -S, a6LLEGE ADVISORY BOARDS,
DERF SE W%eE CENTER_ of 41ALM DEP&A epum 'y Wwwmp R. .
I understand the duties, role and time commitment to the Boards or Committees to which I have applied.
Signature a Date
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify) 0141(5 HOA
Prior to submitting an a plication, you are encouraged to attend one meeting.
Date attended: C6 7 0 051 OS
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799 -4121
Applications will be kept on file in the City Clerk's office for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Kenneth E. Menard
8510 E. Garden Oaks Circle
Palm Beach Gardens, FL 33410
SUMMARY
(561) 309 -0131 Cell
(561) 625 -6669 Home
kenmenard @kenmenard.com
www.kenmenard.com
Solid experience in all phases of business and organizational operations. Strong management skills with the ability to think
outside the box to develop a team environment in all facets of business. Experience in running a business, accounting tasks,
budgets proposals & development, and dealing with the public on various levels. Strive to become more active in the local
government by means of serving on boards, committees, and charitable events. Extensive knowledge of computers, computer
networks, and cabling and wire installations.
EXPERIENCE
Computer Consultant, MENARDS Consulting Services, LLC, Palm Beach Gardens, FL, May 2002 — Present
• Computer Repair and Service for 400 customers in greater Palm Beach Gardens area (2002 -2004)
• Purchased EASY COMPUTING, iNC. in May 2004 — Kept current location and expanded client base to
over 4500 customers from Southern Blvd, to Wellington, to Martin County Line, to Atlantic Ocean.
• CEO of company. Management of Staff, Sales, A/P, A/R, Cash Flow, Advertisement, Purchasing, and all
other facets of running a company in South Florida.
• Became a Dell Authorized Solution Provider, Dell Partner, and Dell Reseller.
• See website for further details: www.kenmenard.com / www.easycomr)utinciinc.com
Director of Information Technologies, Ballenlsles Country Club, Palm Beach Gardens, FL, 1996 — 2002
• Management and maintenance of Novell NetWare file servers for five companies
• Management and maintenance of fiber optic cabling, CAT5 Ethernet cabling, and telephone cabling
• Support, purchasing, design, and maintenance of 156 computers and 32 networked printers
• Maintenance of 15 Point -Of -Sale terminals and hot printers in three restaurants on property
• Management and support of NEC NEAX 2400 PBX telephone switch with 185 handsets on property
• Management of entire I.T. staffing, training personnel, outside vendors, and sub - contractors
• Yearly budget development for capital purchases and repair, and maintenance for five companies
• Maintenance and support for Channel 63 private community cable television
• Management and support for all software upgrades (ex: Kronos, ADP, Timberline, etc.)
Co- Owner, Herbal Solutions, Inc., Simsbury, CT, 1993 —1995
• Management and maintenance of Novell NetWare file server for retail store
• Support, and maintenance of Microsoft Access customized database for retail sales
• Management of sales and shipping staff personnel
• Advertising, marketing, training, and publication of monthly newsletter
• Management of inventory, purchasing, and shipping functions
Network Engineer, DPF Data Services, Glastonbury, CT, 1992 - 1993
• Novell CNE (Certified Novell Engineer)
• Novell network design, setup, and installations for customers
• Hardware and software repair for customers
• Inventory control, and new product evaluations
Network Engineer, Micro Networks of America, Farmington, CT, 1989 - 1992
• Novell CNE (Certified Novell Engineer)
• Novell network setup, testing, and installation for customers
• Hardware and software repair for customers
• Management of in -house intern personnel and sub - contractors
• Junior Purchasing Agent, Inventory control, and new product evaluations
Building Maintainer, Public Works, Town of East Hartford, East Hartford, CT, 1986 -1987
• Perform carpentry tasks as assigned by Public Works Director
• Renovation of (5) five town fire houses, (painting, new tile floors, sheet rock, and structural braces)
• Renovation of Police Department and Police Explorer Trailer
• Building maintenance of Town Hall and Annex buildings
Kenneth E. Menard
8510 E. Garden Oaks Circle
Palm Beach Gardens, FL 33410
EDUCATION
(561) 309 -0131 Cell
(561) 625.6669 Home
kenmenard @kenmenard.com
www.kenmenard.com
Electronic Technologv and Computer Repair, Computer Processing Institute, East Hartford, CT, 1991- 1992
Novell CNE, (Certified Novell Engineer), Greater Hartford Community College, Hartford, CT, 1990 - 1990
(Classes Taken Towards): Assoc Degree in Business Admin, Manchester Comm. College, Manchester, CT, 1987 - 1989
Carpentry Diploma, Howell Cheney Regional Vocational Technical School, Manchester, CT, 1981— 1984
COMMITTEES AND BOARDS
Architectural Control Committee, Garden Oaks Home Owners Association, Palm Beach Gardens, FL, 2007 — Present
Finance Committee, Garden Oaks Home Owners Association, Palm Beach Gardens, FL, 2007 — Present
Business Advisory Board, Lincoln Tech, West Palm Beach, FL, 2007 — Present
Business Advisory Board, PC Professor, West Palm Beach, FL, 2004 - Present
Fund Raising Committee, Deaf Service Center of Palm Beach County, West Palm Beach, FL, 2002 — 2006
Police Explorer Associate Advisor, East Hartford Police Department, East Hartford, CT, 1986 - 1989
REFERENCES (Business & Personal)
Business: Harriet Katz, 186 Commodore Drive, Jupiter, FL 33477 (561) 762 -0263
Business: Marty List, The List Companies, 223 Sunset Avenue, Suite 110, Palm Beach, FL 33480 (561) 758 -8535
Business & Personal: Arlene Monti, 13403 William Meyers Court, Palm Beach Gardens, FL 33410 (561) 346 -7350
Business & Personal: Dan Mattson, 10429 St. Andrews Road, Boynton Beach, FL 33436 (561) 762 -2923
Personal. Daniel Berk, 100 Lakeshore Drive, Apt #1255, North Palm Beach, FL 33408 (561) 889 -3110
c 1
Application for City Advisory Board/Committee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name *fm 0&&L- - Home Address: t-1 awaiwS L m- CT_
City: Q Zip: 3 Home Phone Number: (�►f - -!Wk Phone Number: ( ) _yG'jJ'4P
Years of Residency? 14S E -mail address: r C�r1.H,
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
O Art in Public Places Advisory Board (generally meets 1" Monday of each month at 5:30 p.m.)
O Community Aesthetics Board
(meets I" Wednesday of each month at 5:30 p.m.)
O Education Advisory Committee
(meets the 2 "d Wednesday of each month at 7:00 p.m.)
arks and Recreation Advisory Board
(meets the 3rd Monday of each month at 7:00 p.m.)
Economic Development Advisory Board
(meets the 3`d Thursday of each month at 8:30 am.)
l' Budget Oversight Committee
(generally meets twice a year during regular business hours.)
❑ Planning, Zoning & Appeals Board *
(meets the 2 "d and 4A Tuesdays of each month at 6 :30 p.m.)
( *Required to file a statement of financial interest form)
If y one box, which would be your:
15` 1 ice JjUj>49JV�d Choice 0/h
Are you currently serving on a Palm Beach Gardens Board or Committee? ( ) yes (f�No
Which one(s)
Previous service on City Boards or Committees? ( ) Yes No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee?( )yes(Y)NO
Which one(s)
Previous service on County Boards or Committees? ( ) Yes (Vj No
Which one(s) Date(s) of Service:
Are you able to attend: (V) daytime meetings ( VJ) evening meetings
What would you hope to accomplish by participating?
_VV_ - kwg��4A is)
Present Employer:
Address:
Profession:
Position:
Are you registered in the State of Florida? Another State:
Are you licensed in the State of Florida: V/ Another State:
Do you possess a City of Palm Beach Gardens occupational license? &0
How long have you practiced the above profession? 16717 — It.1r'
Preferred mailing address: (✓SHome ( ) Office
Could your occupation pre ent a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( ✓)No
Please explain:
, �•P-tofesslonal Background (Please check the appropriate boxes)
❑ , Visual, performing or literary arts.
* Architect, Architecture designer, landscape designer
O Urban planning/design
O Arts and cultural institution management
❑ Building construction
❑ Horticulture and landscaping
❑ Youth or adult educator
❑ Own/operate a business in the City.
❑ Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
❑ Attorney
• Engineer
• Real estate professional
• Land surveyor
• Banker
❑ Accountant
❑ Other C40 1-TIN d 0C�Q/JO ^4
r By C, d O 17, 2004), som Boards /Committees have specific requirements for membership
Educational Background:
Diploma, Demee or Certificate Institution Course of Studv
Are you registered to vote in Palm Beach County? (e)Yes ( ) No
Have you participated in civic or community activities: Yes: (/) No: ( )
If yes, please ex lain: LQRal )
I understandthe duties, role and time commitmentto the Boards or Committ ees to which I have applied.
Xxs Signature U `v Date `C
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify)
Prior to submittingan application, you are encouraged to attend one meeting.
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F1 33410
(561) 799 -4121
Applications will be kept onfile in the City Clerk'sofcefor two (2)years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
I? 1
VilA
BERNARD FRANCIS PETMGILL, JZ. ,PH.D.
Consulting Economist
#1 Carlisle Court
P. G.A. National
Palm Beach Gardens, FL 33418
561- 622 -0330. 1- 800 - 662 -03300 561- 346 -7828 (Portable)
E -mail: biffpettggate.net
Fax: 661 -624 -2864
Education:
Graduate Manchester University, Manchester, England, January 1977' Ph.D. - Economics,
Department of Economics and Social Administration. Dissertation: Cost- Benefit Analysis of
the Treatment of Arthritis - A Comparison of Five Hospitals."
Graduate Tulane University, New Orleans, Louisiana, June 1973, MPH- Master Public Health,
Department of Health Economics and Medical Care Administration
Graduate Loyola University, New Orleans, Lwisiana, June 1971 and June 1969; MBA -
Economics, BBA - Business Administration
Organizations:
Member, American Economic Association, 1983 - Present.
Member, American Academy of Economic and Financial Exerts, 1998 - Present.
Member, National Association of Forensic Economists, 1989 - Present.
Member, National Association cf Business Economists, 1990 - Present. (Member Health
Roundtable)
Member, Health Economics Study Group, Great Britain, 1973 - Present.
Member, DECUS - Computer User Society, 1979 - Present.
Member, Gideons International, 1978 - Present (Past President).
Member, Rotary International, 1983 - Present.
Member, Health and Safety Cbmit t*ee, Chamber of Commerce, 1984 - 1988.
bi - , Emergency Medical Service, Inc„ New Orleans, Louisiana, 1977 -1979,
Member, International Health Economics Association (IHEA), 1999 - Present.
Licensed, State of Florida and State of Louisiana, Health and Life Insurance. No.
43972 -6317 (FL), Series 6 (N.A.S.D.)
Experience:
Summer - Professor of Economics, Florida Institute of Technology, Graduate
1988 to Business School, Treasury Coast Graduate Center, Stuart, Florida.
1996 Taught Advanced Macroeconomics, Managerial Economics, Iii Care
Economics, Microeconomics and Macroeconomics at the graduate level.
(Retired)
Pettingill
Page 2
1987- Professor of Economics, Rinker School of Business, PALM BEACH
1988 ATLANTIC COLLEGE. Taught Micoreconomics, Macroeconomics, Free
Enterprise System and International Economics.
1980- Associate Professor, College of Business Administration, UNIVERSITY
1987 OF SOUTHWESTERN LOUISIANA, Lafayette, Louisiana. Taught
undergraduate and graduate courses in Economics, Finance and
Management.
1978- Assistant Professor and Administrative Assistant, Department of Medicine,
1980 LSU MEDICAL CENTER, New Orleans, Louisiana. Principal duties at
Medical School included lectures in Medical Economics, grant writing,
and computer - assisted data analysis.
1977- Assistant Professor, Department of Economics and Management,
1978 UNIVERSITY OF NEW ORLEANS, New Orleans, Louisiana. Taught
undergraduate and graduate level courses in Economics and Health Care.
1975- Research Associate in Department of Economics and Social
1977 Administration, UNIVERSITY OF MANCHESTER, Manchester,
England. IA1 appointment: Lecturer in Economics and Course
Coordinator of the Administrative Development Course for Hospital
Administrators.
1974- Research Fellow at the Centre for Studies in Economics and Social Policy,
1976 London, England, Pty task ww a case study of Wigan Community
Health Council. Research published in a sequel to the book, Politics of
Consumer Reoresentation, by R. Klein and J. Lewis, Centre For Studics
in Social Policy, London, England.
Publications:
Pettingill, B. "Wigan Ccm maityHealth Council," in Community Health Councils: Four Case
Studies: ed. Janet Lewis (Centre for Studies in Social Policy, Publ.) 1976, pp. 87 -98.
Pettingill, B. "Cost- Effectiveness of Chiropractic Treatment in Louisiana -A Feasibility Study."
Louisiana Journal of Chironractics, September- October, 1977, pp. 9 -10.
Pettingill, B. "Review of a History of Economic Thought." by William J. Barber. Review of
Business and Economic Research, X1II, Fall 1977, pp. 111 -112.
Pettingill, B. "A Feasibility Study of the Cost - Effectiveness Analysis of Rheumatoid Arthritis
in Great Britain," Ph. D., Thesis, Manchester Business School Publication, January 1977,
p. 276.
Pettingill, B.F. "Cost- Effectiveness Analysis in the Hospital." Dimensions in Health Service
- Canada, January 1978, pp. 19 -20.
M
Pettingill
Page 3
Pettingill, B. and Lmgdon, C. "Views on Youth Employment: A Survey of Businessmen and
Vocational Counselors in the Greater New Qde1 m Area." Business Review, Louisiana
Tech Publishers, March 1979, pp. 23 -28.
Villere. M. and Pettingill. B. "Transactional Analysis: An Effective Management Tal for
Medical Record Supervisors." Medical Record News. Journal of the American Medical
Record Association, December, 1979, pp. 96 -100.
Pettingill, B. "Physicians' Estimates of Disability vs. Patients' Reports of Pain."
Psvchosomatics, December 1979, Vol. 20, No. 12, pp. 827 -830.
Pettingill, B. and Langdon, C. "The Problem of Teenage Workers as Viewed by New Orleans
Businessmen, " Louisiana Business Survey, Fall 1979, pp. 6 -8.
Langdon, C., Pettingill, B.F., Bhatia, S, "Vocational - Technical Education in Region I of
Louisiana," Research Study Number 44, Division of Business and Economic Research,
University of New Orleans, May 1982,p. 124.
Payne, Stephen L. and Pettingill, B.F. "How Much Theft (n you Tolerate ?" Securi
Management, August 1982, pp. 100 -102.
Langdon, Charles, Pettingill, B.F., and EhFdja S. "Vo -Tech in Metro New Orleans: The
Students and the Schools," Louisiana Business Survey, Summer 1982, pp. 9 -11.
Pettingill, B.F., Bhatia, S., and Langdon, C. "The Counselor - Firstline Manager in the
Vocational Technical Educational Sysbau, Vocational Guidance Quarterly (December,
1985, pp. 14 -17).
Payne, S., and Pettingill, B.F. "Theft Perceptions." The Personnel Administrator October
1983, pp, 102 -111.
Pettingill, B.F. and Payne, S. "Shrinkage - Another Area of Supply Costs," Hospital Tonics,
May -June 1984, pp. 12 -15.
Pettingill, B.F., et al. "A Hospital Linen Cost Control System," Southern Hospitals, May -June
1984, pp. 62 -64.
Pettingill, B.F. and Stafford, John, M.D. "The Insurance Carriers Can Contribute to the
Reduction in Health Care Costs," City Business, January 1984, pp. 4 -5.
Pettingill, B.F. and Soioer, Wayne, M.D. "The Consumer at the Hand of Cost Containment,
Quality Medical Care vs. Cost - Consciousness," Medical Economics (submitted May
1988).
Pettingill, B.F. and Watson, Marie, "One System of Health Care Delivery Hospital
Administrators Cannot Afford to Overlook," Hospital Topics, September 1984, p. 111-
114.
1
Pettingill
Page 4
Pettingill, B.F. and Westell, Hariette, "Management of Diagnostic Related Groups," Hospital
Topics, Vol. 62, No. 4, August 1984, pp. 68 -70.
Pettingill, B.F. "Competition for the Consumer," Citybusiness, July 1984, pp. 14 -16.
Pettingill, B.F. "Award Winning Tax Angle," Tax Angles, Vol. X, No. 4, April 1984, pp. 28-
29.
Pettingill, B.F. and Payne, S. "Copingwith OrganizationalPolitics," Supervisory Management,
April 1986, pp. 28 -32.
Pettingill, B.F. and Payne, S. "Obstacles to Improving Student Creativity in Management for
13JEdIlM, "Journal of Education for Business, March 1986, Vol. 61, No. 6, pp. 271 -275.
Pettingill, B.F. and Payne, S. "Management and Values Education," published in 3MA
Proceedings, November 1985, pp, 349 -352.
Pettingill, B.F. and Perrin, Warren A. "Estimating Future Medical Maintenance Expenses,"
Louisiana Bar Journal, October 1986, pp, 149 -152.
Pettingill, B.F. and Payne, S. (Co- author), "Managementand Value Education," Organizational
Behavior Teaching Review, Vol. XI, No. 1, 1986 -87, pp. 18 -27.
Pettingill, B.F. and Payne, S. "Faculty Perceptions of Student Values," Southern Management
Association, Dennis F. Ray (ad ) pp. 437 -440_
Pettingill, B.F. and Griest, D. "Hospital Downsizing," Journal of Hospitals, forthcoming
October, 1988, pg. 91 -95.
Pettingill, B.F. "How An Economist Sets A Value on Human Life ", Palm Beach Post_ Editori al,
May 1989.
Pettingill, B.F. and Eriksen, Michael, "Case Management: Evaluating a Firm's Caseload Using
a Cost - Benefit Approach," The Trial Lave er, Vol. 22, No. 5, September - October, 1999.
Pettingill, B.F., "Exiting a Managed Care Contract," Florida Medical Business, Vol. 15,
No. 16, July - August, 2002 (www.MedicalBusiness.com)
Application for City Advisory Board/Committee Appointment
Please Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: Phillip A. Woodall Home Address: 13 Dorchester Circle
City: Palm Beach Gardengil83418 Home Phone Number: 66b b26- 927 (lWork Phone Number: 561) 707-6-707
Years of Residency? 301rs . E -mail address: pabwoodall @bellsouth . net
WHICH BOARD OR COUNUTTEE ARE YOU APPLYING FOR:
❑ Art in Public Places Advisory Board
• Community Aesthetics Board
• Parks and Recreation Advisory Board
• Economic Development Advisory Board
Budget Oversight Committee
Planning, Zoning & Appeals Board
(meets 3rd Tuesday of each month at 5:30 p.m.)
(meets I° Wednesday of each month at 5:30 p.m.)
(meets the 3r+ Monday of each month at 7:00 p.m.)
(meets the 2 8d Thursday of each month at 8:30 a.m.)
(meets the 0 Thursday of each month at 8:30 a.m.)
(meets the 2°d and 4d' Tuesdays of each month at 6:30 p.m.)
( "Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1" ChoicXudget 2n" Choice PlanninRACi3 W—Rg
Are you currently serving on a Palm Beach Gardens Board or Committee?
Which one(s)
Previous service on City Boards or Committees? ( ) Yes (%gj No
Which one(s) Date(s) of Service:
) Yes (XK) No
Are you currently serving on a Palm Beach County Board or Committee? ( ) Yes ( %$ No
Which one(s)
Previous service on County Boards or Committees? ( ) Yes (XK) No
Which one(s) Date(s) of Service:
Are you able to attend: kK ) daytime meetings §M ) evening meetings
D
0
i
What would you hope to accomplish by participating?
Continue ra improve nn the nasality of the finances of The City of Palm Beach Gardens.
Contiam.- t„ ;,..,., .,a the civa — ,.� hasAi.. ;:pity with my 30 yrs. of living
Present Employer: Grand Bank & Trust of Florida and working in the comunity.
Address: 3601 PGA B vd . , Palm Beach Gardens, Fla. 33410
Profession: Banking
Position: Vice President and Market Manager
Are you registered in the State of Florida? Another State:
Are you licensed in the State of Florida: Another State:
Do you possess a City of Palm Beach Gardens occupational license?
How long have you practiced the above profession?
Preferred mailing address: ( X� Home ( ) Office
Could your occupatio went a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes) No
Please explain.
Professional Background (Please check the appropriate boxes)
• Visual, performing or literary arts.
• Architect, Architecture designer, landscape designer
• Urban planning/design
• Arts and cultural institution management
• Building construction
• Horticulture and landscaping
❑ Youth or adult educator
• Own/operate a business in the City.
• Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
• Attorney
• Fatgineer
• Real estate professional
• Land surveyor
N Banker
❑ Accountant
❑ Other
By Code (Ordinance 17, 2004), some Boards /Committees have specific requirements for membership
Educational Background:
Ih_ploma, Degree or Certificate Institution Course of Study
A.S. Degree Business /Banking Pala Beach roc lrlry C Ilege
Co crnnpr T.Pnd i ng anti Cammerci a l Lending Florida Sch of of Banking
Are you registered to vote in Palm Beach County? ( Wes ( ) No
Have you participated in civic or community activities: Yes: (gg) No: (
If yes, please explain: PGA Corridor Association and Rotary Club
I and es role an "me commitment to the Boards or Committees to which I have applied.
1gnaturePhillip A. Woodall Date August 22, 2008
How did you learn about the Board or Committee for which you have applied:
City's Web site: Community Group: Newspaper (specify) —3 X
City's direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799 -4121
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
RESOLUTION 21, 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPOINTING FIVE (5) REGULAR
MEMBERS TO THE BUDGET OVERSIGHT COMMITTEE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Resolution 64, 2006 provides for the Budget Oversight Committee to
be comprised of five (5) regular members; and
WHEREAS, Section 2 -90, Code of Ordinances allows the reappointment of
members for no more than six (6) consecutive years; and
WHEREAS, the City wishes to reappoint five (5) members to the Budget
Oversight Committee to fill expiring terms; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the reappointment of the
following individuals as regular members of the Budget Oversight Committee:
Reaular Member
L. Marc Cohn
Ken Menard
Bernard Pettingill
Phillip A. Woodall
Brandon Dorsey
Term
Expiring 6/15/2012
Expiring 6/15/2012
Expiring 6/1512012
Expiring 6/15/2012
Expiring 6/15/2012
SECTION 3. This Resolution shall become effective immediately upon adoption.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND ADOPTED this day of
ATTEST:
1M
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER BARNETT
Resolution 21, 2010
2010.
CITY OF PALM BEACH GARDENS, FLORIDA
In
David Levy, Mayor
AYE NAY ABSENT
G:\ attorney_ share\RESOLUTIONS\2010\Resolution 21 2010 - re- appointment - budget oversight committee.dom
2
e.- -''sue
a{� 11h
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
DATE: May 26, 2010
FROM: Sheryl Stewart, Human Resources AdministratorI
SUBJECT: Resolution of collective barqaininq impasse between the Citv and the SEIU /FPSU Union
BACKGROUND:
The collective bargaining agreement between the City of Palm Beach Gardens (referred to as the City) and
the Service Employees International Union /Florida Public Services Union (referred to as the Union) expired
on September 30, 2009. The parties commenced bargaining on September 2, 2009, held six (6) bargaining
sessions, and reached impasse on April 6, 2010. The City and the Union were able to agree on all Articles
in the collective bargaining agreement except:
1. Article 14 Seniority
2. Article 18 Insurance
3. Article 29 Personal Leave
4. Article 30 Acute Illness Leave
5. Article 34 Longevity Benefits
6. Article 35 Higher Education Tuition Reimbursement Program
DISPUTED IMPASSE ISSUES TO RESOLVE:
Listed below is a summary of the parties' positions on these Articles.
1. ARTICLE 14 SENIORITY
With respect to personnel reduction, the City's position was that the City's current policy, Section 6.5,
Workforce Reduction, should be utilized in lieu of the pre - existing language. It was the City's position that
policy Section 6.5 was applicable to all general employees, and more consistency could be achieved by
having the same policy apply to members of the Union. The City's policy for personnel reduction provides
for greater flexibility and responsiveness to financial and operational changes. The City's policy allows
management to retain the highest qualified and productive employees based upon proven performance and
quality work experience with the City, not solely because they have been here the longest number of years.
The City's proposal updates the practice of personnel reduction based upon sound, modern human
resources management. The Union's position was that this Article should remain status. The current
contract language and the City's proposal are attached as Exhibit A.
2. ARTICLE 18 INSURANCE
The City's proposal was to provide bargaining unit employees with the same insurance benefits as all other
general employees of the City, at the same contribution amounts for individual and /or dependent coverage.
Given current difficult economic conditions, the City needs to have the ability to make changes with respect
to how employees may contribute to a portion of the costs for insurance coverage without having the cost
and time spent on contract negotiations in order to do so. While the City's goal is to provide the same
insurance benefits as all employee groups, it is costly, time - consuming, impractical and unreasonable to
restrict our ability to make changes until they are successfully negotiated with other unions. The SEIU's
counter proposal was that this Article should remain status quo, and that the Union would enter into a
Memorandum of Understanding to change insurance benefits when all employees of the City change
insurance benefits. The current contract language and the City's proposal are attached as Exhibit B.
3. ARTICLE 29 PERSONAL LEAVE
The City proposed a new Article entitled "Paid Time Off' which reduced monthly accruals by four (4) hours,
capped conversion of leave not to exceed 80 hours per fiscal year, and changed the years of continuous
service accrual rate from 4 to 5 year increments for a potential cost savings of $1.1 million for FY 2011, and
significantly greater cost reduction in future years as a result of reduced accruals and leave payments. The
reduction in monthly accrual rates alone represents a potential cost reduction of $3.1 Million over a five
year period. These cost reduction measures, which have already been implemented for general
employees, are part of the employee benefits reduction plan the City intends to provide for all employee
groups, in an effort to minimize the loss of personnel, maintain levels of service to taxpayers, and preserve
our current the health insurance program. The Union's position was that this Article should remain
unchanged. The current contract language and the City's proposal are attached as Exhibit C.
4. ARTICLE 30 ACUTE ILLNESS LEAVE
The City's proposal was to discontinue acute illness leave accrual effective midnight, September 30, 2010.
Current employees with acute leave hours accrued as of September 30, 2010 would carry them forward to
use until they are depleted. As part of the PTO plan stated above, it is the City's intent to have one system
of leave time for employees to utilize for time away from work for any personal reason. This modern
personnel practice significantly reduces unscheduled absences and abuse of time, as well as encourages
employees to better self- manage their leave time. The Union's counter proposal was that it would accept
discontinuing the accrual of acute leave if the City accepted the following language;
"Employees will have the option of converting acute illness accrued time to their Personal Time Off
bank."
Acute leave has never been compensable. While it cannot be converted to cash, the value of costs over
the past 3 fiscal years and estimated year to date is $407,350, representing acute hours accrued and used
by all employees. The elimination of acute leave is a critical cost component of the whole employee
benefits reduction plan, and has also already been implemented for general employees.
2
5. ARTICLE 34 LONGEVITY BENEFITS
The City's proposal was to eliminate longevity benefits effective midnight, September 30, 2010. The
Union's counter proposal was the following;
"The City of Palm Beach Gardens and SEIU /Florida Public Services Union will enter into a
Memorandum of Understanding concerning Longevity Benefits. The City of Palm Beach Gardens
and the Union will agree to cease Longevity_ Benefits for the bargaining unit members when all
employees of the City of Palm Beach Gardens cease to enjoy Longevity Benefits. The employees
of the City of Palm Beach Gardens in the SEIU bargaining unit will continue to receive Longevity
Benefits until the Memorandum of Understanding is enforced."
The City's goal is to eliminate costs of all longevity programs for all employee groups, for a potential total
cost savings of $1.2 Million over the next 2 fiscal years - $800,000 for next year's budget and an additional
$400,000 for the following budget in FY 2012. Our research has shown that many local municipalities in
our labor market no longer provide longevity as part of their total compensation. It is the City's intent to
address an increasingly obsolete type of employment benefit in the same manner among all employee
groups, to preserve jobs.
6. ARTICLE 35 HIGHER EDUCATION TUITION REIMBURSEMENT PROGRAM
The City's proposal was to eliminate the tuition reimbursement program. This is part of the employee
benefits reduction plan being implemented as potential cost saving measures, to minimize loss of
personnel. Over the past 4 fiscal years, the City has spent approximately $182,200 on tuition
reimbursements. The Union's position was that the current Article should remain in effect.
CONCLUSION:
The City's proposals reflect the fact that we anticipate a potential budget deficit of $6.6 Million next year.
Given the huge budget challenges facing the City, our goal is to provide employees with stability of
employment in a fiscally responsible and equitable manner, in order to minimize the need for additional
personnel reductions and maintain the levels of service we provide our residents. These cost saving
measures (elimination and /or reductions of longevity, personal time off, acute leave, conversion of leave
and tuition reimbursement) comprise an employee benefit reductions plan that is necessary for all
employees as we prepare for FY 2011 and years to come.
The City and the Union have agreed that only their Chief Bargaining Representatives will be presenting
their respective positions to the City Council and they will be permitted a maximum of 30 minutes each for
their presentations. Under Florida Statutes Chapter 447.403 which governs the resolution of impasses,
City Council is the legislative body that shall take action to resolve the six (6) disputed issues.
cc; Carl Booth, SEIU /Florida Public Services Union Representative
Bob Norton, Labor Attorney
3
EXHIBIT A
CURRENT CONTRACT
ARTICLE 14
SENIORITY
Section 1. Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens.
Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other
authorized leave.
Section 2. Seniority shall be utilized for the following purposes:
A. Vacations for each calendar year shall be drawn by employees on a basis of seniority preference;
provided, however, that the Department shall retain the right to disregard seniority preference in
the event that it becomes necessary to do so in order to provide adequate coverage in certain
specialized areas during any given vacation period. Nothing contained herein shall be interpreted
as restricting the Department's right to cancel all vacations during any given period in the event of
disaster or emergency.
B. In the event of a vacancy within the Department, seniority will be considered along with skills,
abilities, and the requirements of the job.
C. In the event of personnel reduction, employees shall be laid off in the inverse order of their
seniority in their classification. If more than one classification is affected, an employee laid off
from a higher classification shall be given an opportunity to revert to the next lower classification,
provided that he /she is fully qualified to perform the work in that lower classification. Upon reverting
to a lower classification, an employee's seniority shall be determined by the date of his/her permanent
appointment to that classification. All temporary, provisional, limited term, and probationary
employees shall be laid off before any permanent employee is laid off or reduced in classification.
D. Employees shall be recalled from layoff in accordance with their seniority in the classification from
which they were laid off. No new employee shall be hired in any classification until all
employees on layoff status in that classification have had an opportunity to return to work;
provided, however, that in the discretion of the Department Director or designee and City
Manager or designee, such employees are physically and mentally capable of performing the work
available at the time of recall. No laid off employee shall retain recall rights beyond twelve (12)
months from the date of layoff.
E. Employees eligible for recall will be sent a certified letter to their last known address giving
them thirty (3 0) days to reply as to whether they wish to be considered for their prior position.
The City shall have no further obligation unless it receives a written response within thirty (30)
days of receipt or attempted delivery of the letter.
F. Whenever a layoff becomes necessary, the City Manager or designee shall make every effort to notify
the Union at least two (2) weeks in advance of the intended action and the reasons therefore.
17
CITY'S PROPOSAL
ARTICLE 14
SENIORITY
Section 1. Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens.
Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other
authorized leave.
Section 2. Seniority shall be utilized for the following purposes:
A. Vacations for each calendar year shall be drawn by employees on a basis of seniority preference;
provided, however, that the Department shall retain the right to disregard seniority preference in
the event that it becomes necessary to do so in order to provide adequate coverage in certain
specialized areas during any given vacation period. Nothing contained herein shall be interpreted
as restricting the Department's right to cancel all vacations during any given period in the event of
disaster or emergency.
B. In the event of a vacancy within the Department, seniority will be considered along with skills,
abilities, and the requirements of the job.
C. In the event of personnel reduction or layoffs, the City's Policies and Procedures, Section 6.5
Workforce Reduction, will be followed.
that he/she is fially qualified te per-fefffl the wedE in theA lower- elassifieatien. Up n r-eveffing
empleyees shall be laid off before afty pefmanent employee is laid off or- r-edueed in elassifieatien.
111W1111*111W1M New ft-WHIMP"41 "110
17
M FVr MEM
*'Now- g re w
M-09 M- 1100 WIM
im
111W1111*111W1M New ft-WHIMP"41 "110
17
6.5 Workforce Reduction
Workforce Reduction involves the termination of an employee(s) as a result of declining
revenues, curtailment or elimination of a public service activity, program or function, or
organizational restructuring.
This section establishes the City's guidelines for any of the reductions outlined above.
The procedure listed below applies to all employees, unless otherwise covered by a
collective bargaining agreement. Workforce reduction may involve an entire category of
employees or a single position. Work performed may be discontinued or reassigned to
other position(s).
In such cases outlined above, the City Manager may terminate an employee or
employees. Workforce reductions are not disciplinary actions.
Workforce Reduction Procedure:
1. Notification: All affected employees will receive 45 days written notification.
All days referenced in this Workforce Reduction Policy section are calendar days.
2. Order of workforce reduction: The following criteria will be used to identify
positions to be eliminated and employees who will be subject to termination.
a. Level 1: The Department Head will recommend position(s) for
elimination based on operational need, budget restrictions, and/or
reorganization. The Human Resources Administrator will receive and
make recommendation to City Manager for final approval of which
position(s) to eliminate.
b. Level 2: If two or more employees currently occupy those positions
approved for elimination, employees will be terminated based on
utilization of performance evaluations, work experience, attendance, and
disciplinary record.
c. Level 3: Seniority with the City will be the next criterion, if needed.
Seniority will be calculated by counting years of service from `Last Hire
Date' as a full time employee. Should there be two or more employees
with the same years of continuous service with the City, the seniority in
the position will be the final criterion. Preference for retention will be
given to veterans who submit proof of discharge from active duty in time
of war as defined in Title I, Section 1.01 (14) of the Florida Statutes.
3. Workforce Reduction Pay: Employees who receive 45 days written notice of
termination may be relieved of duty and paid for the 45 day notice period, or
requested to work during the 45 day notice period. Employees who are paid for
the 45 day notice period will have as a termination effective date, the date of the
notice. Employees who work 45 days as requested will be eligible for an
additional bonus of 30 days base pay (as lump sum) following the termination
date. Such additional bonus will be referred to as Workforce Reduction Pay.
Replaces Section 6 Pages 46 —48 Revised 6/1/09
a. If the employee finds another full time position during the
workforce reduction/position elimination process through
voluntary utilization of the demotion or transfer policy and this
transfer /demotion is effective prior to the termination date, the
employee will not be eligible for workforce reduction pay.
b. Each employee must sign an Agreement, Waiver and Release in
order to receive the Workforce Reduction Pay, in order to receive
the 30 -day bonus.
c. With respect to an employee who is relieved of duty and paid for
the 45 day notice period, at the City's option the employee may be
offered 30 additional days pay at the base rate if the employee
signs the release referred to in paragraph `b' above.
4. Health and dental insurance benefit coverage: Regardless of whether an
employee works through the 45 day notification period, the employee's health and
dental insurance coverage would continue through the end of the 45 day
notification period.
The employee will be notified of COBRA eligibility upon notice of termination.
If the employee elects COBRA, the City will pay the difference between the
COBRA rate and the current monthly employee premium rate for the first 30 days
of COBRA. The former employee must submit the COBRA invoice along with
his /her portion of the premium to the Human Resources Department for payment
within 30 days of receipt of said invoice. The former employee will pay the full
COBRA premium starting the second month following termination of
employment.
5. Accrued Personal Leave hours: The employee will receive full payout of accrued
personal leave balance at the time of termination.
6. Accrued Acute Leave hours: There will be no payout for any accrued acute leave
hours, in accordance with the current City policies and procedures.
Replaces Section 6 Pages 46 — 48 Revised 6/1/09
EXHIBIT B
CURRENT CONTRACT
ARTICLE 18
INSURANCE
Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance
coverage at no cost to the employees.
Section 2. Employees who elect to maintain dependent coverage will contribute a portion of the actual cost of
said coverage. The Bargaining Unit employees will contribute the same percentage toward the cost of
dependent coverage that other non - management City employees are required to pay.
Section 3. If any non - management City employees are not required to pay the dependent coverage referred to in
Section 2, then the bargaining unit employees shall not pay for such coverage and shall be reimbursed
for any such payments made if it is determined that other non - management City employees have not
been required to pay for dependent coverage or have paid a lesser amount.
Section 4. Bargaining unit employees shall at all times be provided with the same insurance benefits provided to
all bargaining unit and non - management employees of the City.
22
CITY'S PROPOSAL
ARTICLE 18
INSURANCE
Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance
coverage at no cost to the employees through September 30, 2010.
Section 2. Employees who elect to maintain dependent coverage will contribute $116 per month for HMO
coverage and $220 per month for PPO coverage.
Bar-gaining Unit empleyees will eentfibute the same per-eentage tewar-d the eest of dependent
eever-age that other «..n management Git , employe .. «od to p
Section.3. Bargaining unit employees shall at all times be provided with the same insurance benefits as all other
pr-evided to all bar-gaining tiffit and neft management general employees of the City, at the same
contribution amounts for individual and/or dependent coverage.
21
EXHIBIT C
CURRENT CONTRACT
ARTICLE 29
PERSONAL LEAVE
(See City Policy)
1.)r-
CITY'S PROPOSAL
ARTICLE 29
PERSONAL LEAVE PAID TIME OFF
Section 1: It is the policy of the City to promote the efficiency, health, well -being and morale of employees
through time away from their jobs. The purpose for PTO is to provide full -time employees with flexible paid time
off (PTO) to be used for such needs as vacations, illness or other personal time away from work.
Section 2: Definitions
1. Immediate Family — The employee's parents, parents -in -law, spouse, dependent children, including step and
adopted, employee's registered domestic partner and his/her child(ren).
2. Scheduled PTO —Time off that is requested in advance in accordance with this provision and any applicable
department rules.
3. Unscheduled PTO — Absence preventing the employee from requesting PTO in advance, such as illness. For
purpose of this policy, illness means illness of the employee or immediate family as defined above.
Section 3: Effective midnight, September 30, 2010, Paid Time Off combines and supersedes Personal Leave,
Acute Illness Leave and Voluntary Donation of Personal Leave Time policies previously in effect. All full -time
employees are eligible for PTO.
Section 4: Accrual
1. PTO is accrued upon hire or transfer into a benefit- eligible position. PTO is earned on a monthly basis and
credited to an employee's PTO bank on the first day of each month for the time earned in the preceding
month.
2. Employees beginning employment on or before the 15th day of the month will be credited with PTO time
accrued for that month.
3. PTO does not accrue during periods of unpaid leaves of absence. Employees returning from an unpaid leave
of absence on or before the 15'' day of the month will be credited with PTO time accrued for that month.
4. Years or length of continuous service determines the rate at which the employee accrues PTO. Employees
L_C____ L— lcth —C L.. W —_.L ....11 ..a tL_ ..,, ♦„ l .. aL„ ...,,,..+L,
5. PTO account balances may not exceed the maximum accrual limit set forth below.
35
6. PTO is accrued monthly as follows for full time employees assigned to a forty-hour (40) work week:
Years of Service
Monthly Accrual
Annual Accrual
Maximum
Accrual
0 through 4 years
4-6 12 hours
492- 144 hours
300 hours
5 through 9 years
48 14 hours
24-6 168 hours
400 hours
10 through 14 years
20 16 hours
249 192 hours
450 hours
15 through 19 years
23 19 hours
2-76 228 hours
500 hours
20 through 24 gars
2-5 21 hours
390 252 hours
550 hours
25 or more ,years
29 24 hours
336 288 hours
640 hours
Section 5: Scheduling
1. Scheduled PTO
a. Employees must complete the initial probationary period to be eligible to use scheduled PTO.
b. PTO shall be requested in advance of the proposed time off. Employees shall submit their requests to
their supervisors for approval by utilizing departmental scheduling software. Supervisors must
consider all request for time off, giving due consideration to the needs of the department and the
ability of the remaining staff to perform the work of the department or division. Each employee shall
give his/her supervisor at least ten (10) days notice for scheduled time off of five (5) days or more.
This notice requirement is subject to change by each department.
c. The maximum continuous PTO leave shall be four (4) calendar weeks. The City Manager may
approve more than four (4) weeks if it is determined that the City will not be adversely affected.
2. Unscheduled PTO
a. All probationary and non - probationary full -time employees are eligible to use unscheduled PTO.
b. To utilize unscheduled PTO, the employee shall notify his/her supervisor prior to the beginning of the
scheduled workday, or prior to leaving the work assignment.
c. Employees may be subject to disciplinary action up to and including termination of employment
should their unscheduled absences occur with such frequency so as to adversely affect department
operations.
3. Employees are expected to manage their PTO responsibly. Employees carrying PTO balances cannot opt to
take time off without pay or borrow against their PTO bank as they are not entitled to use time that has not
been earned.
4. PTO is paid at the employee's straight time rate and is not part of any overtime calculation.
5. PTO may be taken in increments of /4 hour.
Section 6: Payout
1. . Employees may
request to receive payment in lieu of PTO up to a maximum of 80 hours annually each fiscal year. Requests
for payment in lieu of PTO shall be limited to twice a year based upon the current fiscal year.
2. Upon separation from employment, employees who have successfully completed their initial probationary
period shall be paid for all accrued unused PTO time based on the employee's final base rate of pay.
Employees may not use PTO time in lieu of notice of resignation, unless otherwise approved by
department head.
3. A full month's accrual will be credited for separations of employment on or after the 15th of the month.
36
Section 7: Rehires - Former employees rehired shall receive credit for prior years of service in order to determine
the PTO accrual rate. Rehired employees shall begin employment with a zero PTO balance.
Section 8: Acute Illness Leave
1. Effective midnight, September 30. 2010, employees shall no longer accrue acute illness leave. Full -time
employees carrying accrued Acute Illness Leave balances as of September 30, 2010 shall caM forward those
hours to use until they are depleted.
2. Acute illness leave may be used beginning on the fourth consecutive day of an illness or injury of the
employee or his/her immediate family, which shall be verified in writing by a licensed physician. Acute
illness leave shall be utilized in eight (8) hour increments except when used for disability.
Acute illness leave hours shall be used to supplement disability payments in order to make an employee's
income whole and continue employee's status as full -time.
4. Acute illness leave hours are not transferable to other employees and will not be replenished once they are
exhausted. Upon separation from employment, employees shall not be compensated for any unused acute
illness leave hours.
Section 9: Voluntary Donation of PTO
Eligibility
a. Full -time employees on approved Family and Medical Leave (FMLA), who have exhausted their paid
leave hours (PTO, Acute Illness, Personal Holiday and Compensatory Time), may request donated
PTO time.
b. Full -time non - probationary employees may donate PTO time.
2. Procedure
a. The employee requesting donated PTO hours must submit a written request to the Human Resources
Department. Human Resources shall notify all employees of the request for donated PTO.
b. Employees may donate a minimum of four (4) PTO hours by completing and submitting a Voluntary
Donation of Personal Leave form to Human Resources.
c. PTO will be donated to the requesting employee each pay period as needed. PTO donations will be
processed in the order they are received. Unused donated PTO will not be transferred from the donor
to the requesting employee.
d. The Payroll Coordinator will maintain appropriate records documenting donated PTO.
37
3
I.
II.
III.
IV
V.
VI.
VII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
June 3, 2010
7 :00 P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Barnett
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. REPRESENTATIVE CARL DOMINO — LEGISLATIVE WRAP -UP.
b. RECOGNITION OF PALM BEACH GARDENS HIGH SCHOOL SOFTBALL
CLASS 6A CHAMPIONS.
ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS:
CM MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
ea ? �o ".
�10 $, b.
Pa e 5 APPROVE MINUTES FROM MAY 6, 2010 CITY COUNCIL MEETING.
(Staff Report on Page 9, Resolution on Page 11) RESOLUTION 28, 2010 —
OPPOSING AMENDING THE FLORIDA CONSTITUTION. A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
EXPRESSING OPPOSITION TO A PROPOSED AMENDMENT TO THE
FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL
CHANGES TO A MUNICIPALITY'S OR COUNTY'S COMPREHENSIVE PLAN;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION,
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
c. Staff Report on Page 14, Resolution on Page 16) RESOLUTION 31, 2010 —
WATSON B. DUNCAN'S ACADEMY OF LITERARY AND FINE ARTS. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA IN SUPPORT OF THE TRIBUTE TO WATSON B.
DUNCAN III THROUGH THE IMPLEMENTATION OF THE WATSON B.
DUNCAN LITERARY AND FINE ARTS ACADEMY AT WATSON B. DUNCAN
MIDDLE SCHOOL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
IX. PUBLIC IIFARING'-; (* Designates Ouasi- Judicial Hearin
a. repo L Page i ri Page 27) ORDINANCE 8, 2010 — (2nd
READING AND ADOPTION) AMEND THE LAND DEVELOPMENT
REGULATION TO ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA
1y£�v AMENDING CHAPTER 78. LAND DEVELOPMENT. BY ADOPTING NEW
S SUBSECTION 78- 1590)(71) AND AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO CREATE A
COMMUNITY GARDENS USE AND ADOPT REGULATIONS PERTAINING TO
COMMUNITY GARDENS; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
b.
(Staff Report on Page 39. Ordinance on Paqe 5, ''ORDINANCE 10, 2010 -
Q
(2"d READING AND ADOPTION) ST. MARK'S EPISCOPAL CHURCH AND
SCHOOL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
-o
BEACH GARDENS, FLORIDA PROVIDING FOR THE EXPANSION OF ST.
MARK'S EPISCOPAL CHURCH AND SCHOOL, LOCATED AT THE CORNER
OF GARDENS EAST DRIVE AND BURNS ROAD AND HAVING A STREET
ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE 24, 1999 AND
ORDINANCE 32, 2000, WHICH APPROVED AND AMENDED,
RESPECTIVELY, THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL
PUD, IN ORDER TO TRANSFER AND AMEND THE SITE PLAN APPROVAL
AND RELATED CONDITIONS OF APPROVAL TO A SEPARATE
RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS TO THE SITE
PLAN AND CONDITIONS OF APPROVAL FOR THE PUD MAY BE MADE BY
RESOLUTION OF THE CITY COUNCIL, PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RESOLUTION 22, 2010 IS A COMPANION ITEM TO ORDINANCE 10,
2010 AND WILL REQUIRE COUNCIL ACTION.
on on P. RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL
CHURCH AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF THE
S
CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE ST. MARK'S
EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD)
AND SITE PLAN IN ORDER TO ALLOW A 44,593- SQUARE -FOOT
EXPANSION TO THE EXISTING FACILITIES, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
C. *ORDINANCE 11, 2010 —
(2nd READING AND ADOPTION) PARCEL 18 A07 VOLUNTARY
ANNEXATION. AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
jrBEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A PETITION FOR
�n�e¢� VOLUNTARY ANNEXATION, A PARCEL OF LAND CONSISTING OF
ju APPROXIMATELY TWELVE AND 39/100 (12.39) ACRES, GENERALLY
LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF
HOOD ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH COUNTY,
FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; DECLARING
THAT THE VOLUNTARY ANNEXATION PETITION BEARS THE SIGNATURE
OF THE OWNER OF THE REAL PROPERTY ANNEXED HEREBY; AMENDING
ARTICLE II OF THE CITY CHARTER BY REDEFINING THE CORPORATE
LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(Staff Report on Pare 99. ResolLItion on Pane 111, *RESOLUTION 25, 2010 -
AMENDMENT TO THE OAKBROOK SQUARE PUD MODIFYING THE MASTER
n„ SIGNAGE PROGRAM, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
rah OF PALM BEACH GARDENS, FLORIDA AMENDING THE MASTER SIGNAGE
7 PROGRAM OF THE OAKBROOK SQUARE SHOPPING CENTER PLANNED
UNIT DEVELOPMENT (PUD) LOCATED AT THE NORTHEAST CORNER OF
PGA BOULEVARD AND US HIGHWAY 1, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
e. (Staff Report on P i,-i; - Pp nai_ition on P -: o RESOLUTION 26, 2010 -
ART IN PUBLIC PLACES FOR DOWNTOWN AT THE GARDENS. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
�S GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR
DOWNTOWN AT THE GARDENS, GENERALLY LOCATED WITHIN THE
`I �c REGIONAL CENTER DRI /PCD AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF GARDENS PARKWAY AND ALTERNATE A1A, NORTH
OF KYOTO GARDENS DRIVE AT 11701 LAKE VICTORIA GARDENS
AVENUE, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
f. Staff Re ort on Page 186, Resolution on Page 210) *RESOLUTION 27, 2010
- DOWNTOWN AT THE GARDENS — EXTEND THE TEMPORARY PARKING
LOT USE ON THE GARDENS CORPORATE CENTER PARCEL - GOSMAN
SITE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
1j BEACH GARDENS, FLORIDA AMENDING A DEVELOPMENT ORDER
CONDITION OF APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED
WITHIN THE REGIONAL CENTER DRI /PCD, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO MODIFY A CERTAIN CONDITION OF
APPROVAL RELATED TO TEMPORARY PARKING LOCATED ON THE
GOSMAN PROPERTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
X. RESOLUTIONS:
a. (Staff Report on Page 214, Resolution on Page 216) RESOLUTION 20, 2010 -
RE- ESTABLISHING THE BUDGET OVERSIGHT COMMITTEE. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA RE- ESTABLISHING THE BUDGET OVERSIGHT
COMMITTEE; PROVIDING A PURPOSE, POWERS, DUTIES, MEMBERSHIP,
AND MEETINGS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
b. (Staff Report on Page 219, Resolution on Page 240) RESOLUTION 21, 2010 -
(� REAPPOINTMENT OF FIVE (5) REGULAR MEMBERS TO THE BUDGET
OVERSIGHT COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING FIVE (5)
REGULAR MEMBERS TO THE BUDGET OVERSIGHT COMMITTEE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 242) RESOLUTION OF COLLECTIVE BARGAINING IMPASSE
BETWEEN THE CITY AND THE SEIU /FLORIDA PUBLIC SERVICES UNION.
ARr4.e- 1`1- q -t o LY, Ae -6ctc 3 34, 3(r r.�_Pyz >z s--O
b. BUDGET 2010/2011
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and .Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561- 799 -4122 no later than S days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800 -955 -8771 (TDD) or 800 - 955 -8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print �j%
Name: �,L / `// 1)0-142�L
Address: /�l G-o cJ/L /C d•
City:
Subject: ��✓� —
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: PA1-1t,(bA dZ-;7NPJ CEO, PCAN,J(AJQ PI Ur 5f0A)
Address: 2361) N JO (7 12 ,C) VJ io 6 L
City: yU P-�3
Subject: Ift�nA IX. G # Qr Ul na nef,, f �1 z� 6 01 P1eX -g hom
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: �-
l� v�L
Address: _
City:
Subject:
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name
Address: S 2 4,D 0— �J
City: C.U£ S7'` r =p-
Subject:
o Cc-rY
LliCtj jG�e� 1`+c CC.�ls1 Ne:
{jam? �8 `i y4- f7-rlrnZYl.
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print ('-/-] � ) r
Name: u
Address: C I r C)
City:
Subject: C %J n.+
Q--e -,� 3 3 y
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print II ,ll
Name: W AA4
Address: -?sZ (0 1;
City: 1(-�zM Cca
Subject: �l2V-,5J P,
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings ". This Request to Address the City
Council must be delivered to the City Clerk prior to the co 3n3encement of the meeting.
The time limit for each speaker is limited to ree (3) minutes.
O�
00
y �
y�
CrJ
�r
�O
1 y�
O
Z
� x
MCI
y
t�
O O
O O
0 0
O
z y ►�
� y�
cn
to
y
Z O�
d
yI � CsJ
� � d
z
z
H
O
z
C �o
� O
�► Z
►--� N
N N
O NO
o �
o
Nay
�r •
d �
z
� b
d n
d �
O �
r
y n
� x
O �
x
n Z
r �
00 x
O O
� O
O r
r
y
l 1
x
z
d
n
O
O
r
O O
O �
1
N ~�
C.
d
tz �.
O �
ONO.
O �
y �
7d �
x O
O
l l �•
O ora
r
CD
A
rA
''h
O
O
O
O
�
tAD
"!
O•
p
^�
`�
eC
�
A
A
A
�
O
�
�
�
AD
v'
C•
o�rAW
Zm
A
A
A
o
eD
-1
o
;
o
a.
eD
CD
A
tiff
...
wD
m
'3
rD
�
A7
rD
� •
�'
A
,�.�
rA
o
re
o
�.
ZA
moo
ZA
O�
00
y �
y�
CrJ
�r
�O
1 y�
O
Z
� x
MCI
y
t�
O O
O O
0 0
O
z y ►�
� y�
cn
to
y
Z O�
d
yI � CsJ
� � d
z
z
H
O
z
C �o
� O
�► Z
►--� N
N N
O NO
o �
o
Nay
�r •
d �
z
� b
d n
d �
O �
r
y n
� x
O �
x
n Z
r �
00 x
O O
� O
O r
r
y
l 1
x
z
d
n
O
O
r
O O
O �
1
N ~�
C.
d
tz �.
O �
ONO.
O �
y �
7d �
x O
O
l l �•
O ora
r
CITY COUNCIL MEETING 06/03/10
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS UNDER CONSENT
Resolution 2% 2010:
Palm Beach Gardens Municipal Complex
Center Plat
DELETIONS: I f -,. �
MODIFICATIONS:
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 3, 2010
Resolution: 29, 2010
Subject/Agenda Item: Palm Beach Gardens Municipal Complex Center
[ X] Recommendation to APPROVE
f 1 Recommendation to DENY
Reviewed b
Originating Dept.:
Costs: $ N/A
Council Action:
(Total)
City ttor ey
( ] Approved
Growth, Management
$ N/A
[ ]Approved w/
2-
Atz
Current FY
conditions
[ J Denied
Finance Administrator
Advertised:
Funding Source:
[ ] Continued to:
Date:
[ ] Operating
Attachments:
Paper:
[X] Other
[ x ] Not Required
Resolution 29, 2010
Submitted
&x t ss
Department Director
Affected parties
[X] Notified
Budget Acct. #:
Approy: -
[ J Not required
City nager
Meeting Date: June 3, 2010
Resolution 29, 2010
BACKGROUND: The Palm Beach Gardens Municipal Complex Center plat is
approximately 54.6 acres of land located along the east side of Military Trail between Burns
Road and Johnson Dairy Road.
This parcel of land has never been platted; only a few easements scattered throughout
the property have been recorded. All the scattered easements recorded within various
separate instruments have been incorporated in the current plat.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 29, 2010.
1 RESOLUTION 29, 2010
2
3
4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
5 BEACH GARDENS, FLORIDA APPROVING THE PALM BEACH
6 GARDENS MUNICIPAL COMPLEX CENTER PLAT; PROVIDING AN
7 EFFECTIVE DATE; AND FOR OTHER PURPOSES.
8
9
10 WHEREAS, the Director of Engineering has reviewed the Palm Beach Gardens
11 Municipal Complex Center Plat; and
12
13 WHEREAS, the Director of Engineering has determined that the proposed plat
14 meets all the technical requirements of the City's Land Development Regulations and
15 Chapter 177, Florida Statutes, and recommends approval of the plat; and
16
17 WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs;
18 and
19
20 WHEREAS, the City Council deems approval of this Resolution to be in the best
21 interests of the health, safety, and welfare of the residents and citizens of the City of
22 Palm Beach Gardens and the public at large.
23
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
26 OF PALM BEACH GARDENS, FLORIDA that:
27
28 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
29
30 SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
31 execute the Mylar of the Palm Beach Gardens Municipal Complex Center Plat
32 consisting of two (2) sheets, prepared by Calvin, Giordano & Associates, Inc., attached
33 hereto as Exhibit "A."
34
35 SECTION 3. This Resolution shall become effective immediately upon adoption.
36
37
38 (The remainder of this page intentionally left blank)
39
40
41
42
43
44
45
46
47
1 PASSED AND ADOPTED this
2
3
4
5
6
8
9
10 ATTEST:
12 '
13 B Y�
14 Patricia Snider, CMC, City Clerk
15
16
17 APPROVED AS TO FORM AND
18 LEGAL SUFFICIENCY
19
20
21 BY:
22 R. Max an, City Attorney
23
24
25
26
27
28 VOTE:
29
30 MAYOR LEVY
31
32 VICE MAYOR PREMUROSO
33
34 COUNCILMEMBER RUSSO
35
36 COUNCILMEMBER JABLIN
37
38 COUNCILMEMBER BARNETT
39
40
41
42
43
44
45
46
47 GAattornev share \RESOLUT(ONS\2010 \Resolution 29 -201
Resolution 29. 2010
" day of -:1rjA)C 12010.
CITY OF PALM BEACH GARDENS, FLORIDA
BY: vez'-
David-,J. Levy, M yor
AYE NAY ABSENT
0 - PLAT - EOC.dom
2
Resolution 29, 2010
EXHIBIT "A"
PUBLIC HEARINGS: 06 /03/2010
Title
) earing Opened:
itioner presentation:
ff Presentation:
Hearing Closed:
Bring back for discussion:
Motion
Vote
NON QUASI- JUDICIAL
ORDINANCE 8, 2010 — (2"d READING AND ADOPTION)
AMEND THE LAND DEVELOPMENT REGULATION TO
ALLOW FOR COMMUNITY GARDENS. AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING CHAPTER 78. LAND
DEVELOPMENT. BY ADOPTING NEW SUBSECTION 78-
1590)(71) AND AMENDING TABLE 21: PERMITTED,
CONDITIONAL AND PROHIBITED USE CHART IN ORDER TO
CREATE A COMMUNITY GARDENS USE AND ADOPT
REGULATIONS PERTAINING TO COMMUNITY GARDENS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT.
SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
--pie Read:
Nearing Opened:
x -Pane: JB DL JR RP EJ
titioner presentation:
aff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
Title Read:
Hearing Opened:
Ex- Parte: JB DL JR RP EJ
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion
Vote:
2
QUASI - JUDICIAL
`ORDINANCE 10, 2010 - (2nd READING AND ADOPTION) ST.
MARK'S EPISCOPAL CHURCH AND SCHOOL. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA PROVIDING FOR THE
EXPANSION OF ST. MARK'S EPISCOPAL CHURCH AND
SCHOOL, LOCATED AT THE CORNER OF GARDENS EAST
DRIVE AND BURNS ROAD AND HAVING A STREET
ADDRESS OF 3395 BURNS ROAD; AMENDING ORDINANCE
24, 1999 AND ORDINANCE 32, 2000, WHICH APPROVED
AND AMENDED, RESPECTIVELY, THE ST. MARK'S
EPISCOPAL CHURCH AND SCHOOL PUD, IN ORDER TO
TRANSFER AND AMEND THE SITE PLAN APPROVAL AND
RELATED CONDITIONS OF APPROVAL TO A SEPARATE
RESOLUTION; PROVIDING THAT FUTURE AMENDMENTS
TO THE SITE PLAN AND CONDITIONS OF APPROVAL FOR
THE PUD MAY BE MADE BY RESOLUTION OF THE CITY
COUNCIL; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
RESOLUTION 22, 2010 IS A
COMPANION ITEM TO ORDINANCE 10, 2010
AND WILL REQUIRE COUNCIL ACTION.
RESOLUTION 22, 2010 - ST. MARK'S EPISCOPAL CHURCH
AND SCHOOL. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING
THE ST. MARK'S EPISCOPAL CHURCH AND SCHOOL
PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN
ORDER TO ALLOW A 44,593- SQUARE -FOOT EXPANSION TO
THE EXISTING FACILITIES, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
Read:
wring Opened:
-Pane: JB DL JR RP EJ
etitioner presentation:
tall Presentation:
)kearing Closed:
back for discussion:
ote
e Read:
earing Opened:
-Parte JB DL JR RP EJ
titioner presentation:
IT Presentation:
aring Closed:
ing back for discussion:
//
"�4otion:
ote:
le Read:
ring Opened:
titioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
QUASI- JUDICIAL
Iff Re,?ort on Nave 82 Ordinanr.Q on Pane q4
DINANCE 11, 2010 — (2nd READING AND ADOPTION)
PARCEL 18 A07 VOLUNTARY ANNEXATION. AN
ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A
PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF
LAND CONSISTING OF APPROXIMATELY TWELVE AND
39/100 (12.39) ACRES, GENERALLY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF HOOD
ROAD AND THE FLORIDA TURNPIKE, IN PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED
HEREIN; DECLARING THAT THE VOLUNTARY ANNEXATION
PETITION BEARS THE SIGNATURE OF THE OWNER OF THE
REAL PROPERTY ANNEXED HEREBY; AMENDING ARTICLE
II OF THE CITY CHARTER BY REDEFINING THE
CORPORATE LIMITS; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
QUASI- JUDICIAL
ESOLUTION 25, 2010 -AMENDMENT TO THE OAKBROOK
SQUARE PUD MODIFYING THE MASTER SIGNAGE
PROGRAM. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE
MASTER SIGNAGE PROGRAM OF THE OAKBROOK
SQUARE SHOPPING CENTER PLANNED UNIT
DEVELOPMENT (PUD) LOCATED AT THE NORTHEAST
CORNER OF PGA BOULEVARD AND US HIGHWAY 1, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
NON - QUASI- JUDICIAL
(.Staff _ Rer - ---won on Paae 167)
RESOLUTION 26, 2010 - ART IN PUBLIC PLACES FOR
DOWNTOWN AT THE GARDENS. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR
DOWNTOWN AT THE GARDENS, GENERALLY LOCATED
WITHIN THE REGIONAL CENTER DRI /PCD AT THE
SOUTHEAST CORNER OF THE INTERSECTION OF
GARDENS PARKWAY AND ALTERNATE A1A, NORTH OF
KYOTO GARDENS DRIVE AT 11701 LAKE VICTORIA
GARDENS AVENUE, AS DESCRIBED MORE PARTICULARLY
HEREIN; PROVIDING CONDITIONS OF APPROVAL;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
7 ele Read:
aring Opened:
Xx-Parte- JB DL JR RP EJ
titioner presentation:
Staff Presentation:
earing Closed:
Bring back for discussion:
tion:
ote:
itle Read:
Hearing Opened:
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
Title Read:
Hearing Opened:
Petitioner presentation:
Staff Presentation:
Hearing Closed:
Bring back for discussion:
Motion:
Vote:
4
QUASI- JUDICIAL
lStaff Renort on Page 186. Rocn1 ition nn Parse 210,
'RESOLUTION 27, 2010 - DOWNTOWN AT THE GARDENS —
EXTEND THE TEMPORARY PARKING LOT USE ON THE
GARDENS CORPORATE CENTER PARCEL - GOSMAN SITE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA AMENDING A
DEVELOPMENT ORDER CONDITION OF APPROVAL FOR
DOWNTOWN AT THE GARDENS LOCATED WITHIN THE
REGIONAL CENTER DRI /PCD, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO MODIFY A CERTAIN
CONDITION OF APPROVAL RELATED TO TEMPORARY
PARKING LOCATED ON THE GOSMAN PROPERTY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
� kf\ c.\
V
RESOLUTIONS:
RESOLUTIO 2010 - - STABLISHING THE BUDGET
OVERSIGHT COM A RESOLUTION OF THE CITY
COUNCIL OF THE T PALM BEACH GARDENS,
FLORIDA RE -ES BLISHING BUDGET OVERSIGHT
COMMITTEE; OVIDING A PURPO WERS, DUTIES,
MEMBERS AND MEETINGS; PROVIDING EFFECTIVE
DATE; FOR OTHER PURPOSES.
RESOLUTION 21, 2010 - REAPPOINTMENT OF FIVE (5)
REGULAR MEMBERS TO THE BUDGET OVERSIGHT
COMMITTEE. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA
APPOINTING FIVE (5) REGULAR MEMBERS TO THE
BUDGET OVERSIGHT COMMITTEE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Patty Snider
From: Allyson Black
Sent: Tuesday, June 01, 2010 11:55 AM
To: Patty Snider
Cc: Richard Marrero; Natalie Wong
Subject: FW: Community Gardens
Attachments: r arrero.doc
Patty -
Please place the attached letter into the rgcord for the June 3`° City Council meeting.
Thanks
Allyson Black
561 - 799 -4199
From: Richard Marrero
Sent: Tuesday, June 01, 2010 8:45 AM
To: Natalie Wong
Cc: Allyson Black
Subject: FW: Community Gardens
From: Vito DeFrancesco [mailto:vitodef @gmail.com]
Sent: Sunday, May 30, 2010 7:31 AM
To: Richard Marrero
Cc: David Levy; Joseph Russo; Jody Barnett; Robert Premuroso; nwone @pbgfl.com; pastor @trinitypbg.org
Subject: Community Gardens
Richard,
I spoke at Council on this issue a few weeks ago. I would appreciate it if you would
consider the comments I made in the attached letter. Also, please add this letter to
the official file for "Community Gardens" and "Outdoor Seating ".
Thank you very much and have a great day.
Vito DeFrancesco
1049 Shady Lakes Circle
626 -9983
i.
Mr. Marrero, (Richard Marrero, Planner rmarrero @pbgfl.com)
My name is Vito Defrancesco and I read the staff report on "Community Gardens ". I would first like to state
that I have NO concerns about Trinity Church's proposed Community Garden but my concern is for the
possibility of commercial developments creating a Community Garden. Commercial development have
proven numerous times that they are not good neighbors as it related to noise, hours of operation and just
plain consideration for adjoining neighbors. Outdoor seating has created bad, very bad neighbors and my
fear is Community Gardens could also be a bad neighbor if allowed in commercial development.
Commercial developments are concerned about money, profits but not about adjoining neighbors as it
pertains to noise, odors or appearance.
I have listed my concerns in numerical sequence.
Concern 1: One of Planning and Zoning Boards (PZAB) comments is as follows:
The PZAB stated that they had concerns with allowing community gardens within commercial and industrial zoning designations
noticed that you removed Community Gardens from Industrial zoning areas although you did not remove
Community Gardens from Commercial zoned areas_ I believe the same as PBAZ, that Commercial zoned
district should not be allowed to have this use_
Concern 2: 1 noticed that you added Code section 34 to this proposed ordinance to satisfy the noise issue.
Section 34 for non - residential areas states the following. Nonresidential and non conservation districts. From 11:00 p.m. on
each day from Sunday through Friday through 7.00 a.m. on the next day and from 11.00 p.m. on Saturday through 12.00 noon on Sunday, no person
on property within a nonresidential district or a non conservation district of the city shall operate, cause to be operated or permit the operation of
any device, machine, appliance, instrument, equipment or boat motor in a manner which causes noise to be generated from such device machine
appliance, instrument, equipment, or boat motor, or from anything attached or connected to such device, appliance instrument equipment or boat
motor, that can be heard at a distance of more than twenty -five feet from the boundary line of such property.
Section 34 is a bad ordinance. In itself it would allow a Community Garden to make as much noise as they
so wanted with the only limiting factor being time of day. When I tried to get the police to enforce Section
34, my neighbor was told by the police that non residential generate noise has NO LIMITS. Non - residential
zoning districts can generate as much as they wish until 11:00 pm. Additionally, Section 34 does not make
any provisions for what happens when noise generated from a non - residential district can be
heard /disturbs a residential district. I took this issue to Council about 3 weeks ago and the City Attorney
looked at the verbiage during the Council meeting and agreed this law in itself does not provide any LIMITS
ON NOISE. Section 34 needs to be rewritten and clarified but for now I propose the following change to
the words you wrote on Community gardens.
No horticultural activities shall be conducted prior to sunrise or after sunset. The use of hand tools and domestic gardening tools is encouraged. The
use of gas powered equipment greater than ten - horsepower is prohibited in community gardens. Community gardens shall comply with City Code
Section 34 -56 Li b ,_y,ti -i. ,0 G relating to noise.
Concern 3: 1 noticed that you increased the setback to adjoining neighbors to 25 feet. This is a start but
please consider OUT OF SIGHT, OUT OF MIND. If the development requesting a Community Garden
would be forced to see the appearance, hear the noise and smell the odors of the garden I would be
confident that they would be a better neighbor. With this concept in mind I offer the following change to the
words you wrote on Community Garden setbacks.
Additionally, the boundary of o community garden shall be a5 close as practical to the existing build ina/facilay r equesting
the Community Garden to c, .4 to the Jmum setback from adjoining neighbors and in NO case shall be
less than twenty-five P* JEet fnm+ the side or tear property kne and no less duo twenty-five (25) feet from the front property fine.
z
t w - All plantings shall comply with sight visibility triangle regulations, as set forth in the land development regulations. Staff may require
additional screening through the minor conditional use process to ensure compatibility with and minimize impacts upon adjacent developments or
communities.
Concern 4: PBAZ made the following comment about the PGA and Northlake overlay districts. The PZAB stated
that they had concerns with locating structures associated with community gardens along PGA Boulevard. The PZAB indicated that tool sheds and
greenhouses would not be compatible with the aesthetics of the PGA Boulevard corridor.
I noticed that you solution to this comment was to provide a 100 feet setback from PGA Blvd. I ask, if this
type facility is undesirable and ugly enough that it cannot be place within 100 feet of PGA Blvd, why is it
acceptable to place this undesirable and ugly facility within 25 feet of adjoining neighbors. The City has
gone through great pains to keep PGA corridor pleasant. So I am making an assumption that if someone in
the overlay district would request such a facility it would be place as far as possible away from PGA, thus
imposing the burden (undesirable and ugly) on the adjoining neighbor. Please consider removing
Community garden from the PGA and Northlake overlay districts and from my Concern #3 above.
Applicability. This section shall apply to community gardens. Community gardens may be located on vacant property or on property with a valid
development order approval. CeRVRHniAl - r?K???<3 f-+ham ^-
This section shall not apply to single - family residential dwelling units.
If you should have any additional comments or need further explanation please contact me at 561 -626-
9983.
Thank you for your consideration in these issues regarding Community Gardens.
Vito DeFrancesco
1049 Shady Lakes Circle
Palm Beach Gardens, Fl.
CC: Natalie Wong, AICP nwone @pbgfl.com
David J. Levy, Mayor, dlevy @pbgfl.com
Bert Premuroso, Vice Mayor, rpremuroso @pbgfLcom
Jody Barnett, Council Member, ibarnett @pbgfl.com
Joseph Russo, Council Member, }Russo @pbgfi.com
Rev. Durwood Foshee, Senior Pastor, pastor @trinitypbg.org
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager
DATE: May 26, 2010 j
FROM: Sheryl Stewart, Human Resources Administrator -,v
SUBJECT: Resolution of collective bargaining impasse between the City and the SEIU /FPSU Union
BACKGROUND:
The collective bargaining agreement between the City of Palm Beach Gardens (referred to as the City) and
the Service Employees International Union /Florida Public Services Union (referred to as the Union) expired
on September 30, 2009. The parties commenced bargaining on September 2, 2009, held six (6) bargaining
sessions, and reached impasse on April 6, 2010. The City and the Union were able to agree on all Articles
in the collective bargaining agreement except:
1. Article 14 Seniority
2. Article 18 Insurance
3. Article 29 Personal Leave
4. Article 30 Acute Illness Leave
5. Article 34 Longevity Benefits
6. Article 35 Higher Education Tuition Reimbursement Program
DISPUTED IMPASSE ISSUES TO RESOLVE:
Listed below is a summary of the parties' positions on these Articles.
1. ARTICLE 14 SENIORITY
With respect to personnel reduction, the City's position was that the City's current policy, Section 6.5,
Workforce Reduction, should be utilized in lieu of the pre- existing language. It was the City's position that
policy Section 6.5 was applicable to all general employees, and more consistency could be achieved by
having the same policy apply to members of the Union. The City's policy for personnel reduction provides
for greater flexibility and responsiveness to financial and operational changes. The City's policy allows
management to retain the highest qualified and productive employees based upon proven performance and
quality work experience with the City, not solely because they have been here the longest number of years.
The City's proposal updates the practice of personnel reduction based upon sound, modern human
resources management. The Union's position was that this Article should remain status. The current
contract language and the City's proposal are attached as Exhibit A.
2. ARTICLE 18 INSURANCE
The City's proposal was to provide bargaining unit employees with the same insurance benefits as all other
general employees of the City, at the same contribution amounts for individual and/or dependent coverage.
Given current difficult economic conditions, the City needs to have the ability to make changes with respect
to how employees may contribute to a portion of the costs for insurance coverage without having the cost
and time spent on contract negotiations in order to do so. While the City's goal is to provide the same
insurance benefits as all employee groups, it is costly, time - consuming, impractical and unreasonable to
restrict our ability to make changes until they are successfully negotiated with other unions. The SEIU's
counter proposal was that this Article should remain status quo, and that the Union would enter into a
Memorandum of Understanding to change insurance benefits when all employees of the City change
insurance benefits. The current contract language and the City's proposal are attached as Exhibit B.
3. ARTICLE 29 PERSONAL LEAVE
The City proposed a new Article entitled "Paid Time Off' which reduced monthly accruals by four (4) hours,
capped conversion of leave not to exceed 80 hours per fiscal year, and changed the years of continuous
service accrual rate from 4 to 5 year increments for a potential cost savings of $1.1 million for FY 2011, and
significantly greater cost reduction in future years as a result of reduced accruals and leave payments. The
reduction in monthly accrual rates alone represents a potential cost reduction of $3.1 Million over a five
year period. These cost reduction measures, which have already been implemented for general
employees, are part of the employee benefits reduction plan the City intends to provide for all employee
groups, in an effort to minimize the loss of personnel, maintain levels of service to taxpayers, and preserve
our current the health insurance program. The Union's position was that this Article should remain
unchanged. The current contract language and the City's proposal are attached as Exhibit C.
4. ARTICLE 30 ACUTE ILLNESS LEAVE
The City's proposal was to discontinue acute illness leave accrual effective midnight, September 30, 2010.
Current employees with acute leave hours accrued as of September 30, 2010 would carry them forward to
use until they are depleted. As part of the PTO plan stated above, it is the City's intent to have one system
of leave time for employees to utilize for time away from work for any personal reason. This modern
personnel practice significantly reduces unscheduled absences and abuse of time, as well as encourages
employees to better self- manage their leave time. The Union's counter proposal was that it would accept
discontinuing the accrual of acute leave if the City accepted the following language:
"Employees will have the option of converting acute illness accrued time to their Personal Time Off
bank."
Acute leave has never been compensable. While it cannot be converted to cash, the value of costs over
the past 3 fiscal years and estimated year to date is $407,350, representing acute hours accrued and used
by all employees. The elimination of acute leave is a critical cost component of the whole employee
benefits reduction plan, and has also already been implemented for general employees.
2
5. ARTICLE 34 LONGEVITY BENEFITS
The City's proposal was to eliminate longevity benefits effective midnight, September 30, 2010. The
Union's counter proposal was the following:
"The City of Palm Beach Gardens and SEIU /Florida Public Services Union will enter into a
Memorandum of Understanding concerning Longevity Benefits. The City of Palm Beach Gardens
and the Union will agree to cease Longevity Benefits for the bargaining unit members when all
employees of the City of Palm Beach Gardens cease to enjoy Longevity Benefits. The employees
of the City of Palm Beach Gardens in the SEIU bargaining unit will continue to receive Longevity
Benefits until the Memorandum of Understanding is enforced."
The City's goal is to eliminate costs of all longevity programs for all employee groups, for a potential total
cost savings of $1.2 Million over the next 2 fiscal years - $800,000 for next year's budget and an additional
$400,000 for the following budget in FY 2012. Our research has shown that many local municipalities in
our labor market no longer provide longevity as part of their total compensation. It is the City's intent to
address an increasingly obsolete type of employment benefit in the same manner among all employee
groups, to preserve jobs.
6. ARTICLE 35 HIGHER EDUCATION TUITION REIMBURSEMENT PROGRAM
The City's proposal was to eliminate the tuition reimbursement program. This is part of the employee
benefits reduction plan being implemented as potential cost saving measures, to minimize loss of
personnel. Over the past 4 fiscal years, the City has spent approximately $182,200 on tuition
reimbursements. The Union's position was that the current Article should remain in effect.
CONCLUSION:
The City's proposals reflect the fact that we anticipate a potential budget deficit of $6.6 Million next year.
Given the huge budget challenges facing the City, our goal is to provide employees with stability of
employment in a fiscally responsible and equitable manner, in order to minimize the need for additional
personnel reductions and maintain the levels of service we provide our residents. These cost saving
measures (elimination and /or reductions of longevity, personal time off, acute leave, conversion of leave
and tuition reimbursement) comprise an employee benefit reductions plan that is necessary for all
employees as we prepare for FY 2011 and years to come.
The City and the Union have agreed that only their Chief Bargaining Representatives will be presenting
their respective positions to the City Council and they will be permitted a maximum of 30 minutes each for
their presentations. Under Florida Statutes Chapter 447.403 which governs the resolution of impasses,
City Council is the legislative body that shall take action to resolve the six (6) disputed issues.
cc: Carl Booth, SEIU /Florida Public Services Union Representative
Bob Norton, Labor Attorney
3
EXHIBIT A
CURRENT CONTRACT
ARTICLE 14
SENIORITY
Section 1. Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens.
Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other
authorized leave.
Section 2. Seniority shall be utilized for the following purposes:
A. Vacations for each calendar year shall be drawn by employees on a basis of seniority preference;
provided, however, that the Department shall retain the right to disregard seniority preference in
the event that it becomes necessary to do so in order to provide adequate coverage in certain
specialized areas during any given vacation period. Nothing contained herein shall be interpreted
as restricting the Department's right to cancel all vacations during any given period in the event of
disaster or emergency.
B. In the event of a vacancy within the Department, seniority will be considered along with skills,
abilities, and the requirements of the job.
C. In the event of personnel reduction, employees shall be laid off in the inverse order of their
seniority in their classification. If more than one classification is affected, an employee laid off
from a higher classification shall be given an opportunity to revert to the next lower classification,
provided that he /she is fully qualified to perform the work in that lower classification. Upon reverting
to a lower classification, an employee's seniority shall be determined by the date of his /her permanent
appointment to that classification. All temporary, provisional, limited term, and probationary
employees shall be laid off before any permanent employee is laid off or reduced in classification.
D. Employees shall be recalled from layoff in accordance with their seniority in the classification from
which they were laid off. No new employee shall be hired in any classification until all
employees on layoff status in that classification have had an opportunity to return to work;
provided, however, that in the discretion of the Department Director or designee and City
Manager or designee, such employees are physically and mentally capable of performing the work
available at the time of recall. No laid off employee shall retain recall rights beyond twelve (12)
months from the date of layoff.
E. Employees eligible for recall will be sent a certified letter to their last known address giving
them thirty (30) days to reply as to whether they wish to be considered for their prior position.
The City shall have no further obligation unless it receives a written response within thirty (30)
days of receipt or attempted delivery of the letter.
F. Whenever a layoff becomes necessary, the City Manager or designee shall make every effort to notify
the Union at least two (2) weeks in advance of the intended action and the reasons therefore.
17
CITY'S PROPOSAL
ARTICLE 14
SENIORITY
Section 1. Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens.
Seniority shall accumulate during absence because of illness, injury, vacation, military leave, or other
authorized leave.
Section 2. Seniority shall be utilized for the following purposes:
A. Vacations for each calendar year shall be drawn by employees on a basis of seniority preference;
provided, however, that the Department shall retain the right to disregard seniority preference in
the event that it becomes necessary to do so in order to provide adequate coverage in certain
specialized areas during any given vacation period. Nothing contained herein shall be interpreted
as restricting the Department's right to cancel all vacations during any given period in the event of
disaster or emergency.
B. In the event of a vacancy within the Department, seniority will be considered along with skills,
abilities, and the requirements of the job.
C. In the event of personnel reduction or layoffs, the City's Policies and Procedures, Section 6.5
Workforce Reduction, will be followed.
apieintment to —that elas ifieat-ien.. All tempef I I - p .�. ial, limited teffn and -eb
employees shall be laid eff befefe any pefmafient empleyee is laid eff ef r-edueed in elassifiea4ien.
17
_
AMT ._
17
6.5 Workforce Reduction
Workforce Reduction involves the termination of an employee(s) as a result of declining
revenues, curtailment or elimination of a public service activity, program or function, or
organizational restructuring.
This section establishes the City's guidelines for any of the reductions outlined above.
The procedure listed below applies to all employees, unless otherwise covered by a
collective bargaining agreement. Workforce reduction may involve an entire category of
employees or a single position. Work performed may be discontinued or reassigned to
other position(s).
In such cases outlined above, the City Manager may terminate an employee or
employees. Workforce reductions are not disciplinary actions.
Workforce Reduction Procedure:
1. Notification: All affected employees will receive 45 days written notification.
All days referenced in this Workforce Reduction Policy section are calendar days.
2. Order of workforce reduction: The following criteria will be used to identify
positions to be eliminated and employees who will be subject to termination.
a. Level 1: The Department Head will recommend position(s) for
elimination based on operational need, budget restrictions, and/or
reorganization. The Human Resources Administrator will receive and
make recommendation to City Manager for final approval of which
position(s) to eliminate.
b. Level 2: If two or more employees currently occupy those positions
approved for elimination, employees will be terminated based on
utilization of performance evaluations, work experience, attendance, and
disciplinary record.
c. Level 3: Seniority with the City will be the next criterion, if needed.
Seniority will be calculated by counting years of service from `Last Hire
Date' as a full time employee. Should there be two or more employees
with the same years of continuous service with the City, the seniority in
the position will be the final criterion. Preference for retention will be
given to veterans who submit proof of discharge from active duty in time
of war as defined in Title I, Section 1.01 (14) of the Florida Statutes.
3. Workforce Reduction Pay: Employees who receive 45 days written notice of
termination may be relieved of duty and paid for the 45 day notice period, or
requested to work during the 45 day notice period. Employees who are paid for
the 45 day notice period will have as a termination effective date, the date of the
notice. Employees who work 45 days as requested will be eligible for an
additional bonus of 30 days base pay (as lump sum) following the termination
date. Such additional bonus will be referred to as Workforce Reduction Pay.
Replaces Section 6 Pages 46 -48 Revised 6/1/09
a. If the employee finds another full time position during the
workforce reduction/position elimination process through
voluntary utilization of the demotion or transfer policy and this
transfer /demotion is effective prior to the termination date, the
employee will not be eligible for workforce reduction pay.
b. Each employee must sign an Agreement, Waiver and Release in
order to receive the Workforce Reduction Pay, in order to receive
the 30 -day bonus.
c. With respect to an employee who is relieved of duty and paid for
the 45 day notice period, at the City's option the employee may be
offered 30 additional days pay at the base rate if the employee
signs the release referred to in paragraph `b' above.
4. Health and dental insurance benefit coverage: Regardless of whether an
employee works through the 45 day notification period, the employee's health and
dental insurance coverage would continue through the end of the 45 day
notification period.
The employee will be notified of COBRA eligibility upon notice of termination.
If the employee elects COBRA, the City will pay the difference between the
COBRA rate and the current monthly employee premium rate for the first 30 days
of COBRA. The former employee must submit the COBRA invoice along with
his /her portion of the premium to the Human Resources Department for payment
within 30 days of receipt of said invoice. The former employee will pay the full
COBRA premium starting the second month following termination of
employment.
5. Accrued Personal Leave hours: The employee will receive full payout of accrued
personal leave balance at the time of termination.
6. Accrued Acute Leave hours: There will be no payout for any accrued acute leave
hours, in accordance with the current City policies and procedures.
Replaces Section 6 Pages 46 — 48 Revised 6/1/09
EXHIBIT B
CURRENT CONTRACT
ARTICLE 18
INSURANCE
Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance
coverage at no cost to the employees.
Section 2. Employees who elect to maintain dependent coverage will contribute a portion of the actual cost of
said coverage. The Bargaining Unit employees will contribute the same percentage toward the cost of
dependent coverage that other non - management City employees are required to pay.
Section 3. If any non- management City employees are not required to pay the dependent coverage referred to in
Section 2, then the bargaining unit employees shall not pay for such coverage and shall be reimbursed
for any such payments made if it is determined that other non - management City employees have not
been required to pay for dependent coverage or have paid a lesser amount.
Section 4. Bargaining unit employees shall at all times be provided with the same insurance benefits provided to
all bargaining unit and non - management employees of the City.
W'
CITY'S PROPOSAL
ARTICLE 18
INSURANCE
Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance
coverage at no cost to the employees through September 30, 2010.
Section 2. Employees who elect to maintain dependent coverage will contribute $116 per month for HMO
coverage and $220 per month for PPO coverage.
Bar-gaining Unit emple�,ees will eentfibute the same pereentage te,1A,ar-d the eest of dependent
Seetien 2, then the bafgaining unit empleyees shall not pa�, for- stieh eevefage afid shall be feimbur-sed
fer- any sueh payments made if it is deteFmified that ethef nen management City emplayees have fiat.
been r r °a to pay f r dependent ° have paid ° less °r ° nt
worn i.° ° ° ,
Section.3. Bargaining unit employees shall at all times be provided with the same insurance benefits as all other
previded to all bar-gaining unit and nen manageffi general employees of the City, at the same
contribution amounts for individual and /or dependent coverage.
21
EXHIBIT C
CURRENT CONTRACT
ARTICLE 29
PERSONAL LEAVE
(See City Policy)
CITY'S PROPOSAL
ARTICLE 29
PERSONAL LEAVE PAID TIME OFF
Section 1: It is the policy of the City to promote the efficiency, health, well -being and morale of employees
through time away from their jobs. The purpose for PTO is to provide full -time employees with flexible paid time
off (PTO) to be used for such needs as vacations, illness or other personal time away from work.
Section 2: Definitions
1. Immediate Family — The employee's parents, parents -in -law, spouse, dependent children, including step and
adopted, employee's registered domestic partner and his/her child(ren).
2. Scheduled PTO —Time off that is requested in advance in accordance with this provision and any applicable
department rules.
3. Unscheduled PTO — Absence preventing the employee from requesting PTO in advance, such as illness. For
purpose of this policy, illness means illness of the employee or immediate family as defined above.
Section 3: Effective midnight, September 30, 2010, Paid Time Off combines and supersedes Personal Leave,
Acute Illness Leave and Voluntary Donation of Personal Leave Time policies previously in effect. All full -time
employees are eligible for PTO.
Section 4: Accrual
1. PTO is accrued upon hire or transfer into a benefit- eligible position. PTO is earned on a monthly basis and
credited to an employee's PTO bank on the first day of each month for the time earned in the preceding
month.
2. Employees beginning employment on or before the 24M 15th day of the month will be credited with PTO time
accrued for that month.
3. PTO does not accrue during periods of unpaid leaves of absence. Employees returning from an unpaid leave
of absence on or before the 15`h day of the month will be credited with PTO time accrued for that month.
4. Years or length of continuous service determines the rate at which the employee accrues PTO. Employees
whose anniversary date is on or before the 15th of the month will accrue at the new rate for the month.
Anniversary dates on or after the 16`h day of the month will accrue at the new rate the following mom.
5. PTO account balances may not exceed the maximum accrual limit set forth below.
35
6. PTO is accrued monthly as follows for full time employees assigned to a forty-hour (40) work week:
Years of Service
Monthly Accrual
Annual Accrual
Maximum
Accrual
0 through 4 years
36 12 hours
492. 144 hours
300 hours
5 through 9 years
39 14 hours
246 168 hours
400 hours
10 through 14 years
29 16 hours
249 192 hours
450 hours
15 through 19 years
23 19 hours
2-76 228 hours
500 hours
20 through 24 ,years
I 23 21 hours
399 252 hours
550 hours
25 or more ,years
1 28 24 hours
336 288 hours
640 hours
Section 5: Scheduling
1. Scheduled PTO
a. Employees must complete the initial probationary period to be eligible to use scheduled PTO.
b. PTO shall be requested in advance of the proposed time off. Employees shall submit their requests to
their supervisors for approval by utilizing departmental scheduling software. Supervisors must
consider all request for time off, giving due consideration to the needs of the department and the
ability of the remaining staff to perform the work of the department or division. Each employee shall
give his/her supervisor at least ten (10) days notice for scheduled time off of five (5) days or more.
This notice requirement is subject to change by each department.
c. The maximum continuous PTO leave shall be four (4) calendar weeks. The City Manager may
approve more than four (4) weeks if it is determined that the City will not be adversely affected.
2. Unscheduled PTO
a. All probationary and non - probationary full -time employees are eligible to use unscheduled PTO.
b. To utilize unscheduled PTO, the employee shall notify his/her supervisor prior to the beginning of the
scheduled workday, or prior to leaving the work assignment.
c. Employees may be subject to disciplinary action up to and including termination of employment
should their unscheduled absences occur with such frequency so as to adversely affect department
operations.
3. Employees are expected to manage their PTO responsibly. Employees carrying PTO balances cannot opt to
take time off without pay or borrow against their PTO bank as they are not entitled to use time that has not
been earned.
4. PTO is paid at the employee's straight time rate and is not part of any overtime calculation.
5. PTO may be taken in increments of /4 hour.
Section 6: Payout
1. . Employees may
request to receive payment in lieu of PTO up to a maximum of 80 hours annually each fiscal ,year. Requests
for payment in lieu of PTO shall be limited to twice a year based upon the current fiscal year.
Upon separation from employment, employees who have successfully completed their initial probationary
period shall be paid for all accrued unused PTO time based on the employee's final base rate of pay.
Employees may not use PTO time in lieu of notice of resignation, unless otherwise approved by the
department head.
3. A ffill month's accrual will be credited for separations of employment on or after the 15th of the month.
36
Section 7: Rehires - Former employees rehired shall receive credit for prior years of service in order to determine
the PTO accrual rate. Rehired employees shall begin employment with a zero PTO balance.
Section 8: Acute Illness Leave
1. Effective midnight, September 30, 2010, employees shall no longer accrue acute illness leave Full -time
employees ca Ming accrued Acute Illness Leave balances as of September 30 2010 shall carry forward those
hours to use until they are depleted.
2. Acute illness leave may be used beginning on the fourth consecutive day of an illness or injury of the
employee or his/her immediate family, which shall be verified in writing by a licensed physician. Acute
illness leave shall be utilized in eight (8) hour increments except when used for disability.
3. Acute illness leave hours shall be used to supplement disability payments in order to make an employee's
income whole and continue employee's status as full -time.
4. Acute illness leave hours are not transferable to other employees and will not be replenished once they are
exhausted. Upon separation from employment, employees shall not be compensated for any unused acute
illness leave hours.
Section 9: Voluntary Donation of PTO
1. Eligibility
a. Full -time employees on approved Family and Medical Leave (FMLA), who have exhausted their paid
leave hours (PTO, Acute Illness, Personal Holiday and Compensatory Time), may request donated
PTO time.
b. Full -time non - probationary employees may donate PTO time.
2. Procedure
a. The employee requesting donated PTO hours must submit a written request to the Human Resources
Department. Human Resources shall notify all employees of the request for donated PTO.
b. Employees may donate a minimum of four (4) PTO hours by completing and submitting a Voluntary
Donation of Personal Leave form to Human Resources.
c. PTO will be donated to the requesting employee each pay period as needed. PTO donations will be
processed in the order they are received. Unused donated PTO will not be transferred from the donor
to the requesting employee.
d. The Payroll Coordinator will maintain appropriate records documenting donated PTO.
37
PI°"� -f f3 f
The Palm Beach Gardens Girls Softball Team defeated Sarasota 6 -2 taking the
Class 6A State Softball Title.
This is Palm Beach Gardens' 3rd title in the past 6 years.
Palm Beach Gardens outscored its 5 playoff opponents by a combined score of
27 -4.
Each of the players and coaches will be receiving a Certificate of Achievement
tonight which reads:
Certificate of Achievement presented to the Palm Beach Gardens Highs School
Softball Team
in honor of your Class 6A 2010 State Championship
The City Council is very proud to commemorate your dedication, perseverance
and
outstanding achievement.
4&j , - C"'a fir, cle\
�sir-
i it �tIYV CAL r44 Q e Tr1 �� E'� T�i ✓� 1 �� !�"�'C'G� -cal
�e<'��
Conceptual drawing of garden at
Trinity United Methodist Church
T
I,-
160
120
40- •
21,1[
m
2D
��r >
L'-'j
XWL
OV,
For!
hat
tr
W AOLP
el
77-77 f,
40 so
80
i ,X
&,oc'ek
. u.
�I3I�o U`rY Co,1NuL MCCT nS 7v lie
P�
Deparintcnt 01 En¢inecring
and Public Wurka
1•ta rio: 12 ?,:
-viol, 684 4000
e'u w pb,'gov c,m;
F7
May 25, 2010
Jose M Martinez
JM Advisors
7855 NW 12'r' St., Suite 217
Miami, FL 33126
i
RE: POWER PLAY / 95 HOOD, LLC — PROPERTY LOCATED ON
THE NORTH SIDE OF HOOD ROAD WEST OF THE FLORIDA
TURNPIKE
Dear Mr. Martinez:
File: Roads — Hood Rd.
Development — "P" Misc.
F:ITRAFFIC \btplMlsc \Power Play Parcel Hood Road letter.doc
The purpose of this letter is to rescind our conceptual access approval
1'''n' ° °"`r' `°" "`r
notice for the Power Play Development sent to Timothy Messler, P.E. on
Board of t:ounty
rnm,ntseiwtors
i December 23, 2003 (see attached).
Our further investigation of the subject area indicates that the right -of -way
of Hood Road adjacent to Power Play Development / 95 Hood, LLC
belongs to Florida's Turnpike Enterprise (part of Florida Department of
Le „� "ins
Transportation) and not Palm Beach County. Therefore, Palm Beach
County has no jurisdictional authority to issue an access approval letter.
Please feel free to contact me at 684 -4030 if you have additional
questions.
Sincerely,
}
Bogdan T. Piorkowski, P.E.
County Amin hLratuc
Senior Professional Engineer, Traffic Division
B —P-meo
Attachment: Letter to Timothy Messler, P.E. (dated 12123/03)
Pc: Dan Weisberg, P.E., Director, Traffic Division
Ken Rogers, P.E., Director, Land Development Division
File: Roads — Hood Rd.
Development — "P" Misc.
F:ITRAFFIC \btplMlsc \Power Play Parcel Hood Road letter.doc
61,3110 eotl (v � u � e� - e.�7 � i K r�� 4
TO: Palm Beach Gardens Zoning Board
10500 North Military Trail
Palm Beach Gardens, Fl. 33410
Att.: Kate Wilson Project Planner
Gi 77r?6 /'s ,y�BiT 1
G `J" 7'e-'e
. L Z� ZGJ d
FROM: James A. Duda, Retired Engineer and Former Zoning Commissioner
3403 Pin Oak Ct.
Palm Beach Gardens, Fl. 33410
SUBJECT: Ordinance 10,2010 and Resolution 22,2010
St. Marks Church and School
Dear Ms. Wilson,
have been a neighbor to St. Mark's for over 19 years. I don't wish to cause them any hardship over
their development plans which r have studied, but there are safety concerns.
They have my blessing on their capitol building improvements, therefore I do not wish to make an
appearance at the upcoming meeting. I would appreciate your taking my safety concerns to the council.
By the way, I served as a commissioner on the Zoning Board for ten years for the capitol city of the
state of Illinois. I have had the experience also as Chairman of the Safety Council for years.
In reviewing St. Marks site plans, I see no additional off street parking. This has already been a traffic
problem for several special events during the year. At times vehicles have been parked everywhere along
Gardens East Drive. The proposed 44,593 Sq. Ft. additions will only aggravztethis situation without additional
off street parking. Therefore no variances should be considered for parking. The site needs to meet the code
requirements.
There are two other items to address as well. Traffic all around the site during the school year is out of
control when kids are dropped off and picked up. A traffic officer should be on the site at these times. A study
of this is needed. Also they need a protected pedestrian cross over connecting their East and West campus
sites.
crryw
I would appreciate your making these safety concerns known and addressed. PALMgMeD
JUN 2 2010
PLAN*" 8
Very Truly, HMO
James A. Du
imi
13
a
C
S 4�^
1
W
L
i
A
1
A
_I
w
s
m
s
gg H
10 D to
CD CD
3� o
all -P
ft ff �s 9
IF ,
Qa 1►au ° {$eke e
It
Y„ iGa9 k8k B
CD
CL
� CW7N2v
�C
S _ ii '0
� a
0
s
Sash
T
w
lu
0
01-
cn z Scripps Florida Phase II [ I,{tr ��Il1 ►::r:�
p Briger Tract DRI !' '' i ►t�1'{ s oQ �'
® Palm Beach Gardens, Florida
g PCD Master Plan